DON'T READ SOMEONE ELSE'S LETTERS

LIBRARY

In 2001, the widow of the writer S. Dovlatov filed a lawsuit against the publisher I. Zakharov with the Presnensky Court of Moscow to protect copyright and collect compensation for their violation. The reason for the trial was the released ...

In 2001, the widow of the writer S. Dovlatov filed a lawsuit against the publisher I. Zakharov with the Presnensky Court of Moscow to protect copyright and collect compensation for their violation. The reason for the trial was the book “S. Dovlatov - I. Efimov. Epistolary novel. The book includes S. Dovlatov's personal correspondence with the writer and publisher I. Efimov, who lives in the USA.

The story of the publication of the letters was extremely painful for the Dovlatov family, and the litigation that began included both a legal and a very important moral aspect. The will left by Dovlatov actually forbade the publication of such letters.

In a brief preface to the book, the publisher Zakharov wrote: “It’s hard to believe, but for more than two years this book could not find its publisher - many were embarrassed by the“ offensive lie about living people ”, but not to print such a brilliant book is, in my opinion, a big crime against readers.

However, the publisher is clearly cunning. In reality, the book "couldn't find its publisher" for entirely different reasons.

As you know, letters, along with drafts and diaries, are literary works and are subject to copyright. Only the author and his successors have the exclusive right to exercise or authorize the publication, reproduction and distribution of works.

Therefore, regardless of to whom the letters are addressed and in whose hands they are, their publication is possible only with the permission of the author or copyright holder.

According to the will of S. Dovlatov, who lived in the United States since the late 70s, and the decision of the court of Queens County (New York), adopted in confirmation of the will, the copyright holder and manager of the literary heritage of S. Dovlatov is his widow - E. Dovlatova.

According to the Universal Copyright Convention, to which the United States (since 1945) and Russia (since 1973) are parties, the works of US citizen S. Dovlatov are protected on the territory of Russia.

Thus, the publication of the book "S. Dovlatov - I. Efimov. An epistolary novel" could only be carried out with the permission of Dovlatov's widow.

Meanwhile, Elena Dovlatova, of course, was categorically against the publication of her husband's letters to Efimov, and both Efimov and the publisher Zakharov knew this well.

So, allowing the replication of the book, Efimov wrote in the Letter to the Russian Publisher (I. Zakharov) published in the book: “Regarding with full respect for the wishes of the Dovlatov family, we still have to take more into account the needs of the Russian reader today ... ".

Understanding the illegality of making the letters public, not a single publishing house that Efimov approached before the Zakharov publishing house agreed to publish the book.

What prompted Efimov to stubbornly seek the publication of correspondence with Dovlatov, to achieve, despite the ban on the part of the widow and under the threat of prosecution?

In the aforementioned letter to the publisher, Efimov writes: "This is Dovlatov's largest work and, in the opinion of many readers of the manuscript, the most sincere and dramatic."

It turns out that out of everything written by the outstanding writer, the author of The Zone, The Reserve and many other things, the letters to Efimov were the largest work!

It seems that in seeking the publication of the book, Efimov was guided not so much by the interests of his readers as by his own ambitions.

Today, Dovlatov is one of the most widely read modern writers, whose works are rightfully considered classics of Russian literature. Corresponding with the classic, being friends with him has always been prestigious.

After the publication of the Epistolary Novel, Efimov became a co-author of Dovlatov, which made them, as it were, equal in size.

In essence, the epistolary novel by S. Dovlatov and I. Efimov is the correspondence of a doubting artist with a pragmatic publisher.

It seems that by publishing the "Epistolary Novel", I. Efimov did not achieve the intended goal: neither the content of the book, nor the circumstances surrounding its release, do not add respect to Mr. Efimov, to put it mildly. And if after the distribution of the book he became more famous, then this fame is rather sad.

The same can be attributed to the Zakharov publishing house.

It is hard to believe that people professionally engaged in publishing were not familiar with several articles of the Law "On Copyright and Related Rights" and did not bother to turn to them even after Efimov's message about the possible ownership of the rights by the writer's widow and the claims of her lawyers.

And no, even the most ardent reader's interest can serve as an excuse for neglecting the norms of ethics, according to which it is deeply immoral to make other people's letters public, against the will of the author.

In November 2002, the claim of the writer's widow E. Dovlatova was satisfied. The publisher I. Zakharov was prohibited from replicating and distributing the book, and significant compensation was collected from him.

The cassation complaint filed by I. Zakharov with the Moscow City Court was rejected.

I. Zakharov did not commit “crimes against readers”, which is mentioned in the preface - 15,000 copies of the book “Epistolary Novel” were sold out long before the court decision.

The compensation collected from Zakharov's publisher has not yet been received by Dovlatov's widow.

In the last letter published in the book, Dovlatov wrote: “I’ll start now, but first I ask you not to give this letter to strangers ... In any case, in order to write completely openly, I need the feeling that no outsider will read this” ...