Faulkner estate sues over quotes in Woody Allen film & Washington Post ad!

 

My Comments:

 

Whether these lawsuits by the heirs of the Nobel Prize for Literature winner and two-time Pulitzer awardee poet/novelist William Faulkner (1897-1961) are legally valid or not is, I believe, besides the point. For a writer like me, what is more interesting is that these news reports will hopefully encourage more people to be curious about the great literary writer William Faulkner and his works.

 

William Faulkner was one of the greatest writers of the 20th century, a giant of the U.S. south.

 

Let us read these literary masterpieces:

 

The Sound and the Fury

 

As I Lay Dying

 

Absalom, Absalom!

 

 

 

Here is one of Faulkner's interesting quotes: 
"It's a shame that the only thing a man can do for eight hours a day is work. He can't eat for eight hours; he can't drink for eight hours; he can't make love for eight hours. The only thing a man can do for eight hours is work."

 

– William Faulkner

 

 

 

Here is a news report about the hullabaloo...

 

Oct 30, 2012 3:51 AM Updated: Oct 30, 2012 7:52 AM

 

By JEFF AMY

Associated Press

JACKSON, Miss. (AP) - William Faulkner wrote that the past is never dead. His heirs say their copyright to that phrase is very much alive.

The author's literary estate is suing Sony Pictures Classics for using a paraphrase of the line in Woody Allen's 2011 film, "Midnight in Paris." It's also suing Northrop Grumman Corp. and The Washington Post Co. for using another Faulkner quote in a newspaper ad by the defense contractor.

The first lawsuit, filed Thursday in federal court in Oxford, Miss., says Sony infringed on the copyright when actor Owen Wilson slightly misquoted the line from Faulkner's "Requiem for a Nun." He said, "The past is not dead! Actually, it's not even past."

The second lawsuit, filed Friday in Jackson, Miss., makes similar claims about the ad, which used a passage from a 1956 essay Faulkner wrote in Harper's Magazine. The quote, which says in part "We must be free not because we claim freedom, but because we practice it," was the conclusion to an essay criticizing the South's response to school integration.

Sony says the quote is "fair use," a legal term meaning the user doesn't have to license or pay for it.

"This is a frivolous lawsuit and we are confident we will prevail in defending it," a Sony Pictures spokeswoman said in a written statement.

Northrop Grumman declined comment. The Washington Post did not return a phone call Monday.

David Olson, a Boston College law professor who specializes in patent law and copyright, said he agrees that the estate is over-reaching legally.

Lee Caplin, who represents the estate, disagrees. He said these are the first lawsuits it has ever filed. Caplin said that the estate recently licensed a quote to the sitcom "Modern Family." He contrasted that to Allen's use of the quote in the movie.

"He just wanted to kind of take it and he felt entitled," Caplin said of Allen.

Caplin said the suit is not a "money grab." He said Sony was dismissive of his attempts to license the quote after the movie came out.

Under the fair use principle, people can take and reuse part of a copyrighted book, song or movie without permission. Generally, excepts can be used if they're short and if they're part of a new artistic work, scholarly work or a parody. Noncommercial uses are generally more permissible, Olson said.

"If it's for a commercial use, they do have to pay for it," Caplin said.

Olson, though, said that's a flawed understanding of copyright law.

"Commercial use isn't presumptively unfair," he said. He said no one watches "Midnight in Paris" as a substitute for buying "Requiem for a Nun."

"The Faulkner estate's interest is not being harmed in any way," Olson said. "If anything it draws a little more interest."

Caplin argued that even though the movie snippet is short, it's a key summing-up of the whole film, and that Allen took it because Faulkner said it better.

"This is Mr. Faulkner's most famous quote," Caplin said.

In the Northrop case, Caplin said he's not sure the heirs would have wanted Faulkner's name to be associated with an arms manufacturer.

Olson said the Northrop case may be stronger, but he fears that authors are using copyright to limit the political context in which works are quoted or used.

Olson said some estates are zealous about enforcing copyright, to increase revenue or limit discussions that

heirs find disagreeable. The suits could just be warning shots by the estate to other users.

"Part of what they could be doing is just trying to get the word out," Olson said.

Congratulations to Asia and to China

writer Mo Yan wins 2012 Nobel Prize for Literature

Asia is rising not only economically, but hopefully also culturally. 

Chinese author Mo Yan has just won the 2012 Nobel Prize for Literature! 

The Nobel Prize is worth around US$1.2 million, but this achievement is priceless for the writer and for all of us Asians.. 

