Tag Archives: freedom of expression

Kate Sutherland

New Building, New Books: A New School Year Dawns at Osgoode

The renovations to the Osgoode Hall Law School building were not quite finished in time for the start of the new school year, but close enough for us to move back in and reclaim it. After two years in temporary digs scattered about the York campus, it’s a joy for us all to be together again in one place. And what a place! The overwhelming impression for me is of light and space. Those of you familiar with the brutalist, bricked-in Osgoode of old will appreciate that this is an enormous and welcome change. I snapped a few photos (above) so that you can see for yourself.

Of course it wasn’t just the opportunity to photograph the new Osgoode against a blue sky backdrop that brought me up to school on a sunny Friday afternoon in what for me is a sabbatical year. It was the celebration of the publication of new books by two of my colleagues: Copyright, Communication and Culture: Towards a Relational Theory of Copyright Law by Carys Craig, and a second edition of Intellectual Property Law: Copyrights, Patents, Trade-marks by David Vaver. Both authors spoke eloquently about their books to whet our appetites for reading them.

Carys Craig riffed on the cover image of her book to convey something of its content. It’s a book that squarely takes aim at the dominant conception of copyright as private property. In it, she argues that this conception misrepresents authorship and the process of cultural creation in ways which, when translated into law, lead to the stifling rather than the stimulation of creativity and expression. She proposes instead a relational theory to underpin a copyright law that would better serve our social and cultural values. I haven’t done her presentation justice with that brief description. I tried to take careful notes but soon gave up as pretty much everything she said seemed worth writing down. Of course, this bodes very well for the book! Suffice it to say that it promises to be a most thought-provoking book and I’m very keen to read it.

David Vaver spoke a bit about what’s new in the second edition of his authoritative text. The attention paid to intellectual property by the Supreme Court of Canada in the fifteen years that have elapsed since the first edition was published necessitated significant expansion. But he devoted most of his speaking time to making a case for the importance and relevance of intellectual property law to other fields of law. He was preaching to the converted where I’m concerned (my advanced torts course covers all of the points of intersection between IP and torts that he mentioned), but the case he made was a convincing one by any measure. And he nicely tied the two themes of this post together for me with his opening gambit. We may think that we’re in a building right now, he said, but in fact we’re in a copyrightable architectural work. And what of the renovations? Might the modifications to the Osgoode building violate the moral rights of the original architect? An entertaining and enlightening afternoon all round.

Today’s book launch was just the first of many events to be held at Osgoode this year that are apt to be of interest to devotees of law and the arts. I will report on them here, and offer up a bit of advance notice as well for the benefit of those of you in the Toronto area who may wish to attend. We’d love to have you come visit us in our lovely, newly renovated building!

Kate Sutherland

Roundup of News & Reviews, June 1-12, 2011

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

A group of origami artists is suing Sarah Morris claiming that her series of paintings based on origami crease patterns constitute copyright infringement. The suit was launched in U.S. federal court in April, but it received fresh attention this week with an article in the Guardian and posts on a number of IP and art law blogs (The 1709 Blog, Art and Artifice). The Guardian reports that the plaintiffs allege “Morris copied their origami crease patterns, changed the colour scheme and then sold and exhibited the works without obtaining permission and crediting them,” and that she has thereby “‘created confusion’ over the authorship of their designs and damaged their professional reputations.” Morris is expected to base her defense on fair use. Her lawyer is reported to have told the Art Newspaper: “It’s hard to imagine a clearer use of transformative fair use.” Click here to see excerpts from the complaint including several exhibits that set the plaintiffs’ crease patterns alongside Morris’s paintings (as in the illustration above).

Two years ago, the unveiling of a previously unknown collection of paintings, drawings, letters, and ephemera purported to be the work of Frida Kahlo was met with charges that “all of the documents and works in [the collection] are fakes.” Now, the L.A. Times reports that in a decision rendered last year but only reported last week, “a Mexican court has ruled that opponents have failed to prove their claim that the collection is bogus.” This ruling does not establish the authenticity of the collection, but it paved the way for its owners to “[file] ownership papers or the material […] with Mexico’s Public Registry of Copyrights” and to begin to “[consider] exhibition options.”

