Copyright Posts

Kannan Sundaram, Publisher, Kalachuvadu’s intervention on copyright at Jaipur BookMark, Jan 2019

Kannan Sundaram, Publisher, Kalachuvadu, was invited by Neeta Gupta, Founder, Jaipur BookMark, to participate in the JBM Copyright Roundtable.T

 It was held at Diggi Palace and the keynote was delivered by Michael Healy. The other participants were Aditi Maheshwari Goyal, Alind Maheshwari, Arpita Das, Claudia Kaiser, Kannan Sundaram, Maggie Doyle, Michael Healy, Phillipa McGuinness, Prashasti Rastogi, Safir Anand and Urvashi Butalia, moderated by Naveen Kishore.

The cue given to the panelists by JBM was: Copyright underpins everything we do as an industry and without it all opportunities quickly recede. The principle of copyright is threatened at a global level and to a degree we have never seen before. This is true in India as it is in many countries. This session is a call to publishers, literary agents, rights managers, lawyers, authors and international book fair organisers for the protection of copyright.

Kannan Sundaram gave a short speech putting forth the concept of nationalising prominent Indian writer’s works rather than restricting them to a copyright life arguing that this had been done for Tamil poet Subramania Bharathy. Whereas in the case of Bengali poet Rabindranath Tagore the copyright period had been extended by a decade so that Visva-Bharathi University, the main benefactors of Tagore’s literary estate could continue to earn royalities for a few more years.

Kannan Sundaram, Publisher, Kalachuvadu

Here is the complete text of Kannan’s speech delivered at Jaipur BookMark. It has been published with permission.

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Thank you JBM, Neeta Gupta for this opportunity to share my views.

I will be making a few remarks on copyright issues in Indian languages in general and Tamil in particular.

The premise of this panel that copyright is facing a threat in contemporary times is not entirely true of many Indian languages. I would not generalize the publishing context of all Indian languages. Every Indian language publishing has its own eco system. However, in most languages the adherence to copyright has never been strong.

I know that Malayalam market is an exception. There could be other languages where copyright is adhered to but that is not the overall picture of Indian language publishing. In Tamil copyright has been an option not a rule. It may have been extended to popular authors, authors who would fight it out, but not to most authors who had no clear understanding of copyright acts. In Tamil publishing adherence to copyright regulations is improving only now. Writers are fighting back using social media and prime time debates in television on copyright are happening. And there are publishers who appear on TV and argue why they cannot pay royalty!

While copy left is an idea and an aspiration for many in the world, in the state of Tamil Nadu it has been practiced legally in some instances for some decades now. This is a practice that is unique to the state of TN. So we have had an opportunity to access copy left in practice.

For over 60 years now the government of Tamil Nadu purchases copyright of an author by paying a lump sum money to the copyright holder and then puts it out in the public domain. This process is referred to as ‘nationalization’.

 This practice was initiated after a controversy surrounding the rights of our national poet Mahakavi Subramania Bharathy. Responding to public demand that no one can own the rights of a poet who was perceived as belonging to the people, first the Tamil Nadu government bought the rights of Bharathy’s works in 1949. Then in the mid-fifties it was nationalized, that is gifted to the people. (If you want read this story I recommend the book ‘Who owns the Song?’ by A.R. Venkatachalapathy).

I would like to quickly compare this to the story of a nationally treasured writer Rabindranath Tagore. Visva-Bharathi University had an iron clad hold over Tagore’s copyright through the term and then succeeded on extending copyright for 10 years!

Following up on the new tradition established for Bharathy, various Tamil Nadu governments over the years have nationalized the works of over 130 writers. It started as a trickle and then became a sludge. When any of the governments in India decide to patronize culture, it usually starts well but the rot quickly sets in and then it typically goes to the dogs. What started as a process of national honour to outstanding personalities of Tamil literature has now gotten entangled in nepotism, patronage and corruption. I would not be able to recognize the names of a quarter of the nationalized writers!

What are the pros and cons of this nationalization process?

Most Tamil writers do not bother to assign copyright when they create a will for their belongings and property. It not valued by them or their families since it typically brings in little money. Therefore, posthumously it often becomes complicated for any publisher that wants to publish them. Nationalising a writer’s works clearly this all up nicely. The family gets some money and the publishers are free to publish the works. This as far as I can see is the only pro of this process. The honour is not there anymore since writers are nationalized with little discrimination.

The cons are many.

  1. If it is a bestselling author, there is a price war between publishers undercutting quality of the books published drastically.
  2. Most of the books of authors that have been nationalized remain out of print. This obviously is because their works are not valued turning the process of nationalizing their works irrelevant. Also if the author is a slow and steady selling, thena publisher with exclusive rights might do limited editions but when there exists the possibility that somebody else too might publish it and eat into the limited market, then there is little initiative to publish it.
  3. When copyright goes, no one exerts moral rights of work. This may not be the legal position but that is how it works in practice. This means publishers take liberties with the text. They feel free to edit, delete, change, condense and adapt the text in any way they like.

One publisher who publishes only nationalized books dedicates all the books to his mother. After sometime this publisher realized that the readers do not understand that he is dedicating all the books to his mother but wrongly assume that all writers are dedicating their books to their own mothers. So now the dedications are accompanied by photographs of his mother! A very commendable sentiment but ethics of it is debatable. Since no one can represent a nationalized book or can sign a contract, essentially any possibility of translation becomes very slim.

Thank you!

