Non-US

When you own an artwork, you don’t own the copyright: Danish artist wins injunction against watchmakers planning to cut up painting

7 December 2019

From The IPKat:

On Monday, 2 December 2019, the Danish Maritime and Commercial High Court issued a ruling in a case which explores the fine line between destruction and alteration of existing artwork. The conclusion? Cutting up an existing artwork to repurpose the individual pieces as wristwatch faces constitutes reproduction of the work in an amended form – not destruction followed by the creation of a new, original work.

. . . .

In the case in question, the Danish artist Tal Rosenzweig (better known as “Tal R”) had requested a preliminary injunction against the Danish company, Kanske Denmark ApS (“Kanske”), to prevent it from cutting up the painting “Paris Chic”, created by Tal R, in order to insert the pieces into wristwatches. In addition, Tal R had also separately requested preliminary injunctions against the manufacture, sale and marketing by Kanske of such wristwatches.

In the injunction requests, Tal R claimed primarily that the intended use of his “Paris Chic” painting by the company would constitute an infringement of his copyright to the work, reasoning that it would violate his exclusive rights under section 2(1) of the Danish Copyright Act “to control the work by reproducing it and by making it available to the public, whether in the original or in an amended form […]” as well as his rights under section 3(2) of the Act, according to which “[t]he work must not be altered nor made available to the public in a manner or in a context which is prejudicial to the author’s literary or artistic reputation or individuality”.

Tal R further claimed that by marketing and offering for sale the wristwatches (even though none had actually been made, and the painting was therefore yet unharmed), Kanske had violated section 3(1) of the Danish Marketing Practices Act, according to which “[t]raders shall exercise good marketing practice with reference to consumers, other traders and public interests”, as well as section 22(1) of the Act, which states that “[t]raders must not use business identifiers and similar devices that do not belong to them […]”. Specifically, Tal R claimed that Kanske had made unauthorized use of the “Tal R” brand in its marketing, thereby implying that a commercial partnership existed between Tal R and the company.

. . . .

After acquiring the painting, Kanske had initially announced on its website that it would host an online auction, promising that the winner would be given first choice of which piece of the painting he or she desired for a wristwatch. According to one screen shot submitted by Tal R, the highest bid as of 11 November 2019 was DKK 41,000 (approximately EUR 5,467).

. . . .

According to screen shots submitted by Tal R, the company went on to claim, inter alia, that the purpose of the project was to “arouse emotions”, and that “there can also be strength in the grief that people will feel at losing something. There can be a catharsis in people getting angry at us for doing something that people think is forbidden.

Link to the rest at The IPKat

The Boris Johnson Plagiarism Scandal

4 December 2019

From Plagiarism Today:

The United Kingdom is in the midst of what might be its most important election in a century. With the drama over Brexit swirling, the country is at a crossroads and it’s very likely that the next election will shape the future of the country for decades to come.

However, that election took a back seat on Friday following a terror attack on London Bridge that killed two people and injured three. That attack has now become a talking point of the election itself, with all sides striving to assure voters.

One of the more notable responses was from Prime Minister Boris Johnson, who is also head of the Conservative Party. In a 16-tweet thread, outlined why the alleged attacker was released, putting the blame on the Labour Party, his biggest political opponents.

. . . .

However, shortly after it was published, a pseudonymous blogger, The Secret Barrister, put out his own tweet calling the thread a plagiarism of his blog post, which had been published just hours earlier.

PG Note: Asterisks replace an interesting epithet PG hadn’t heard in this particular form before.

According to The Secret Barrister, Johnson cited the same sources he did, made similar observations and then “stripped out the inconvenient context and adopted a false conclusion.”

He also added:

“I find it fascinating that, having never previously shown any interest in explaining complex areas of law to the public, within hours of my posting of a full explanation of the legal issues involved in this case, the Prime Minister’s Twitter account embarked upon a 16-tweet legal thread…”

This, as with any case of political plagiarism, has led to a sharp divide. In the responses to the thread, many have used The Secret Barrister’s words against Johnson. Others, however, have defended him against the claim.

. . . .

It’s important to fully understand the allegations against Johnson. Even though many have called this a “copy and paste” plagiarism, including The Secret Barrister himself, it is not actually that.

The words between the two are completely different. In fact, there are a lot of differences between the two works, in particular with the conclusions. They are similar works, but they are not identical or even nearly identical.

