Seroff v. Simon & Schuster, Inc.

Simon & Schuster, Inc. (defendant) entered into a written publishing contract with Seroff (plaintiff) to write a book about the celebrated pianist-composer Sergei Rachmaninoff. The contract granted Simon & Schuster certain “additional” rights, including the rights of translation and foreign publication, with the added proviso that all revenues derived from the “sale” of these rights be split between Seroff and Simon & Schuster. In 1950, the book was published in the United States to favorable reviews. Following publication, and in accordance with its usual practice, Simon & Schuster sent copies of the book to various sales agents in other countries, including a leading sales agent in France. That sales agent facilitated a sale between Simon & Schuster and Editions Robert Laffont, a French publisher, for the exclusive right to publish and sell the book in the French language throughout the world. Laffont hired a French translator, and in 1954, the French version of the book was published, also to favorable reviews. Seroff protested the French version as “a complete distortion [and flagrant falsification] of my English version.” Seroff brought suit against Simon & Schuster for libel, arguing that Simon & Schuster caused the distorted French version of the book and was therefore responsible for the harm done to his reputation. Simon & Schuster moved to dismiss the complaint.