Tag Archives: espionage

Kate Sutherland

Roundup of News & Reviews, September 5-11, 2011

Below is a selection of the news stories and book reviews related to law and the arts that caught my attention last week.

A U.S. district court has allowed a lawsuit brought against Hungary and its museums by the heirs of art collector Baron Mor Lipot Herzog to proceed. Herzog’s heirs brought the suit after unsuccessfully petitioning the Hungarian government for the return of art, collectively valued at more than $100 million, “most of which has been hanging in Hungarian museums, where it was left for safekeeping during World War II or placed after being stolen by the Nazis and later returned to Hungary” (NYT). Hungary argued that it was entitled to immunity under the United States Foreign Sovereign Immunities Act, but the court was not convinced. The lawsuit seeks the “the return of more than 40 artworks including paintings, sculptures and other works by El Greco, Lucas Cranach the Elder, Zubarán, van Dyck, Velázquez and Monet,” and “an accounting of all art from the Herzog family in its possession” (NYT). (Sources: New York Times, Clancco, Reuters, Hungary on Trial)

A California court has denied Madonna’s bid to have a trademark case against her over her Material Girl clothing line thrown out. Retailer LA Triumph claims it has been using the name for a clothing line since 1997 and that it owns the trademark. Madonna argues that her use dates back farther to her 1985 hit song. But the court concluded that Madonna’s argument was an insufficient basis for the summary judgment that she sought: “This Court and other courts have recognized that the singing of a song does not create a trademark.” Thus the case will continue on to trial. (Sources: Hollywood Reporter, BBC)

A Paris court has found that television newsreader Patrick Poivre d’Arvor breached the privacy of a former lover through his undisguised portrait of her in a 2009 novel Fragments of a Lost Woman. In addition to many details drawn from her life, the book included virtual word-for-word copies of eleven letters that she had written to him. Poivre d’Arvor argued that the book was a work of fiction based on his “numerous female conquests,” but the court was not persuaded, concluding: “The literary procedures used do not allow the reader to differentiate the characters from reality, such that the work cannot be qualified as fictional.” The court imposed a fine and a ban on reprinting of the novel. (Source: Telegraph)

Matthew Jones, author of the screenplay for Boot Tracks and the novel upon which it was based, is suing the director and producers of the film. He claims that they made unauthorized changes to the script which constitute a breach of an option agreement. His complaint reads in part: “Defendant Jacobson and Rattner promised that the screenplay would not be changed, that they understood the unique artistic integrity of the screenplay and that if changes did have to be made in order to secure financing that plaintiff would be the only one allowed to make said changes, which would be consistent with the authenticity of the novel.” In addition to breach of contract, Jones alleges copyright infringement and fraud. He is seeking damages and an injunction to prevent release of the film. (Source: Courthouse News, Hat tip: @Copycense)

Prompted by the impending release of an eagerly anticipated new film adaptation of John Le Carre’s Tinker, Tailor, Soldier, Spy with Gary Oldman playing the role of George Smiley, Robert McCrum has compiled a list of the best British spy novels. Click here to see his list and assess his choices. Has he left out any must-reads?

In an interview with the Guardian, A.D. Miller discusses his Booker-shortlisted novel Snowdrops which features as its narrator “a lonely, drifting, 30something expat lawyer, living in Moscow during the few-questions-asked oil boom.” Definitely one that I’m keen to read.

German lawyer and author Ferdinand von Schirach has garnered high praise for short stories based on his criminal defense work. But in his latest work of fiction, he has turned to the past, tackling his fraught family history. The soon to be published novel, Der Fall Collini, includes a character based on his grandfather who was leader of the Hitler Youth and ultimately convicted of crimes against humanity at the Nuremberg trials. The Guardian quotes from an interview that von Schirach did with Focus magazine: “If you grow up with a name like mine, by the time you are 15 or 16 at the latest, you have to ask yourself some basic questions and come up with some very basic answers that you can live with. It’s your responsibility.” His grappling with these questions through the medium of fiction will doubtless make for though-provoking reading. I don’t know when an English translation is due to be published, but I will certainly be watching for it.

Reviewer Joanna Hines is pleased to have discovered in Death in August, the first installment in a mystery series by Marco Vichi set in 1960s Florence, a new detective (Inspector Bordelli) “whose company will be an enduring pleasure.” She pronounces the book: “A real find for anyone who likes their crime novels atmospheric, discursive, humorous and thought-provoking.” Sounds very promising. (The Guardian)

Kate Sutherland

Weekend Roundup of News & Reviews, February 21-27, 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.