Instead, the allegations center around a combination of the points that Johnson raises, the order that they are raised in and the source he cites. In particular, The Secret Barrister found it odd that both he and Johnson referenced the same document by the Prison Reform Trust charity.

To that end, it’s easy to see why The Secret Barrister and those that support him see the similarities. The tweet thread and his post are indeed very similar, hitting very similar points and differing only with the conclusions. Though no words are copied, one might say the structure of the posts are very similar.

But does this prove plagiarism? This is where things get thorny.

For The Secret Barrister, the case is open and shut, “The possibility that the PM’s own legal advisers drafted his thread without any regard to my witterings has to be carefully considered. But I just can’t see it.”

He goes on to add:

“The number of people who have (apparently independently) noticed the similarities in substance, even if the language has been changed, leads me to believe I’m not going mad. The most obvious explanation is that Johnson (or likely his special advisers) have taken their info from the blog, stripped out the inconvenient context and used it to present Johnson as a legal sage sharing his wisdom. Or, as I’m told academics would term it, plagiarism.”

But is it that straightforward? For me personally, while I agree that there is a reason to be suspicious and wary, it’s hardly an open and shut case. It may well be plagiarism, but there are some pieces to the puzzle missing as it stands right now.

. . . .

To prove that something is plagiarized, one usually has to answer three questions:

  1. Was the work correctly cited? If it’s correctly cited, it’s not plagiarism.
  2. Can the similarities be explained by common sourcing, including tropes, cliches, etc? If so, it’s not plagiarism, at least not a plagiarism of the work in question.
  3. Can the similarities be explained by coincidence? Coincidences happen. Look at the case of Dennis the Menace. Coincidences aren’t plagiarisms. [PG Note: See below]

The first two aren’t helpful here as there is no citation in either work and there’s no indication that The Secret Barrister pulled his format from another source or from a template of some kind. That leaves only the third issue.

But this is where things fall apart a bit. Coincidence is often very difficult to disprove satisfactorily. With verbatim plagiarism, this is relatively easy. We can show that certain strings are unique to the two works and that the odds of them being created independently are astronomical.

. . . .

The truth is that we don’t know and not only is there not enough evidence to say conclusively this is plagiarism but there likely never will be. Barring a confession by Johnson or additional information about who wrote the tweets and how, we are unlikely to have enough information to be 100% sure one way or another.

But, even if we did, the damage would be somewhat limited. While copying someone’s outline and one of their sources is certainly plagiarism, it’s also not as severe as verbatim copying or more direct paraphrasing.

The Secret Barrister’s original post has over 3,700 words and Johnson’s tweets barely break 700 (though they include images of documents). It’s not verbatim plagiarism and it’s not a paraphrase, it’s a different beast altogether. They are similar documents in structure and source only.

Link to the rest at Plagiarism Today

Here is a bit more about the Dennis the Menace case mentioned above, also from Plagiarism Today:

1951 must have been a very bad year to be named Dennis.

The reason is because on March 12 of that year two separate comics entitled Dennis the Menace went on sale, one in the UK, one in the U.S (Note: The UK version is dated March 15 but actually went on sale on March 12).

The UK comic Dennis, which first appeared in Beano #452, was created by David Law and published by D.C. Thomson as a comic strip inside a popular comedy comic book. It’s U.S. counterpart was created by Hank Ketcham and initially distributed by Post-Hall Syndicate as a syndicated comic strip for newspapers.

Though, based on this simple fact, many draw the conclusion that one of the two creators had to have plagiarized the other, it’s become clear that simply wasn’t the case. Not only did the two creators have no way of knowing what the other was working on, but the two characters are actually extremely different. The UK version is a true menace, a mean-spirited boy who likes to cause trouble, and the U.S. version is happy-go-lucky child that causes trouble without intending to.

The two creators largely agreed to allow each other to work on their respective comics and both are continuing in at least some form today (though the UK version is now known as Dennis and Gnasher, named after Dennis’ dog). Though the U.S. version may be the most popular internationally, the UK version is better known in its native country. No legal action has been taken against either creator.

Still, the coincidence is one of the best-known in the publishing world and was recently highlighted on Cracked. However, it also highlights one of the most difficult aspects of plagiarism detection, trying to separate what is a plagiarism and what is a coincidence. Sometimes, it can be nearly impossible to be certain.

Link to the rest at Plagiarism Today

PG notes that, under US law, plagiarism is not illegal unless it rises to the level of copyright infringement.

