Repost: Why J.K. Rowling Should Walk Away From Harry Potter Forever

[Author’s Note, November 26, 2018] Fantastic Beasts: The Crimes of Grindelwald has been out for a few weeks now and has been cleaning up at the box office. Too bad the reviews are trashing the movie. It got me thinking about this old piece I wrote three years ago when the first Fantastic Beasts movie had been announced. I’m republishing it here for your enjoyment.

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The other day, J.K. Rowling gave an interview with Matt Lauer about her charity Lumos and mentioned she probably wouldn't write another story about Harry and the gang, although she wouldn't foreclose the opportunity altogether. I don't know whether Rowling will ever return to Harry Potter but I do know that she shouldn't. In fact, I think she should relinquish all rights to the Potterverse before she messes it all up.

Okay what? Messes it up? J.K. Rowling is a goddamn international treasure and I should be strung up by the neck for thinking such heretical thoughts, right? Well maybe, but first let me say that I have nothing but admiration for Rowling's skill and artistry. The books and films stand as towering achievements in their respective fields and the world is undoubtedly a better place with Harry Potter than it would be without. And that's exactly the problem.

We revere authors and creators of valuable intellectual property. We assume they know what's best when it comes to their work. And sometimes that's true! George R.R. Martin certainly believes it. The general sentiment is that his voice is the only one worthy of steering the Game of Thrones ship. The same probably would have been said about J.R.R. Tolkien and Sir Arthur Conan Doyle. But as fans, I think we've been burned by too many Special Editions/ Director's Cuts/ sequels/ prequels/ sidequels/ reboots/ and preboots to feel anything but trepidation when a creator remains involved for too long with their own work. I get it. It's your baby, and it's hard to walk away from something that you poured your heart and soul into. But I'm a firm believer in the Death of the Author, and I've stated on this blog several times that when a work takes on a certain level of cultural importance, it transcends the law and becomes the property of society at large, not just the creator. That was the original intention when copyright protections were baked into the Constitution. Remember too that history is replete with authors who aren't the best judges of their own work; George Lucas is a prime example of how far from grace one can fall simply by sticking around for too long. And I want Rowling to avoid that fate.

All evidence indicates that she's not stepping away. She's released several short stories and updates on the lives of the main Potterverse characters and is even writing a trilogy of screenplays for Warner Bros featuring the tertiary Potterverse character Newt Scamander (to be played by Oscar winner Eddie Redmayne) in Fantastic Beasts and Where To Find Them. There is limitless money to be made from the Potterverse, so I think it's just the beginning of a huge tidal wave of stuff with J.K. Rowling at the helm.

Obviously the law allows Rowling to do whatever she wants. Copyright law, particularly in the U.S., isn't equipped to consider the cultural importance of works like Star Wars or Harry Potter. The result is that all art, regardless of quality, is treated the same, which can be a good thing because it prevents systemic discrimination. The downside to that approach is that financial reward becomes the only measure of success. And that just makes it harder to let go. It's easy to convince yourself that you and only you are capable of maintaining the integrity of the work over the long haul. It becomes even easier if there's a lot of money to be made by doing it. The law incentivizes you to stay. And because copyright terms last for so long (life of the author plus 70 years), Rowling's great great grandchildren will be able to profit from her work.  And I think it's a shame to keep something like that so closed-source.

To my eyes, the seams are already showing. Three years ago, Rowling publicly stated that she wished she had killed Ron out of spite and that Hermione really should've ended up with Harry. The fact that she admitted this publicly is problematic enough - it shows a tone-deafness to the effect her words have on the fan-base (which is surprising considering her generosity to her fans). It also suggests that she might not have a full grasp of what makes the story work (i.e. that Harry's arc isn't about romance). 

So what should Rowling do? Well, I can't believe I'm saying this, but I think she should follow in George Lucas' footsteps. During an interview in January for his bizarre animated film Strange Magic, Lucas mentioned that he originally envisioned writing and directing Episode VII himself as the first of a new trilogy of Star Wars films. Ultimately, he decided to spend that time with his family instead, so he cut the cord and sold Lucasfilm to Disney. It was a remarkable bout of self-awareness from a man who has typified anything but for so long. When asked if he was involved with the new film, Lucas said that he knew nothing about the story, had seen no footage, and was looking forward to watching it in a theater... as a fan. When you're the author of something popular, knowing when to walk away is a valuable trait, and even though he took some hard knocks getting there, Lucas finally learned it. 

Rowling should walk away from Harry Potter the same way Lucas walked away from Star Wars. She can retain the copyrights to the main story if she wants, but license or sell everything else to Warner Bros for a whole new universe of books, films, and TV shows (she would make a small fortune either way). She can even stay on as a figurehead or elder stateswoman who gets approval over story and design decisions. After all, who wouldn't want to see a series set at an American wizarding school? Or a Quidditch version of Miracle on Ice? Or a trilogy of films about the adventures of the young Dumbledore brothers? 