(Below is illustration of author Mo Yan by Adolfo Arranz from the October 13, 2012 article of Hong Kong's South China Morning Post on his forthcoming four new works http://www.scmp.com/news/china/article/1059912/new-books-way-nobel-laureate-mo-yan) 

(Below is DVD of director Zhang Yimou's first and award-winning 1987 movie Red Sorghum, based on a novel by Mo Yan and also  starring the actress Gong Li. The movie won the prestigious Golden Bear Award for best film at the 1988 Berlin International Film Festival )

The Swedish Academy’s official announcement read, “Through a mixture of fantasy and reality, historical and social perspectives, Mo Yan has created a world reminiscent in its complexity of those in the writings of William Faulkner and Gabriel García Márquez, at the same time finding a departure point in old Chinese literature and in oral tradition.”

(Below images of writers Gabriel Garcia Marquez and William Faulkner)

As an aspiring literary writer who used to write poetry as a student, who penned two unpublished novellas and other works, and as an ethnic Chinese born and raised in the Philippines of which I am its citizen, as an Asian and as a lover of books and literature, I congratulate  the 57-year-old writer Mo Yan for winning the 2012 Nobel Prize for Literature.

  

CHINA DAILY / REUTERS

Chinese writer Mo Yan smiles during an interview at his house in Beijing

Below is video of writers celebrating the win of the Chinese author.... 

Chinese author Mo Yan wins Nobel Prize for Literature

Chinese author Mo Yan has been awarded the 2012 Nobel Prize for literature.

By British Broadcasting Corporation (BBC) October 11, 2012

A prolific author, Mo has published dozens of short stories, with his first work published in 1981.

The Swedish Academy praised his work which "with hallucinatory realism merges folk tales, history and the contemporary".

The 57-year-old is the first Chinese resident to win the prize. Chinese-born Gao Xingjian was honoured in 2000, but is a French citizen.

Mo is the 109th recipient of the prestigious prize, won last year by Swedish poet Tomas Transtroemer.

Presented by the Nobel Foundation, the award - only given to living writers - is worth 8 million kronor (£741,000).

"He has such a unique way of writing. If you read half a page of Mo Yan you immediately recognise it as him," said Peter Englund, head of the Academy.

He said Mo had been told of the award, adding: "He was at home with his dad. He said he was overjoyed and terrified."

Born Guan Moye, the author writes under the pen name Mo Yan, which means "don't speak" in Chinese.

He began writing while a soldier in the People's Liberation Army (PLA) and received international fame in 1987 for Red Sorghum: A Novel of China.

Made into a film which won the Golden Bear at the Berlin Film Festival in 1988, the novella was a tale of the brutal violence in the eastern China countryside, where he grew up, during the 1920s and 1930s.

Mo Yan "merges folk tales, history, and the contemporary", said Secretary of the Swedish Academy, Peter Englund, announcing the award

Favouring to write about China's past rather than contemporary issues, the settings for Mo's works range from the 1911 revolution, Japan's wartime invasion and Mao Zedong's Cultural Revolution.

"He has a very impressive oeuvre," Michel Hockx, Professor of Chinese at the University of London, said.

"He has a large readership and he addresses the human condition in a way in which the Nobel Committee likes to see."

Mo's other acclaimed works include Republic of Wine, Life And Death Are Wearing Me Out and Big Breasts and Wide Hips.

The latter book caused controversy when it was published in 1995 for its sexual content and depicting a class struggle contrary to the Chinese Communist Party line.

The author was forced by the PLA to withdraw it from publication although it was pirated many times.

After it was translated into English a decade later, the book won him a nomination for the Man Asian Literary Prize.

Chinese people react to the news that writer Mo Yan has won the 2012 Nobel Prize for literature

Despite his social criticism Mo is seen in his homeland as one of the foremost contemporary authors, however critics have accused him of being too close to the Communist Party.

"A writer should express criticism and indignation at the dark side of society and the ugliness of human nature," the author said in a speech at the Frankfurt Book Fair in 2009.

"Some may want to shout on the street, but we should tolerate those who hide in their rooms and use literature to voice their opinions."

His latest novel, Frog, about China's "one child" population control policy, won the Mao Dun Literature Prize - one of his country's most prestigious literature prizes - last year.

Mo and the other Nobel laureates for medicine, physics, chemistry and peace, will receive their prizes at formal ceremonies in Stockholm and Oslo on 10 December - the anniversary of the death of prize creator Alfred Nobel in 1896.