Last month, Stephen Hillard and Cruel Rune LLC, the author and publisher of Mirkwood, a novel featuring J.R.R. Tolkien as a character, received a letter from the Tolkien estate threatening immediate legal action for violations of intellectual property unless all copies of the book are destroyed. But it is Hillard and Cruel Rune who are now taking preemptive legal action, seeking a declaration from a Texas court that the book, which they describe as “both a work of fiction and a critical analysis of the works of J.R.R. Tolkien,” is protected by the fair use doctrine and the First Amendment. Given the current popularity of works of fiction in which historical figures appear as characters (termed “faction” by one recent commentator), the implications of the case could be far-reaching. (THR, Esq., Courthouse News, Observer)

Fawzia Afzal-Khan has self-published her fictionalized memoir, Lahore With Love: Growing Up With Girlfriends Pakistani Style. It was published by Syracuse University Press last spring, but quickly spiked after the press received threats of legal action from a woman in Pakistan who alleges that one of the characters in the book is a defamatory portrait of her. The National Writers Union and others have criticized SUP for failing to champion the author and her right to freedom of expression, particularly in light of the protection now afforded by the U.S. SPEECH Act against the enforcement of foreign libel judgments. You can read SUP’s statement here, TWU’s statement here, and the author’s account of her experience here. (Inside Higher Ed, TDR, change.org)

The International Publishers Association is concerned about the fate of Shahla Lahiji, founder of Roshangaran, an Iranian press that publishes books on women’s issues, after she is said to have been named on a “blacklist, reportedly circulated by a chapter of Iran’s Basij militia at Khajeh Nasir University, contain[ing] names of Iranian publishers it thinks are displaying ‘evidence of soft overthrow and velvet revolution.’” (The Bookseller)

A UK teacher is waiting to hear from an employment tribunal whether she’s entitled to compensation for her 2009 dismissal. She was fired for gross misconduct over a short novel she wrote that was intended to get students in difficulty interested in reading by including them as characters. Though by all accounts the project succeeded in this aim, the controversy that led to her dismissal erupted when the book, replete with sexual references and swear words, was inadvertently made publicly available through an online self-publishing site. (Guardian)

On behalf of UK library users, a Birmingham-based human-rights law firm is mounting a court challenge to Somerset and Gloucestershire library closures on the basis that proposed cuts violate “the statutory obligation under the 1964 Public Libraries and Museums Act for local authorities to provide a ‘comprehensive and efficient library service for everyone wanting to use it.’” (Guardian)

The family of animator Max Fleischer has been unsuccessful in a bid to claim exclusive ownership of his creation, comic character Betty Boop. The U.S. Ninth Circuit Court of Appeals this week upheld a lower court ruling denying the family’s copyright and trademark claims on the basis that they were unable to prove a valid transfer to them in the intervening decades of the rights that Fleischer sold to Paramount Pictures in the 1940s. Of the trademark claim, Judge J. Clifford Wallace wrote: “If we ruled that Avela’s depictions of Betty Boop infringed Fleischer’s trademarks, the Betty Boop character would essentially never enter the public domain.” (THR Esq., WSJ, Clannco)

Accusations of plagiarism flew around the music world this week, leveled against Lady Gaga, Kanye West, and Britney Spears. Only the claim against Spears appears poised to spark a lawsuit, with the Bellamy Brothers complaining that her new single “Hold It Against Me” is “too close” to their 1979 hit “If I Said You Had A Beautiful Body Would You Hold It Against Me?”, and indicating that they “will without doubt take the appropriate legal action if [their] attorneys agree [they’ve] been ripped off.” (The Daily Beast, Jezebel, Starpulse)

Bunhill Fields cemetery in north London has attained the protected status of a Grade I designation on English Heritage’s register of parks and gardens of special historic interest. “The cemetery, founded in the 1660s as a burial ground for nonconformists, radicals and dissenters, holds the remains of John Bunyan, author of The Pilgrim’s Progress, Daniel Defoe, who wrote Robinson Crusoe, and the poet and artist William Blake, among thousands of others.” To see a slide show of photographs taken there by Graham Turner for the Guardian, click here. The photograph above and to the right is of the monument to Daniel Defoe. (Guardian)

