Legal Disputes Over The Harry Potter Series - Legal Injunctions

Legal Injunctions

Rowling and her publishers have brought a series of legal injunctions to ensure the books' secrecy before their launch. These injunctions have drawn criticism from civil liberties campaigners over their potentially sweeping powers over individual freedoms.

In 2003, in an attempt to maintain secrecy over the impending release of the fifth Harry Potter book, Harry Potter and the Order of the Phoenix, Rowling and her publishers sought and received a groundbreaking injunction against "the person or persons who has or have physical possession of a copy of the said book or any part thereof without the consent of the Claimants". The ruling obtained, for the first time in British law, an injunction against unnamed or unknown individuals; before then, injunctions could only be obtained against named individuals. Lawyers Winterbothams noted that, "The new Harry Potter style injunction could be used if you expected a demonstration or trespass to take place, but which had not yet begun, so long as you could find a description for the people expected which the Court was satisfied identified 'those who are included and those who are not'". The "Potter injunction" was later used against a camp of Roma travellers. In 2006, pharmaceutical company GlaxoSmithKline employed the injunction against anonymous animal rights campaigners who had sent threatening letters to their investors.

The series garnered more controversy in 2005 with the release of the sixth book, Harry Potter and the Half-Blood Prince, when a Real Canadian Superstore grocery store accidentally sold several copies before the authorised release date. The Canadian publisher, Raincoast Books, obtained an injunction from the Supreme Court of British Columbia prohibiting the purchasers from reading the books in their possession. A comment by a media lawyer that "there is no human right to read" led to a debate in the public sphere about whether free access to information was a human right. Michael Geist, the Canada Research Chair of Internet and E-commerce Law at the University of Ottawa, said in response, "The copyright law claim was particularly puzzling. While copyright law does provide copyright owners with a basket of exclusive rights, the right to prohibit reading is not among them. In fact, copyright law has very little to say about what people can do with a book once they have purchased it." Free-speech activist Richard Stallman posted a statement on his blog calling for a boycott until the publisher issued an apology. Solicitors Fraser Milner and Casgrain, who represented Raincoast and formulated the legal argument for the embargo, have rebutted this, saying that the Canadian Charter of Rights and Freedoms applies only to the government, not to private litigation, and does not offer any protection of the right to read in any case, and the innocent purchasers of the Harry Potter book had no more right to read it than if they had come into possession of someone's secret diary.

In 2007, Scholastic Corporation threatened legal action against two booksellers, Levy Home Entertainment and DeepDiscount.com, for selling copies of the final novel, Harry Potter and the Deathly Hallows, before its release date of 21 July. In an official statement, Scholastic appealed "to the Harry Potter fans who bought their books from DeepDiscount.com and may receive copies early requesting that they keep the packages hidden until midnight on 21 July." Customers who agreed not to read the book received a special Harry Potter t-shirt and a $50 coupon for Scholastic's online store.