The Debriefer: Recent Episodes

Litopia

The Debriefer is a real-life legal drama focusing on issues in the news and - particularly - on issues that affect writers. Covering topics such as copyright, libel and censorship, but also piracy, contracts and plagiarism. The Debriefer covers them all, and then some. Presented by award-winning lawyer Donna Ballman and leading literary agent Peter Cox.

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Our usual eclectic round-up of news and back-fence talk from the gossipy worlds of publishing and the law, hosted by Donna in Florida and Peter in London. 

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Our usual eclectic round-up of news and back-fence talk from the gossipy worlds of publishing and the law, hosted by Donna in Florida and Peter in London.  This is the audio-only version of Litopia's show that's broadcast live, in living colo[u]r on our Facebook page.  Listen to the audio here, or watch the video there:

https://www.facebook.com/RealLitopia

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and insight from the sharp end of the media world, brought to you by Donna in Florida and Peter in London.

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It’s not just Microsoft’s teen chatbot that’s got a potty mouth... no less an august publication than the Oxford English Dictionary has gone all street, too. Plus... To boldly go where no copyright suit has gone before... The Last Unicorn author locks legal horns with his manager... Fox sued over ‘Empire’... and Trump sued author "to make his life miserable". The latest news, gossip and comment from the sharp end of the publishing world, brought to you by Donna in Florida and Peter in London.

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The latest news, gossip and comment from the sharp end of the publishing world, brought to you by Donna in Florida and Peter in London.

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All the latest news and gossip from the legal end of the publishing world, brought to you by Donna and Peter.

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All the latest news and gossip from the legal end of the publishing world, brought to you by Donna and Peter.

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All the latest news and gossip from the legal end of the publishing world, brought to you by Donna and Peter.

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All the latest news and gossip from the legal end of the publishing world, brought to you by Donna and Peter.

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The BBC – the world’s oldest and biggest public service broadcaster – appears to have a serious ethics problem. That’s the devastating conclusion from this edition of The DEBRIEFER. How else could you explain the plight of bestselling author and screenwriter M.R. Hall, whose THE CORONER series of books bears a striking similarity to the BBC’s a new television series entitled – somewhat unimaginatively – THE CORONER.

Listeners to THE DEBRIEFER will be familiar with horrific accounts of rapacious Hollywood studios “borrowing” ideas from defenceless authors. The twist, this time, is that the allegations concern a public service broadcaster… not a commercial entity, but an organisation that is supposed to serve the public good. Service, not profit, is the motivator… or is supposed to be.

Troublingly, this case is not unique. One of our guests on Litopia After Dark, former British ambassador Craig Murray, believes his autobiography Murder in Samarkand was plagiarized for the BBC comedy The Ambassador. “The production company had actually invited me to their offices”, says Craig, “for a meeting to ask me to sell them the rights to Murder in Samarkand. I attended the meeting but I refused to sell them the rights. They went ahead and made the series anyway.”

This isn’t fair, it’s not cricket, and it isn’t in the spirit of public service broadcasting. Come on, BBC – show some leadership and get your house in order – while you still have a chance.

We're happy to plug The Coroner... even if the BBC doesn't!


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Lawks a-mercy! Whatever would we do without Florida?

  • Florida principal tries to quietly ban book to appease Christians -- sets off sh*tstorm instead
  • The ‘Real’ Cookie Lyons Sues ‘Empire’ For $300 Million, Claiming Fox Series Is Based on Her Life
  • Why do introverted writers have to schmooze?
  • Alleged serial killer threatens to sue TV judge over book

Follow ups:

  • Millions for murder? Charlie Hebdo has an interesting problem
  • Yahoo employee admits leak to author, settles suit

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Some new research, anecdotal but telling, suggests that female writers have a much tougher time getting their book proposals into agents’ hands than male authors do. What’s the truth behind this? Plus all the latest news from the crazy/weird nexus where publishing meets the law…

  • Homme de Plume: What I Learned Sending My Novel Out Under a Male Name
  • Hamilton Ends Deal with SMP Claiming Lack of Support
  • Florida Parents Try to Ban Books With Characters That Pray to Non-Christian God
  • Freelancers of the World, Unite!
  • A Publishing Contract Should Not Be Forever - The Authors Guild
  • Georgia sues Carl Malamud group, calls publishing state's annotated code of laws online unlawful
  • Online shopping startup ready to rival Amazon

Follow ups:

  • Judge Finds Hill's Book Infringed on TD Bank Copyright
  • $60M Settlement Between NCAA and College Athletes
  • Happy Birthday Copyright Bombshell: New Evidence Previously Hid Shows Song Is Public Domain

Photo: Ianqui Doodle


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Links to stories mentioned in this show...

