Posts Tagged ‘publishers’

Utah, Louisiana: censorship via private lawsuit?

American Booksellers Foundation for Free Expression:

There is a disturbing new trend in censorship legislation. Bills have been introduced in Utah and Louisiana this year that give private citizens the right to sue booksellers and other retailers for committing an “unfair” trade practice by selling “offensive” material to a minor. The defendants in these lawsuits would have to hire a lawyer to defend them and could be forced to pay thousands of dollars if they lost.

Earlier, the governor of Utah vetoed a similar measure aimed at video and game retailers.

“Website ordered to pay $125,000 over ‘haunted’ mill claim”

Melissa Duer and her husband own a property that includes the state of Ohio’s only surviving grist mill, built by her ancestor, Eli or Elias Staley. Stories that the property is haunted have circulated for many years and were relayed in the book “Weird Ohio” and on the (apparently unrelated) website Forgotten Ohio. The Duers sued the authors of book and site on the grounds that by giving publicity to the stories they had helped attract many curiosity seekers to the site, forcing the couple “to spend thousands of dollars on security measures at the mill including $35,000 for an estate dog, Duer testified at a March hearing”. A judge ruled for the book defendants, “saying those responsible for [“Weird Ohio”] did not place the Duers in a false light, had no intent of emotional distress and had not trespassed or caused anyone else to trespass on the property.” However, Columbus resident Andrew Hamilton did not respond in defense of his website Forgotten Ohio (where it looks as if the disputed passage may still be standing, in the “Clark County” section, though other accounts place the property in Miami County) and the judge awarded a default judgment against him of $125,000. The Duers’ lawyer, Jeremy Tomb of Troy, says the couple intends to appeal the judge’s ruling in favor of the book, which has dropped the Staley story from its second printing.

The damages claimed included: $1,921 for an invisible fence; $1,710 for private security; $27,606 for diminished value to the property from rumors it is haunted; $57,217 in legal fees; $6,340 in litigation expenses; and $35,000 for the dog.

Duer testified extra money was spent on the dog specially trained to be under command.

“We didn’t want just any pet or regular dog that could possibly bite people,” she said in court.

Pictures said to be of the Staley Mill appear at MillPictures.com. [Nancy Bowman, Dayton Daily News]

Corri Fetman sues Playboy

Chicago attorney Corri Fetman won a secure place in the Tasteless Lawyer-Ad Hall of Fame with her firm’s billboard showing a temptress and muscleman with the slogan: “Life’s short. Get a divorce.” She parlayed that fame into a spot as “Lawyer of Love” columnist (and subject of undressed photography) for the magazine Playboy. Now she’s suing, alleging she was sexually harassed and later deprived of her column by a lascivious executive at the publication. Her suit charges, among other things, “gender violence” and emotional distress.

Fetman lost her focus at work, grew depressed and anxious and sought medical care, [attorney Timothy] Ashe said. “Everybody has a breaking point,” he said. “She is not an overly sensitive person.”

[Chicago Tribune via Obscure Store].

CPSIA: “What’s so sad is that books aren’t dangerous”

Excellent article today on libraries, books and CPSIA in one of Texas’s leading newspapers, the Fort Worth Star-Telegram. twolittleantsIt confirms, among other things, that the big Half Price Books chain has made a policy of pulling pre-1985 books from its shelves, as well as more recent books that contain various kinds of embellishments and special features. If you happen to know an editor with the New York Times, the Chicago Tribune or one of the other big media outlets that are still utterly ignoring the crisis, this makes a good clip to send them, just to let them know that 1) what’s going on is only too real; and 2) they’re being scooped repeatedly by other journalists, just as the Boston Globe scooped them last week on the resale story.

Also on the library issue, there is good coverage in the Zanesville, Ohio Times Reporter (a disproportionate amount of the good library coverage has come from the state of Ohio, which I suspect must be a tribute to some energetic library people there). The American Library Association has a wiki reiterating (at present) that association’s advice to members not to throw out pre-1985 books: “If you feel you must remove books from circulation, please store them until rulings are clearer!”. In her latest roundup, Deputy Headmistress describes how her own local library is boxing up many books that are likely to have been printed after 1985, because their copyright date falls before then; it is a common practice for children’s books to list only a copyright date even if they were printed many years later. So at that cautious library, at least, the law’s effects are even more drastic than one might have assumed.

