【Research Center for the Legal System of Intellectual Property】

Activities

Harry Potter and the DDS Hallows

RA Akiko Ogawa

It was reported that J. K. Rowling, the author of the Harry Potter books, had completed an extra of the Harry Potter series titled "The Tales of Beedle the Bard". Rowling handwrote everything and only seven copies of the book will be printed. Reportedly, six out of seven have been given as gifts to people close to her and the other will be auctioned at Sotheby's. The money raised will be donated to The Children's Voice, a charity for children which she founded as a co-founder.

The book which has only seven copies in this world haｓ possibilities to give enormous money to the author if Article 14ter of the Berne Convention is extended in the world. The Article 14ter is the clause of "Droit de suite" or "Resale Royalty Right". That means that the artists should receive a part of resale payment each time one of their original works of arts is resold. Generally, the right can be neither transferred nor abandoned. Since the ratification was decided by EU member states, the number of states which have the legislation of the right has been dramatically increasing and now reaching more than 54 states in the world.

The Berne Convention asked the member states to ratify the Convention on a voluntary basis. However the scope of protection includes not only works of arts but also manuscripts of literature or music. The extra book by Rowling was all hand-written and only seven copies were printed. So probably, it seems to fall under the original manuscript.

Originally, the Droit de Suite was born aiming to redress an imbalance between the authors of literature or music and the authors of arts. The authors of literature or music can be rewarded by making copies of their works. In contrast, the authors of arts can only make a profit by selling their original works of arts. There is a discussion as to whether a manuscript of literary work should be protected. Also, in fact, there is a discussion as to whether a protection for the authors who have already gained huge profit would be necessary or not.

In the world, there exist some states which protect manuscripts according to the rules of the Berne Convention. After years or decades, if one of seven copies might be resold in such a state, it might be possible that part of the profit will return to the hand of the author, J.K. Rowling.

By the way, the last book of the Harry Potter series, except the extra, is "Harry Potter and the Deathly Hallows". These limited seven copies might become "Harry Potter's DDS(droit de suite) Hallows" some day in the future.

The auction for the extra book will be conducted on December 13th in London.