Tag Archives: archaeology

Kate Sutherland

Weekend Roundup of News & Reviews, March 7-13, 2011

Below are links to some of the news stories and book reviews related to law and the arts that caught my attention this week.

Art collector Robert Wylde has filed suit against the Gagosian Gallery in U.S. federal court for selling him a painting, Mark Tansey’s The Innocent Eye Test (reproduced above), that was partially owned by the Metropolitan Museum of Art. Wylde claims that Gagosian neglected to tell him when making the sale in 2009 that the Met, “where the work had once been on display, already owned 31 percent of it and had been promised by its longtime owners that the museum would eventually get the whole thing.” Gagosian has issued a statement asserting that it sold the painting in good faith, not knowing that the seller did not have clear title, and indicating that it will “vigorously defend itself.” (NYT)

The Art Newspaper reports that the legal battle between Rick Norsigian and the Ansel Adams Publishing Rights Trust over negatives alleged to be lost Adams’ work has escalated. The story began a decade ago when Norsigian stumbled upon and purchased the cache of negatives at a garage sale. Norsigian has not had the negatives authenticated via forensic testing, but nevertheless, last year, began offering for sale prints and posters billed as “Ansel Adams’ Lost Negatives.” The Trust, which has the exclusive right to reproduce and distribute Adams’ images and to use his name, sued Norsigian for trademark infringement. Now, Norsigian “has launched a counter-suit, alleging slander, defamation, unfair competition, trade libel, civil conspiracy and wrongful interference with a prospective economic advantage.” In particular, Norsigian takes issue with comments made by the managing director of the Trust on CNN which cast aspersions on Norsigian and his authentication efforts. Further, Norsigian alleges that the Trust has pressured The Center for Creative Photography at the University of Arizona to discredit his claims thereby interfering with his economic activities. The Trust continues to express doubt that the negatives are the work of Ansel Adams, and asserts the necessity of protecting his legacy. (The Art Newspaper)

Performance artist Marina Abramovic has won a copyright infringement suit against filmmaker Pierre Coulibeuf and Regards Productions. The superior court in Paris has ordered the defendants to pay Abramovic €75,000 for infringement of her rights and “for damage [to] the integrity of her work.” Further, the court has ruled Abramovic to be co-author of the contested films. (Clancco, The Art Newspaper)

According to the Guardian, the justices of the UK Supreme Court are this week “busying themselves with a case consisting of the heady combination of Star Wars, stormtroopers’ protective millinery, clay modelling and international copyright enforcement.” The case is the culmination of a longstanding dispute between George Lucas and Andrew Ainsworth, who produced the final 3D version of the helmet worn by stormtroopers in the first Star Wars film, and who subsequently made and sold copies. At issue is “whether or not it is a ‘sculpture’ for the purposes of the Copyright, Designs and Patents Act,” and, further, whether “a claim for infringement of a US copyright [is] justiciable, and indeed enforceable, by an English court.” (Guardian)

Five soldiers have appealed their defamation suit against Mohammed Bakri, director of the documentary film Jenin, Jenin, to the Israeli Supreme Court. They allege that the film portrays them as war criminals. The lower court ruled that the film does defame Israeli soldiers as a group, but that no reasonable person would interpret the defamation as being directed at the plaintiffs, who neither appear nor are mentioned in the film, as individuals. Supporters of Bakri allege political persecution, noting that the former Attorney General has declared his support for the plaintiffs and joined their appeal. (Haaretz)

In an open letter to Prime Minister Essam Sharaf, archaeologists have called for the return of police to Egypt’s archaeological sites. They assert that “following the revolution that toppled President Hosni Mubarak last month, a new unprecedented wave of looting and vandalism took place at various sites,” and urge immediate action to protect Egypt’s heritage. (Discovery News)

Publishers Weekly reports that the U.S. Supreme Court “this week granted a writ of certiorari in a case, Golan v. Holder, that questions the constitutionality of a federal statute that restored copyright protection to thousands of foreign works, including symphonies by Shostakovich and Stravinsky, books by Virginia Woolf, artwork by Picasso, and films by Fellini and Hitchcock.” The statute in question is a 1994 amendment to the Copyright Act designed “to implement intellectual property treaties.” The challenge was mounted by “a group of orchestra conductors, educators, performers, publishers, film archivists and motion picture distributors who have relied on artistic works in the public domain for their livelihoods” and who argue that the amendment infringes their free speech rights. (Publishers Weekly, SCOTUS Blog, Wired)

