Search This Blog

Thursday, June 01, 2006


Multifesto: A Henri d'Mescan ReaderEdited by Davis Schneiderman and Phoenelia YeerSigned Limited Edition
New: 4/1/05 Spuyten Duyvil hit with cease and desist from Atom Press regarding Multifesto: A Henri d’Mescan Reader.

Yes, you read correctly. SD has been official notified of various infringements regarding our new Henri d’Mescan/Henry Mescaline project. You can read the letter below for yourself. While we don’t really have the capital to fight a protracted legal battle, our lawyers tell us that this is probably a bluff, at best…or at worst, an increasingly typical example of corporate attempts to stifle free expression. At this point, we will proceed with the publication of Multifesto, and trust that testimonials from d’Mescan himself to Atom Press will help us get this edition published.

Wish us luck!
--SD (read on...)
Jolson, Farquar, & Leech LAW OFFICES
1666 Avenue of the P-Americas • New York, NY
Re: Multifesto: A Henri d’Mecan Reader and the flagrant Misuse of Atom Press, Inc.'s Copyrighted manuscripts.

To Whom It Might Possibly Concern:

We are the multiple counsel to Atom Press, Inc. ("Atom"), the completely exclusive copyright holder and/or world licensee and/or owner and/or dispenser of all manuscripts composed in the period between 1958 and 1967 by one or several persons known as Henry Mescaline/Henri d’Mescan/David Schneiderman, originally collected, in part, in the Atom Press volume: Hallucigenome: The Henry Mescaline Reader (1964). We write concerning the proposed 2005/6 release by Spuyten Duyvil’s of Multifesto: A Henri d’Mescan Reader, which contains large amounts of documented materials under our copyright protection. Additionally, the materials authored by “Henri d’Mescan” in two other periods: 1) 1932-1952 (European editions), and 2) 1971-present, may also be subject to Atom Press copyright protection.

If “Henry Mescaline” is proven to be a pseudonym for either the WWII refugee Henri d’Mescan, or the Atom Press editor David Schneiderman, then a 1964 clause by Henry Mescaline surrendering all copyrights to “Atom Press for all production now and forever in all forms, both print, recorded, and as yet to be invented” will enter into force for all portions of the manuscripts currently in your possession. Should this be the case, handwriting and DNA test results forthcoming, the only materials in the Multifesto manuscript not under our copyright would be the editorial introductions composed by editors named Davis Schneiderman (“Davis”) and Phoenelia Yeer (“Yeer”). Yet, as Atom Press did not authorize their access to d’Mescan/Mescaline/David’s papers, we will require the transfer of all copyrights associated with these editorial introductions to Atom Press.

As we expect independent verification of the DNA and handwriting tests within a reasonable period, Spuyten Duyvil should be duly informed that it is current violation of copyright provision regarding the section of Multifesto provisionally titled, “Part II: The Un-American Years / From: Hallucigenome: The Henry Mescaline Reader (1961)” with materials excerpted from the following Henry Mescaline texts: “Introduction” to Hallucigenome: The Henry Mescaline Reader (1964),” “Spacecats of the World, Untie! (1958),” “Appendisectomy—“Appendices on November 11, 1944: The Circle” (1960),” “Tupeat, Frompeet, Repeit (1962),” and “Abecedarium: “Fex During the Occupation of France (1963),” along with, possibly, the materials from the two other periods noted above.

Any attempt to deliver any section of the infringing manuscript to consumers represents a breach of Atom’s intellectual property, as well as those of other artists and writers who in good faith transferred their copyrights to Atom. Because of the controversial materials that Atom published from 1957-1971 (at great risk to its presses and other modes of intellectual capital), in the United States, the Philippines, and a series of newly emancipated African republics, authors such as Henry Mescaline transferred their proprietary rights to their works to our company. In Mescaline’s case, surveillance by the OSS and later, the CIA, necessitated that he renounce his rights to his work since, according to stature 247, subsection 48D of the 1949 War Repatriation and Seditions Act, as an illegal alien, war-criminal, and fugitive, d’Mescan/Mescaline would retain no rights to this work upon his prosecution, deportation, or capture.

We take the trust that Mr. Mescaline placed in our offices seriously, and this we will not hesitate to subject Spuyten Duyvil to serious legal penalties for knowing violation of copyright and intellectual property law. We thus stipulate that you immediately:

Surrender all pre-production manuscripts, notes, archival materials, correspondences, and all other written, printed, and electronically produced materials between and all of the following parties: Henri d’Mescan, Henry Mescaline, David Schneiderman, Davis Schneiderman, Phoenelia Yeer, Tod Thilleman, and all other parties who have corresponded with the above in any and all mediums during the preparation, composition, and research phases of the Multifesto project. Additionally, all correspondence between Atom and Spuyten Duyvil, including this letter, should also be surrendered.

Cease and desist from any actual or intended distribution of any and all of the above, and/or the otherwise prohibited performance, publication, distributions, and/or exploitation of Multifesto and all other properties under protection by Atom.

Provide the contact information for any and all third parties who may have assisted in the pre-publication and research phases of the Multifesto project, as well as those consumers who have placed orders for advance copies of the book.
Provide notice to all publications that have recently published excerpts from the forthcoming text, including but not limited to: In Our Own Words: A Generation Defining Itself (anthology), RealPoetik, Near South, 3 AM Magazine, The Diagram, Spread, Gargoyle, Unpleasant Event Schedule, Magazine Minima, Fiction International, to the QUICK, Collage, 3rd Bed, Absinthe Literary Review,, EnterText, and Happy. These magazines, journals, and academic texts should be duly noted of the possible infringement on Spuyten Duyvil’s part.

Renounce all claims to publicity and archival materials associated with this project, and surrender all source code from Spuyten Duyvil’s web page to our offices.

Unless we receive comprehensive compliance with these stipulations, Atom will pursue all remedies allowable by law.
Jolson, Farquar, & Leech
This letter is intended primarily for the specified recipient(s). It most likely contains consequential information and may or may not be subject to the corporate-legislative privilege and other ethereal protections. If you are not a designated recipient, an actual person, or an incorporated individual, then you may not possess the ability to read, print, or fold this message. If you receive this warning in error, please notify the sender, only if you are authorized to do so, in the presence of a notary, by reply e-mail and then erase the segment of your hard drive that contains this message and all adjacent messages. Do not, under any circumstances, print and then fold the message. Thank you for your compliance.

No comments: