Harry Potter and the Simulacrum: Contested Copies in an Age of Intellectual Property

• Published in: Critical studies in media communication 2009-10, Vol.26 (4), p.295-311
• Main Author: Striphas, Ted
• Format: Article
• Language: English
• Subjects: Boundaries; Copyright; Court decisions; Harry Potter; Infringement; Intellectual Property; Property; Rights; Rowling, J K; Simulacrum; Stouffer, Nancy; Trademark; Trademarks
• ISSN: 1529-5036; 1479-5809
• DOI: 10.1080/15295030903177516

This essay begins by investigating how and on what basis the boundary between originals and copies gets drawn within the framework of intellectual property law. It does so by exploring Harry Potter-related doubles that were featured in the 2000 trademark and copyright infringement case, Scholastic, Inc., J. K. Rowling, and Time Warner Entertainment Company, L.P. v. Nancy Stouffer. The paper then moves on to consider how, within the context of the case, the boundary line dividing "originals" from "copies" grows increasingly indeterminate, so much so that it becomes untenable to speak of either category at all. It thus investigates what happens when the figure of the simulacrum, which troubles bright-line distinctions between originals and copies, enters into the legal realm. Theoretically, the simulacrum would seem to pose a challenge to intellectual property law's jurisprudential foundations, given how it blurs what should count as an "original" or a "derivative" work. This paper shows that while this may be true in principle, powerful multimedia companies like Scholastic, Time Warner, and others can strategically deploy simulacra to shore up their intellectual property rights.