From PlagiarismChecker.com:

Plagiarism is using someone else’s work without giving proper credit – a failure to cite adequately.

Copyright infringement is using someone else’s creative work, which can include a song, a video, a movie clip, a piece of visual art, a photograph, and other creative works, without authorization or compensation, if compensation is appropriate.

Schools enforce plagiarism.
The courts enforce copyright infringement.

. . . .

Plagiarism

Plagiarism is using someone else’s work without giving proper credit. Schools deal with plagiarism by giving the cheaters academic consequences. Most teachers will give F grades for plagiarized work, and some will do more. When I was a teaching assistant at Stanford University, some students were suspended for copying answers during a test.

Plagiarism doesn’t have to include copyright infringement. For example, William Shakespeare’s plays are not copyrighted because they’re too old. Even though it would technically be legal to copy from one of those plays for an English assignment, it would still be plagiarism if you didn’t give credit to Shakespeare. Your teacher may not be able to take you to court over it, but she can certainly give you an F. You might even get suspended or expelled from school. Even though copying one sentence from a Web site is legal according to United States copyright laws, that may still count as plagiarism in your teacher’s book.

Copyright Infringement

Copyright infringement is using someone else’s work without getting that person’s permission. The author of any original work, including books, essays, Web pages, songs, pictures, and videos, automatically gets the copyright to that work, even if she doesn’t label it with the copyright symbol and her name. The work must be fixed in tangible form, which means it must be stored on something physical, such as paper, canvas, a CD, or a hard disk. This makes college students copyright owners, since they’ve already written many original works for school.

The owner of a copyright gets to decide who can legally make copies of that work. It is illegal to copy large sections of someone else’s copyrighted work without permission, even if you give the original author credit. Imagine someone making copies of the movie Finding Nemo without asking for permission. He sure won’t get away with it just by giving the authors credit on the DVD cover!

Fortunately, a fair use exemption allows you to legally copy small amounts of someone else’s work. Just make sure to give the author credit so you won’t be guilty of plagiarism!

The courts assign consequences for copyright infringement. This means someone may come after you with a lawyer if you violate his copyright. Your school can report copyright infringement to people who have the legal power to take you to court. Students have been sued for copyright infringement before. In some cases, the court may require you to pay the fees for both your lawyer and the copyright owner’s lawyer.

Link to the rest at PlagiarismChecker.com

Earlier this year, PG created a long post about Fair Use, Derivative Works, Transformative Fair Use which is not a Derivative Work and Infringing Derivative Works. He thought it was interesting, but you may not.

Canada’s Book Club Memberships Have Doubled This Year

26 November 2019

From Publishing Perspectives:

The BookNet Canada statistical research service reports that between 2018 and the first three quarters of 2019, “the percentage of Canadian book buyers who belong to a book club or reading group jumped from 7 to 14 percent.”

As the organization points out, the driver may be assumed by many to be celebrity. BookNet itself has a page of articles from the last two years, each headlined with a “new Oprah?” question—”Is Obama the New Oprah?” and “Is Jenna Bush Hager the New Oprah?” and “Is Reese Witherspoon the New Oprah?” and so on.

But, in fact, the old Oprah may have less to worry about than such giddy excitement might indicate.

“Results from BookNet Canada’s surveying of Canadian book club members,” according to media messaging, “shows that less than half (47 percent) are members of a celebrity book club.

“Among these, Oprah reigns supreme (46 percent), followed by Emma Watson (26 percent), Emma Roberts (20 percent), and Sarah Jessica Parker and Reese Witherspoon tied at 17 percent each.”

. . . .

“Another myth busted by the study,” the BookNet staff writes, “is the stereotype of the in-it-for-the-wine book club.”

In terms of those who responded:

  • 64 percent of book club members reported that they joined their clubs mainly to talk about books
  • 56 percent said their main reason was to be exposed to new books
  • 50 percent cited meeting new friends as a lure
  • 39 percent said they’d like to meet up with existing friends
  • 31 percent said they’d joined a book club because they were interested in taking about life

In the question of how respondents chose their clubs, “The key influencers for members who suggested picks to their clubs were word-of-mouth (52 percent), bookstores (49 percent), and libraries (44 percent),” say the researchers.

Link to the rest at Publishing Perspectives

PG wonders if this is a Canadians-only thing or if something like this is happening elsewhere.