3 Feb 2019

Favourite Enid Blyton stories

How I Began 

That is one question so many of you ask me — and grown-ups ask it too. ‘How did you begin writing, Miss Blyton?’ Well, let me tell you this straightaway. I meant to be a writer from the tmie I could read and write, even before that, I think. There are some children who know from the beginning what they want to do, and mean to do. 

Usually those children have a gift for that particular thing. They feel impelled to write, or to compose tunes, or to paint pictures. It is something they cannot help, something that is given to them when they are born. How fortunate they are! 

To use — and to use as perfectly as they are able to. All gifts much be practised and trained, a great deal of hard work must go into that person’s life, unremitting, never-ending work, every minute of which is worthwhile. No idling, no slacking, no half-measures — a gift is such a precious possession that it must be trained to perfection. 

If a child has a gift, then I think it should be developed and encouraged as far as is possible in a child — but first and foremost the child should have an ordinary, natural childhood, and above all he shouldn’t be spoilt, pushed on too much, or made conceited. His gift will flower all the more if he has a sensible childhood, many many interests, and has plenty of character. So, my dears, if you have any ‘gifts’, don’t expect people to turn you into a horrid little ‘prodigy’ and make you grown-up long before it’s time!

Enid Blyton The Story of My Life (1952)

 

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Ever since Hachette won the licensing of the Enid Blyton brand, the firm has ensured that the books are constantly available and at reasonable prices too. Generations of readers have grown up on Enid Blyton’s adventure stories, school stories, magical stories etc. They have sparkled the imagination of young readers worldwide. It has also helped ressurect many of the lesser known Enid Blyton stories in special published bumper anthologies where the original dates of publication have been included. Some of the stories were published as early as 1925!

Owning the license to publish Enid Blyton stories has enabled Hachette to consider experiments in children’s literature. For instance, the publishing firm commissioned  Pamela Butchart to write a new Secret Seven mystery called Secret Seven: Mystery of the Skull. Aimed at a new generation of readers it has  a lively pace of writing. In all likelihood introducing a brand new book is smart business acumen too. It ensures that the copyright period of this story will be active for a long time to come which is lifetime of the author + specified time period in the particular country. The book is published under the co-authorship of Enid Blyton and Pamela Butchart.

Enid Blyton (1897-1968) influenced many young minds. Generations of kids have grown up on Blyton stories dreaming of scones and clotted cream, picnic baskets, making invisible ink using orange juice, reading of magical lands, fairies and pixies, of high school stories and adventure stories. Many of Blyton’s readers of  the past years are now well-established children’s writers in their own right. People like Michael Morpurgo, Andy Griffiths, and Jacqueline Wilson have become household names. Now Hachette has brought out a scrumptiously illustrated hardback anthology of prominent children’s writers introducing their favourite extract of an Enid Blyton story. It is called Favourite Enid Blyton Stories. Every story is prefaced by a short piece by the modern day author reminiscing about discovering Blyton and her fantastical world. There are many gems to choose from but the last extract by Jacqueline Wilson is particularly charming as it is from Blyton’s autobiography ( published in 1952) and which sadly now seems to be out of print. Here’s hoping that along with all the other popular titles The Story of My Life is also published soon.

( All the Enid Blyton books mentioned are published by Hachette Group and are easily found online and in brick-and-mortar stores. )

20 November 2018 

 

“Create, Copyright and Disrupt”

23 April is celebrated as World Book and Copyright Day. According to UNESCO  “23 April is a symbolic date for world literature. It is on this date in 1616 that Cervantes, Shakespeare and Inca Garcilaso de la Vega all died. It is also the date of birth or death of other prominent authors, such as Maurice Druon, Haldor K.Laxness, Vladimir Nabokov, Josep Pla and Manuel Mejía Vallejo. It was a natural choice for UNESCO’s General Conference, held in Paris in 1995, to pay a world-wide tribute to books and authors on this date, encouraging everyone, and in particular young people, to discover the pleasure of reading and gain a renewed respect for the irreplaceable contributions of those, who have furthered the social and cultural progress of humanity.”

It is befitting to mention Create, Copyright and Disrupt: India’s Intellectual Property Dilemmas by Prashant Reddy T. and Sumathi Chandrashekharan. The title itself a play on the slogan “Create, Protect, Innovate” that has been adopted by IP agencies and IP conferences worldwide. It gives a good overview on the patent history in India particularly for the pharmaceutical industry, the impact of the Berne Convention the publishing industry in India to the recent amendment to the Copyright Act ( 2012) brought about at the insistence of ex-Parliamentarian and prominent lyricist Javed Akhtar and finally the Geographical Indications of Goods Act [Registeration and Protection] Act, 1999 illustrated with the famous Neem and Basmati rice  cases.  The essays are written lucidly with a view to being accessed by the lay person and not necessarily mired in legal speak.

This is a good manual to have handy to understand how IPR works particularly since it revolves around the discussion and recognition of copyright as being a right to reproduce the work, communicate the work to the public or to the right to incorporate the work in another format such as a sound recording. This is dependant on recognising the author’s intellectual capital and compensating them adequately for it through licensing fees, time period of which varies from nation to nation. There are variations to this in the issue of first ownership of the copyrights particularly in the case of music and lyrics where the creator has been in the employment of the firm and been compensated for the work done. IPR conversations are critical since they link the creativity of a human mind to that of a right, the protection of whose onus falls upon the State, thereby ensuring the author/creator can earn some money of it. And it gains more significance when so much information is available digitally and where content is viewed as the oil of twenty-first century!

