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Bloomsbury dismisses Potter copyright claim
16.06.09 | Philip Jones
Bloomsbury Publishing has said that it will "vigorously" defend the claim of plagiarism made against the publisher by the estate of Adrian Jacobs, stating that the allegations that Harry Potter author J K Rowling copied from Jacobs' earlier work were "unfounded, unsubstantiated and untrue". According to Bloomsbury, a similar claim on behalf of the Jacobs' estate was made in 2004, but never progressed.
The Jacobs estate filed the complaint in the High Court and is seeking an injunction to prevent further sales of Harry Potter and the Goblet of Fire and either damages or a share in the profits made by Bloomsbury. It claims J K Rowling "copied" from Jacobs' short children's novel The Adventures of Willy the Wizard-No 1 Livid Land, in one of her Harry Potter books.
But Bloomsbury stated that J K Rowling had never heard of Adrian Jacobs nor seen, read or heard of his book Willy the Wizard until this claim was first made in 2004. According to Bloomsbury this claim was first made by solicitors in London acting on behalf of Adrian Jacobs' son who was the representative of his father's estate and who lives in the United States. The claim was unable to identify any text in the Harry Potter books which was said to copy Willy the Wizard.
Bloomsbury stated: "Willy the Wizard is a very insubstantial booklet running to 36 pages which had very limited distribution. The central character of Willy the Wizard is not a young wizard and the book does not revolve around a wizard school." It added that writing was very much a sideline for Jacobs, and his book was of a "very poor quality".
Bloomsbury said the earlier claim was largely based on the work of a man called David Markson. Markson is now "said to be" the literary agent of Adrian Jacob's estate and his brother Max Markson is handling the publicity for the estate in this case. Bloomsbury said this new claim was put forward on a "significantly different basis" in 2008 but still without identifying any text said to copy Willy the Wizard. It said the UK lawyers have stated that they are acting on behalf of a firm of solicitors in Wagga Wagga, Australia and on behalf of a West Midlands property developer who was appointed in 2008 as Trustee of the Estate in order to bring this claim.
The allegation insinuates that the plot of Harry Potter and the Goblet of Fire, published in 2000, borrowed "substantial parts" from Jacobs’ somewhat lesser-known The Adventures of Willy the Wizard-No 1 Livid Land, published 10 years before the first Potter book came out. According to a press statement issued by the Jacobs estate both books describe the adventures of a main character, "Willy" in Jacobs' book and "Harry Potter", who are wizards, who compete in a wizard contest which they ultimately win. Other similarities referred to in the claim include the idea of wizards travelling on trains. Jacobs' book was published by Bachman and Turner in 1987.
Bloomsbury concluded: "This claim is without merit and will be defended vigorously."
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Where there's a hit, there's a writ.....
Where there's fame, there's a claim...
Utter arrogance and audacity from Bloomsbury as they belittle Jacobs' book by describing it as an 'insubstantial booklet'. They are missing the point, in the circumstances, just a single copy or even sight of the original manuscipt could be more than enough in an impending legal situation. I also find their tone a direct insult to Jacob's family. Bloomsbury come across as bully boys, I'm supporting Adrian Jacobs on this one.
How can they claim on a Wizard travelling on a train? or both competing in a competition? Its like one football fiction book is mostly like any other but do they claim for nonsense? No. Im sure theres lots of book about normal people travelling on a train, do they get sued? No. This is a lame attempt to claim some fame and money. You failed. End of blog.
Willy the Wizard is a very insubstantial booklet running to 36 pages which had very limited distribution. Have a look at it Ray, that's a fact (willythewizard.com). As for the quality of writing, well the best that can be said about it is that it could certainly do with a good editor.
@Ray Hollingsworth
They claim it is an 'insubstantial booklet' because it *is* - it is only 36 pages long! How can that compare with one of JKR's 500+ page gigantic books? It also had very limited distribution. WorldCat shows that only 4 libraries (3 academic, all in the UK) out of thousands actually have the book.
It's a pretty sad day that you will choose which 'side' you're on based on not liking the tone of the side defending themselves. Shame on you - I hope you never sit on a jury, since the facts don't seem to affect you nearly as much.
Here's the key: the ones bringing the suit can't identify any specific details or text to show plagiarism - just two very general concepts: wizards riding a train and a wizard competing in a competition and winning (imagine that!) No wizard school, no marked for death by an all-powerful evil sorcerer, no orphaned at a young age and raised by cruel relatives, none of the things that actually make HP unique.
These people are making a sad play for money and attention, at a minimum they're hoping that interest in the little book will be rekindled by the public wanting to make the comparison themselves. Sad!
Wow Carolyn, exactly what i think. Our brains must be on the same wave length. Maybe we are soul mates..... ;)
Jiggy-Junky what a wonderful brilliant analysis of the situation you produce.How clever you are!
