Thoughts from a different perspective

[Teri Gardner]

Hi all,

I've been reading everyone's comments and thoughts on the SVA/RDR vs JKR/WB case and I had a few questions (I haven't been able to read all the Justia documents).

When RDR approached SVA regarding publishing the Lexicon book, did SVA seek out an agent and/or lawyer that specialised in copyright to double check the possibilities of a lawsuit or did he just ask for the indemnity clause to be inserted and then blindly sign the contract? Or, even worse, trusted RDR's lawyers to give him appropriate advice.  I'm hoping he DID seek out at least some independant legal advice, but I've not heard that he had.  I was just wondering if anyone knew.

See, from what I understand from another source reporting on the case and who has broken down the contract that SVA signed, despite the indemnity clause in SVA's contract, there is also a clause that talks about the copyrightability of the work SVA took his information from.  In other words, that none of the material in the Lexicon Book is copyrightable to JKR.  (I hope I'm making sense here.)

Now this could be shoddy contract editing and review on the part of the lawyers/agents involved (if there were any) but what this clause means is, if the Lexicon is found to be in violation of copyright, then RDR can effectively sue SVA for breach of contract and in and possibly seek to recover their money from the lawsuit because he handed them a book that infringed on the copyright of JKR.

Whups.

Even if this is a matter of shoddy contract negotiation and the clause was meant to be removed, the fact remains, it's still in there and RDR has an out should things not go their way.  This effectively means SVA is screwed if they decide to pursue this course of action.

If the US courts are anything like the Canadian (and I'm given to understand that they very much are), intention in a contract is not even considered, it's what is in the document that is and it is what the parties signed and agreed to.

I really do hope that SVA was remotely smart enough to seek his own independant counsel.

I think I'm going to have to side with Alla on a good chunk of this.  SVA was not forced into signing a contract and if he really had misgivings about the content and whether or not he should publish a book, which he was asked not to when he approached JKR about it, he should have found himself a good lawyer to discuss the repercussions if things went ahead.  I don't see him as a little guy victim who is just a loyal fan and got shafted by RDR, WB, and JKR.  There has to be some personal responsibility there.  The man is 50 years old for cryin' out loud and should have all his ducks in a row before going ahead with this.  And if he trusted RDR's lawyers to look out for his best interest in any of this, he's in for a very rude awakening.  

He may not be as culpable as RDR in all, but he can't shove all of the blame onto them.  The fact that he has attempted too can put him in a worse position than he's already in, especially if he wants to be published in the future.  

Teri

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