A California federal judge has decided in favour of photographer Glen E. Friedman in his copyright suit against Thierry Guetta (“Mr. Brainwash”). Guetta argued that his work based on Friedman’s iconic photo of rap group Run DMC did not constitute infringement because Friedman’s photograph was not sufficiently original to merit copyright protection or, alternatively, that he had altered it sufficiently for his work to be considered fair use. The judge rejected both arguments and granted Friedman’s motion for summary judgment. Some commentators have expressed concern that, hot on the heels of the Richard Prince decision, this outcome is a further blow to appropriation art. (Hollywood Reporter, Media Bistro, LA Weekly)

The New York Times reports that last week a U.S. federal appeals court denied the claim of an innocent buyer of a stolen Pissarro print that she ought not to have to forfeit the work. She purchased it twenty-five years ago from a San Antonio art gallery and did not learn until she tried to sell it through Sotheby’s in 2003 that it had been reported stolen thirty years previously from a museum in Aix-les-Bains, France. The U.S. government promptly “seized the print as contraband.” In the wake of the court’s upholding of that action paired with its determination that the buyer could not recover her legal fees, she ruefully observes that her “$100,000 asset [has] turned into a $100,000 liability.”

In the Observer, Rory Mulholland notes the proliferation of protest art on the walls of the rebel-held cities of Libya. He finds the multitude of caricatures of Muammar Gaddafi, “whose many eccentricities make him a perfect target for satire,” to be “the most striking manifestation of the new-found freedom of expression” in those regions. Click here to see a slide show of some of the images that Mulholland captured on film.

Joan Jett and Cherie Currie have filed suit in a New York court in an attempt to stop the release of a tribute album featuring contemporary cover versions of the songs of their 1970s band The Runaways. In the Hollywood Reporter, Eriq Gardner sums up the basis for the suit as follows: “Typically, when cover songs are recorded, mechanical license royalty rates apply. No permission is required. However, in this unusual situation, Jett and Currie are claiming that the project is a violation of their likenesses, and that the record label is using their famous names to market the album.”

Christophe Maillet, owner of a Doors-themed Paris Bar called The Lezard King, has received a letter from the band’s lawyer threatening legal action if he doesn’t change the name of the bar and remove all images of the band from the premises within the next three months. The letter warns: “”The Doors do not want to be seen as having approved of your establishment and also the consumption of alcohol.” Maillet, a life-long Doors fan who personally collected the memorabilia over the past twenty-five years that constitutes the bar’s decor, “doesn’t know what could happen if the legal action goes ahead” but fears that the “worst-case scenario is that they could close the bar.” (Associated Press)

The family of Nobel Prize-winning poet Pablo Neruda maintains that he died of cancer in 1973 at the age of 69. But following allegations that he was, in fact, poisoned at the behest of General Pinochet, a Chilean judge has ordered an investigation into his death. (BBC, NPR)

As part of its coverage of the Hay festival, the Telegraph has published a wonderful series of articles in which writers pay tribute to their “heroes of free speech.” Click on the following writers’ names to learn about theirs: Javier Cercas, Kishwar Desai, Héctor Abad Faciolince, Helena Kennedy, Youssef Rakha, and Elif Shafak.

Katherine A. Power has high praise for Mary Doria Russell’s historical western, Doc: “This extraordinary novel, whose central figure is John Henry ‘Doc’ Holliday, is both a work of reclamation of the man from his legend as a coldblooded killer and an inspired evocation of a mythic quintessence.” (Salon)

In the Daily Beast, David Goodwillie interviews police detective Edward Conlon about his novel Red on Red. Given Conlon’s line of work and the critical acclaim of his memoir, Blue Blood, it is perhaps unsurprising that his novel is garnering praise for its authentic portrayal of detective work and of police partnerships. “Conlon’s colorful world exists under a gray and pressing sky of authenticity that not even the most research-addicted crime novelists could recreate,” Goodwillie writes. He continues: “At the same time, Red on Red offers Conlon his first opportunity to move past the factual restrictions of non-fiction, and he doesn’t disappoint.” It sounds like it’s well worth a look.