The claim is not about the character on a train-it's about the plot and the new to the genre creations of Jacobs that found their way into St.Joanne's Harry Potter.Take another pill and lie down dear.
Didnt we just go over this Snowy Bent Boy? You can sue someone for having a similar character on a train.....you sir, are a moron. You would be hopeless in a court of law.
The length of a book is irrelevant as is the writing quality.It's the plot architecture and new to the genre themes allegedly copied from WTW into HPGF which give rise to the claim.The press release cannot give all the carefully drafted legal arguments Top Intellectual Property lawyers have vetted and verified the Estate's claim against JKR
Much of these dismissive Comments come without reading the writ which identifies the architecture of the plot itself and some 40 supporting points as having been plagiarised from Willy The Wizard into Harry Potter and the Goblet of Fire.Wait till the court case!
Im sorry for my brother Snowy Bear, however, do not talk to him like that, how rude you are, why are you even blogging? You clearly have no idea about the law, are you secretly Ray Hollingsworth? Because we all hate him and your next on the list.
Right you are Jiggy, i totally agree with you.
Cheers brainwave, and you better watch out boy (snowy) Im Bigfoot and I eat bears for breakfast!
Except clearly not.
Ray Hollingsworth-If these self-focused nonentities are against you-I'm with you pal.
Plagiarism is theft.
Remeber Balzac-"behind every great fortune is a crime" Jacobs was a qualified Accountant and Solicitor and chairman of five public companies at 29! Okay he died bankrupt-but his ideas and plots were good enough to make someone else successful!
You are right Jo, we don't know about the claim - so why don't you all shut the f**k up ?
I don't know about the claim but these comments are certainly without merit.
Jiggy should read his brother's comments if he wants to see someone being rude. Anyway boys
you are right-why am I even blogging?It's because I really have read both books and the writ at the high court and I hate plagiarism You guys wouldn't recognise that emotion I guess..Bear hugs to all I'm off to the Walrus cafe for lunch xxx sb
this is a claim with real legs on it lets see what the sceptics have to say when some of the biggest baddest QC's pop outa the woodwork on this one in the coming days all hell's gonna break loose!!Read the particulars of claim on this matter very dodgy indeed regarding little and jkr just too many ''coincidences'' in this claim the werewolf from wagga wagga is soon to be the werewolf from london ahhh oohh!!!!!
Where there's a hit, there's a writ.....
Where there's fame, there's a claim...
Utter arrogance and audacity from Bloomsbury as they belittle Jacobs' book by describing it as an 'insubstantial booklet'. They are missing the point, in the circumstances, just a single copy or even sight of the original manuscipt could be more than enough in an impending legal situation. I also find their tone a direct insult to Jacob's family. Bloomsbury come across as bully boys, I'm supporting Adrian Jacobs on this one.
How can they claim on a Wizard travelling on a train? or both competing in a competition? Its like one football fiction book is mostly like any other but do they claim for nonsense? No. Im sure theres lots of book about normal people travelling on a train, do they get sued? No. This is a lame attempt to claim some fame and money. You failed. End of blog.
Willy the Wizard is a very insubstantial booklet running to 36 pages which had very limited distribution. Have a look at it Ray, that's a fact (willythewizard.com). As for the quality of writing, well the best that can be said about it is that it could certainly do with a good editor.
@Ray Hollingsworth
They claim it is an 'insubstantial booklet' because it *is* - it is only 36 pages long! How can that compare with one of JKR's 500+ page gigantic books? It also had very limited distribution. WorldCat shows that only 4 libraries (3 academic, all in the UK) out of thousands actually have the book.
It's a pretty sad day that you will choose which 'side' you're on based on not liking the tone of the side defending themselves. Shame on you - I hope you never sit on a jury, since the facts don't seem to affect you nearly as much.
Here's the key: the ones bringing the suit can't identify any specific details or text to show plagiarism - just two very general concepts: wizards riding a train and a wizard competing in a competition and winning (imagine that!) No wizard school, no marked for death by an all-powerful evil sorcerer, no orphaned at a young age and raised by cruel relatives, none of the things that actually make HP unique.
These people are making a sad play for money and attention, at a minimum they're hoping that interest in the little book will be rekindled by the public wanting to make the comparison themselves. Sad!
Wow Carolyn, exactly what i think. Our brains must be on the same wave length. Maybe we are soul mates..... ;)
Much of these dismissive Comments come without reading the writ which identifies the architecture of the plot itself and some 40 supporting points as having been plagiarised from Willy The Wizard into Harry Potter and the Goblet of Fire.Wait till the court case!
