Delhi/Kolkata, Apr 20: In February this year, Mehsabuddin Ahmed, publisher and columnist, found unauthorised translations of Harry Potter and the Philosopher’s Stone in Bengali at the Kolkata Book Fair.
He was shocked. It had taken him two years to convince J K Rowling’s literary agency Christopher Little for the world-wide rights to translate the popular series into Bengali.
Surprised, he contacted Rowling’s literary agents who put him onto her legal counsels in New Delhi—Akash Chittranshi and Associates. The two books that had been prominently displayed at the Kolkata Book Fair: Harry Potter in Kolkatia and Pather O Paras — even had catalogues. This was enough reason for the lawyers to get into action.
The books were traced to two publishers. Sahitya Tirtho, publisher of Harry Potter in Kolkatia, adapted and translated excerpts from Harry Potter and the Philosopher’s Stone. The book also had more than 20 reproductions of pictures that belonged to the Warner Brothers film Harry Potter and the Sorcerer’s Stone.



The second publisher was identified as Nandita Publishers who had brought out an unauthorised translation Harry Potter O’ Parash Pather (Harry Potter and the Philosopher’s Stone).


The books were obviously popular. Nandita Publishers was in fact planning to release the unauthorised Bangla translation of book 2, Harry Potter and the Chamber of Secrets.


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Akash Chittranshi estimates that more than 10,000 copies each had been published by the two companies. On paper however, Nandita Publishers claims it just printed 5,000 copies while Sahitya Tirtha claimed the number was 10,000.


Based in Kolkata, the two publishers received notices on March 17, from Akash Chittranshi and Associates alleging that they were ‘‘violating the copyright, character merchandising and trademark rights of the author J K Rowling and Warner Brothers’’.


But unlike the copyright infringement battle in Russia (for the Tanja Grotter series) this case was settled out of court — neatly avoiding a long, drawn out court battle.


The publishers were asked to stop printing and publishing these books. They were also asked to return all copies of the publication from their distributors, wholesalers and retailers.


In Kolkata, Nandita Publishers refused to talk on the subject. Rabindranth Chandra, the proprietor of the publishing house said: ‘‘The chapter is closed and I won’t say anything on the controversy.’’


Sahitya Tirtho, the publishing house which brought out a Bengali adaptation, Harry Potter in Kolkatia was also served a notice for using the trademark Harry Potter. In fact the notice says that Time Warner Entertainment Company has ‘‘acquired the character merchandising and cinematographic rights’’ for the books as well as the character Harry Potter.


The proprietor of Sahityo Tirtho was more open than Chandra. He said his book was not a Bengali translation of Harry Potter but a compilation of different aspects of Harry Potter with pictures reportedly arranged from Warner Brothers.


‘‘I have no idea how Rowling’s lawyers got news of our publication. But they first wrote to us and it was followed up by a visit,’’ Dutta said.


‘‘Initially, we pleaded that it was not a translation and therefore we could not be charged against copyright violations. But they argued that the very character of Harry Potter had a brand equity and could not be reprinted in any form. Dutta conceded to their argument and promised to withdraw whatever copies were there in the market.