Brands go to great lengths to transcend their physical products and become an interwoven part of the culture. As a result, many brands have become an integral part of people's identities and lives. The phenomenon known as Harry Potter is a perfect example of this transcendence. It has evolved from a mere children's book to a multidimensional and multimedia industry. People wait for hours on the opening night of a new book or movie. Harry Potter toys, books, DVDs, fly off the shelves. It has become a theme park ride at Universal Studios Orlando. And at a recent college tour at Georgetown, the tour guide made sure to explicitly point out that Healy Hall looks like Hogwarts. The line between the Harry Potter brand and culture has been purposefully blurred. But this has created a problem between eager fans running websites and writing fan fiction and the companies (like Warner Bros.) who own the intellectual property.
Multiple lawsuits are being brought against fan created sites, but there is a clear difference between the innocent ones and the guilty ones. The first are fan fictions sites. While these sites may draw on the books for inspiration, they are mostly non-profit organizations. These sites aren't looking for financial gain, but to promote the creative writing skills of children. Also these sites allow children to create a fantasy world where they can sort through some of their real life problems. These sites also don't detract from the profits of Warner Bros. and if anything they vitalize and build up excitement about the brand which leads to higher sales. The other types of sites are those like "The Harry Potter Lexicon". This site was originally a non-profit that provided an encyclopedia of Harry Potter characters and events along with analysis. But the creator and RDR Books attempted to publish a print version for profit. After this, a lawsuit was brought against them by J.K. Rowling, who was also planning on writing a Harry Potter encyclopedia. This example differs extremely from the fan fiction websites, as the purpose is to make a profit.
So who owns culture? Historically it has been something that belongs to the people. Traditions, holidays, values, beliefs. Those things are intangible and can't be owned by an individual or corporation. But that has changed since brands, which are owned and copyrighted, have become the culture. In my opinion, people are still the ones who should own the culture. If they want to develop, expand, and immerse themselves into a brand (like Harry Potter) then they have the right to do so. But the line is crossed when people try to exploit that for their own personal gain. Companies are facing a challenging time. They don't know who to sue or where things like fan fiction are going so they sue everything they perceive as a threat. In a few decades, precedents will be in place to determine when copyright infringement occurs. But until then companies must use logic to determine who gets sued and who doesn't.
Multiple lawsuits are being brought against fan created sites, but there is a clear difference between the innocent ones and the guilty ones. The first are fan fictions sites. While these sites may draw on the books for inspiration, they are mostly non-profit organizations. These sites aren't looking for financial gain, but to promote the creative writing skills of children. Also these sites allow children to create a fantasy world where they can sort through some of their real life problems. These sites also don't detract from the profits of Warner Bros. and if anything they vitalize and build up excitement about the brand which leads to higher sales. The other types of sites are those like "The Harry Potter Lexicon". This site was originally a non-profit that provided an encyclopedia of Harry Potter characters and events along with analysis. But the creator and RDR Books attempted to publish a print version for profit. After this, a lawsuit was brought against them by J.K. Rowling, who was also planning on writing a Harry Potter encyclopedia. This example differs extremely from the fan fiction websites, as the purpose is to make a profit.
So who owns culture? Historically it has been something that belongs to the people. Traditions, holidays, values, beliefs. Those things are intangible and can't be owned by an individual or corporation. But that has changed since brands, which are owned and copyrighted, have become the culture. In my opinion, people are still the ones who should own the culture. If they want to develop, expand, and immerse themselves into a brand (like Harry Potter) then they have the right to do so. But the line is crossed when people try to exploit that for their own personal gain. Companies are facing a challenging time. They don't know who to sue or where things like fan fiction are going so they sue everything they perceive as a threat. In a few decades, precedents will be in place to determine when copyright infringement occurs. But until then companies must use logic to determine who gets sued and who doesn't.
Works Cited:
The New York Times "Rowling to Testify in Trial Over Potter Lexicon"
Henry Jenkins "Convergence Culture"
The Persuaders
No comments:
Post a Comment