Buzz
A book's exterior can be misleading; often, the real story unfolds in a courtroom.
1. Harper Lee vs. Samuel Pinkus
In To Kill a Mockingbird, Atticus Finch defends a hopeless case, telling Scout, "Simply because we were licked a hundred years before we started is no reason for us not to try to win." Now, at 87, Harper Lee is embroiled in her own legal struggle. Lee alleges she was tricked into transferring her novel's copyright to her agent, Samuel Pinkus, following a stroke in 2007. Although she reclaimed the rights last year, she is now suing Pinkus for the ongoing royalties he continues to receive. A key legal tip: Consider, WWAFD?
2. Darla Yoos, Edwin McCall, and Kerry Levine vs. PublishAmerica
Writer's block isn't just about ideas; it's also about getting your published book noticed. In June 2012, three authors initiated a class action lawsuit against PublishAmerica, a print-on-demand company, accusing it of deceptive trade practices. The plaintiffs argue that the Maryland-based firm, though posing as a traditional publisher, operates as a vanity press. Beyond misrepresenting its services and failing to promote book sales, the lawsuit alleges that published works are riddled with errors, which PublishAmerica only fixes if authors pay additional fees. Such practices are enough to frustrate any avid reader.
3. Ablene Cooper vs. Kathryn Stockett
In The Help, a young journalist pens a story about the racial struggles of black maids serving white families in the 1960s. Kathryn Stockett's 2009 novel and its 2011 film adaptation, while not as revolutionary as the fictional book within the story, sparked significant controversy. Stockett admitted that some residents of Jackson, Mississippi, were displeased with her work. Among them is Ablene Cooper, a 60-year-old maid who alleges that the character Aibileen Clark is an unauthorized use of her name and likeness. She is seeking $75,000 in damages from Stockett. Adding a twist to the tale, Cooper happens to be the maid for Stockett's older brother and sister-in-law. Is this a case of life imitating art, or vice versa?
4. Faulkner Literary Rights LLC vs. Sony
Critics and audiences were equally charmed by the fictional depictions of F. Scott Fitzgerald, Ernest Hemingway, and other Jazz Age authors in Woody Allen's whimsical romantic comedy Midnight in Paris. Meanwhile, William Faulkner's estate was busy drafting his latest work, As I Lay Suing. In 2012, Faulkner Literary Rights, LLC filed a lawsuit against Sony for copyright infringement, alleging that the studio failed to secure permission for the character Gil Pender (Owen Wilson) to reference Faulkner. The contentious lines from the film: "The past is not dead! Actually, it's not even past. You know who said that? Faulkner. And he was right. And I met him, too. I ran into him at a dinner party." These echo Faulkner's original words in Requiem for a Nun: "The past is never dead. It’s not even past." Sony argued the quote fell under fair use and dismissed the lawsuit as baseless.
5. Charles Harris vs. Oprah
An endorsement from Oprah can skyrocket a career. Charles Harris hoped for such a boost when he mailed his pamphlet, "How America Elects Her Presidents," to the talk show host in 2008. While he never made it to Oprah's couch, he did end up in a courtroom after Oprah used a question from his pamphlet in a segment about children who excel in presidential trivia. Oprah's legal team demonstrated that only one question matched Harris's wording exactly. The $100 million lawsuit was thrown out when the judge ruled that presidential trivia cannot be copyrighted. Imagine the implications for mental_floss if it were!
6. Michelle Reinhart and Jean Price vs. Greg Mortenson
Ever felt cheated when a book doesn't deliver on its promises? If the author commits fraud or engages in racketeering, you might have legal grounds. Two Montana lawmakers initiated a class action lawsuit against Greg Mortenson, author of Three Cups of Tea, following allegations that the charitable deeds described in his best-selling non-fiction book were fabricated. Since its 2006 release, the book has sold over four million copies, with proceeds benefiting Mortenson's Central Asia Institute. Although the lawsuit was eventually dismissed, similar cases have seen different outcomes. In 2007, Random House settled a class action lawsuit over James Frey's A Million Little Pieces, refunding nearly $30,000 to readers who purchased the book before Frey admitted to fictionalizing parts of it.
7. J.D. Salinger vs. John David California
J.D. Salinger, known for his reclusive and combative nature, became the subject of a legal battle in 2009. Swedish author Fredrik Colting, writing under the pseudonym John David California, penned a sequel titled 60 Years Later: Coming Through the Rye, imagining Holden Caulfield fleeing a New York retirement home. Almost immediately, Salinger filed a lawsuit, arguing that the work was neither a parody nor a commentary on the original. The case also raised questions about whether Holden Caulfield could be copyrighted. The dispute was resolved in 2011 when Colting agreed not to distribute the book in the U.S. or Canada until The Catcher in the Rye enters the public domain. Additionally, Colting had to alter the title and abandon plans to dedicate the book to Salinger.
8. Patrick White vs. Jay-Z
Jay-Z may have 99 problems, but this lawsuit didn’t stick. In June 2012, Patrick White alleged that content from his stolen laptop was plagiarized in Jay-Z’s 2010 book Decoded, which features the rapper’s lyrics and their backstories. The issue? Jay-Z’s authorship of the lyrics is undisputed. Despite this, White sued for copyright infringement, invasion of privacy, and a share of the book’s profits. Needless to say, his case didn’t hold up.