Manju Kapur’s latest novel Custody is described in the Independent as a book “about the lives, loves and losses of wealthy, urban, middle-class Indians” in 1990s Dehli. But, Kapur says in an interview, it’s also “about child custody and the legal system. You can’t live in India and not be extremely furious about the legal system.” (The Independent)

Michael Eaude writes of Richard Zimler’s, The Warsaw Anagrams, a novel set in 1940-41 and featuring as narrator “a distinguished elderly psychoanalyst [who] has to leave his comfortable flat and move into the Warsaw Ghetto,” that it “is both a fast-moving, very readable mystery novel and a rich, serious book, in which Zimler makes us face the worst and pays tribute to those who died in the Holocaust.” (The Independent)

In a spotlight in the Telegraph, Gerard O’Donovan names his six favourite contemporary Irish crime novels⎯including on his list one of my own favourites, Tana French’s In the Woods⎯, and Val McDermid theorizes the enormous popularity of the genre in Ireland now.

In his classic crime column this week, Barry Turner highlights Gladys Mitchell’s Mrs. Bradley mysteries, and Ngaio Marsh’s Inspector Roderick Alleyn series. I have long been a fan of the former, and am keen to check out the latter. (Daily Mail)

Douglas Star’s The Killer of Little Shepherds “charts the gruesome crimes of a man dubbed ‘the French Ripper’, Joseph Vacher, who murdered, mutilated and sexually assaulted 11 people” in 1890s France and, reviewer Rebecca Armstrong tells us, it is “more than a true-crime blockbuster with a historical edge; it is an account of the dramatic birth of forensic science, and a memorial not to a serial killer but to the pioneering men who caught him.” Armstrong concludes: “Star has created a book with every bit as much tension as a thriller, as much detail as a meticulous police procedural, and a court-room drama that’s up there with the best.” (The Independent)

Kate Sutherland

Weekend Roundup of News & Reviews, February 28-March 6, 2011

Below are links to some of the news stories and book reviews related to law and the arts that caught my attention this week.

In the latest stage of a drawn-out court battle over ownership of manuscripts that Franz Kafka entrusted to his friend Max Brod, an inventory of the long hidden archive has been filed, but it is not yet clear whether it includes unknown work. The battle is between Israel’s National Library, and sisters Eva Hoffe and Ruth Wiesler who acquired the manuscripts from their mother Esther Hoffe, Brod’s longtime secretary to whom much of his estate passed after his death in 1968. For a full background on the case and the many interesting issues it raises, see Elif Batuman’s fascinating and exhaustive account, current up to September, in the New York Times. (Reuters, Haaretz)

According to the International Publishers Association, books that had been banned by the recently ousted regime of Ben Ali are returning to bookstore shelves in Tunisia. And anecdotal reports from Egypt suggest that, similarly, “once suppressed titles [are] appearing for impromptu sale on street corners and newspaper kiosks” there. (Guardian)

Another week brings more legal challenges to proposed library closures in the UK, including one by Campaign for the Book, a pro-library campaign group headed by author Alan Gibbons, which involves a national challenge to the culture secretary’s response to library closures “in the light of his duty under the 1964 Public Libraries Act.” (Guardian)

The Guardian reports that a number of publishing houses, primarily in France, were subjected to early morning raids this week in connection with a European commission investigation into ebook price fixing. The commission released a statement indicating that it “has reason to believe that the companies concerned may have violated EU anti-trust rules that prohibit cartels and other restrictive business practices.” (Guardian)

The owner of now defunct publishing company New Century has been ordered by an Indiana court to pay a substantial sum in fines and restitution to authors whose promised books were never produced. (Indianapolis Star)