  • A Gronking To Remember Suit Gets Strange While Amazon Argues Liability Would Chill Speech And Art
  • Mom’s Story Of Raising ‘Princess Boy’ Facing Library Censorship - Gay Star News
  • Florida Man, Accused Of Terrorism Based On Book Collection, Set Free - The Intercept
  • Brussels Tries To Ban Selfies At Tourist Landmarks; Need Permission To Photograph Eiffel Tower?
  • Europe Is Not Banning Tourist Photos Of The London Eye, Says Eu Blog

Follow-ups:

  • Appeals Court Upholds Verdict Against Apple
  • Best-Selling Maine Author Tess Gerritsen Drops Lawsuit Over 'Gravity' - The Portland Press Herald
  • Court Revives Ann Rule’s Suit Against Rick Swart
  • 9th Circuit: Actress’s Work May Have Been Hijacked, But It Wasn’t Infringed

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Links mentioned in the show:

  • After 800 years, Britain finally asks: Do we need a written constitution?
  • Amazon is going to start paying authors according to how many pages people read
  • Authors Guild Announces 'Fair Contract' Initiative
  • Simply Read Books Faces Complaints of Late Payments, Breached Contracts
  • SCOTUS rules in favor of man convicted of posting threatening messages on Facebook

Follow ups:

  • Sirius Beats Fla. Case Over Pre-1972 Songs
  • Brian Williams to Stay at NBC, but Not as News Anchor
  • 'Gravity' Author Tess Gerritsen Says Latest Court Ruling 'Could Be Devastating to All Writers'
  • Northwestern to settle suit involving book on Leopold and Loeb murder trial
  • Apple Loses Bid to Oust Monitor

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  • Random House told it should pay to quote Joseph Goebbels in biography
  • Hugo award nominees withdraw amid 'Puppygate' storm
  • Charlie Hebdo Honor Sparks Controversy
  • Amazon sued over Gronking book cover photo
  • Screenwriter SLAPPs Down Libel-in-Fiction Claim
  • 'Huge inequality' in writer earnings
  • Journalists face increasing dangers
  • Courtney Love Is Sued by Co-Writer of Her Memoir

Follow ups:

  • Disney Beats 'Pirates of the Caribbean' Copyright Lawsuit

Photo of Gronk by Megan Asbeck

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  • New Class Action Suit Filed Against Penguin Random House
  • Author Solutions’ Deceptive Practices
  • Florida gone wild: Columnist Daniel Tilson gets harassed by police for using Beatles lyric
  • In Florida, officials ban term 'climate change'
  • Marvin Gaye's heirs win $7.4 million for 'Blurred Lines' plagiarism
  • “Blurred Lines”: Society’s Mixed Signals on Copying and Intellectual Property Rights
  • 'Blurred Lines' verdict could alter music industry
  • Oprah Winfrey Wins Tough Trademark Fight Over “Own Your Power”
  • New App Will Filter Obscenities Out Of Your Books -- And It's A Big Freaking Deal
  • Purdue involved in lawsuit over textbook deal with Amazon
  • Ala. agency closes abuse complaint regarding Harper Lee

Photo by Jeremy Kunz

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Another terrific Debriefer, full of insider poop from the pub biz and informed speculation about everything else!

  • Harper Lee to Publish Sophomore Novel
  • Taylor Swift Owns 1989
  • 'American Idol' Winner Files Bold Legal Claim to Escape 'Oppressive' Contracts
  • South Florida Man Seeks Trademark on Slogan 'Je Suis Charlie'
  • Sold-out Charlie Hebdo issue coming to Barnes and Noble
  • My GRAVITY lawsuit and how it affects every writer who sells to Hollywood - Tess Gerritsen
  • Warner Bros. Knocks Down Best-Selling Author Tess Gerritsen's $10 Million Lawsuit Over 'Gravity'
  • Hotfile Agrees to Settle Piracy Lawsuit With Major Book Publishers

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  • Egmont USA to Close After Sale Attempt Falls Through
  • Christian publisher pulls heaven book after boy retracts story
  • Human rights lawyer in Tajikistan jailed for nine years
  • Racial Discrimination Act would outlaw Charlie Hebdo cartoons, say critics
  • City of Paris to sue Fox News over on-air comments
  • West Virginia Delegates consider adding journalists to list of protected workers
  • David Petraeus: From military rock star to possible prosecution regarding biography
  • Follow ups:
  • Court Filing Ends AG v. HathiTrust Copyright Litigation
  • Legal Fight Ends for James Risen of the New York Times

Photo by Hector Alejandro

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World leaders march arm-in-arm in Paris in support of free speech. Meanwhile, back at home, our freedoms are eroded almost daily.

