Tag Archives: libraries

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, 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)

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)