Thursday, March 2, 2023

CHAUCER BEATS THE RAP!

I have been meaning to write something about this story since I first read about it in The New York Times last fall but since this news was first reported in 1380, I guess I'm not all that late.

 

In 1873, a court document was discovered from the year 1380 in which a woman named Cecila Chaumpaigne "released" Geoffrey Chaucer from "all manner of actions related to my raptus".  According to the Times, scholars assumed for years that Chaucer had been accused of rape by Chaumpaigne and had somehow settled the case (something they didn't teach this English major).

 

New research suggests that the word "raptus" used in this context did not mean rape or assault at all but that this release arose out of a labor dispute where a gentleman named Staunton had accused Ms. Chaumpaigne of leaving his employment and going to work for Chaucer unlawfully.  In the ensuing litigation, it was necessary for Chaumpaigne to release Chaucer from liability. 

 

There  has been a strain of literary criticism developed over the years that labeled Chaucer a rapist (as well as being racist and anti-Semitic). Full disclosure- I found The Canterbury Tales  almost incomprehensible (although I did like The Wife of Bath). One really has to think about the years of critical theory  which may be premised upon a misunderstanding or faulty translation of a single word.  But the case involves so much more   than that; as the article explains, this work in attempting to vindicate  Chaucer as an individual has been going on for decades and involved a deep dive into ancient legal documents.  To me, it is amazing that these documents still survive in England and could be traced to Geoffrey Chaucer. I’ll have to think about that the next time someone asks me to dig out a contract or case file from the 1980’s. 

Tuesday, February 14, 2023

Lennon, The Mobster and the Lawyer

have been meaning to write a blog about the book Lennon, the Mobster and the Lawyer by Jay Bergen since I saw the author speak here in Nashville last year.  As an obsessive Beatles fan, I find that one of the most interesting chapters in John Lennon's life concerns his convoluted involvement with Morris Levy.

 

To recap, Levy, the notorious mobster who had far-reaching connections in the music business (owning among other entities, Roulette Records, Birdland and the Strawberries record store chains, as well as numerous publishing companies) sued Lennon for copyright infringement for "borrowing" a bit of Chuck Berry's "You Can't Catch Me" in the song "Come Together".  (As an aside, I always wondered if that claim would have had any chance of success at trial).

 

Lennon did not want to litigate the case, and as a settlement, he offered to record several of Levy's other copyrights on an upcoming oldies album he was planning to record with Phil Spector.  Spector proved difficult to work with and eventually absconded with the master tapes, and Lennon had no choice but to delay the album while he finished a new album, Walls and Bridges (which included a bit of a Levy copyright ("Ya Ya ") but in an incomplete version. Levy was apparently not happy.  

 

Lennon and Capitol Records eventually retrieved the tapes from Spector, and Lennon began to arduously rework and finalize the recording Spector had started.  Without spoiling the plot, Levy decided he could somehow market the recording (sourced from an unfinished reel-to-reel tape Lennon had given him) as a sold-on-television-only album – which he did – despite the fact that Lennon was unquestionably signed exclusively  to Capitol Records as a recording artist.  The saga of the Roots album, John Lennon Sings the Great Rock & Roll Hits, with its cheap incongruous photo of White Album period Lennon on the cover, continues to perplex Beatles fans to this day.  

 

We know that lawsuits commenced immediately with Levy's company suing Lennon, Apple Records, Capitol Records, Lennon's attorney, Harold Seider, etc.   Lennon, Capitol and Apple filed counterclaims.  This book is the story of the ensuing  trial.  From a lawyer's perspective, Bergen's work is fascinating.  He describes the missteps made by Levy's counsel and  the importance of educating the judge as to why Lennon's claims of damage to his career were significant.  The parts where Bergen quotes directly from trial transcripts are amazing.   We also learn that Dave Marsh  was an expert witness for Lennon. The only complaint I have with the book is Bergen's re-creating dialog between Lennon and himself – although, in hindsight, this may have been the only way to convey Lennon's state of mind at the time.  It's interesting to see how Lennon was so engaged in every aspect of the trial.  It is also fascinating  to learn more about Morris Levy, one of the most  colorful characters in the music business.  (I still need to read Tommy James' book about his dealings with Levy).  I'm pleased  that Jay Bergen got to tell this story and I recommend it to both Beatles fans and courtroom drama enthusiasts.