John le Carré has donated his literary archive to Oxford’s Bodleian Library. The archive includes multiple drafts of his novels, and many boxes of correspondence and personal photographs. Le Carré was a student at Oxford, as was his most famous character, fictional Cold War spy George Smiley. “Oxford was Smiley’s spiritual home, as it is mine. And while I have the greatest respect for American universities, the Bodleian is where I shall most happily rest,” said le Carré. The Bodleian plans to make the archive available to researchers online. (Telegraph, Independent)

Kate Taylor profiles Anders Roslund and Borge Hellstrom, “a bestselling Swedish crime-writing duo with the most unlikely background: They met through a mutual interest in the rehabilitation of ex-cons.” The profile suggests that their books exemplify the best qualities of the current wave of Swedish crime fiction with which they are associated in that they simultaneously provide entertainment and social commentary. (Globe & Mail)

Vit Wagner highlights the best of Canadian crime fiction in an article primarily focused on author Ian Hamilton whose debut novel, The Water Rat of Wanchai, the first installment in a Toronto-based mystery series featuring forensic accountant Ava Lee as sleuth, has just been released to rave reviews. (Toronto Star)

James Bartleman talks with Mark Medley about his first novel, As Long as the Rivers Flow, which centres on the residential school experience of the main character and its aftermath. “It’s not, Bartleman says, ‘an indictment of white society,’ but rather a novel showing how a wrong committed against one person can echo for generations.” He hopes “that this book would appeal to marginalized people everywhere.” (National Post)

Kate Sutherland

Weekend Roundup of News & Reviews, February 14-20, 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.

Ablene Cooper has filed a lawsuit against author Kathryn Stockett over her best-selling novel The Help. Cooper, who has spent much of life working as a maid, including twelve years in the employ of Stockett’s brother, claims that one of the characters in the book, a maid named Aibileen Clark, “is an unauthorized appropriation of her name and image, which she finds emotionally distressing.” The complaint details a number of similarities between the complainant and the character. Stockett’s publishers have indicated that they “don’t think there is any basis to the legal claims.” (NYT, Guardian)

The UK government has indicated that it may take control of libraries if local councils “are overzealous in closures,” out of concern that “some communities, particularly rural ones, may end up with no access to library services,” and worry over “the effects of the closures on children and the elderly.” (The Bookseller)

This week Borders, the second-largest bricks-and-mortar bookstore chain in the U.S., filed for Chapter 11 bankruptcy. Publishers are particularly hard hit by this latest blow to the book industry, as much of Borders’ debt is owed to them. (Los Angeles Times)

Just a day later, Australians were shocked by the “collapse of REDgroup, which owns the country’s largest bookshop chain Angus & Robertson, as well as Borders and the Whitcoulls chain of newsagencies in New Zealand.” The Sydney Morning Herald reports that this occurrence is not linked to the fate of the U.S. namesake of Borders Australia, though the bricks-and-mortar book trade on both sides of the Pacific has similarly “suffered from the rise of internet book sales and constrained consumer spending.” The affected chains have been “placed into voluntary administration.” (The Bookseller, Sydney Morning Herald)

David LaChapelle has launched a copyright infringement suit against Rihanna, alleging that the recently released music video for her song “S & M” borrows heavily from the imagery of his photographs. (NYT, Radar Online, Daily Mail)

In another case allegedly involving the use of real names in fiction, a lawyer for CBS was in court in California this week seeking the dismissal of a defamation and invasion of privacy suit brought against the network over an episode of television crime drama CSI. Scott and Melinda Tamkin claim that the episode, featuring a couple named Scott and Melinda Tucker, was penned by the scriptwriter “using their names and likeness at a time when he was angry with them because of a real estate deal gone awry.” A three-justice panel of the 2nd District Court of Appeal will issue its decision within 90 days. (Daily News)

Jayme Gordon, a Boston illustrator, has filed a copyright infringement suit against Dreamworks Animation. He alleges that characters in the hit movie Kung Fu Panda “are substantially similar to illustrations of characters he created and registered with the U.S. Copyright Office in 2000 that are collectively titled Kung Fu Panda Power,” and that “DreamWorks rejected illustrations he sent to them in the 1990s.” (The Unruly of Law)

Irish artist Jim Fitzpatric is seeking to secure copyright to his iconic picture of Che Guevara. He explains that he hadn’t sought royalties earlier despite the proliferation of the image because he’s never cared about money. But now he wants to establish ownership “so he can hand over the rights to the Guevara family and the Cuban people” when the Che Guevara Cultural Centre opens in Havana in September. (The Irish Times)