Prashant Reddy T. and Sumathi Chandrashekharan Create, Copyright and Disrupt: India’s Intellectual Property Dilemmas ( Foreword by Shamnad Basheer) Oxford University Press, New Delhi, 2017. Hb. pp. 372 Rs. 850 

23 April 2017 

On the Marrakesh Treaty and DK Braille Books

cd0877026f8140d697c127619a68bea4On 30 June 2016 Canada became the 20th country to ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Marrakesh Treaty). According to logothe fabulously informative online community Spicy IP “The significance of this 20th ratification, (almost exactly three years since the date of adoption) is due to Article 18 of the Treaty which provides that the Treaty shall come into force 3 months after the 20th country ratifies it – thus setting 30th September 2016 up for the Marrakesh Treaty to finally become a reality!” ( 3 July 2016, http://spicyip.com/2016/07/the-miracle-of-marrakesh-finally-to-be-realised.html )

Spicy IP continues: “this treaty provides exceptions to copyright in order to provide access to published materials to the blind, visually disabled, and otherwise print disabled persons. With the coming into force of this Treaty, countries that have ratified it will finally be able to exchange accessible format copies across their borders. This is especially good news for countries such as India, where accessible formats are very hard to get.

The 20 countries that have ratified the treaty are India, El Salvador, United Arab Emirates, Mali, Uruguay, Paraguay, Singapore, Argentina, Mexico, Mongolia, South Korea, Australia, Brazil, Peru, North Korea, Israel, Chile, Ecuador, Guatemala and Canada. It is pertinent to note that the United States is not a part of this Treaty as yet.

India was the very first country to ratify this Treaty in 2014, and thanks to the efforts of Rahul Cherian and others, back in 2012 had already brought in domestic legislation amendments which were in line with the treaty would eventually go on to say.”a66314d2c14d49bba85591d532aa1595

Given that only 1% of the books published are available in Braille this is a huge market waiting to be tapped. In terms of publishing what is truly exciting is that DK earlier this year began experimenting with Braille books. With the happy coincidence of the Marrakesh Treaty becoming a reality on 30 September 2016 it puts DK in an enviable position since they have spent a good amount of time researching this market space. ( http://www.dk.com/uk/explore/education/an-intro-to-dk-braille-books/ )

Though this project was originally conceptualised in UK, the books are available across book markets including India. They are available at online stores such as Amazon. A few weeks ago I saw some of these books. They are magnificently produced. The aim is to produce a series of high-quality, custom books with braille and tactile images for blind and partially sighted children, or sighted children with blind parents. The emphasis is on making the braille books fully inclusive, books that could be shared with sighted friends and siblings, teachers and parents. According to one of the production team members, Charlotte, who developed this list, “Children that have a visual impairment are more likely to have nightmares and experience them for longer than sighted children. Books about the world can help to reduce or at least mitigate these nightly terrors. Also, being able to access books means that people with visual impairments feel less socially isolated and experience improved mental health.” With this series “visually impaired people around the world can put their hands down onto DK book pages and instead of feeling nothing, words and pictures will reach out to them and will inform them of some of the pretty amazing things about our planet. Sighted readers will be able to feel the images too, and it will be a more interesting, exciting, and immersive experience. Both audiences can learn the same things by reading and sharing the same book.” These braille books are meant to be affordable, globally accessible, and fully inclusive.

Here are some sample images of the books:

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5 July 2016 

An interview with Devashish Makhija

ForgettingDevashish Makhija’s debut collection of stories, Forgetting, has been published by HarperCollins India. It consists of  49 “stories”. After reading the book, I posed  some questions to the author via email. His responses were fascinating, so I am reproducing it as is.

 1.Over how many years were these stories written?

I always find it difficult to answer such a question. There are so many ways to measure the time taken to ‘create’ a body of work. Least of all is the time taken to physically ‘write’ the stories. So I’ll attempt a two-tiered response.

Literally speaking, these stories were written sporadically over a 6-8 year period. Creating stories in some form or the other keeps me alive. And it was in this time period that most of the screenplays I’d been writing (for myself to direct as well as for other filmmakers, from Anurag Kashyap to M.F. Husain) were not seeing the light of day. For some reason or the other those films weren’t getting made. So in the slim spaces in between finishing a draft of one screenplay and starting to battle with the next, I kept writing – short stories, flash fiction, children’s books, poetry, essays, anything. I didn’t have a plan for any of these back then. I wrote just so I wouldn’t slit my throat out of frustration!

But this writing turned out to be my most honest, brutal, personal, (dare I say) original. Because, here I wasn’t answerable to anyone – not producers, not directors, not audiences, not peers, no one. So as the years passed, and the shelved films kept piling up, my non-film writing output began growing exponentially. My personal pieces came together in my self-published Occupying Silence. Then a story (“By/Two”) got published in Mumbai Noir. Another (“The Fag End”) came out in Penguin First Proof 7. A third story (Red, 17) published multiple times in several Scholastic anthologies. Two children’s books (When Ali became Bajrangbali and Why Paploo was perplexed) became bestsellers with Tulika Publishers. My flash fiction found a dedicated readership with Terribly Tiny Tales ( http://terriblytinytales.com/author/devashish/ ). And before I knew it a ‘collection’ of sorts had formed. So if I have to put a fairer timeline to the creation of ‘Forgetting’ I will mostly be unable to because this unapologetic, personal story-writing found its seeds in writing I’ve been doing since my teenage years, and most of the themes / motifs in these stories have formed / accumulated within me over the last 20 years perhaps.

  1. Are these stories purely fictional? There is such a range, I find it hard to believe that they are not based or inspired by real situations you have encountered. 

