IPR Posts

Dom Moraes “Gone Away: An Indian Journal”

Much of Dom Moraes’s literary output is being made available by Speaking Tiger Books in collaboration with the writer’s literary estate whose executor is Sarayu Ahuja. As a result in recent years, a number of books by Moraes that were not easily available have been republished as affordable editions. A fabulous initiative to resurrect the writings of a prolific poet, writer, traveller and memorist.

“Gone Away” is part of the trilogy of autobiographies written by Dom Moraes. The publishers prefer to describe it as an “unconventional travelogue”. Whatever the descriptor used, this is a book not easily classified. Suffice it to say it is a fabulous testimony of a young man recently returned to India from Oxbridge. Moraes spends three months wandering the subcontinent for a large part accompanied by writer Ved Mehta. These three months prove to be significant in the history of the region. Moraes interviews the first prime minister of India, Jawaharlal Nehru; he meets the young Dalai Lama who was still unable to speak fluent English as he does now but his signature laugh was memorable even then for Moraes to remark upon it; he visits Nepal and stays in the Rana’s palace where wild Himalayan bears roam the corridors much to the horror of Ved Mehta and Dom Moraes:

***

We sank into a sofa and the servants disappeared. We heard voices in the distance
‘I expect someone will come for us,’ I said.
At this point I became aware of an enormous Himalayan bear crouched next to the sofa. It glowered at me. I gasped.
‘Now what is it?’
‘There is a bear next to us. It must,’ I added, groping for common sense, ‘be stuffed.’
‘Honestly, Dommie, I know you have a fantasy life, but what do you think? Have you ever known anybody who kept a live bear in their drawing room?’
‘I only wondered,’ I was beginning lamely, when the bear rose, snarled at us, and shambled loosely out through the farther door.

( Later while exchanging pleasantries with their host’s wife, the general’s wife, the Rani with a soft, calming, dreaming voice, Moraes thought it prudent to mention the bear. )

…I even forgot the bear for a few minutes. Then I felt I should mention it.
‘There was a bear here a few minutes ago,’ I said, feeling idiotic.
‘Ah yes,’ said the Rani family. ‘Which bear?’
‘You have several?’
‘Oh yes. That is one thing you must be careful about: don’t go out at night; they don’t see very well in the dark, and they might not know you were guests.’

****

Another memorable incident, gut wrenching in fact, was the meeting arranged for Ved Mehta and Dom Moraes to meet the famous Nepali poet, Devkota, who was dying from cancer. The locals had a ritual that when a person was dying, he would be taken to the Pashupatinath Temple ghats, on the banks of the river Basumati, where the person would breathe his last. The account of three prominent and young writers of the subcontinent under these strange circumstances is very, very moving. Devkota was only 49. Even on his deathbed, Devkota’s hands were turning cold as was his forehead, covered by a dirty bed sheet that would later serve as his shroud, was pleased to meet the two writers. Moraes and Devkota were able to briefly converse about poetry, the merits of translation and recite some poetry.

***
‘The face that we saw was a mask, with thick dark hair drooping dryly above. Beneath the hair was a fine forehead, with large eyes that opened a little to look at us. Below the eyes the face had fallen in: the cheeks like craters, the lips sunken and wrinkled like a very old man’s. But from under the dirty sheet two long hands projected from stalklike, sand-coloured arms, crept slowly together, and made the namaskar.

One thin hand groped painfully over the mattress towards us.
I grasped the hand in both mine and squeezed it. It was very cold and dry. There was a long pause. Then the mouth unpuckered from its creases of pain. Very slowly, groping and whistling, it said: ‘Cosmic conflagration …’

The poets chatted some more before Dom Moraes closed the conversation by reciting Edna St Vincent Millay’s ‘For Any Dying Poet’:

Time cannot pluck the bird’s wing from the bird.
Bird and wing together
Go down, one feather.
No thing that ever flew,
Not the lark, not you,
Can die as others do

****
There are many more accounts in the book of Dom Moraes meeting prominent diplomats, politicians, writers and artists such as Malcolm MacDonald, Jayaprakash Narayan, Han Suyin, M F Hussain, Nirad Chaudhuri, Kishen Khanna, Buddhadeva Bose, Jamini Roy et al. Moraes also managed to reach Sikkim when the Chinese were closing in on the border. There is so much of rhe subcontinent’s socio-cultural history to soak up. The historical incidents and famous people are easily recalled from textbooks but to read this first hand experience is something special.

Do read. 

