Tag Archives: music

Kate Sutherland

Midday Performance: VCP Show Choir @ Osgoode – November 23, 2011

See below for an invitation to a midday performance by Vanier College Productions’ “VCP Show Choir,” co-sponsored by Law.Arts.Culture @Osgoode and the Osgoode Community Enhancement Forum. VCP, composed of York students, including Osgoode students, will perform a mixture of Broadway showtunes and Top 40 hits from their upcoming concert.

This event is one of several scheduled throughout this school year to highlight the intersection of law, arts, and culture at Osgoode. Click on the following link to download a brochure that outlines the full program of lectures and performances: LawArtsCulture_Brochure.

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 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.

NPR this week reported on the decision of Maine’s new Republican governor to remove a mural from the State Department of Labor. The mural, by Judy Taylor, consists of 11-panels that “depict scenes from Maine’s labor history, including women working as shipbuilders during World War II, textile and woods workers and two strikes – one at a shoe factory in the 1930s, and the other at the International Paper Mill in 1980s.” The Governor asserts that it presents a one-sided view, making some citizens feel unwelcome in state buildings, but union activists regard the removal of the mural as ” a thumb in the eye to Maine’s working people,” particularly as it comes in tandem with the launch of “a contest to rename eight conference rooms that are currently named after icons, activists and historical figures in the Labor Movement, people such as farm worker and civil rights activist Cesar Chavez, and Frances Perkins, a U.S. Secretary of Labor who was the first female cabinet member.” (NPR, NYT, Maine Sunday Telegram, Christian Science Monitor)

The art and art law worlds were abuzz this week over a U.S. District Court ruling in favour of photographer Patrick Cariou in his copyright infringement suit against Richard Prince and the Gagosian Gallery. Cariou filed the suit over Prince’s appropriation of photos from his book Yes, Rasta for use in a series of paintings. Prince admitted to using at least 41 of Cariou’s photos but claimed fair use, arguing that he had transformed them rather than creating derivative images. The judge was not convinced, stating that that “there is vanishingly little, if any, transformative element.” Ultimately, she granted Cariou’s motion for summary judgment. The response of commentators has been mixed. Some consider the judgment a win for originality and hence for art. Others are concerned that it will have grave consequences for appropriation art and for fair use more generally. For more details on the case, and analysis of and commentary on the judgment and the issues that it raises, see A Photo Editor, the NYT, The Art Newspaper, Clancco, Ruling Imagination, and The Art Law Blog.

A preview of a new book by Judith Resnik and Dennis Curtis, Representing Justice: The Creation and Fragility of Courts in Democracies, appears in the Guardian, along with a slide show of images from it. Resnick and Curtis write: “The 220 images of our book map the relationship between courts and democracy and serve as reminders that courts, as the egalitarian institutions we know today, are relatively recent inventions. While venerable, they are at present also vulnerable.”

The big news in the book world this week was a U.S. federal court decision rejecting the proposed Google books settlement. The New York Times reports: “Judge Chin acknowledged that ‘the creation of a universal digital library would benefit many,’ but said that the proposed agreement was ‘not fair, adequate and reasonable.’” He rejected the settlement on the basis of “copyright, antitrust and other concerns,” stating that “it would have granted Google a ‘de facto monopoly’ and the right to profit from books without the permission of copyright owners.” Here again, reactions are mixed. Some consider the decision a victory for authors while others worry about the fate of orphaned works and how any ambitious digital library project might now proceed. The judge left the door open for a revised settlement, but many believe that the sort of revamping of copyright that the settlement sought to achieve ought to be the preserve of democratic debate and legislation rather than negotiation between private parties. (NYT, The Laboratorium, The Bookseller, Guardian, Globe & Mail)

New York’s Court of Appeals this week ruled that it was appropriate for Penguin to bring a copyright infringement suit in New York where its business is located against Oregon nonprofit American Buddha. The court was not persuaded by the argument that the injury should be deemed to have occurred elsewhere since the alleged uploading of the Penguin books had occurred in Oregon and Arizona. The court concluded: “The role of the Internet in cases alleging the uploading of copyrighted books distinguishes them from traditional commercial torts cases where courts have generally linked the injury to the place where sales or customers are lost. The location of the infringement in online cases is of little import inasmuch as the primary aim of the infringer is to make the works available to anyone with access to an Internet connection, including computer users in New York.” (Courthouse News, Bloomberg Businessweek, Law360)