This would give Rowling the clarity to focus her busy schedule on her Cormoran Strike series (which is being adapted into a BBC television series... my wife is so excited) not to mention her charity. Lucas and Ridley Scott (Prometheus, yecchh.) are poster boys for what happens when you overstay your welcome. It's never a bad idea to go out while you're still on top. 

When Rowling Met Galbraith: How An English Lawyer Broke The One Unbreakable Rule All Lawyers Must Follow

This past April, a former military police officer named Robert Galbraith released his debut novel, The Cuckoo's Calling to stellar reviews but terrible sales, selling only 1500 copies. As sales floundered, a British lawyer named Chris Gossage confided to his friend Judith Callegari that Galbraith wasn't a real person, but was in fact the pseudonym for J.K. Rowling, the most famous author in the world. Callegari then did what most of us would do when handed such a world-shattering piece of gossip - she blabbed to anyone who would listen, including a reporter. With the cat out of the bag, sales of Cuckoo skyrocketed to #1 on Amazon.

It's not hard to see why Rowling would do this. As wealthy and successful as Harry Potter made her, the pressure to rebel against typecasting must have been overwhelming. Following the release of Deathly Hallows in 2007, she sought to distance herself from the world of magic by writing a novel for an adult audience. The result was The Casual Vacancy, a thriller which sold like gangbusters, but was panned by critics. I imagine she took a great deal of satisfaction knowing that while Cuckoo wasn't popular when everyone thought Galbraith had written it (it's not like she needed the money), it found love from the very people who felt she could never write a book that wasn't aimed at children. She admitted as much on her website, saying that it was nice to be able to publish "without hype or expectation." So while Rowling was displeased with her identity being leaked, she had still proven her point.

Not everything worked out so well for Gossage though, a partner at the firm that represented Rowling. She sued the firm because he breached the inherent confidence present in the attorney-client relationship (which usually applies to the whole firm even if Gossage himself wasn't representing Rowling).  Even worse, he was just slapped with a fine by the Solicitor's Regulation Authority (the organization that oversees attorney ethics in England) for violating a client's trust.

Regardless of which side of the pond you live on, attorney client confidentiality is a pretty big deal. In most cases, by the time a client seeks the aid of a lawyer, a crisis has happened and the client is often in the midst of a deep personal anxiety. Not only are they emotionally fragile, they are dealing with issues that might require the divulging of sensitive information. Anything from sexual abuse, to financial indebtiture, to murder is on the table, and needs to be discussed frankly in an open and safe environment. If the client can't feel comfortable discussing these issues, then the lawyer can't give the best legal counsel he or she has sworn to provide.

That trust is so important that every country with a judicial system has a rule protecting attorney-client confidentiality. In Massachusetts, where I practice, Rule 1.6 of the Rules of Professional Conduct states that:

A lawyer shall not reveal confidential information relating to representation of a client unless the client consents after consultation.

Without the client's express consent, a lawyer can only reveal confidential information in certain limited circumstances:

1. If it would prevent someone from sustaining substantial bodily harm or death,
2. To obtain legal advice about ethics,
3. To defend himself against allegations of legal misconduct, or
4. To comply with another law or court order.

All 50 states have a rule like this. Depending on the severity of the violation, a lawyer can be punished with fines (as Gossage was), disbarment, or even jail time. Most lawyers take client confidentiality very seriously, not just out of fear of punishment by the local examining board, but because it's the right thing to do.

Every American law student knows the tale of Frank Armani and Francis Belge, two American lawyers who represented Robert Garrow, who was accused of murdering Philip Domblewski in 1973 while Domblewski was camping in the Adirondacks with friends. During a consultation with Armani and Belge, Garrow not only admitted to killing Domblewski, he admitted to murdering and raping several other people. Garrow told them where he dumped the bodies, and his story was confirmed when Armani and Belge personally went to those sites to investigate and photograph the remains.

But because Garrow was their client, Armani and Belge couldn't tell the family members of the deceased where the bodies were.  In fact, Armani and Belge kept silent for nearly a year, despite intense public pressure (they finally disclosed what Garrow had told them after Garrow admitted to the murders during trial). Because they had taken an oath to protect their clients' confidences (no matter how reprehensible), Armani and Belge were not able to discuss what Garrow told them without incurring potential legal repercussions.

In the grand scheme of things, the £1000 (about $1600) Gossage was fined amounts to little more than a slap on the wrist. Gossage claims that he himself is a victim of betrayed confidence, believing that Callegari would keep the secret. Regardless of his excuses, Gossage just learned a valuable lesson about talking out of school, especially when the client is as well-known as Rowling. He should count his lucky stars that she's a world-famous billionaire author, and not a psychotic rapist killer like Garrow.