Harry Potter's J.K. Rowling is an Identity Theft Victim
August 1, 2007
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Identity Theft is a serious threat to all: from the rich and famous, to the ordinary citizens. The rich and famous can be subdivided into three categories: Famous, Super Famous, and Icons, with each category implying increased importance respectively (and increased risks). Famous artists (such as Jewel, Dire Straits, B52s) are often victims of Piracy. The Super famous are often victims of Piracy, as well as Impersonations (Michael Jackson, Oprah Winfrey, John McEnroe). Icons, can be victims of Piracy, Impersonations and Identity Theft (Beatles, Elvis Presley, J.K.Rowling). It is true that all three categories are exposed to all three threats, but risks certainly increase with fame.
J.K. Rowling is very familiar with Identity Theft. In many of her novels, her hero, Harry Potter, often falls a victim of Identity Theft, as written and scripted by J.K.Rowling herself; Harry Potter's foes often disguise themselves as another character to fool Harry Potter and his allies. In the latest novel, Harry Potter and the Deathly Hollows, J.K. Rowling presents as many as seven Harry Potters in a single scene during a midair fight (Harry Potter himself, and six disguised as Harry Potter - Identity Thieves).
Although in her novels J.K. Rowling is mostly successful in providing her heroes the tools and know-how to expose Identity Thieves, J.K. Rowling seems powerless to protect herself against Identity Theft. In a recent article published August 1, 2007 by The New York Times, "Chinese Market Awash in Fake Potter Books" (link provided at end of this article), Howard French reports "unauthorized versions" appearing in Chinese stores and websites. In many instances, this is not merely a case of Piracy, but a case of Identity Theft.
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In cases of Piracy, authors are exposed to the crime of "unauthorized copies", often sold in black markets, or in some countries, even in legitimate markets. Authors and artists exposed to Piracy suffer financial damage, due to their inability to collect their royalties. In many cases, revenues from "Pirated" copies exceed revenues from legitimate copies. As Mr. French writes:
"An Boshun, the editor of one of the best-selling works of Chinese fiction in recent years, 'Wolf Totem' (whose author has maintained anonymity), said there were at least 15 million fake copies of that novel in circulation here, compared with 2 million legal ones."
In cases of Identity Theft, authors are exposed to the crime of "unauthorized versions". The distinction here is the word "versions", as opposed to the word "copies" in Piracy. When an author becomes an Icon, such as J.K. Rowling, the public's thirst for the next novel (or sequel) becomes "un"-quenchable. Such massive demand becomes the motivation for Identity Thieves who spend time and effort writing their own version of events and plots, publishing them under the false pretext of being the famed author. According to Mr. French, "A book with the same title (as Harry Potter and the Deathly Hallows) came out a full 10 days before the official worldwide English-language release on July 21 - a wholly unauthorized version that bears nothing in common with the instant best seller written by J.K. Rowling)."
Some Identity Theft criminals see no harm in what they do. Many of them seem to confuse Impersonation with Identity Theft. It is true that there is no harm in proper Impersonations. However, in an Impersonation, there is a full disclosure that what is being presented is an actual Impersonation. Hence, the Impersonator is providing entertainment and value for his "Imitation" talent. Such talent can only be judged if indeed there is proper disclosure. We are all familiar with Elvis Presley Impersonators. Furthermore, Impersonators derive profits from their "act" of being someone else, whereby Identity Theft criminals derive profits for misleading others into believing the criminals "are" someone
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else.
The traditional methods for Identity Theft protection (such as Shredding, adding your name to the National Do Not Call List, adding your name to Pre-Screen Optout List, active Credit Monitoring, Locking Down Access to your Credit Report, getting a Free Annual Copy of your Credit Report), which have become a top priority for everyone, will not help J.K. Rowling, and other Icons, in protecting themselves from "unauthorized versions" Identity Theft.
Although J.K. Rowling may seem powerless to defend her rights, these developments present a unique opportunity for Governments to fight Identity Theft, and even Piracy, in a much more effective manner. Many governments have led an uphill battle fighting against Piracy. The main reason is that many governments, as well as individuals, simply do not believe Piracy is much of a crime.
On the other hand, Identity Theft is recognized by most individuals, and governments, as being a serious crime. Hence, Governments need to reclassify many instances of Piracy as cases of Identity Theft. Such cases include "Unauthorized Versions" Identity Theft. It has been clearly shown in this article how "Unauthorized Versions" can constitute Identity theft. It can also be argued that "Unauthorized Copies" are actually a form of Identity Theft perpetrated against Publishers and Producers. It is true that in a Pirated copy, the artist, writer, or singer, is truly the one whose work appears. On the other hand, the cover material accompanying the Pirated copy (which includes the album's cover art, as well as contents, and name of publisher), is mistakenly claiming the publisher's name. The true publisher never published such pirated work. Hence, the entity producing the pirated copy is committing Identity Theft by pretending to be the true publisher.
J.K. Rowling and other Icons are not powerless after all in fighting "unauthorized versions" Identity theft. This may also finally lead to an effective tactic for fighting Piracy. This gives added urgency for the government to coordinate its effort in fighting Identity Theft with other countries. Email Article |  |
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