That is a most acute observation. Although these stories have been placed in contexts fictionalized, often these are almost all lived experiences. In fact most of the first drafts of these stories were written in first person. When I began to see them as a ‘collection’ of sorts I went back to most of them and rewrote them as third person narratives, often fleshing out a central character removed from myself. It has been an interesting experiment, to have written something first as my own point of view of a very personal experience, then gone back and shifted the pieces around to see how the same would appear / sound / read if I were to be merely an observer, looking at this experience from the outside, in.

But this is not the case with all stories. Some of these stories were first film ideas / stories / screenplays that I couldn’t find producers for. I rewrote them as prose fiction pieces to attempt turning them into films once they found an audience of some sort through this book. I’m sure you can detect which these were… ‘By/Two’, ‘Red 17’, ‘Butterflies on strings’ – the larger, more intricate narratives in this collection. If I’m not too off the mark these particular stories read more visually too, since they were conceived visually first.

  1. How did you select the stories to be published? I suspect you write furiously, regularly and need to do so very often. So your body of work is probably much larger than you let on. 

That is yet another acute observation. You’re scaring me. It’s like you’re peeking into my very soul here, through this book. I used to (till last year) write ‘furiously’ and ‘regularly’, quite like you put it. Every time I’ve wanted to (for example) kill myself, kill someone else, start a violent revolution, tell a married woman that I love her (or experienced any such extreme anti-social urges) I’ve just sat myself down and WRITTEN. I have unleashed my inner beasts, exorcised my demons, counseled my dark side, purged myself of illicit desire by Writing. So yes, I have much, much more material than this anthology betrays.

But when a book had to be formed from the hundreds of diverse pieces I had ended up creating, a ‘theme’ emerged. And I used that theme as a guiding light to help me select what would stay in this book and what would have to wait for another day to find readership.

This ‘theme’ was ‘Forgetting’.

I found in some of my stories that they were about people (mostly myself reflected in my characters) trying to break out of a status quo / a pattern / a life choice that they’re now tired of / done with / tortured by. The selected stories are all about people trying to break loose of a ‘past’. And these stories – although frighteningly diverse in mood, intent, sometimes even narrative style – seemed to come together under this umbrella theme.

  1. Who made the illustrations to the book? Why are all of them full page? Why did you not use details of illustrations sprinkled through the text? Judging by your short films available on YouTube, every little detail in an arrangement is crucial to you. So the medium is immaterial. Yet, when you choose the medium, you want to exploit it to the hilt. So why did you shy away from playing with the illustrations more confidently than you have done?

I am now thoroughly exposed. You caught this out. All those illustrations are by me. Some of them are adapted from my own self-published coffee table book from 2008 –Occupying Silence (www.nakedindianfakir.com). That book had served as a catalogue of sorts for the solo show I’d had in a gallery in Calcutta of my graphic-verse work. Some of the writing from that book found its way into Forgetting as well. I hadn’t planned on putting these illustrations in. It was my editor Arcopol Chaudhuri’s idea. The anthology was ready, the stories all lined up, ready to go into print, when it struck him that some visuals might provide a welcome sort of linkage between the various sections of the book. And I jumped at the chance to insert some of my graphic illustrations. I did wonder later that if I had more time I might have worked the illustrations in more intricately. Perhaps even created some new work to complement the stories. But it was a last minute idea. And perhaps that slight fracture in the intent shows. Perhaps it doesn’t. But your sharp eye did catch it out.

What you suggest of detailed illustrations sprinkled right through the text is something I have done in Occupying Silence (http://www.flipkart.com/occupying-silence/p/itmdz4zfanzpcgg7?pid=RBKDHDVKJHW4QEAQ&icmpid=reco_bp_historyFooter__1). I’m a big one for details. It’s always the details that linger in our consciousness. We might be experiencing the larger picture during the consumption of a piece of art, but when time has passed and the experience has been confined to the museum of our memory, it is always the little details that return, never the larger motifs. And I thoroughly enjoy creating those details. In some subconscious way it always makes the creative experience richer / more layered for the reader / audience / viewer. And gives the piece of art / literature / cinema ‘repeat value’. And ‘repeat value’ is what I think leads to a relationship being forged between the creation and its audience. With no repeat value there is no ‘relationship’, there is merely an acquaintance.

So yes, I wish I could have worked the illustrative material into the book more intricately. Next time I promise to.

  1. In this fascinating interview you refer to the influences on your writing, your journeys  but little about copyright. Why? Are there any concerns about copyright to your written and film material? (  http://astray.in/interviews/devashish-makhija )

Always. Film writing almost always presupposes more than one participant in the process. Even if I write a screenplay alone, there will eventually be a director (even if that is myself) and a producer (amongst many, many others) who will append themselves to the final product. Unless I spend every last paisa on making that film from my own pocket (which happens very rarely, and mostly with those filmmakers who have deep pockets, unlike the rest of us) the final product will never be mine alone to own. Where this copyright begins, where it ends; what is the proportion this ownership is divided in; who protects such rights; and for what reasons – are all ambiguous issues, without any clear-cut rules and regulations. I, like everyone else, did face much inner conflict about whether I should go around sharing my written material with people I barely knew, considering idea-thievery is rampant in an industry as disorganized and profit-driven as ‘film’. But soon enough I gave up on that struggle. If my stories were to see themselves as films then they would have to be shared with as many (and as often) as possible, with little or no concern for their security.

What I started doing instead was dabbling in all these other forms of storytelling as well where the written word is the FINAL form, unlike in film, where the written word is merely the first stage, and where the final form is the audio-visual product. And the more output I created on the side that was MINE, the less insecure I felt about sharing the film-writing output I was freely doling out to the world at large.