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety” predicted Ben Franklin, who knew a thing or two about the political mind’s unquenchable thirst for power and control.

In Britain, the government is introducing a law compelling nursery staff and childminders to report toddlers they suspect of being terrorists. No, your eyes didn’t decide you – and no, we didn’t just make that up.

Toddlers.

Terrorists.

Is there no end to this madness?

On the first Debriefer of the new year, we look at the state of the Enlightenment, circa 2015.

  • Authors, Literary Orgs Respond to 'Hebdo' Attack in Paris
  • Planned, cold-blooded killings mark French newspaper attack
  • Paris shooting: Cartoonists, economist among the dead in terror attack
  • Crowds in London Stand with Charlie Hebdo After Horrific Attack
  • U.S. determines North Korea behind Sony attack as studio pulls movie
  • New York premiere of 'The Interview' cancelled
  • Steve Carell’s North Korea Movie Dropped: New Regency Ditches Project
  • George R. R. Martin on The Interview - Game of Thrones Author Offers to Screen at his Cinema
  • 'The Interview' streams to YouTube, Google Play, Xbox, Sony site
  • Sony’s ‘The Interview’ Will Come to Some Theaters After All
  • Possible copyright suit could create a smaller headache for The Interview
  • Atlanta’s fire chief fired following controversy over his religious book
  • Authors Guild Announces Support for Copyright and Marriage Equality Bill
  • Court Filing Ends AG v. HathiTrust Copyright Litigation
  • Ventura sues HarperCollins over 'American Sniper'

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Nick Dunne reports that his wife, Amazing Amy, is missing... no, sorry – that’s the wrong storyline.  Or is it?  Maybe the zeitgeist is right for the rise of the female sociopath? Listen and decide!

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“The... case is thick with irony” says the NYT of today’s featured legal folly– “one company is accusing another of stealing its platform for ethical behavior.”

Also - should children be protected from their parents’ childhood trauma? The British courts say – yes. Philip Larkin, in his memorable poem This Be The Verse, would presumably have demurred. Incidentally, Peter got it wrong when he said that Larkin was sometime British poet laureate – he never was.

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Why is it wrong to kill a dead person in your fiction? Why should British judges decide if your writing is funny – or not? Why should the police approve your tweets before you post them? Donna and Peter explore these and even more reality-bending topics in this edition of The Debriefer.

Links to other stories featured in this episode...

  • “Extremists” to have Facebook and Twitter vetted by police
  • Author claims Disney’s "Frozen" copied her life story
  • 'Mash-ups' now protected under copyright law - but only if funny
  • What Bill Simmons’ suspension says about the changing world of journalism
  • Ellora’s Cave Files Libel Suit Against Dear Author Blog
  • Changing Hands Book Store, others sue over Arizona 'revenge porn' law
  • Hilary Mantel 'should be investigated by police' over Thatcher assassination story, says Lord
  • Jay Z fights lawsuit over use of oh in 'Run This Town'
  • Playwickian adviser, student editor suspended for defying administrative orders with Redskins ban
  • Occupy Wall Street Activists File Suit Over Control of Twitter Account

Photo by Walt Jabsco

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He gets $425,000 for a gig – that’s a whole lot of cheese – and Joel Thomas Zimmerman, better known as Deadmau5, is about to have the adventure of his life. The Walt Disney Company have finally woken up to the fact that Mr. Zimmerman’s rodentiatic trade mark bears some resemblance to their very own crown jewels… and they’re not happy. Cue m’learned friends. Someone’s getting pwn3d.

Links to stories mentioned:

  • EU Court: No Parody For You!
  • European court rules that libraries can digitize books
  • Deadmau5 fights Disney in mouse ear logo legal dispute
  • Fan Arrested As Terrorist For Posting Lyrics Speaks Out
  • Author Says Christian Novel Plagiarized, Sex Added
  • World Fantasy awards pressed to drop HP Lovecraft trophy in racism row
  • Barnes and Noble Suspends the Ability to Download Nook eBooks
  • James Cameron Wins Another ‘Avatar’ Lawsuit
  • Authors United Preparing New Amazon Initiative

Photo by Drew Ressler

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Donna and Peter are joined in the studio by special guest Ian Winn, who can (ab)normally be found hosting our sister show here on Litopia, Litopia After Dark.

