November 2007
The Magic goes out for KolKata
A life-size replica of Hogwarts school of witchcraft and wizardry has survived a legal challenge which argued that it was a breach of copyright. The papier mache and bamboo construction was created by a community group in Kolkata, India for use during the Durga Puja festivities. Different groups try to create bigger and better temporary structures than their rivals during the festival and previous efforts have included a model of the Titanic.
Warner Bros and J.K. Rowling, the author of the Harry Potter series from which Hogwarts originates, brought an action in the Delhi high court alleging copyright infringement and demanding that the structure be dismantled. The court gave organisers permission to keep the castle in place until the end of the festival after they successfully argued that the celebrations were in the public interest and not for profit. However, the court did ban the organisers from using any of the Harry Potter characters as had been planned.
The castle is thought to of cost around 1.2 million Indian rupees or $30,000. It includes an imitation marble staircase and flagged stone floor and is complete with a statue of 10 armed goddess Durga stabbing a demon emerging from a Buffalo. Interest in the structure soared since the legal case and led to a surge of visitors during the festival.
Briffa’s comment
The emerging markets of India and China present a massive challenge to owners of intellectual property. Copying and piracy are rife and a rights owner must be diligent about protecting their property.
This decision appears to be based on the court looking to strike a compromise, rather than following the law to the word. If there was no infringement in Hogwarts then why would representing the characters be restricted? The courts would most likely order a similar replica model in the UK to be taken down.
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