Shedding the insecurity of copyright made me more prolific I think. Because I had one less (big) thing to worry about.

Also, I believe this whole battle to ‘own’ what you create is a modern capitalistic phenomenon. To explain what I mean let’s consider for a moment our Indian storytelling tradition of many thousands of years. We seldom know who first told any story (folktales for example). They were told orally, never written down. And every storyteller had his/her own unique way to tell it. They never concerned themselves with copyright issues. Our modern world insists that we do. Because today the end result of every creative endeavor is PROFIT. And we are made to believe that someone else profiting from our hard work is a crime. But for a moment if you take away ‘profit’ from the equation, the other big parameter left that we can earn is – SATISFACTION. And that can’t be stolen from us, by anybody. So what I might have lost in monetary terms, I more than made up by the satisfaction of being able to keep churning out stories consistently for almost a decade now.

Every time ‘copyright’ and ‘profit’ enters the storytelling discourse, I don’t have much to contribute in the matter.

 

  1. In this interview, I like the way you talk about imagination and films. https://www.youtube.com/watch?v=m1ViW0qLvlo&feature=youtu.be&a Have you read the debut novel by David Duchony, Holy Cow and a collection of short stories by Bollywood actors called Faction? I think you may like it. Both of you share this common trait of being closely associated with the film world, but it has a tremendous impact on your scripts. There is a clarity in the simplicity with which you write, without dumbing down, but is very powerful. 

Yes, it is the only reason I considered film as a medium to express myself through. I wasn’t a film buff growing up. As I’ve said in that IFFK interview I in fact had a problem with my ‘imagination’ not being allowed free rein while watching a film. Everything was imagined for me. It was stifling. Unlike reading a book, or listening to music, where my imagination took full flight. I considered film only because I wanted to do everything simultaneously – write, visualize, choreograph, create music, play with sound, perform, everything. And, to my dismay(!) I realized only this medium that I had reviled all these years would actually allow me that.

You are right about the cross-effect prose and film writing has if done simultaneously. Not only have I seen my prose writing become more visual –  and hence less reliant on descriptors / adjectives / turns of phrase – but I’ve seen my screenwriting become less reliant on exposition through dialogue, because I find myself more able to express mood and a character’s inner processes through silent action. It’s a very personal epiphany, but it seems to be serving me well in both media.

I haven’t read Holy Cow or Faction but I will do so now.

Interestingly though I think I’ve learnt a lot from another medium – one that inhabits the space between prose and cinema – the graphic novel. Some American author-artists – David Mazzuchelli, Frank Miller; the Japanese socio-political manga master Yoshihiro Tatsumi; Craig Thompson; the French Marc-Antoine Mathieu – these are storytellers whose prose marries itself to the image to convey powerful ideas in a third form. They’re all master prose writers, but their visuals complement their prose, hence their prose is sparse. And since their prose does half the work, their images are powerful in the choices they make. Their work has gone some way in shaping my crossover journeys between film and prose, or vice-versa.

  1. Is it fair to ask how much has the film world influenced your writing? 

I think I have in some way answered this question. My film-writing has affected my writing yes. But since even today I’m not a quintessential film buff, very little cinema has really ‘influenced’ me. To date I have a conflicted relationship with the watching of films. Because a film is so complete in its creating of the world, and I have absolutely nothing left to imagine / add on my own while ‘watching’ a film, I’m left feeling cheated every time I watch a film. Even if it is a film I love. So cinema doesn’t inspire me. I consume it sparely. I respect what it can help a storyteller achieve. But it almost never influences my choices.

Instead, art, poetry, music, real life experiences, love lost, death, inequality, conversation, comics, illustration, the look on people’s faces when they are eating, fucking, killing someone, being denied, discovering a devastating secret, the looks in animals’ eyes when they’re startled by the brutality of man – these are some of my influences.

  1. Will you try your hand at writing a novel? 

Of course! I have to finish at least one before I die. I’m some way into it already. It is, once again, an adaptation of a screenplay I wrote 7-8 years ago, for a film that got partly shot, but might never see the light of day. On the surface of it it’s a story of three boys – one from Assam, one from Kashmir, one from Sitamarhi, Bihar (one of the earliest entry points into India for the Nepali Maoist ideology) – at times in the history of these regions when separatist movements are gaining momentum. Through their lives I seek to explore whether the nation-state we call India even deserves to be. Or are we better off as a collection of several small independent nation-states. It’s very experimental in form, jumping several first person perspectives as the story progresses and gradually explodes outwards. I don’t know yet when I’ll complete it. But I do want to. It’s the only other mission I have of my life. The first being to see my feature-length film release on cinema screens nation-wide. Don’t ask me why. I just do. I’ve tried too hard and waited too long to not want that very, very badly.

But if someone shows interest in my novel I’m willing to put everything else on hold to finish it first.

I guess everything’s a battle in some form or another. It’s about which one we choose to fight today, and which we leave for the days to come.

Devashish Makhija Forgetting HarperCollins Publishers India, Noida, 2014. Pb. pp. 240 Rs.350

1 March 2015

Comeback heroes, 28 September 2014

Comeback heroes, 28 September 2014

( In today’s edition of the Hindu Magazine, I have an article on the resurrection of literary characters by contemporary novelists. The link was published digitally on 27 September 2014. Here is the link: http://www.thehindu.com/features/magazine/comeback-heroes/article6452453.ece . It was carried in print as the lead article of the magazine on Sunday, 28 September 2014. I am also c&p the article below.)