2 August 2020

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 

PubSpeak: Total Recall

PubSpeak: Total Recall

My column, “PubSpeak”, in BusinessWorld online focuses on the Wendy Doniger book controversy. Here is the url to it:   http://businessworld.in/news/economy/total-recall/1266222/page-1.html   . ) 

Jaya Bhattacharji Rose On 11 February, Penguin Books India reached a compromise drawn up in a Delhi Court that insisted it cease the publication and sale of American Indologist, Wendy Doniger’s book The Hindus: An Alternative History in India within six months. Dina Nath Batra of Shiksha Bachao Andolan Samitri had filed a civil suit against the publishers to withdraw from circulation all copies. Given that Batra had filed the case four years ago and it was still subjudice, the news of this compromise spread like wildfire. Later that day, Doniger issued a press statement “I was, of course, angry and disappointed to see this happen, and I am deeply troubled by what it foretells for free speech in India in the present, and steadily worsening, political climate. And as a publisher’s daughter, I particularly wince at the knowledge that the existing books (unless they are bought out quickly by people intrigued by all the brouhaha) will be pulped. But I do not blame Penguin Books, India. Other publishers have just quietly withdrawn other books without making the effort that Penguin made to save this book. Penguin, India, took this book on knowing that it would stir anger in the Hindutva ranks, and they defended it in the courts for four years, both as a civil and as a criminal suit. They were finally defeated by the true villain of this piece — the Indian law that makes it a criminal rather than civil offense to publish a book that offends any Hindu, a law that jeopardises the physical safety of any publisher, no matter how ludicrous the accusation brought against a book.”Wendy Doniger

PBI logoPenguin Books India released a statement on 14 February stating “a publishing company has the same obligation as any other organisation to respect the laws of the land in which it operates, however intolerant and restrictive those laws may be. We also have a moral responsibility to protect our employees against threats and harassment where we can…. The settlement reached this week brings to a close a four year legal process in which Penguin has defended the publication of the Indian edition of The Hindus by Wendy Doniger. We have published, in succession, hardcover, paperback and e-book editions of the title. International editions of the book remain available physically and digitally to Indian readers who still wish to purchase it.”

What followed the announcement perhaps was only a natural outcome given the speed at which social media helps communicate information. There was public outrage at this development— newspapers, print, digital, and, of course, social media forums. A number of commentators, journalists, and even Penguin authors wrote passionately against Penguin Book India’s decision to destroy the book. Arundhati Roy in an open letter spoke of her distress and said “You owe us, your writers an explanation at the very least”. Nilanjana Roy, author and member of PEN Delhi wrote on censorship and how to remain free; Jakob de Roover in an outstanding essay “Untangling the Knot” discussed the complexities of governance, judiciary and free speech; journalist Salil Tripathi commented perceptively on the issue on many platforms ; Stephen Alter wrote, “Both as a writer and as a reader, I am deeply offended that anyone should dictate what I may read or write”; Penguin author and essayist, Amit Chaudhuri reiterated that “It’s important that the law protect all texts”; and Antara Dev Sen, Editor, The Little Magazine, wrote that the Indian Penal Code “Section 295A targets ‘deliberate and malicious acts (which include speech, writings or signs) intended to outrage religious feelings of any class by insulting its religion or religious beliefs’. In an age of identity politics and hurt sentiments, this has been used frequently by politically motivated people to stifle free speech. But back in 1957, the Supreme Court had ruled that only when there is a ‘deliberate and malicious intention of outraging religious feelings’ is it an offence under this law. Higher courts in India have consistently ruled in favour of freedom of speech and have protected books and people hauled to court under this law.”

In fact, two Penguin authors, Siddharth Varadarajan and Jyotirmaya Sharma, asked for their contracts to be terminated. Another Penguin author, Arshia Sattar (who has translated Valmiki’s Ramayana and the Kathasaritsagara from Sanskrit to English) expressed her dismay at the “complete capitulation” of the firm and how her “pride and that faith has been shaken…of being with a publishing house that protected its people and the books they wrote”.

A counter legal initiative perhaps was expected. According to the website, Legally India, advocate Lawrence Liang, part of the Bangalore-based Alternative Law Forum, has issued a 30-paragraph legal notice to Penguin India, claiming that the publisher has violated freedom of speech laws and readers’ rights by agreeing to destroy all copies of Wendy Doniger’s book ‘The Hindus’. The notice sent on behalf of Liang’s clients, Shuddhabrata Sengupta and Aarthi Sethi, argues that because Penguin has agreed to withdraw the book from India and destroy all copies, after a legal dispute with a religious group, it has “effectively acknowledged that it is no longer interested in exercising” its ownership in the work and should surrender its copyright to the Indian public. Sengupta is a Delhi-based artist and writer, while Sethi is an anthropologist with a “deep interest in Hindu philosophy”, according to the legal notice. Both are “avid bibliophiles” and were apparently “delighted” when Penguin published Doniger’s book, “and as people who have closely followed the scholarly contributions of the said author they regard this book to be a significant contribution to the study of Hinduism. They consider Ms Doniger’s translations of Indian classical texts and her work on various facets of Hinduism from morality in the Mahabharata to the erotic history of Hinduism as an inspiration for their own intellectual pursuits.”