Links to stories mentioned:

  • How Amazon got a patent on white-background photography
  • Why Photographers Shouldn't Be Too Upset Over Amazon's White-Background Patent (Peter disagrees with this!)
  • Victoria's Secret Loses PINK Brand Battle
  • B&N Testing Espresso Book Machines
  • Bert The Farting Hippo!
  • FBI Agent Files Defamation Suit Against Ebony
  • Philly Newspaper Editor Fired For Asian Slurs
  • Why Female Writers Get Trolled The Most
  • Florida Judge Rules That Facebook Likes Aren't Owned By Page Creators
  • Judge Tosses Copyright Suit Filed By Makers Of ‘Deep Throat’ Against ‘Lovelace’ Biopic

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From litigious street-artists to litigious Angolan generals... Donna and Peter proudly present your suits du jour! Now with added dystopian designer stubble.

Links to stories:

  • Amazon Sanctions Customers To Get Back At Hachette
  • Amazon Takes on Disney’s Superheroes
  • Blood Diamonds author faces $1.2m lawsuit
  • Guild battling bosses over byline quota at Pioneer Press
  • Editors For ‘Survivor’ Return From Strike Over Right To Form Union
  • Terry Gilliam’s ‘Zero Theorem’ Slammed With Copyright Suit
  • Premier League warns fans not to tweet goal videos
  • Judge Orders Mediation in Latest E-book Price-Fixing Suit
  • 1st Circ. Asked For Sanctions In Facebook Author Suit

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So you’re minding your own business in the jungle one day, when suddenly - this monkey lurches out and grabs your camera. And shoots some selfies. So the question is – who owns the copyright?

No, this isn’t the silly season (although it may sound like it). Join us to explore a fascinating legal issue.

Links to other stories featured in this show:

  • Wikipedia In Weird Monkey Selfie Battle
  • Northestern Uni files suit against author for copyright infringement
  • Senator Quits Montana Race After Charge Of Plagiarism
  • Tennis Writer Suspended for Plagiarism Allegation
  • Mob Kills Woman And 2 Girls Over 'Blasphemous' Facebook Post
  • John Green books come under parental fire again
  • Jesse Ventura wins $1.8 million in "American Sniper" defamation case
  • Amazon Makes Plea to Authors to Quiet Down
  • How Would Hachette Frame An Antitrust Suit Against Amazon?

Photo by William Brawley

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Is the world getting weirder, or is it just us? Listen and decide. Links to stories mentioned in this show:

  • Harper Lee says Marja Mills-penned bio was unauthorized
  • Judge Says Selling Religious Books Doesn’t Affect The Job
  • Jose Antonio Vargas detained in Texas
  • Do you have a fair use right to publish World Cup goals?
  • Scarlett Johansson Wins Defamation Suit Against French Author
  • Allan Ahlberg turns down Amazon-sponsored award
  • Author Wins Seinfeld Defamation Suit Brought by Real Life Kramer

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Edinburgh resident JK Rowling gives a million quid to campaign against Scottish independence from Britain. And is promptly labeled a specky bastard, a ginga and a squeaky wee bitch. Way to go, ScotsNats!

In this episode, we cover some of the issues behind the forthcoming referendum on Scottish independence (not currently on the news agenda Stateside – you heard it here first). Also discussing these stories:

  • Latter-day Saints claims IP rights to “Mormon” name
  • “Amazon of Middle East” is launching “banned books” section to confound censors, good luck with that
  • Author claims Chobani yogurt stole his ideas for ad campaign – How?!?
  • Fifty Shades of Grey’s Australian publisher accused of scamming business partners

Follow ups:

  • $18 Million Settlement of Freelance Suit Against Electronic Databases Granted Final Approval
  • Narrow Fair Use Ruling Permits Limited Library Uses, Shoots Down Replacement
  • NCAA To Pay $20M To Exit Student-Athlete Publicity Suit
  • Judge Ends Lawsuit by ‘Mockingbird’ Author Lee

Our next Debriefer will be recorded on July 18th, we’re on a summer schedule now!

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The growing media furor occasioned by the dismissal of former New York Times executive editor Jill Abramson finds a strange connection this week to a far larger media scandal in the UK. How much did former BBC Director-General Mark Thompson know about the activities of BBC star and serial paedophile Jimmy Savile – who may have abused up to 1,000 victims on BBC premises, apparently under the noses of BBC staff for more than 40 years?

According to Mr. Thompson, he knew zilch. “During my time as director general of the BBC, I never heard any allegations or received any complaints about Jimmy Savile”, he told the New York Times.

But just four days into his new job as President and CEO of The New York Times, Mr Thompson’s veracity was questioned... by the Times itself. In a story that ran under the aegis of now-sacked executive editor Jill Abramson.

