Pensieves, Photography and Privacy: Big Brother is Watching

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ABA
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MCGONAGALL v. SKEETER,
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POTTER v. SKEETER
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HOGWARTS ACADEMY V. SKEETER )
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IN RE CONSOLIDATED ACTIONS:
Docket No. 09-CV-0001
PROGRAM OVERVIEW
FACTS:
1.
Rita Skeeter, a journalist and aspiring artist, is an American citizen and resident in
the State of ABA in the United States.
2.
She travels back to England and using the new, state of the art Pensieve Camera
technology, and creates several pictures of Hogwarts School, some of which were made while
she was on the premises, and some from the public street outside the Hogwarts gates. Unknown
to her, the Minister of Magic (whose jurisdiction includes all of England), as a result of the battle
with Voldemort, issued a regulation prohibiting “photography” of certain buildings for security
reasons, unless prior written permission is obtained.
3.
She takes a picture of Potter, who is now married to Ginny Weasley, with his
former girlfriend, Cho Chang. The picture, taken by Skeeter with a long range lens from outside
Hogwarts’ grounds, shows Potter and Chang in close physical contact, but it is ambiguous as to
what they are doing.
4.
She also positions herself outside the Hogwarts entrance and takes a series of
candid portraits of students and faculty, using her telephoto lens, including one of Professor
Minerva McGonagall with an odd expression on her face.
5.
On her return to the United States, Skeeter publishes three pictures in her
newspaper and on her on-line website: (1) the Potter/Cho picture, (2) one of Hogwarts showing a
little-known doorway that leads to the Ministry of Magic and (3) the portrait of Professor
Minerva McGonagall. She also makes large-size artistic prints of each, and sells one limited
edition copy to the ABA State Museum, and another set to a private art collector.
DM1\1588110.1
CONSOLIDATED CASES:
1.
McGonagall sued Skeeter in England and obtains a default judgment based on
claims of defamation, harassment and invasion of privacy, which she seeks to enforce in the
State of ABA.
2.
defamation.
Potter sues Skeeter in the United States for invasion of privacy, false light and
3.
Hogwarts sues Skeeter for injunctive relief in the United States seeking to
compel return of all copies of the image that it contends poses a threat to its security and to
otherwise enjoin distribution of the photograph.
DECISION BELOW:
1.
Trial court enforced English judgment in State of ABA.
2.
Trial court granted judgment in favor of Potter on tort claims.
3.
Trial court granted injunction in favor of Hogwarts restraining image use.
Cases have been consolidated below and for purposes of appeal.
Skeeter shall have 5 minutes per case, with 1 minute rebuttal on each.
Each respondent shall have 15 minutes for response.
2
DM1\1588110.1
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