Polish Publishers Launch an Online Bookstore, Inverso

25 November 2019

From Publishing Perspectives:

Two major Polish publishers, Prószyński i S-ka and Czarna Owca, have joined forces to launch a new online bookstore. The store offers print books, ebooks, and audiobooks by the two publishing houses. Prószyński i S-ka and Czarna Owca expect to compete against other online booksellers and attract readers with features that some will see as innovative in the country’s publishing market.

The new retail site, Inverso.pl, will offer live chats with authors available only to the online customers as well as print-on-demand services and an exclusive selection of large-print books.

. . . .

“Such joint initiatives are very important,” Nowelli says, “because of the current shape of the book market.

“We believe that in a time of unprecedented combat for readers online, synergy is what counts.

Nowelli says the launch comes as the publisher is witnessing “a very significant increase” in the ebook segment as well as in audiobook sales.

“Our Big Font service is definitely a unique offer. It’s a project that allows us to maximize the customization process to the needs of our customers. Owing to this service, each of our readers can buy a book the format, leading and font of which are enlarged.”

Link to the rest at Publishing Perspectives

The Secret Society of Women Writers in Oxford in the 1920s

18 November 2019
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From The Literary Hub:

“The group was named by its best-known member, Dorothy L. Sayers, who would go on to be a famous detective novelist and popular theologian. Let’s call ourselves the Mutual Admiration Society, she suggested, because that’s what people will call us anyway. The name both captures the spirit of the group and misrepresents it. They supported each other boldly and emphatically: no false modesty or feminine shame here. They were willing to be relentless and did not insist on being liked, crucial qualities for taking advantage of the real but tenuous space they had to work within. But they were the exact opposite of the simple echo chamber of praise that the name could imply, in its pejorative sense. They were critical, and they were at odds. They fell apart and came together again, over the course of decades and remarkable careers that ranged from birth control advocacy to genre fiction, from classrooms to the stage.”

. . . .

Charis’s closest friend was Dorothy Rowe, or D. Rowe, the joking trickster of the group, who never missed an opportunity for a wisecrack or a limerick that would skewer the foibles and pretensions of those around her. D. Rowe became a beloved English teacher, as well as the founder of a prominent and progressive amateur theater club in Bournemouth.

They were joined by a few others at points along the way: the spiky, cynical Muriel “Jim” Jaeger; the otherworldly Amphilis T. Middlemore; and the quiet, serious Catherine “Tony” Godfrey, in particular.

. . . .

Their words are preserved in libraries scattered across England and the United States, creating a composite archive that is at once deliberate and accidental. Even though they produced copious and vivid letters, stories, poems, and photographs, the members of the MAS resist any attempt by outsiders to know them completely. Jim would stipulate that her personal papers be burned after her death. DLS probably would have destroyed more of her papers if she hadn’t died suddenly and relatively young. The members of the MAS kept each other’s secrets, too. The question of who knew the truth about DLS’s illegitimate son, and when, has always exercised her biographers, but the members of the MAS are like a wall on this subject: the solidarity of their friendship will not be breached.

. . . .

The women of this generation were well placed to take advantage of the victories won by the previous era of feminist activists. Whereas the women of the late 19th century had to fight to gain access to higher education, the members of the MAS enjoyed nearly all that Oxford had to offer, at least in intellectual terms. In their young adulthood, they saw a raft of legislation passed that transformed British women into citizens. Women over thirty, subject to certain property restrictions, would gain the right to vote in 1918; they were granted the vote on equal terms with men in 1928. Women were allowed to stand for Parliament, to sit on juries, and to become lawyers and magistrates. They had increasing access to birth control and well-paid jobs, as well as scope to smoke cigarettes, wear trousers, and socialize in ways that would have scandalized their grandparents.

Link to the rest at The Literary Hub

Excitable Edgar under fire: John Lewis plagiarism claims are now Christmas tradition

18 November 2019
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From The Guardian:

There are two traditions that are rapidly becoming as good markers to the start of the festive season as an advent calendar: John Lewis releasing its Christmas ad and children’s authors accusing the retailer of ripping their books off.

Five years ago, readers spotted similarities between Oliver Jeffers’ Lost and Found, about a boy and a penguin, and John Lewis’s ad about a boy and his penguin. Last year, it was the turn of former children’s laureate Chris Riddell, who noticed similarities between John Lewis’s blue furry monster that hid under the bed, and his own creation, the blue furry Mr Underbed. “The idea of a monster under the bed is by no means new but the ad does seem to bear a close resemblance to my creation – a big blue unthreatening monster who rocks the bed and snores loudly,” said Riddell at the time; Mr Underbed went on to sell out.