Darwin Central, which took out after the offending Snopes.com on the books issue a couple of weeks ago, follows up today with a post entitled, “Snopes Defending the Book Burners”. poppyseedcakeLinda L. Richards at January Magazine was among those misled by the Snopes slant. In a wide-ranging CPSIA roundup last month (worth reading in its entirety), Punditry by the Pint had wise advice: “This might be one of the cases where it would be good to read up on Snopes’ False Authority Syndrome page.” A visit to the Snopes page in question indicates that it now carries a “Last Updated” date of February 19, which indicates that it has been changed since we last had occasion to discuss it; at a brief glance, some of the dismissive language I and others found so objectionable seems no longer to be there, though it has not been replaced by language that’s actually cogent or up-to-date. Someone might want to do a before-and-after comparison using the Wayback Machine.

Also on books, children’s book author and editor Carol Baicker-McKee has a lovely followup to her excellent post of a day earlier, describing some of the kinds of older children’s books (of uncertain copyright status, too “quiet” in their themes to attract reprint interest from publishers) that might face a bleak future. She admires silhouette art, a feature of many midcentury children’s books (like the 1941 Marcella Chute volume from which this illustration is taken) but which is uncommon today.
silhouette
Baicker-McKee has devoted more thought to the economics of children’s publishing than have most of us, and she writes beautifully of what is at risk. Ed Driscoll also has some to-the-point observations at Pajamas Media, where he quotes Mark Steyn: “A nation’s collective memory is the unseen seven-eighths of the iceberg. When you sever that, what’s left just bobs around on the surface, unmoored in every sense.”

There are other news stories I haven’t gotten to — in particular, the Wall Street Journal’s important reporting on $1 billion-plus (at least) in stranded inventories, much of which may be headed for landfills, and the news of the sudden 40% drop in the stock price of well-known kids’ retailer Gymboree as it was forced to take massive inventory write-offs. I’ll have to get to those at a later date, however, as an unrelated deadline is going to be absorbing much of my attention over the next few days.

Blurbing of books possibly safe again (or not)

An update on the overreaching litigation of Dallas developer H. Walker Royall: “Prof. Richard Epstein Dismissed from Book-Blurb Libel Case, on Jurisdictional Grounds”. [Volokh, earlier here and here].

P.S. Commenter VMS points out that despite my choice of original headline, blurbing of books has by no means been made safe, since the judge dismissed Royall’s claim only on jurisdictional grounds that Epstein was not within the reach of the Texas courts. I’ve added to the post title accordingly.

CPSIA chronicles, March 3

  • There’s new blogging on the fate of pre-1985 children’s books from book restorer and conservator Javamom, Jane Badger (iBookNet, U.K.), Dillon Hillas, Wellspring Creations, and Small-Leaved Shamrock. Sorry no books todayDeputy Headmistress continues to blog the book angle intensively, as does Valerie Jacobsen (read this post in particular). Note also the comment from Nancy Welliver on her February 11 post: “We are a used curriculum and book seller. We have removed 3,500 books from our website. … until recently publishers did not put printing dates in books, only copyright dates. So a book that is copyrighted 1976 may have been printed in 1988 and therefore legal to sell, So how do we know which are printed before and which after 1985? So we have removed all books for children with copyright date 1985 and before.” There’s also a page at cpsia-central (the Ning group) on books and libraries.
  • The law is also having a major impact on sellers of new children’s books, given that the only newer books presumed safe for legal purposes without testing are completely plain books with no embellishments or non-paper features. Don’t miss the letter at Wellspring Creations from “Jackie”, who identifies herself as the manager of the children’s book section at a Half Price Books store, part of a large chain that sells publisher’s remainders and overstocks as well as used books:

    I have experienced the severity of this issue first-hand. … Initially, it didn’t seem like this would have much of an impact on the kids section, but as I went through my section pulling everything that was potentially harmful, I soon realized that this was going to decimate my section. My display tables were over halfway empty, and there were half-empty or completely empty shelves all throughout the section. … The kids cooking shelf went from being packed full to only having half a dozen books left, all because most of the cookbooks were spiral-bound with metal. …

    The day that I had to get rid of all those books was one of the roughest days I’ve ever had at work. The kids section is my pride and joy, my baby, and I had to not only watch it get torn apart- I had to do it myself. It was heartbreaking.

    The happy ending, if you want to call it that, is that eventually many or most of the new books are likely to return to the shelves after the chain puts them through testing — though it’s more likely to take such a step for a mass-selling branded item piled high on display tables than for a specialty cookbook expected to sell only in the dozens of copies. Go read the whole thing.

