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Dedalus to sue Arts Council

Dedalus is planning to sue the Arts Council England (ACE) over its proposal to stop the publisher's funding. The Cambridgeshire-based independent, which is to receive £24,958 in funding in 2007/08--the last year of its ACE settlement--says ACE has not followed its own disinvestment guidelines, a lengthy seven-stage process which could take up to eighteen months.

The publisher was one of 194 arts organisations to receive letters in mid-December saying funding would be slashed, pending an appeal process that concludes in mid-January. Dedalus said there was no "force majeure" for ACE not to follow its own guidelines. It is calling on other organisations who have been stripped of funding to join in its lawsuit.

This is Dedalus's second salvo in its attempt to rescue its ACE funding. Over the weekend it launched an online "Don’t Let Dedalus Die" petition in protest to the cuts, which has so far received 440 signatures.

Emma Russell, ACE media relations officer, said: "There is no doubt in our minds, or in those of our independent legal advisors that the current review of regular funding is a fair process which is fully compliant with our disinvestment policy. We have urged Dedalus to take independent legal advice and we will strongly defend our position should this come to court."

 

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By Clive Keeble

Unless the "briefs" are prepared to offer their services free of charge, I am totally horrified to see Dedalus explore this avenue ; legal action is the action of *last resort*, not the first. Taking legal action, which is very costly, will create the impression that Dedalus have money to burn in their chase for buckshee funding from the Arts Council.

09 Jan 08 08:58

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By Eric Dickens

I don't agree at all with Clive Keeble. I admire his detective work, but bookselling and translating are different professions. I am a published literary translator, and have just signed a contract with Dedalus to translate a book of 25 Estonian short-stories. Nowhere in Britain will they even publish literary material from that language, owing to the philistine climate in that country regarding any contemporary literature, or modern classics, from most European countries (barring a few Scandinavian crime novels). So, I would prefer to see Dedalus sink under the weight of legal costs, rather than think that they would sit idly and pathetically waiting for ACE to give them the chop. I imagine that Dedalus and advisers will be weighing up the pro's and cons of legal action. Funding is, by definition, buckshee. But as I never fail to say, where I can, I find it obscene that literary translation, a profession that requires years of practice and experience, is being sabotaged. While, at the same time, charlatans such as Damien Hurst (diamond-studded skull), Tracey Emin (unmade bed) and Mark Wallinger (bear suit walks) are lavished with huge sums of private and public money. Books from Europe and beyond are far more valuable than most of what Tate Modern and similar institutions show to the public today. I wish Dedalus good luck. Over 650 people have signed the petition. That may even persuade ACE to back down before the case even gets as far as the courts.

09 Jan 08 12:36

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By Clive Keeble

I'm not surprised to read that Eric Dickens does not agree with my previous comment ; legal threats are for the bully boys and the spoiled brats, the rest of us resolve differences by sitting round a table and working out a viable solution, hopefully acceptable to both parties. On October 30th last, The Bookseller highlighted the plight of another publisher similarly affected by the ACE withdrawal of funding. Barn Owl books, thanks to assistance from Michael Rosen, adopted a pro-active stance ; I then substantially increased my firm sale seasonal stock order for their titles. The confrontational attitude displayed by Dedalus does not encourage me to follow a similar route on this occasion ; all rather sad.

09 Jan 08 14:26

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By Eric Dickens

I do not quite see whence the ire involved in Clive Keeble's comment to mine. If he were to look through his stock, I imagine he would find very few translations from the last 20 years. This is because the "bully boys and spoilt brats" that actually translate novels, as opposed to sell them, are progressively marginalised in the UK. Thank goodness that the States exists! Otherwise translators into English would be regarded as weird. Selling second-hand books is to be applauded. I wish Mr Keeble would, with as much magnanimity, understand that what we do. When European literature becomes normal in Britain, I will be happy. You cannot surely think that European authors are all odd, while all British, American and Australian authors, whose books you sell, are more normal. I fail to understand the strange, knee-jerk xenophobia when it comes to Europe. A little confrontation does the introverted world of BritLit a world of good. The world is bigger than what once was the British Empire, with its one dominant language. Britain has moved on: the Britsih Empire is dead. But Brits still cling to the misapprehension that things written in English are automatically best, because the sun used never to set on British literature.

10 Jan 08 01:26

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By JULIAN RIVERS

The threat of legal action is possibly powerful in gaining attention .However, paying legal costs for what is bound to be a protracted action is likely to exceed the £24.9k in dispute . If they were seeking to represent all 194 orginisations [ by means of a type of class action], then that would be a more complex, costly and an elongated process . Surely this is the time to seek a negotiated settlement, such as funding split over two years , rather than filling lawyers' pockets, as a protest ,which is likely to fail.?

10 Jan 08 13:14

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By Eric Dickens

The petition to save Dedalus has already attracted some 830 signatures, mostly from Britain, but also from around the world. While it is always easier to sign a petition than to put money or legal aid where your mouth is, this climate of opinion may indeed persuade the Arts Council, rather than Dedalus, to seek a settlement out of court. The Arts Council of England (ACE) has not been playing very fair recently, if I am rightly informed. ACE appears to have recently removed the text entitled "Procedural Guidance - Disinvestment from regularly funded organisations" from its website. It was gone for a couple of days. If you used the search engine, the word "disinvestment" gave one hit, but when you looked, it was not there. That is not really what I call cricket. I sent a complaint about this to Antonia Byatt and others, and to my great satisfaction, a copy of this rather long-winded, but crucial, text is again available on the ACE website for all to read. This text (which I have a copy of) is about five A4 pages long, if you print it out in ten-point type. I have not checked what is now again available against the text I was sent by one individual, but I imagine that ACE is honest enough not to have changed it during the couple of days it was out of public view. When you click on the underlined word "timeframe", you do, however, get a very short title with no text, so no explanation there. Look for yourselves. The paragraph in which this mysterious word "timeframe" is embedded reads: "Organisations who currently receive regular funding have been made aware that decisions on funding for 2008-11 have operated on a slightly shorter timeframe than that recommended in the document. This is as a result of the timing of the Arts Council's own settlement from government. The process for 2008-11 is fully in line with our disinvestment policy and is based on the principles outlined in it." ACE appears to be shifting the blame onto the Government. Finally, I've heard of legal persons, but I did think that an organisation was a "which" rather than a "who".

10 Jan 08 14:25

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By Eric Dickens

A couple of afterthoughts. Judge for yourselves, read for yourselves: The Dedalus petition has comments by some of the signatories. At: http://www.gopetition.co.uk/petitions/dont-let-dedalus-die/signatures.html And ACE's own website with the pertinent informations is at: http://www.artscouncil.org.uk/funding/regularfunding.php

10 Jan 08 14:35

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By Chrisr Hamilton-Emery

It's a tremendous pity that instead of signing a petition against funding cuts each signatory instead would subscribe to buy a single copy of each and every Dedalus book for the next year, this would guarantee its financial security and avoid the need for any confrontation. The best way to support a publisher is to buy its books.

15 Jan 08 11:15

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