The American Booksellers Foundation for Free Expression is now
accepting orders for material for Banned Books Week 1999 (September 25-October 2) through
its web site, www.abffe.com. Banned Books Week kits are
automatically sent to ABFFE members in early September. But you will still want to visit
the site to look at the special T-shirt that ABFFE has created for Banned Books Week based
on last year's hit film "Pleasantville." In the movie, citizens of
Pleasantville, upset by changes occurring in their town, attack the library and burn
books. An artist protests by painting a mural depicting the book burning. The ABFFE
"Pleasantville" T-shirt feature art from the mural, which was painted by noted
Los Angeles artist Frank Romero.
Pleasantville T-shirts and additional
Banned Books Week material can also be ordered from ABFFE by telephone, fax and mail. The
August 9 issue of "Bookselling This Week" will contain an order form.
ABFFE Fights Dustin Hoffman
Over Expansion of Publicity Rights
Nobody would deny that celebrities have a
right to prevent unauthorized commercial exploitation of their name or likeness. But, as
recent events in California have shown, the so-called "right of publicity" can
come into conflict with the First Amendment and even threaten booksellers.
ABFFE has recently taken sides against the
actor Dustin Hoffman in a case he brought against "L.A. Magazine" over the use
of his image in a fashion article. The article used digital wizardry to put a new dress on
Hoffman's character Dorothy from the film, "Tootsie." Hoffman contends the
picture was a commercial use of his image. The magazine argued that the image appeared in
an article, not an advertisement, and is therefore protected by the First Amendment. ABFFE
joined an amicus brief filed by newspaper and magazine publishers who are worried that the
case will widen the right of publicity, giving stars unwarranted leverage over editorial
content. The Association of American Publishers also joined the brief.
California Bill Gives
Families of Dead Celebrities Power Over Portrayals
As if to underline the danger of an expanded
right of publicity, the California Senate has approved a bill that gives the families of
deceased celebrities more control over the use of their names and images.
ABFFE has joined those opposing the bill
because it creates the possibility that a bookseller could be dragged into a lawsuit filed
by the family of a dead celebrity that is unhappy with the way their relative has been
portrayed in a biography or even a work of historical fiction. Until now, literary works
have been exempt from laws protecting "the right of publicity," which gives
celebrity families the right to control the use of the deceased's name, voice, signature,
photograph or likeness. However, S.B. 209 eliminates the explicit exemption of literary
works in favor of a vague guarantee of First Amendment rights, which will probably
encourage many lawsuits. Although publishers would be the main targets of these suits,
booksellers are likely to be dragged in as well and could be forced to pay monetary
damages. It doesn't even matter that they did not know that they were doing anything
wrong.
Both AAP and PEN American Center have
announced their opposition to S.B. 209. PEN's statement was signed by 19 of the nation's
leading writers, including Edward Albee, Paul Auster, Russell Banks, Judy Blume, Ron
Chernow, Don DeLillo, Jamaica Kincaid, Arthur Miller, Susuan Sontag, William Styron and
Amy Tan.
S.B. 209 is now being considered by the
Assembly. California booksellers who have not contacted their Assembly member are urged to
do so as soon as possible. For more information, contact Chris Finan, 212/587-4025, cfinan@bookweb.org.
ABFFE to Undertake Strategic
Planning Process
Hoping to build on recent gains, ABFFE will
soon begin a strategic planning process similar to the one that has reshaped the American
Booksellers Association. Recent gains in membership and the success of ABFFE's first
online auction in April have demonstrated a potential for growth. The plan will provide
strategies to encourage growth and ensure that booksellers remain in the forefront of
those defending First Amendment rights. ABFFE's strategic planning process will be led by
Suzanne M. Welsh, a former bookseller from Mansfield, Ohio, who has served on the board of
the Great Lakes Booksellers Association. Welsh worked as a senior marketing manager at
Ingram Book Company until resigning earlier this year to establish her own consulting
business in Cleveland. She has previously prepared strategic plans for the Junior
League of Cleveland and the YWCA of Mansfield.
Suzanne Welsh Joins ABFFE as
Director of Special Projects
Welsh is also joining the staff of ABFFE.
She will serve as director of special projects, which will give her responsibilities
relating to fund development, marketing and communication. Her primary responsibility will
be overseeing ABFFE's auctions, both the Silent Auction at BookExpo America and its online
auctions. Welsh was hired to replace Audrey Eisman, the Silent Auction manager since 1994,
when she was named the ABA's Marketing and Education Coordinator.
Reminder: Titles Sought for
ABFFE Violence Reading List
ABFFE members have made several good
suggestions for titles to include on its projected "Selected Reading List on Violence
and Youth," which will be distributed to booksellers soon. If you have a suggestion,
please call Chris Finan, (212) 587-4025. You can also reach him by e-mail, cfinan@bookweb.org, or fax, (212) 587-2436.
Previously in ABFFE Update