Sophie HannahWith the release of Sophie Hannah’s The Monogram Murders earlier this month, Hercule Poirot comes back to life. This new mystery introduces a new character, Inspector Catchpool, who uses the first-person narrative style, similar to that of Dr. Watson. The novel was announced in October 2013 at the Frankfurt Book Fair in the presence of Agatha Christie’s grandson. This is only one in a line of novels written by contemporary novelists resurrecting literary characters. Usually these are characters that have remained popular over time.

Such revivals have been a tradition from the early 20th century. There were several Holmes stories in the Sudden Book Covers
1910s and 1920s. But these were not very well known. Bulldog Drummond by Sapper was, perhaps, the first instance of a popular character being continued. The series was continued by Gerard Fairlie. Other bestseller series included Sudden (a series of westerns), which was continued after the author Oliver Strange’s death.

There are also lateral continuations — not with the characters as protagonists but spin-offs like P.D. James’ Death Comes to Pemberley, Bulldog_Drummond_1st_edition_cover,_1920Charlie Higson’s Young Bond series, Gregory Maguire’s The Wicked Years series, Anthony Read’s Baker Street Boys series and Andrew Lane’s Young Sherlock Holmes series.Vintage’ Hogarth Shakespeare imprint will soon present retellings of the Bard’s works for contemporary readers by some of today’s best-known international writers. October 2015 willVintage Hogarth Shakespeare see the launch of Jeanette Winterson’s retelling of The Winter’s Tale and Howard Jacobson’s retelling of The Merchant of Venice will be out in February 2016, ahead of the 400th anniversary of Shakespeare’s death in April 2016. The illustrious list includes Margaret Atwood (The Tempest), Tracy Chevalier (Othello), Gillian Flynn (Hamlet), Jo Nesbo (Macbeth) and Anne Tyler (The Taming of the Shrew). The series will be published in 12 languages across 18 territories.

There are many reasons why these new stories strike a chord with modern readers. First is, of course, nostalgia and familiarity. Given the huge fan base of these characters, the new books have a relatively ready market but sometimes they are reinvented to find a

(L-R) Danish Husain and Mahmood Farooqui

(L-R) Danish Husain and Mahmood Farooqui

new readership. Mahmood Farooqui of Dastangoi says, “I think it is a good tactic to take up texts that are already familiar to some in the audience. Listening to a story and reading one are very different experiences.”

India sells more traditional bestsellers, says Thomas Abraham, Managing Director, Solo_-_James_Bond_first_edition_coverHachette India. Like “Enid Blyton or Christie or Conan Doyle. So, yes, these will have a good market here. But the new revivals will sell much more in the west in year one at least because they are major literary events.” Caroline Newbury, VP, Marketing and Corporate Communications, Penguin Random House, points out that books like Solo and Jeeves and the Wedding Bells “have been successful across the globe, hitting bestseller lists in the U.K. and in places like Australia.”

Kushalrani Gulab, a voracious reader, cannot resist these new novels. She is “driven by curiosity and the very, very small hope that, by some miracle, my beloved character and her/his world might actually come back from the dead. So far, there has been no miracle.” A sentiment that blogger Sheila Kumar echoes. “Truth to tell, I approach these tribute/resurrections with both reserve and caution. Sebastian Faulks, Jeeves and the Wedding BellsComparisons, while they are admittedly odious, are also inevitable in cases like these!” But, as Abraham points out, “You dislike them generally after having read them, so you contribute to the market anyway.”

An article in the Publisher’s Weekly describes Sophie Hannah as having “channelled” one of literature’s greats. But Gulab’s passionate response to this is: “I find it very hard to imagine that another author can do just as good a job as the original author… (who) knows her/his own character best because she/he has honed it over the years… Another author, however, only knows the character by a list of characteristics; from the outside, as a reader does. Not from the inside as the original author does. Also, characters tend to exist in a certain milieu. So unless the new author makes the characters contemporary, she/he has got to recreate the world around the character as well. That’s very hard to do when you haven’t actually lived in that time period.” In fact, Sophie Hannah says she found the names — Catchpool, Brignell, Negus, Sippell and Ducane — for most of her cast from tombstones as they had a “classic, old-fashioned feel about them”.

Yet these “continuations” raise the tricky question of copyright. Last year, the Conan Doyle Estate was “horrified that the ‘public domain’ might create multiple personalities of Sherlock Holmes” (September 2013). But in December 2013, a judge in the U.S. ruled that “Sherlock Holmes is definitely in the public domain”. The first story is bound by the original term of copyright. A new version does not extend the character’s copyright term for the estate. But copyright and permission to carry on the characters are two different things. So, if an estate has the legal right to stop any use of the character after the story’s copyright expires, may be they can. But they can’t stop the printing of existing works, if they have gone out of copyright.

Abraham refers to the attitude of Peter O’Donnell, creator of the Modesty Blaise series. “O’ Donnell told me that he wouldn’t like the idea of Modesty being carried on by someone else especially after the disastrous film version. That was one reason why he killed them off in Cobra Trap.” Attitudes vary hugely from estate to estate. As Newbury points out, Solo’s copyright lies with Ian Fleming Publications Ltd., whereas Jeeves and the Wedding Bells is attributed to Sebastian Faulks.