“Where better to set a noir police procedural than in streets awash in uncollected trash, against a backdrop of smoke rising from Vesuvius?” asks Hallie Ephron. She concludes that with These Dark Things, the first installment in a series featuring Captain Natalia Monte of the Naples Carabinieri, Jan Meret Weiss lays claim to that city as decisively as Donna Leon has to Venice. I’ve just finished reading These Dark Things myself and can attest that Natalia Monte is a most intriguing character and that Naples is very vividly evoked⎯a promising start to a new series. (Boston Globe)

Kate Sutherland

Weekly Roundup of News & Reviews, April 11-17, 2011

Photo by Grey Villet, from the documentary film The Loving Story

Below are links to some of the news stories and book reviews related to law and the arts that caught my attention last week, with a smattering of extras from the two weeks prior for which alas, due to the usual end of term madness, I didn’t manage to put together roundups.

In the midst of what has been described in the New Yorker as China’s “most intense crackdown on free expression in years,” well-known artist and outspoken human rights advocate Ai Weiwei was two weeks ago detained by Chinese police as he attempted to board a flight at Beijing airport (Guardian). Government officials claim that Ai’s detention “has nothing to do with human rights or freedom of expression,” that he is, rather, “under investigation on suspicion of economic crimes” (AFP). Few outside of China appear to be convinced. In the Guardian, Jonathan Jones opines: “Ai Weiwei has spoken out eloquently for the universality of human rights and the worldwide hunger for freedom. Even if all the charges China are apparently raising were true, it would not alter anything⎯and given his brutal detention it is reasonable to assume they are false.” Yesterday, an international protest organized by artists and curators was staged demanding Ai’s release. The New York Times reported beforehand that the form of the “planned protest⎯in which participants will bring chairs and sit down outside Chinese government buildings around the world⎯draws on an installation titled ‘Fairytale: 1001 Qing Dynasty Wooden Chairs,’ which Mr. Ai did at Documenta in Kassel, Germany, in 2007.”

The distressing news that the artifacts looted from Egypt’s museums and archeological sites during the recent uprising numbered around one thousand was leavened slightly last week by the odd story of the recovery of some of them. It was reported that four priceless treasures, including a gilded wooden statue of King Tutankhamun, had been returned to the Egyptian Museum in Cairo after being found by an employee of the Ministry of Antiquities in an unattended black bag that he happened upon in a subway station one morning on his way to work. A clip of the government news conference announcing the find can be viewed here courtesy of the Telegraph.

The Loving Story, a documentary film about the famous case of Loving v. Virginia in which the U.S. Supreme Court struck down Virginia’s anti-miscegenation statute as unconstitutional, has garnered a few mentions on legal blogs in anticipation of its showing later this month at the Tribeca Film Festival. Read about the film at Feminist Law Professors, and a bit about the case, its aftermath, and a forthcoming book about it at Concurring Opinions.

The New York Times reports that new guidelines from China’s censors “all but ban TV dramas featuring time travel” on the basis that they “lack positive thoughts and meaning” and may “casually make up myths, have monstrous and weird plots, use absurd tactics, and even promote feudalism, superstition, fatalism and reincarnation.”

James Joyce’s estate, in the person of his grandson Stephen, is notoriously protective of copyright and has often proven hostile to requests for permission to use his work. Indeed, as reported in Discover Magazine, it recently sent a cease and desist letter to two scientists who had inscribed a line from Joyce’s work into the genome of a synthetic microbe. Against this backdrop, many found cause for celebration when singer Kate Bush revealed that “she has been given permission to use Molly Bloom’s famous soliloquy from Ulysses, in a song to be released next month,” twenty-two years after an initial refusal. But, in the New Yorker, D. T. Max cautions against reading too much into this development. “After all,” he notes, Stephen Joyce “permitted the same passage to be used by Amber in the 2001 dance hit ‘Yes.’”

Warner Brothers has lost the latest round in the ongoing litigation over rights and profits between it and the heirs of the creators of Superman. A judge has denied its bid “to pry open secret documents that purportedly show an agreement between the estates of Superman co-creators Joel Shuster and Jerry Siegel not to make further copyright deals with the studio.” Warner Brothers “argued that the agreement itself was a violation of the Copyright Act and couldn’t be insulated from discovery” while the Shuster and Siegel estates maintained that “those documents were protected by attorney-client privilege.” (THR Esq.)