Connected events? Some believe so.

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Bestselling author Tess Gerritsen thinks shes been ripped off by the movie “Gravity” – and she may have a point! Presented from Florida by leading lawyer Donna Ballman and from London by literary agent Peter Cox.

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Book-banning seasons is here again! Gather round the bonfire, folks, warm your hands and enjoy the mulled wine and scent of lightly-toasted paperbacks...  Plus, why do people get so mean on the net? Presented from Florida by leading lawyer Donna Ballman and from London by literary agent Peter Cox.

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Allegedly, they made love every Tuesday, like clockwork. They would sing and dance all night long. Chinese foot binding comes into it, too. Not one of Holmes’s more outré cases – but in fact, a real-life legal drama – which is what The Debriefer is all about!  Presented from Florida by leading lawyer Donna Ballman and from London by literary agent Peter Cox.

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A setback for authors who want to reclaim their e-book rights from publishers; Peter reveals one of his negotiating techniques; and someone in South Carolina has the world’s most highly-tuned Gaydar! Presented from Florida by leading lawyer Donna Ballman and from London by literary agent Peter Cox.

Links to stories mentioned in this show:

  • Judge Rules for HarperCollins in Open Road E-Book Dispute
  • Musicians May Lobby To Change Royalty Regs After Manhattan Court Ruling
  • Holocaust novel focus of copyright suit
  • South Carolina House votes to cut funds for universities over gay books

Follow ups on old stories:

  • Artist and Photographer Settle Infringement Suit
  • Judge won't dismiss Ventura defamation suit against widow of 'American Sniper' author

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We’re talking advances again, and following the cautionary tale of a pair of writers who went from self-made success... to “traditional” publishing failure... and now, hopefully, back to the self-publishing world again where the advances aren’t stellar - but at least you are your own boss. Follow along, it’s well worth studying.

Links to items mentioned on this show...

  • Author cheated Bronx dog trainer out of book profits
  • Adult Magazine Publisher Sues LeaseWeb for Providing Services to Copyright Infringers
  • Beneficial Owner of “Spank” Has Standing in Copyright Infringement Suit
  • City wants journalist to turn over documents related to book about NYPD whistleblowers
  • Ninth Circuit Holds Actor In Minor Role Owns Independent Copyright In Performance Embodied In Motion Picture
  • YouTube must take down explosive 'Innocence of Muslims' video in copyright suit
  • Chicago publisher sued for publishing Malcolm X’s diary
  • True-crime author Ann Rule's suit against Seattle Weekly tossed

Presented from Florida by leading lawyer Donna Ballman and from London by literary agent Peter Cox.

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One of the nice things about our listeners is that they share their views and experiences with us. So it is that, after we last covered the lawsuit brought by “To Kill a Mockingbird” legend Harper Lee against a museum in her south Alabama hometown, both Donna and Peter have changed their views on the case. Thank you, Debriefists!

Well, that suit has been settled now – and a very good thing, too.

And while we’re speaking of past shows, here is the link Peter mentioned to our show featuring author Sherry Jones, whose trilas and tribulations with her book “The Jewel of Medina” we covered very extensively. Sadly, extremist never sleeps, and here is a similar case, this time featuring Penguin and Wendy Doniger's book “The Hindus”.

Other links in this show include:

  • Harper Collins to stop illegally collecting personal information about children
  • Winnipeg Mayor Sam Katz sues student newspaper
  • Books Rate More Negatively After Winning Awards
  • Why Are Book Sales A Secret?:
  • Court-Appointed Monitor To Stay At Apple

Presented from Florida by leading lawyer Donna Ballman and from London by literary agent Peter Cox.

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We’re back! With more stories, more opinion and even more insight into that murky confluence that lies somewhere between the edge of publishing and the beginning of matters legal. Big stories this show are:

  • Sherlock Holmes is definitely in the public domain, judge rules
  • Warning Drivers Of Speed Traps With Flashing Headlights Is Free Speech
  • Tom Cruise Sued For $1 Billion By Angry Screenwriter
  • Single Mom Sob Story? JK Rowling Sues Daily Mail For Libel
  • Science writer files lawsuit against NASA after it failed to investigate 'alien doughnut' on Mars
  • Noncompetition Agreements & Editing
  • Gawker Defends Linking to Tarantino Script
  • Long-standing copyright suit nets plaintiff nearly $4M
  • FBI Agent Copyrights Secret Interrogation Manual, Makes It Public

Presented by leading lawyer Donna Ballman in Florida and literary agent Peter Cox in London.

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