According to Rich Stim, Attorney, on the legal website, NOLO, “fictional characters can be protected separately from their underlying works as derivative copyrights, provided that they are sufficiently unique and distinctive like, James Bond, Fred Flintstone, Hannibal Lecter, and Snoopy. In Nichols v. Universal Pictures Corp., Judge Learned Hand established the standard for character protection: “… the less developed the characters, the less they can be copyrighted; that is the penalty an author must bear for marking them too indistinctly.” Exploitation of fictional characters is a crucial source of revenue for entertainment and merchandising companies. Characters such as Superman and Mickey Mouse are the foundations of massive entertainment franchises and are commonly protected under both copyright and trademark law. Unfortunately the protection afforded to fictional characters sometimes clashes with the fair use right to comment upon or criticise those characters. ” ( http://www.nolo.com/legal-encyclopedia/protecting-fictional-characters-under-copyright-law.html ) Moriarty

People will read the new versions, but if you ask them which character they want to see resurrected, the answer comes promptly: “none”. The truly worthy successor of a great mystery writer in the modern world, writing in English, in my humble opinion, is Anthony Horowitz. I am looking forward to his Moriarty to be released at the end of October.

Other literary revivals

James Bond: Colonel Sun by Kingsley Amis (as Robert Markham); Solo by William Boyd.

Sherlock Holmes: The House of Silk by Anthony Horowitz and The Mandala of Sherlock Holmes by Jamyang Norbu, which also revived Hurree Babu from Rudyard Kipling’s Kim.

Bertie Wooster and Jeeves: Jeeves and the Wedding Bells by Sebastian Faulks.

Jason Bourne: The Bourne Imperative by Eric van Lustbader.

Famous Five: Sarah Bosse wrote 21 new novels with Enid Blyton’s characters in German.

In India, Dastango Mahmood Farooqui has resurrected Alice in Wonderland as Dastan Alice Ki, and has plans to adapt Gopi Gyne Bagha Byne and The Little Prince.

Update

The article has been corrected to reflect the following changes: Kingsley Amis wrote the Bond novels under the pen name of Robert Markham and not George Markham as was printed earlier. Secondly, the Moriarty novel by Anthony Horowitz will be available at the end of October and not at the end of this week as mentioned earlier.

28 September 2014 

Timur Vermes, “Look Who’s Back”

Timur Vermes, “Look Who’s Back”

hitler_looks_whos_back_ti-472027

Timur Vermes debut novel Look Who’s Back is about Adolf  Hitler returning to Berlin, 2011. It is written in first person. Adolf Hitler is who he says he is, but others mistake him for an actor who is method acting. Through a series of twists and turns, Adolf Hitler becomes a part of a satirical television show. The ratings of the show rise tremendously and Hitler wins the Adolf Grimme Prize–the top prize for television comedy. Everyone involved with the programme is ecstatic with joy. Fraulein Kromeier is deputed to work for Hitler, as a secretary. They get along well. In fact she is proud to be working with a real star, till her grandmother ticks her off:

‘What that man does is not funny. It’s nothing to laugh about. We can’t have people like that around.’ And I’m like, ‘But Nan, it’s satire? He’s doing it so it doesn’t happen again?’ But she’s like, ‘That’s not satire. He’s just the same as Hitler always was. And people laughed then, too.’ 

Fraulein Kromeier discovers that her Nan’s family had been gassed during the war.

Hitler is offended by the criticism of his “life’s work”. He decides to defend himself by taking the “path of eternal, unadulterated truth”.

“Fraulein Kromeier,” I began. “I don’t imagine that you’ll thank me for saying this, but you are mistaken in many things. The mistake is not yours, but it is a mistake all the same. These days people like to assert that an entire Volk was duped by a handful of staunch National Socialists, unfaltering to the very end. And they’re not entirely wrong; an attempt did in fact take place. In Munich, 1924. But if failed, with bloody sacrifices. The consequence of this was that another path was taken. In 1933 the Volk was not overwhelmed by a massive propaganda campaign. A Fuhrer was elected in a manner which must be regarded as democratic, even in today’s understanding of the word. A Fuhrer was elected in a manner which must be regarded as democratic, even in today’s understanding of the word. A Fuhrer was elected who had laid bare his plans with irrefutable clarity. The Germans elected him. Yes, including Jews. And maybe even your grandmother’s parents. In 1933 the party could boast four million members, after which time we accepted no more. By 1934 the figure might otherwise have been eight million, twelve million. I do not believe that any of today’s parties enjoy anything approaching this support.”

“What are you trying to say?” 

“Wither there was a whole Volk full of bastards. Or what happened was not the act of bastards, but the will of the Volk.”

Fraulein Kromeier looked at me in disbelief. “You …can’t say that! It wasn’t the will of the people that my nan’s family should die! Come off it, it was the idea of those who were found guilty. In, what’s it called, in …Nuremberg.”

“Fraulein Kromeier, I beg you! This Nuremberg spectacle was nothing more than a deception, a way to hoodwink the Volk. If you are seeking to find those responsible you ultimately have two options. Either you follow the line of the N.S.D.A.P., and that means the man responsible is precisely the one who bears responsibility in the Fuhrer state — i.e. the Fuhrer and no one else. Or you must condemn those who elected this Fuhrer, but failed to remove him. They were very normal people who decided to elect an extraordinary man and entrust him with the destiny of their country. Would you outlaw elections, Fraulein Kromeier?” 

( p. 292-4)

Look Who’s Back is a chilling and at the same time hilarious novel. As Die Ziet says, “shockingly plausible” too. According to Wikipedia, Timur Vermes was a professional ghostwriter and Er ist wieder da is his first novel. It has been a bestseller in Germany, selling over 1.3 million copies. The film rights have been sold. Translation rights have been sold to 35 countries.