Controversy has surrounded the release of Joseph Lelyveld’s new biography of Mahatma Gandhi, Great Soul. It was first banned in Gujarat, a western state of India, on the basis of advance reviews in British papers which suggested revelations of a homosexual relationship, and proposals of bans in other states quickly followed (Globe & Mail). Some U.S. book groups then got in on the act, canceling appearances by the author (Boston Globe). Lelyveld asserted that the controversial passages have been taken out of context, telling the Times of India that he never alleged that Gandhi had a homosexual relationship and that “the word ‘bisexual’ nowhere appears in the book” (L.A. Times). The The Daily Beast reports that “three prominent descendants of Gandhi in India have publicly spoken out against [a] proposed [national] ban.”

According to Eric A. Posner, in A Thousand Times More Fair, Kenji Yoshino “argues that Shakespeare’s plays contribute to modern debates about law and justice, and he draws crisp lessons from twelve of those plays.” Posner concludes that “the quality of Yoshino’s readings varies considerably.” He praises the author’s capacity to “teas[e] out the meanings of complex passages,” but faults him for too often using Shakespeare’s work as “a bag of anecdotes to illustrate moral platitudes.” (New Republic) Gary Wills’ review is similarly mixed. Though he concedes that “the class on which this book is based is probably great fun,” he criticizes the limitations of Yoshino’s strategy of pairing plays with current events: “The plays are cut to such trite lessons to keep up the game of headline rummaging.” (NYT) Benjamin Ivry is more enthusiastic, finding Yoshino to be “a refreshingly engaging advocate for Shakespeare.” (Star-Ledger)

Crime, the fiction debut of German defense lawyer Ferdinand von Schirach, is described by reviewer Boyd Tonkin as a “bizarre and unsettling collection of 11 stories about crimes and their consequences.” He expands: “Each tale whips along, a shock at every turn, like some beast with eyes of red-hot coal panting down a forest track at night. For, courtroom procedure aside, the spirit of the German-language Märchen really drives this book: eerie tales of the uncanny, as practised by Hoffmann, Kleist, the Grimms and even Kafka.” (Independent)

Jane Jakeman praises An Uncertain Place, the latest Commisssaire Adamsberg mystery by Fred Vargas, as a “wonderfully intricate and Gothic work” that “add[s] to Vargas’s usual parade of satisfyingly weird characters.” In it, Jakeman tells us, the author “lets herself go in a riot of vampiric complexities: her delights in plot and language are dolphin-like, leaping with pleasure at obscure Cyrillic messages, tracing Danubian family history and sanguinary lore.” (Independent)

Margaret Cannon pronounces Michael Connelly’s The Fifth Witness, which features the return of Mickey Haller from The Lincoln Lawyer, “a superb novel” that “is even better than its predecessor.” (Globe & Mail)

In the latest Invisible Ink column, Christopher Fowler reminds us of the charms of Sarah Caudwell’s clever and witty mystery series that features a professor of medieval law as sleuth aided by four barristers who serve “as a kind of ironic, adult Enid Blyton gang to help solve crimes.” He tells us that Caudwell, who was herself a barrister, “used her knowledge of tax and inheritance laws to add realism to the cases,” but that “apart from that they’re quite potty, with members of the team tromping around exotic locations dropping barbed bons mots to their mentor.” People have been recommending these book to me for years, and this might just be the prod I need to finally pick one up. (Independent)

Kate Sutherland

Weekly Roundup of News & Reviews, March 14-20, 2011

It’s too late to be a weekend roundup. But I figure better late than never! Below are links to some of the news stories and book reviews related to law and the arts that caught my attention last week.

A group comprised of more than 130 artists, curators, writers, and others are calling for a boycott of Guggenheim Abu Dhabi following reports by Human Rights Watch that document exploitation of foreign migrant workers in the UAE. The group is “demanding that the Guggenheim Foundation and its Abu Dhabi partner take immediate and meaningful steps to safeguard the rights of the workers constructing the new branch museum on Saadiyat Island.” Walid Raad, an organizer of the boycott, said: “Artists should not be asked to exhibit their work in buildings built on the backs of exploited workers. Those working with bricks and mortar deserve the same kind of respect as those working with cameras and brushes.” For more information, click here. (Clancco, NYT) [UPDATE: The Guggenheim Foundation responds.]