The length of a book is irrelevant as is the writing quality.It's the plot architecture and new to the genre themes allegedly copied from WTW into HPGF which give rise to the claim.The press release cannot give all the carefully drafted legal arguments Top Intellectual Property lawyers have vetted and verified the Estate's claim against JKR
Didnt we just go over this Snowy Bent Boy? You can sue someone for having a similar character on a train.....you sir, are a moron. You would be hopeless in a court of law.
Jiggy-Junky what a wonderful brilliant analysis of the situation you produce.How clever you are!
The claim is not about the character on a train-it's about the plot and the new to the genre creations of Jacobs that found their way into St.Joanne's Harry Potter.Take another pill and lie down dear.
Im sorry for my brother Snowy Bear, however, do not talk to him like that, how rude you are, why are you even blogging? You clearly have no idea about the law, are you secretly Ray Hollingsworth? Because we all hate him and your next on the list.
Right you are Jiggy, i totally agree with you.
Cheers brainwave, and you better watch out boy (snowy) Im Bigfoot and I eat bears for breakfast!
Jiggy should read his brother's comments if he wants to see someone being rude. Anyway boys
you are right-why am I even blogging?It's because I really have read both books and the writ at the high court and I hate plagiarism You guys wouldn't recognise that emotion I guess..Bear hugs to all I'm off to the Walrus cafe for lunch xxx sb
I don't know about the claim but these comments are certainly without merit.
You are right Jo, we don't know about the claim - so why don't you all shut the f**k up ?
Ray Hollingsworth-If these self-focused nonentities are against you-I'm with you pal.
Plagiarism is theft.
Remeber Balzac-"behind every great fortune is a crime" Jacobs was a qualified Accountant and Solicitor and chairman of five public companies at 29! Okay he died bankrupt-but his ideas and plots were good enough to make someone else successful!
Except clearly not.
this is a claim with real legs on it lets see what the sceptics have to say when some of the biggest baddest QC's pop outa the woodwork on this one in the coming days all hell's gonna break loose!!Read the particulars of claim on this matter very dodgy indeed regarding little and jkr just too many ''coincidences'' in this claim the werewolf from wagga wagga is soon to be the werewolf from london ahhh oohh!!!!!
Hey great to hear you boys are in town. Pop over to my place for a beer and we'll discuss the 'merits' of the writ!
Oi! who impersonating me? Ill squash you like the book worm you are!
Frankly I'm much more interested in the burgeoning relationship between Jiggy and Carolyn. I can see it now, the moment on your fifth date when you realised you stood but two places apart at a JK Rowling signing in 2003 - there's one for the grandkids! And obviously I agree with you both on the matter in hand - it's all a bit silly. I completely lost track of the interconnections going on with those bringing the case after 'Wagga Wagga'. If this was any kind of proper case, there'd be press-release worthy substance and some kind of grand lawer firm name like Bastard, Bastard & Carnegie involved.
Bloomsbury...'and his book was of very poor quality'...this would make no difference in a legal case...some of those working for mother ship publishing companies are too far up themselves to see daylight. I take it as a compliment to be 'hated' ( yawn ) but some of you who post on here. For the record - I hate no one.
jiggy it's no wonder you failed law school!
HP copied a lot of elements from LOTR too. Rowling has just thrown loads of different themes from different works together and managed to make a stack of money. I can't believe the arrogance of the defense
ah Andy it's nothing new... it's typical of the entire JKR movement- fawning adulation for the product and rabid defensiveness at the slightest challenge... perhaps it's a smokescreen for a broader ignorance of literature... oh well "at least they're reading" i suppose...
These lawsuits frustrate me because they try and claim "an idea" can be copyrighted. If this were the case, there would be no new books ever published.
Do people not understand the history of books - the formats of the 'hero's journey' and character archetypes that have been around since Beowulf.
A chosen child goes on a journey, is faced with challenges, until the ultimate challenge where they must slay the dragon/win a competition/defeat the emperor.
I've seen it time and time again. LOTR, Narnia, Star Wars, Willow, the legends of King Arthur.
I read some of the extracts on the willythewizard.com site. I think the only winners here will be the lawyers.
Has anybody actually read or seen the full writ. Can it be found online? Il reserve judgement on the matter until all the facts come to light. From where Im standing (at the present moment in time) it looks like a coincidence.
On another note I like how Rowling polarizes people, those who are determined to see her sued for plagarism (jealousy of talent and sucess maybe?) and those who defend her work wholeheartedly.
I agree with Jiggy - authors constantly "borrow" and "recycle" plots and stories - I don't see a problem with that, as long as the story is presented in an innovative way and serves the modern taste. Take for example Quirk Classics - many people have dismissed them as rubbish but they topped the NY Times Bestseller List and made huge publicity for the company. It is the politics of envy, the greed, the grudge and the idea that every achievement should be tested, tried, belittled, judged and scrutinised. People should be proud that in 21 century a British-owned and based company like Bloomsbury are supporting a mega-successful British author who have become a part of the world's literary heritage.