It is interesting to have a novel revolve around the Adolf Hitler in modern Germany, given that his manifesto Mein Kampf is not easily accessed in the country. To read it, you require special permission and is only available in libraries. But in 2015 the state of Bavaria will allow the publication of the book  in Germany for the first time since the Second World War. According to a report in the Independent, “The state owns the copyright for the book and had blocked all attempts to publish a new German language edition because of fears that it would encourage a resurgence of the far right. However, the copyright, which transferred to the state of Bavaria after the Nazi party’s publishing house Eher Verlag was liquidated in 1945, expires next year.

Plans to republish the book with an academic commentary early in 2016 were approved in 2012, but last December the idea was blocked following complaints from Holocaust survivors. Bavaria then declared that the book was “seditious” and should never appear in print in German.

However, the state has now revised its ruling. “We have changed our minds,” said Ludwig Spaenle, the Bavarian Minister of Culture, …. He said Bavaria would not oppose the project because it was in the interests of “freedom of science”.” ( http://www.independent.co.uk/news/world/europe/mein-kampf-legalised-bavaria-drops-veto-on-german-edition-of-adolf-hitlers-manifesto-9081339.htm . 23 Jan 2014)

With his experience as a ghostwriter, Timur Vermes, has created a story with a fine balance between fact and fiction. This is a novel that must be read, especially at a time when we are surrounded by conflicts world over.

Timur Vermes Look Who’s Back ( Translated from the German by Jamie Bulloch) Maclehose Press, an imprint of Quercus, London, 2014. Pb. pp. 380 Rs 499

31 July 2014 

 

 

“Jeeves and the Wedding Bells” Sebastian Faulks

“Jeeves and the Wedding Bells” Sebastian Faulks

Sebastian Faulks, Jeeves and the Wedding BellsSebastian Faulks has written a homage to P. G. Wodehouse, a novel, Jeeves and the Wedding Bells. It is meant to be a new addition to the Wodehouse collection of Bertie Wooster and Jeeves novels. It was announced with a great deal of fanfare earlier in the year and released in November 2013. Unfortunately it does not meet one’s expectations at all. It is stiff and difficult to read. It misses the humour of Wodehouse.

Resurrecting beloved characters that have endured and continued to charm generations of readers is a trend that is going viral among publishers. In the hope of keeping markets alive, publishers are introducing new and young readers to characters that they may not be familiar with. Popular contemporary novelists are entrusted with the task of scripting new stories. For instance, Anthony Horowitz wrote a new Sherlock Holmes mystery, The House of Silk ( 2012); William Boyd wrote a new James Bond novel, Solo (2013); and next year Sophie Hannah will be writing a new Hercule Poirot mystery. ( If the buzz at Frankfurt Book Fair 2013 is to be believed this is a novel to watch out for.) Keeping with this trend, Sebastian Faulks was asked by Random House to create a new novel with Bertie Wooster and Jeeves. These editorial decisions of matchmaking between popular contemporary novelists with old favourites are actually very sharp. If these new novels are written well ( as House of Silk is) everyone stands to gain—the readers have a new novel, the author and the publishers have a new market to tap. More importantly, most of these characters are either out of the copyright domain or are about to become available. By introducing new versions of the characters, estates of the authors can consider arguing legally “having that single book under copyright means that the entire character is covered by copyright”. ( Read. Conan Doyle Estate Is Horrified That The Public Domain Might Create ‘Multiple Personalities’ Of Sherlock Holmes http://www.techdirt.com/articles/20130915/00291924523/conan-doyle-estate-doesnt-understand-public-domain-freaks-out-harms-it-might-cause-to-sherlock-holmes.shtml ) Thus keeping a tight control on the royalties earned by the new lease of life these characters are given. Significantly at a time when multiple formats are splintering and expanding the market, creating alternative revenue streams, it is important for publishers to explore ways of making inroads, testing markets and this can be done at least cost with old characters that are favourites, out-of-copyright or require minimal license fees to be paid, and new business models are explored. House of Silk, Anthony Horowitz

In Faulks on Fiction, Sebastian Faulks has an essay on Jeeves, ‘The Mood will Pass, Sir”. His opening line is “one of the odd things about Jeeves is how seldom he appears in the stories that immortalised him. While P. G. Wodehouse never used anything as vulgar as formula, there is an elegant pattern to Jeeves exits and his entrances.” ( p.239) Well if Faulks was interested in exploring the Jeeves angle in The Wedding Bells, he failed. He misses the point of Wodehouse’s fiction. Probably because Faulks is unable to get rid of his awe for Wodehouse. He remains nervous, hesitant following ( writing?) in the footsteps of Wodehouse and seems to be only keen to explore a perspective he feels is missing from the established Wodehouse canon.

Sebastian Faulks Jeeves and the Wedding Bells, Hutchinson, London, 2013. Pb. pp. 258 Price not mentioned.

From SPICYIP, Eastern Book Company (EBC) granted injunction against Lexis Nexis for infringement of copyright

From SPICYIP, Eastern Book Company (EBC) granted injunction against Lexis Nexis for infringement of copyright

Last month we had blogged about the interim injunction granted in favour of Eastern Book Company (EBC) restraining Thomson Reuters (including Westlaw and Indlaw) from infringing the copyright in their law report Supreme Court Cases (SCC). In a further development, EBC has now been granted an interim injunction against LexisNexis India (including LexisIndia) and Butterworths by an order dated 22 September 2012 issued by the District Judge of Lucknow.

As with the previous order the court held based on an illustration submitted by the Plaintiffs, that the editorial notes of law books, journals, online journals of the Plaintiffs publishing SCC exactly matched the editorial notes of the Defendants online journals. On this basis the court held that a prima facie case had been established and granted an injunction to the Plaintiffs.

22 October has been set as the date for filing the written statement and framing issues.