In accordance with a ruling now made final by the U. S. Department of the Interior, the University of Pennsylvania must return sacred Tlingit artifacts, including “ceremonial hats and helmets” that “were purchased by a curator in the university’s Museum of Archaeology and Anthropology from 1918 to 1925.” (Chronicle of Higher Education)

An exhibition at Rome’s State Archives reveals the truth behind the bad boy image of Renaissance painter Caravaggio. His crimes, detailed in carefully preserved “handwritten police logs, legal and court parchments” from the late 16th and early 17th centuries, ranged from assaulting a waiter with a plate of artichokes, to carrying a sword and a dagger without a permit, to killing a man over a gambling debt. (BBC)

For four decades, Camilo José Vergara has been photographing murals “in the poorest and most segregated communities in America.” Now he has assembled a slide show of some of these images to showcase the unique view of black history that they offer: “Official murals painted on schools, hospitals, government offices, and community organizations often portray a cheerful and optimistic view of racial progress, but murals on the walls of convenience and liquor stores, barbershops, fast food restaurants, churches, and abandoned buildings offer a lively alternative to this bland vision.” The photograph that heads this post was taken by Vergara in Compton, California in 2000. (Slate Magazine)

This week an exhibition of new work by artist James Hart Dyke opens in London. It includes 40 paintings, 25 drawings, and prints that document a year he spent shadowing MI6, the British Secret Intelligence Service. He was invited to do so by then head of the organization, John Scarlett, at the behest of MI6 officers who felt that the paintings he would produce would be a suitable way to document their history “as part of the run-up to the 2010 centenary year.” Praised by Scarlett as “highly evocative of life inside MI6,” Hart Dyke’s exhibition promises to be “an unexpected treat for that section of the British public who are endlessly fascinated by spies and their world.” (Guardian)

Thriller writer Charles Cumming is interviewed by Jake Kerridge about his new novel, The Trinity Six, “a yarn about an academic’s attempts to uncover the identity of a previously unsuspected sixth member of the Cambridge spy ring.” (Telegraph)

Thirteen lost short stories by Daphne Du Maurier, tracked down by Ann Willmore, a Cornish bookseller and longtime Du Maurier fan, are to be published by Virago Press in May. Says Willmore of the stories: “They have a sting in the tale, and are quite sinister. They are different from her novels.” My curiosity is thoroughly piqued. (The Independent)

According to Charles McGrath, Wesley Stace’s Charles Jessold, Considered as a Murderer is at once a murder mystery and a novel about classical music that features both “a convincing fictional composer” and “an entertaining fictional critic.” (NYT)

Brett Alexander Savory pronounces Keith Hollihan’s debut novel, The Four Stages of Cruelty, “powerful” and “mesmerizing.” Set in a maximum security prison, with a female corrections officer as the main character, Savoy tells us, it offers “startling moments of insight into what separates people from monsters⎯not much at all.” (Globe and Mail)

Hallie Ephron praises Kate Taylor’s historical novel A Man in Uniform for offering a fresh take on the Dreyfus affair. In it, lawyer François Dubon finds his orderly life in 1897 Paris turned upside down when he is persuaded to assist Captain Dreyfus after he has been convicted of spying for Germany. Along the way, Dubon “rediscovers the passion for justice that led him to practice law in the first place.” Ephron concludes: “It rewards the patient reader with a rich sense of time and place while offering a fascinating look at a historically based what-if.” (Boston Globe)

In Louise Dean’s “darkly comic” and “bracingly acerbic” novel The Old Romantic, Nick Goodyew, an English divorce lawyer, through the efforts of his put-upon younger brother, reunites with his parents from whom he is estranged, and who are estranged from each other. Sylvia Brownrigg writes of the novel: “Although class markers are a recurrent theme, The Old Romantic is essentially a highly entertaining, vivid evocation of love and marriage in its various forms.” (NYT)

In an omnibus review of new books about print magazines, Steven Heller finds much to like in a pair of books about the publications that provoked and emerged in the wake of the 1954 institution of the Comics Code in the United States. Heller says of The Horror! The Horror! Comic Books the Government Didn’t Want You to Read!: “In addition to offering a generous helping of controversial comics … Trombetta’s book provides insightful history.” And he sums up The Weird World Of Eerie Publications: Comic Gore That Warped Millions of Young Minds! as “a curiously wonderful, weird and eerie tale of magazine history.” (NYT)