After an appeal hearing last week in Missouri, judges of the Eighth Circuit are considering whether or not Warner Brothers’ copyright in the 1939 Wizard of Oz movie was infringed by a t-shirt company’s use of images of the characters. Though the images came from publicity posters, they were in the public domain because they were distributed prior to registration of copyright. The court below nevertheless gave judgment in favour of Warner Brothers on the basis that, beyond the actual images, the t-shirt company was exploiting identifiable and distinctive characteristics of the characters developed in the movie that were entitled to copyright protection such as “Dorothy’s inherent wisdom coupled with her Midwestern farm girl innocence” and “the apparent inconsistencies of Scarecrow, (without a brain vs. wisdom and leader), Tin Man (without a heart vs. compassion and tenderness) and Cowardly Lion, (without courage vs. bravery and chivalrousness).” A major difficulty with this analysis, as pointed out by Dennis Crouch in a recent post on Patently-O, is that “the particular identifiable traits of the characters identified here (apart from the portraying actors) were all derived directly from L. Frank Baum’s 1900 Wonderful Wizard of Oz novel that is now out of copyright.” It will be most interesting to see what the appeal court concludes. (Patently-O, THR, Esq.)

In the culmination of a case that I mentioned a couple of weeks ago, CBS has succeeded in having a defamation suit against it struck out under California’s anti-SLAPP law as an infringement of its free speech rights. The action was brought by a couple who alleged that a pair of unsavoury characters in a CSI episode were a thinly-veiled, highly defamatory portrait of them. The characters on the episode as finally aired had the same first names and occupations as the plaintiffs, but a different though similar last name. But the scriptwriter, who was acquainted with the plaintiffs through an unsuccessful real estate deal, had initially used their full names in the script, and through leaks, their full names had been linked with the characters in online plot synopses. Nevertheless, the appeal court found that the court below had erred in refusing CBS’s anti-SLAPP motion. According to THR, Esq, Justice Nora Manella wrote that “the creative process must be unfettered, and even though Goldfinger [the scriptwriter] didn’t need to use real names as placeholders for guest characters, it would be imprudent to place legal pitfalls that disrupt a writer at work.” (THR, Esq., Metropolitan News-Enterprise)

A court case which many asserted would break new ground in testing the application of defamation law to Twitter in the U.S. is not to be. Hole singer Courtney Love is reported to have settled the suit brought against her by fashion designer Dawn Simorangkir over an allegedly defamatory Twitter rant for $430,000. (THR, Esq., Rolling Stone)

An archaeology professor from Loyola University in Chicago last week plead guilty “to violating the Archaeological Resources Protection Act, admitting to removing 17 artifacts, including arrowheads, from public lands on two field trips to New Mexico.” He has agreed to return the artifacts and to assist the Bureau of Land Management with an investigation into a large-scale scheme to plunder New Mexico archaeological sites. (Chicago Tribune)

Barry Forshaw lauds Leif Persson’s Between Summer’s Longing and Winter’s End, the first book in a trilogy which has as its central focus the 1986 assassination of Swedish Prime Minister Olaf Palme, as “an intricately detailed crime narrative” and also “a powerful state-of-the-nation novel.” He concludes: “Those who feel that crime fiction can tackle truly serious issues should pay attention to Persson’s magnum opus. They may tussle with the 500-odd pages, but they will end up hungry for later volumes of this ambitious trilogy.” (The Independent)

In a New York Times review titled “CSI: Georgian England,” Jason Goodwin offers this tantalizing summary of Imogen Robertson’s first novel, Instruments of Darkness: “It’s a sensitive melodrama, investing almost every character with a dark and sometimes unsavory past, its plot filled with signet rings, wills, adventuresses, concealed letters and dissection, all set against the pleasantly unpleasant background of the Gordon Riots, which prodded a mob of Protestant Londoners into an anti-Catholic frenzy. The climax, as might be expected, involves a chase across the ravaged city to ensure that justice is done to the wronged and that the wrongdoers get their comeuppance.” (NYT)

Mary Horlock’s The Book of Lies begins in 1985 on Guernsey Island, but reaches back to the Channel Islands’ WWII history of German occupation. Christian House praises the novel for dissecting “the legacy of this extraordinary time […] with precision and empathy.” He notes the unconventional means by which the tale is told, and ultimately describes the debut author’s achievement thus: “What is exceptional about this novel is the skilled manner in which Horlock records the domino-topple of such mistakes from one generation to another, a terrible inheritance in which yesterday’s conflicts undermine today’s peace.” I will definitely be snapping up a copy of this one. (The Independent)