The estate of Adrian Jacobs, author of Willy the Wizard, has been ordered to pay £1.5 million into court as security for costs before its plagiarism case against J.K. Rowling can continue through the UK courts. Justice David Kitchen has set this condition in light of his earlier determination that it is “improbable” that the case will succeed. Rowling has dismissed the claim that Harry Potter and the Goblet of Fire was copied from Jacobs’ book “as ‘not only unfounded but absurd’, and said she had never even seen the book until the claim was launched in 2004.” (Daily Mail, The Bookseller)

The Coca-Cola Case, a documentary film that “chronicles a pair of lawsuits launched against the soft drink giant by the United Steel Workers of America and the International Labour Rights Fund in 2001 and 2006 on behalf of a Colombian union,” has been praised as “a vehicle for a global movement for corporate accountability and union rights.” But Coca-Cola has attempted to stop recent screenings, alleging the film to be defamatory. (The Tyee)

Heirs of Jerry Siegel and Joe Shuster, co-creators of Superman, are returning to court to appeal a limited grant of rights that has left some confusion over who owns aspects of the character’s mythology, the heirs or Warner Brothers. This is only the latest stage in a long-standing legal battle between the parties that has involved a number of lawsuits. (THR, Esq.)

Screenwriter Jake Mandeville-Anthony has filed a copyright infringement suit against Disney/Pixar in U.S. District Court claiming that animated film Cars and its soon-to-be-released sequel are based on characters that he created. (THR, Esq.)

It has been announced that a conference on “Bob Dylan and the Law,” co-sponsored by the Louis Stein Center for Law and Ethics, Touro Law School, and the Fordham Urban Law Journal, is to be held at Fordham Law School on the weekend of April 4-5, 2011. (Law & Humanities Blog)

Adam Kirsch describes Marjorie Garber’s new book The Use and Abuse of Literature as “a leisurely and learned ramble through dozens, if not hundreds, of texts and topics” and finds justification for the seeming randomness of her method in “the way it enacts her central thesis: that literature is not so much a subject as an activity.” Kirsch disagrees with Garber on some fundamental points, but he makes the book sound irresistible to me when he posits an answer to the question implied in Garber’s title: “Paradoxically, she suggests that we abuse literature whenever we try to use it, and we use it properly only when we honor its uselessness. To ask whether a work of literature is ‘good for you’ or ‘bad for you,’ Garber writes in her introduction, is ‘judgmental and moral’; such moral effects ‘are incidental and accidental byproducts of literature, not literary qualities.’” Most intriguing. (Boston Globe)

There’s a marvelous essay by Chilean author Roberto Bolaño (1953-2003) in the NYRB this week about his love of books. It opens with these tantalizing sentences: “The books that I remember best are the ones I stole in Mexico City, between the ages of sixteen and nineteen, and the ones I bought in Chile when I was twenty, during the first few months of the coup.” The essay is a preview of a collection of Bolaño’s non-fiction, translated by Natasha Wimmer, that is due to be published by New Directions at the end of May.

Michael Brodeur interviewed poet Kevin Young in the Boston Globe this week about his latest book, Ardency: A Chronicle of the Amistad Rebels, described as “a sprawling account of the 1839 mutiny aboard the slave ship Amistad and its aftermath, told through a variety of perspectives and source materials, from letters the rebels wrote while in jail, to the imagined response of an interpreter (a former slave himself) who was brought in to question them.”

Karen Campbell writes of So Much Pretty, a debut novel by Cara Hoffman “based on a real case that the author encountered during her stint as a police beat reporter,” that it “effectively frames a compelling murder mystery with provocative, troubling issues, exploring adolescent violence, the victimization of women, revenge, and societal pressure to favor the good of the community over the rights of the individual. “ (Boston Globe)

This month Vintage Crime will reissue three mystery novels that Gore Vidal wrote in the 1950s and published under the pseudonym Edgar Box. In the Boston Globe, Diane White writes of them: “The Box novels are minor works in the career of a writer who would become a versatile and prolific man of letters, but Vidal’s style — witty, literate, mischievous — is unmistakable.” Vidal claimed Agatha Christie as his primary influence for these efforts but, for him, according to White, “mystery takes a back seat to satire.”