This year, more than one children’s writer is feeling aggrieved about John Lewis’s new ad, Excitable Edgar, in which a small dragon keeps spoiling festivities for a village – burning down the tree, melting a snowman – until a girl finds him a job to do (lighting the Christmas pudding). Author Jen Campbell wrote on Twitter: “If you enjoyed this year’s John Lewis Christmas advert, then you’ll love our book Franklin’s Flying Bookshop, all about a dragon called Franklin (who the locals are scared of) & his best friend, a red-haired girl called Luna. Y’know. Just saying.”

Link to the rest at The Guardian

Judi Dench appeals for public help to bring rare Brontë book to UK as auction looms

13 November 2019
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From The Guardian:

Judi Dench, Jacqueline Wilson and Tracy Chevalier are among several names throwing their weight behind the Brontë Parsonage Museum’s bid to keep one of Charlotte Brontë’s tiny manuscripts from being “shut away in a private collection”, with public donations topping £50,000 with just a week to go before the miniature book is auctioned.

Written in 1830 when Brontë was 14, the manuscript measures just 35mm x 61mm and features three hand-written stories, one of which describes a murderer who is driven to madness when he is haunted by his victims. In private ownership since the death of Charlotte in 1855, the last of the famous literary sisters to die, it is one of six tiny booklets produced by the writer at the Parsonage in Haworth. Only five are known to have survived, and the museum owns the remaining four of the “little books”.

Link to the rest at The Guardian and here’s a link to the Brontë Parsonage Museum

PG notes that at the museum’s web page, you can see how very tiny Charlotte’s tiny manuscripts were.

And PG just discovered this close-up of another of Charlotte’s little bitty books were on Wikipedia Commons (for non-metric visitors, 5 centimeters is just under two inches):

English: Juvenalia: Homemade miniature issue of Blackwoods young mens magazine (August 1829) by English novelist and poet Charlotte Brontë (1816-1855). With ruler to show size. Information on this item: “The Genesis of Genius”. MS Lowell 1 (6), Houghton Library, Harvard University

 

Self-publishing is opening up avenues for Tamil writers to shine

13 November 2019
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From The Hindu:

The emergence of platforms like Kindle Direct Publishing has created opportunities for aspiring authors writing in regional languages

Senthil Balan always had a penchant for writing.

A doctor, who practises in Muscat, Balan could neither afford the time nor focus his energies towards gleaning the attention of traditional publishing houses, considering the exacting nature of his profession. So, he logged in to Amazon and self-published his book through the global e-commerce giant’s Kindle Direct Publishing (KDP) platform.

Earlier this year, Balan was picked as one of the winners of KDP’s Pen to Publish contest for his self-published book, Parangi Malai Irayil Nilaiyam (St Thomas Mount Railway Station), part of a series of books based on the character he created, Detective Karthick Aldo. “Five years ago, I wouldn’t have believed if someone told me that an NRI like me could be a published author and reach millions of readers,” says Balan, in a recorded message played at a panel discussion, put together by Amazon KDP.

. . . .

The programme discussed how the evolution of online publishing platforms has opened up lucrative avenues for Tamil language authors. Says Vaishali Aggarwal, head, Amazon KDP — India, “KDP is an easy way to publish and has led to a more diverse set of voices telling their stories to people.”

There has been a considerable increase in demand for these texts. “At least 10 out of 100 trending Kindle e-books are self-published ones. The numbers are higher when it comes to Tamil, and this shows that the reader is open to experimenting,” adds Vaishali.

Writer and filmmaker Cable Sankar, who was one of the panellists, noted that the emergence of avenues similar to KDP has broken the notion that only famous names could publish books in Tamil. “It has also taken away the fear of publishing costs from the author,” he says.

Noted Tamil language author Pa Raghavan concurs with Sankar and adds, “There is a high readership for fiction-based books on KDP. But the demand for fiction books exceeded my expectation. For example, one of my 1200-page novels, which was published by a prominent publishing house, took about eight months to sell 600 paperback copies. When I put it up on Kindle, it sold more than 1,000 copies in less than two months.”

Link to the rest at The Hindu

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