At the recent Globalocal event (German Book Office, New Delhi’s annual B2B conference on publishing), a regional language publisher wondered if it was possible for any other publisher to option this book and publish it, after all it has not been legally banned in this territory. Echoing this sentiment, Shamnad Basheer, IPR lawyer, writing in Spicy IP, reflected upon the pros and cons of compulsory licensing, and whether it was possible if a publisher decides to stop publication, one could apply for a compulsory license.

Globally Penguin has been in the news related to their peripheral businesses and their merger with Random House. In 2012, Pearson PLC (of which Penguin Books India is a part of) acquired the self-publishing firm, Author Solutions, for $116 million. But in 2013, this deal soured as a number of disgruntled authors filed lawsuits against Author Solutions for its poor service. In the landmark case pertaining to ebooks and agency pricing, in April 2012, the US Department of Justice sued Apple and five publishers, including Penguin, for conspiring to raise prices and restrain competition. This was done after Amazon filed a complaint with the Federal Trade Commission. In 2013, Penguin was obliged to pay $75 million. George Packer observes in the New Yorker, “an enormous sum in a business that has always struggled to maintain respectable profit margins”. On 1 July 2013, the global merger between Penguin Books and Random House was announced. It was a strategic alliance, forged as a response to the growing presence of Amazon in the publishing industry. The formation of Penguin Random House (PRH) has created a group that has 25 per cent of the market share. A merger comes at a cost of resources that have to be taken into account for the new firm to begin work on a strong footing.

In Oct 2013, Penguin Random House announced the completion of its purchase of Ananda Publishers Private Limited’s minority stake in Penguin Books India. It plans to invest Rs 55 crore or $8.6 million for this stake buy. As banker-turned-author Ravi Subramanian, with whom in June 2013 Penguin Books India signed a two-book deal worth an estimated Rs 1.25 crore (approx $210,700) wrote on his blog with respect to Doniger’s case, “publishing is a business”. For any firm, particularly in publishing, this is a lot of money being moved around its balance sheets.  Naturally the ripple effect of these financial adjustments will be felt even in the local markets—it is like conducting business in a global village where in the context of a globally contacted world, the minimum consumption that people desire is also influenced by what is going on elsewhere.

Similarly, with the Doniger case, Penguin Books India has probably taken an informed business decision, based upon a global strategy when it signed this deal on 11 February, in order to preserve a healthy English-language publishing market in India.

Chiki Sarkar, Publisher, Penguin Books India, in a guest blog post in 2012 during the Banned Books week, had this to say: “Injunctions make things costly, time consuming, and take our energies away from the work we are really meant to do. And so we try and avoid them as much as possible. Apart from the fact that we don’t fight hard enough for them, I wonder whether it means we impose a kind of self-censorship on ourselves.”

Ironically this latest controversy broke exactly twenty-five years after the fatwa was issued against Salman Rushdie for his ‘Satanic Verses’ published by Penguin. At the time, his publishers stood by him and did not pulp the book. The fact is publishing is a business that is built upon the creative energies and emotions of people. India is also a functioning democracy. Freedom of speech is the right of every citizen. With the General Elections less than a hundred days away, the need for openness, frank conversations without any inhibitions, and certainly not a capitulation to any ideological position is imperative.

Scholar-journalist and historian Mukul Kesavan points out that that selling books is not like selling any other commodity. Publishers have moral responsibility and a publisher voluntarily agreeing to withdraw a book has previously been challenged with the case of James Laine’s book on Shivaji in 2007. Oxford University Press voluntarily agreed to withdraw the book. An FIR was issued against the publisher and printer of the book in Pune (one charge, under Section 153 A, was ‘inciting class hatred’) and the printer was actually arrested. When the case (‘Manzar Sayeed Khan vs State Of Maharashtra, 2007’) came up before the Supreme Court, however, the government of Maharashtra’s case against the author and the publisher of the book was found to be wanting. So, there is a precedent by the Supreme Court to rule in favour of free speech.

Nevertheless, the Wendy Doniger book controversy raises a bunch of issues pertaining to the publishing industry. Questions about legislation and the freedom of speech, what are the ethics involved in publishing, do readers and authors have a right that they can exercise, what does it mean for licensing, do possibilities exist in a mixed environment of digital and print publishing such as do readers have a choice?

Finally does this self-censorship by a publishing firm mean an inadvertent promotion for self-publishing, encouraging authors to be responsible for their books completely? Interestingly in a space of less than six weeks I have heard John Makinson, CEO, Penguin Random House and Jon Fine, Director, Author & Publishing Relations, Amazon talk about their publishing businesses and both have stressed upon the importance of discoverability of an author. This controversy could not have come at a better time for Doniger and even Penguin. They have achieved the Streisand effect whereby in an attempt to censor a piece of information, it has had the unintended consequence of publicising the information more widely. It has achieved what no PR could have—a boost in sales.

21 Feb 2014 

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