Tag Archives: plagiarism

Kate Sutherland

New on my Bookshelf: The Ecstasy of Influence: nonfictions, etc. by Jonathan Lethem

The Ecstasy of Influence is a voluminous collection of Jonathan Lethem’s nonfiction, much of it previously published in scattered locations, some of it new. He covers a diverse range of subjects–a quick scan of the table of contents indicates that he touches on comics, postmodernism, used bookshops, Philip K. Dick, The Godfather, Bob Dylan, book tours, Shirley Jackson, Brooklyn, and more. There’s plenty here to interest fans of Lethem’s fiction, and bookish types generally.

But perhaps most likely to capture the attention of those of us interested in law and the arts is the section headed “Plagiarisms” that includes the title piece, an essay about plagiarism in which nearly every sentence is lifted from another writer (originally published in Harper’s Magazine in 2007); a follow-up piece reflecting on the stir that essay created; and other broad mediations on influence, appropriation, originality, and creativity.

For a bit of a preview of Lethem’s views on these and other literary matters, click here to read a recent interview with him conducted by Laura Miller for Salon. And I’m assuming that if you’re sufficiently interested in my bookshelves to read this post, you’ll also enjoy a peek at Lethem’s library. For that, click here to see fabulous photos of writers’ personal libraries, including Lethem’s, from Leah Price’s Unpacking My Library: Writers and Their Books, excerpted today in The New Yorker.

Of course, now I feel compelled to order Price’s book as well…

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

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)