Last Monday, the UK government released a draft bill that would introduce dramatic reforms to the libel law of England and Wales, including a new public interest defense, a requirement that claimants demonstrate substantial harm, measures to combat libel tourism, and removal of the presumption in favour of jury trials (Guardian). The bill was welcomed as a step in the right direction by the Publishers Association and the Society of Authors, among others (The Bookseller). But many commentators, including spokespersons for the Libel Reform Campaign that has been so instrumental in the push for reform, say that the bill does not go far enough (Press Gazette). For informative and thought-provoking analysis and criticism of the proposed bill, see the New Statesman, Inforrm’s Blog, Lex Ferenda, cearta.ie, the Free Speech Blog, and The Trial Warrior Blog.

The student author of a sexually explicit short story, and the editor of the university newspaper that published it, were acquitted last week by a Maltese court of offending public morals. The Times of Malta reports that the presiding Magistrate found that the story was neither obscene nor pornographic “and that the police had failed to explain how public morality, which changed over time, had been breached.” The trial sparked “heated public debate about the limits of expression and the boundaries between literature and pornography.” According to Index on Censorship: “The court’s decision is a boost for all writers and artists in Malta, many of whom are part of the “Front against Censorship” (FaC) — a protest movement campaigning to liberalise Malta’s censorship laws.” (Times of Malta, Index on Censorship)

Recent weeks brought a flurry of legal challenges to library closures in the UK. But now the government has announced a review of the multitude of statutory obligations with which local authorities are required to comply with a view to doing away with “burdensome” ones. And among those under review is the sole legal grounding for the aforementioned challenges, the duty of local authorities to provide “a comprehensive and efficient library service under the 1964 Public Libraries and Museums Act.” Library campaigners are understandably concerned by this development. (Guardian).

A little over a week ago, it was reported that the legal battle between Rick Norsigian and the Ansel Adams Publishing Rights Trust over negatives alleged to be lost Adams’ work had escalated; now comes the news that the dispute has been settled. The precise terms of the settlement are confidential, but the parties indicated in a statement that Norsigian cannot use Ansel Adams name when selling prints from the negatives and that such sales can only continue “subject to a disclaimer approved by the Trust.” The Los Angeles Times reports that Norsigian’s asking price for prints has declined accordingly. (NYT, The Art Law Blog, LA Times)

Scott McLemee has interviewed Susie Linfield about her book The Cruel Radiance: Photography and Political Violence, a finalist in criticism for the National Book Critics Circle awards, in which, he says, it is apparent that she “holds fast to Twain’s optimism about the power of images of suffering to create enormous moral and political effects.” (Inside Higher Ed)

Brian True-May, producer of British crime drama Midsomer Murders, was suspended from his job last week pending an inquiry after he stated in an interview: “We just don’t have ethnic minorities involved. Because it wouldn’t be the English village with them…. We’re the last bastion of Englishness and I want to keep it that way.” Critics of True-May’s comments have pointed out that his vision of an all-white rural England is very much at odds with contemporary reality. The series is already on the cusp of great change with the retirement of John Nettles, who played Inspector Tom Barnaby for 16 years, and the introduction of a new star, Neil Dudgeon, playing Tom’s cousin John Barnaby, also conveniently a police detective. It remains to be seen whether True-May’s comments and the ensuing outcry will provoke greater changes still. (Guardian, BBC, Racialicious)

In The Anatomy of a Moment, novelist Javier Cercas turns to non-fiction to explore the 1982 siege of the Spanish parliament. Anthony Cummins writes of the book, translated from Spanish to English by Anne McLean, that “its rigour and intensity are taxing” but that it is “a brilliant study of political conduct, which is well worth the effort required.” (Telegraph)

Alison Flood describes The Hanging Shed by Gordon Ferris, the first installment in a new mystery series featuring “Douglas Brodie, a policeman turned soldier turned reporter,” as “deft, disturbing and as thoroughly grimy as its 1946 Glasgow setting.” (The Observer)

In a review of Kate Atkinson’s fourth Jackson Brodie novel, Started Early, Took My Dog, Laura Miller writes of the series: “Each one of these books, including this latest, is a delight: an intricate construction that assembles itself before the reader’s eyes, populated by idiosyncratic, multidimensional characters and written with shrewd, mordant grace.” (Salon)