The release of Henning Mankell’s latest and final Inspector Wallander novel, The Troubled Man (translated by Laurie Thompson) has garnered much press this week, including interviews with Mankell in the Telegraph and the Guardian, an excerpt from the novel in the Telegraph, and reviews in the Independent, the NYT, and Euro Crime. Finally, there’s an entertaining piece in the Telegraph in which Judith Flanders sets Wallander’s exit in the context of those of other famous fictional detectives such as Sherlock Holmes.

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

The Rights (& Wrongs) of Stravinsky’s Rite of Spring

It has become something of a ritual for me at this time of year, just when I’m most eagerly anticipating the change of seasons, to attend a performance of Igor Stravinsky’s The Rite of Spring, and, most years, the Toronto Symphony Orchestra obliges me by staging one. Last night’s performance, conducted by Vasily Petrenko, was a triumph. Sufficiently blood-stirring to bolster me through however many weeks of winter we have left to endure.

There are a couple of legal stories associated with The Rite of Spring that I recalled only vaguely going in. But the excellent program notes by Don Anderson filled in some of the details. And, diligent law & the arts blogger that I am, I did a bit of research today to ferret out more.

The most interesting tale relates to its debut performance at the Théâtre des Champs-Élysées in Paris on May 29, 1913. Though most often performed as a concert today, The Rite of Spring was conceived and debuted as a ballet, choreographed by Vaslav Nijinsky and performed by the Ballets Russes. The combined effect of Stravinsky’s music and Nijinsky’s choreography was such a shock to the sensibilities of its first audience that it provoked what has been termed the best-known classical music riot in history. (How many contenders might there be for that honour? If you know any other stories that challenge the genteel image of classical music, please share them in the comments!)

Stravinsky wrote of the event: “Mild protests against the music could be heard from the beginning. Then, when the curtain opened on a group of knock-kneed and long-braided Lolitas jumping up and down, the storm broke.” Carl van Vechten, who was in attendance that evening, explained: “A certain part of the audience was thrilled by what it considered to be a blasphemous attempt to destroy music as an art, and swept away with wrath, began to make catcalls and to offer audible suggestions as to how the performance should proceed.” Others chimed in with contrary views. The vociferous debate soon degenerated into fisticuffs in the aisles. The police were summoned but were unable to fully restore order. Some accounts assert that the police shut the performance down at the intermission, others that it continued on chaotically to the end. Subsequent performances were not similarly disrupted. In fact, they were ecstatically received, and ultimately the controversy surrounding the debut served only to further burnish Stravinsky’s rising star.

The Rite of Spring’s second brush with law involved courts rather than police, after it was prominently featured in Walt Disney’s 1940 animated film, Fantasia. At that point, Rite was in the public domain in North America, but it was protected by copyright elsewhere in the world, so Disney negotiated a licensing agreement with Stravinsky for a total of $6,000 to secure foreign distribution rights. Stravinsky was not impressed when he saw a preview of the film. He was unhappy with alterations that had been made to the music and he pronounced the performance of it “execrable.” But he did not seek legal recourse, whether because he believed the agreement he had signed precluded him from doing so or he was simply disinclined to litigate.

It was Boosey & Hawkes, music publishers who had purchased rights to the composition from Stravinsky in 1947, who took Disney to court decades later on the occasion of the release of the film on videocassette, alleging breach of contract and infringement of copyright in at least 18 countries. The litigation began in 1993 and continued for eight years, raising all manner of interesting issues about the jurisdiction of U.S. courts in international copyright matters, the effect of unforeseen technological advancements on licensing agreements, and the assignability of moral rights. Ultimately, however, after multiple court rulings, most but not all in their favour, Boosey & Hawkes settled for three million dollars.

To return focus to the music, here’s a bit of Rite-related viewing, courtesy of YouTube, to take you into the weekend.

Conductor Simon Rattle on Stravinsky and The Rite of Spring:

A recreation of the debut performance from the BBC drama Riot at the Rite:

And, finally, a snippet from the animated version in Disney’s Fantasia that Stravinsky found so objectionable:

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)

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)

Kate Sutherland

Welcome

Welcome to law.arts.culture, a blog devoted to exploration of the intersection of law and the arts. I’m blogging solo for the moment which is apt to tilt the blog in a literary direction given that much of my research and teaching is in the field of law and literature, and that I’m a fiction writer besides. But I’m in the process of recruiting a team of bloggers—Osgoode colleagues, students, and alumni—whose diversity of interests and expertise will soon broaden the focus to include music, film, theatre, visual art, and more. Please visit often, and join in the conversation!