The Brand

Digital Encoding Identifies the Camera Used to Spoil the Worldwide Release of the Final Installment in the Potter Series

July 21, 2007 marked the end of an era in publishing and popular culture with the release of Harry Potter and the Deathly Hallows.  The seventh and final book in the hugely successful series was released just ten days after the big-screen version of the fifth book in the series, Harry Potter and the Order of the Phoenix.  The Potter franchise has been truly unique in the sense that it has been the impetus for unprecedented episodes of infringement and enforcement of intellectual property rights.  This is the latest chapter in that saga.

Prior to the synchronized worldwide release of the much anticipated final installment in the  series, a copy of the book was misappropriated; each page was then meticulously photographed and anonymously posted on-line.  Soon after it was posted, it showed up on numerous file-sharing websites, available for immediate and free download. Due to a little known characteristic of digital photography, the anonymity of the photographer who posted the work may not remain intact for long. Each picture taken with a digital camera contains code which reveals the make, model, and serial number of the camera used.  Within days of the posting, British investigators had identified the camera used to photograph the text of the Potter book as a three year old Canon Rebel 350D; serial number: 560151117. With this information, investigators can identify where and when the camera was purchased, and by whom. From there, warranty and service records can lead them directly to a subsequent owner. 

 
Canon Rebel 350D

The critical information encoded in each digital photograph is known as Exchangeable Image File Format (Exif) Data.  Every image produced by a digital camera contains Exif data, which provides precise details about how the picture was taken.  The specific zoom, contrast, focus, and distance to the subject are recorded in Exif data. This information can enable a court to determine whether or not a picture has been altered from its original form. Exif data is also considered the DNA of the photograph, because it connects the digital image to its source in ways that were previously unknown to most casual users of digital cameras. It is unclear at this time what sorts of charges or liabilities the perpetrator will face if located, and much will depend on the circumstances surrounding the pre-release misappropriation of the particular copy of the book that was photographed.  

The true value of the timed release of the Potter books has been largely based on maintaining pre-release secrecy of each book’s contents.  This secrecy has been effectuated through extensive contracts with all participants in the printing, distribution, and sales networks for the books.  The threat of consequential damages, criminal charges for misappropriation, loss of employment and copyright liability have been largely successful in keeping the books under wraps until their release dates – but not completely successful. Each release has seen its share of opportunists, saboteurs, and a relatively small percentage of honest vendors mistakenly offering the books for sale prior to the appointed time.