  • Community Homestead is a center for developmentally disabled adults in rural Wisconsin that has sold residents’ handcraft toys. Its CPSIA story is here.
  • Dust-ups in comments sections are not my thing, but some people enjoy them, and they keep breaking out on the occasions when someone still attempts an aggressive defense of this bad law. Thus when the Chicago Daily Herald printed a letter from Alexandra Lozanoff of the Illinois Public Interest Research Group (PIRG) yesterday rhapsodizing about the law, numerous commenters jumped in to express rather sharp disagreement. A state legislator in Orangeburg, South Carolina put her name to a piece in the local paper attacking Sen. Jim DeMint for sponsoring CPSIA reform, provoking dozens of comments, most taking issue. The Natural Resources Defense Council, which is invested in defending CPSIA in part because of the law’s phthalates ban, ran an ill-informed piece pretentiously titled “The Artisan Toymaker’s CPSIA Exemption Guide” and was promptly spanked by knowledgeable commenters, a fate that also befell the left-leaning crew at Moms Rising. The lengthy comments section on John Holbo’s thoughtful followup post at Crooked Timber presented the spectacle of one agitated and flailing defender of the law pretty much surrounded by people trying to talk sense into him. Someone adopting the monicker “Civil Justice” wandered into the Etsy forums to push Lawsuit Lobby views and was not met with pleasure by the assembled crafters, an episode which may be related to the one already told about how the misnamed Center for Justice and Democracy, a group with views antipodal to our own, suggested that we all were insensitive to children’s health and then refused to let any letters from critics through moderation, claiming to feel threatened by the letters’ tone (examples of the sorts of letter CJD found too intimidating in tone to run: Mark Riffey, Olivia @ BabyCandyStore). Some other previously linked comments discussions: The Pump Handle (profoundly misguided contributor corrected by Deputy Headmistress, Kathleen Fasanella, etc.), Consumer Reports, Greco Woodcrafting (Public Citizen’s David Arkush vs. the world), and, of course, Justinian Lane.
  • G-O-O-D-B-Y-E B-O-O-K-S

  • Even a casual acquaintance with CPSIA blogging is enough to show that homeschooling parents have taken an extraordinary role in leading the resistance to the law. Bloggers like CalifMom have predicted that the law will have numerous harmful impacts on homeschoolers, and homeschool curriculum suppliers such as Hands and Hearts History Discovery Kits and Hope Chest Legacy have already closed down because of the impracticability of compliance. So it’s unfortunate that the Home School Legal Defense Association (HSLDA) seems to have so little clue what’s going on.

CPSIA: “Books, left out at the curb…”

Bedtime without books
Cecilia Leibovitz in our comments section:

Today I noticed a small box of books that had been left out at the curb of a thrift shop here in Vermont. All but two were children’s books printed prior to 1985.

Feel free in comments to add your sightings, positive or negative, of what is happening in the world of kids’ resale. (More: Bookseller Nora O’Neill took six boxes’ worth of kids’ books off the shelves in her store, retail value $2,500, and is not happy about that: “Yes, Alexander, it is a Terrible, Horrible, No Good, Very Bad Day.” She also has an earlier post).

Some reactions to my coverage of the threat to pre-1985 kids’ books, both at this site and in my new opinion piece at City Journal: famed sci-fi writer Jerry Pournelle (scroll to Feb. 12), Justin Taylor/Between Two Worlds, Series Books for Girls, Liberty Maven/DownsizeDC, Melissa Wiley, The Catholic Bubble, Carter Wood/ShopFloor, and Ella’s Deli. I also got a very nice note from Michael S. Hart, founder of old-text-preservation volunteer group Project Gutenberg, one of my favorite things about the Internet. And if you haven’t read Mark Bennett’s post at Defending People, linked earlier, go do so. (More: Dilettante’s Dilemma, Jeff Sypeck (test, toss, or evade?), Todd Seavey, International House of Bacon (“Again — the single worst piece of regulation in my lifetime”)).

Adapting a theme taken up by Deputy Headmistress, Love2Learn Blog has started a meme of “My Five Favorite Endangered Books” at risk of disappearing from the market under CPSIA. She makes the important point that even when pre-1985 children’s literature remains available in post-1985 reprint editions, the physical quality is often not the same: in many cases binding and paper quality is lesser, color illustrations missing or shrunken or rendered only in black and white, all of which can rob the works of their original magic. Wikipedia’s “Illustration” article is worth a look. Commenters at Common Room also suggest one group of public figures who might be prevailed upon to speak out against what the law is doing: namely, living authors of pre-1985 (and out-of-print/oop) kids’ books. It’s a group that would include some fairly big names and might get noticed in the press.

Public domain graphic: Grandma’s Graphics, Mabel Betsy Hill.

November 29 roundup