The English translation of Henning Mankell’s latest, and he says his last, Inspector Wallander novel, The Troubled Man, is due out later this month. According to James Urquhart, it provides a worthy conclusion to “the hugely absorbing Wallander casefile.” (Independent)

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 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

Freedom to Read Week



It’s Freedom to Read Week in Canada, an annual event organized by the Freedom of Expression Committee of the Book and Periodical Council, “that encourages Canadians to think about and reaffirm their commitment to intellectual freedom, which is guaranteed them under the Charter of Rights and Freedoms.”

This means thought-provoking displays to peruse and events to attend all across the country.

Here are some of my options in Toronto:

Censoring Manga for Fun and Profit
On Wednesday, February 23rd, at 7:00 pm at the Lillian H. Smith Branch of the Toronto Public Library, Christopher Butcher, manager of famed comic book store The Beguiling, will talk “about the many surprising and unfortunate ways manga are censored in North America, as artistic integrity is sacrificed out of fear and a desire to maximize profit.” On his website, Comics212, Butcher gives a bit more detail: “As for my talk, it’s going to go after particularly heinous examples of censorship, get into some of the reasons behind the changes, and into a larger discussion about censorship and manga in regards to the new laws in Tokyo and with our own beloved Canada Customs. It should be a lively discussion. Oh, and there will be adult images shown, so get parental permission before coming out kids!” For a bit of background on the issues he’ll be addressing, click here to read a recent interview with Butcher in the Toronto Star.

Sexual Outliers: Censorship, Advocacy Journalism and the Gay Press
On Wednesday, February 23rd, at 7:00 pm at the Yorkville Branch of the Toronto Public Library, Pink Triangle Press (PTP), publishers of Xtra and fab, will present a salon discussion “on moral puzzles involving censorship and free expression as covered in the gay press.” The question of how “queer communities [are] struggling to reconcile the fights for freedom of sexual and political expression with their desire to fight homophobic expression” will be explored through “case studies rang[ing] from Queers Against Israeli Apartheid and the Toronto Pride Parade, to murder music, Canada Border Services Agency and queer-themed film.”

Challenging Books: Who Should Decide What Our Children Read?
On Wednesday, February 23rd, at the Gladstone Hotel, this panel discussion will be the centerpiece of the Book and Periodical Council ‘s annual celebration of Freedom to Read Week. The panelists will be: “Patsy Aldana (Award-winning founder and Publisher of Groundwood Books); David Booth (Professor Emeritus in the Curriculum, Teaching and Learning Department in the OISE at the University of Toronto); Eve Freedman (Student and winner of TWUC’s Freedom to Read Award) and Peggy Thomas (Librarian and Library Service Manager at the Toronto Public Library)”. Questions to be addressed include: “Why is it that we continue to see controversial books removed or challenged in our school libraries and classrooms? When is removing a book justified? Where do we draw the line? Can we raise a generation of critical thinkers if we remove controversial publications from the system? Where should children learn about these difficult topics, if not in an educational setting? How can we prepare educators to address these controversial subjects?” Doors open at 6:00 pm, and the festivities begin at 6:30.

What We Talk About When We Talk About Hate
On Friday, February 25th, at 7:00 pm at the Toronto Reference Library Atrium, PEN Canada and the Toronto Public Library will present a panel discussion addressing such questions as: “How should we define hate speech? Who should censor it, and when should the right to free expression be invoked? “ The panel will be moderated by Steve Paikin, Host of TVO’s The Agenda, and will feature these panelists: “Susan G. Cole, author, playwright, broadcaster and senior editor at NOW Magazine; Jonathan Kat, op-ed columnist and comment pages editor for the National Post; Janet Keeping, President of the Sheldon Chumir Foundation for Ethics in Leadership; and, Richard Moon, author and Professor in the Faculty of Law, University of Windsor.” Tickets are $10 at the door and the proceeds will go to PEN Canada.

For a listing of Freedom to Read Week events elsewhere in the country, click here.

Of course, you could also stay home and exercise your freedom to read.

Kate Sutherland

Weekend Roundup of News & Reviews, January 31-February 6, 2011

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

Penguin is reported to be delaying publication of an English translation of Zhang Ling’s award-winning Chinese novel Gold Mountain Blues “until it is satisfied that the author hasn’t been poaching from the works of Canada’s Chinese Canadian literary elite.” Chinese bloggers have alleged plagiarism of the work of such authors as Denise Chong, Wayson Choy, and Sky Lee; Zhang categorically denies the allegations. (Toronto Star)

A class-action suit for consumer fraud has been filed against Jimmy Carter and his publisher Simon & Schuster claiming that his book, Palestine: Peace Not Apartheid, “was falsely marketed as an accurate account of peace negotiations in the Middle East.” The fraud case arising from James Frey’s mostly fabricated memoir, A Million Little Pieces, is cited as a precedent. Simon & Schuster reject any parallel, pronouncing the suit to be “frivolous, without merit,” and “a chilling attack on free speech.” (NYT, The Faculty Lounge)

H.B. Fenn, Canada’s largest book distributor, has filed for bankruptcy protection in “the latest example of what has become ceaseless turmoil in Canada’s most vulnerable cultural industry.” Critics decry government inaction. Kim McArthur, of McArthur & Company Publishing, asks: “Why are they screaming about some Australians wanting to buy a potash company when there’s not a peep about the thing they’re meant to be protecting – Canadian publishers and Canadian authors?” (Globe & Mail)

A study commissioned by NBC Universal finds that music piracy is on the decline. Matt Rosoff draws the conclusion that, not only are people not buying, they “don’t care about music enough” to steal it either. (SFGate)

Artist Jeff Koons has “backed down in an intellectual property dispute over balloon dog-shaped bookends” manufactured by Toronto company Imm-Living and sold by San Francisco gallery Park Life. (NYT)

A U.S. District Court Judge has dismissed “a lawsuit accusing Christie’s auction house of failing to recognize a valuable drawing by Leonardo da Vinci and selling it for a fraction of its true worth.” (Reuters, Clancco)

Producers of The Hurt Locker seek to have a war veteran’s defamation suit against the film dismissed under California’s anti-SLAPP statute as an attempt to stifle free speech. (Reuters)

Kirk Makin reports on “the latest in a series of court rulings” in a family battle over the estate of millionaire John Kaptyn, “written last week by an irate judge who compared the Kaptyns to Charles Dickens’s feuding Jarndyce clan, from the novel Bleak House.” (Globe & Mail)

One of fifteen unpublished Dashiell Hammett stories, only recently unearthed by editor Andrew Gulli in a Texas archive, is to be published in The Strand this month. Apparently not all of the stories are in Hammett’s classic hard-boiled style though, which makes the find all the more exciting to some. “We have discovered that he was a far more versatile writer than he ever gets credit for,” Gulli said. (The Guardian)

A joint investigative report titled Post Mortem: Death Investigation in America highlights the gulf between the reality of forensic investigation, and representations of it in detective novels and on television crime dramas. (NPR, Law & Humanities Blog)

Susannah Meadows has effusive praise for The Death Instinct, Yale law professor Jed Rubenfeld’s “tremendous follow-up to his 2006 novel, The Interpretation of Murder.” (NYT)

David Orr’s perusal of Poetry of the Law: From Chaucer to the Present, a new anthology edited by David Kader and Michael Stanford, prompts a broad-ranging and thought-provoking consideration of law, literature, and interdisciplinarity. (Poetry Magazine)

Nancy F. Koehn pronounces Ben Tarnoff’s Moneymakers: The Wicked Lives and Surprising Adventures of Three Notorious Counterfeiters a “rollicking good read” that “shows how three con men were able to thrive in America’s early days because of a weak central government, an often-chaotic banking system, a turbulent economy and an entrepreneurial populace.” (NYT)

Roger Hutchinson finds John Macleod’s None Dare Oppose: The Laird, the Beast and the People of Lewis to be “an absorbing account of malice and mischief in the 19th-century Hebrides.” (Scotsman)

Emily Temple displays and discusses “a series of cohesive covers for Schocken’s (part of Pantheon) backlist of Kafka books” designed by Peter Mendelsund which “will begin appearing on paperbacks early this summer.” I’ve posted a few of my favourites above. (Flavorwire)