segunda-feira, 11 de novembro de 2013

Por Lisboa........." não oficial"

Posted with kind permission of Anne Guedes' 


A request is made to the Judge to disclose before the 27th of November, last session of the trial, whether the plaintiffs will, on that day, take the stand as plaintiffs (not as witnesses, therefore they don't have to be notified). No lawyer objects.

A request is made and allowed buy the Judge to postpone the hearing of Mr Paulo Sargento, whose absence is justified. No lawyer had objected.

G&P's lawyer, Dra Fatima Esteves, informs the Judge that she desisted of G&P's witness, Mr Marreiros.

The testimony as it happened...

(05.11.2013, 9:45 am) Mario Sena Lopes greets the public when entering the court room and will greet again before leaving it. He's an editor and literary agent. For about two years he worked for the publisher G&P and was responsible for Gonçalo Amaral's Truth of the lie's edition. He's the literary agent for Gonçalo Amaral by other publishers.
Asked by the Judge whether he's aware of the trial, he says that he answers that he ignores the details. He adds that he has no connection any more with the edition, since the book has been published.

1) The defence G&P's lawyer is the first to question the witness.

GP – Do you remember which was the sale price of the book when it was launched ?

SL thinks it was 13,30 €.

GP asks which was the price in Brazil

SL – G&P didn't commercialise the book in Brazil nor made any approach to have it published in Brazil. Some publishers have head offices in both countries, but it is not the case of Guerra&Paz.

GP – How was done the consignment?

SL says there are two techniques but in this case it was done through the Correio da Manha. The books are delivered to the bookshops. The unsold copies are sent back to the publisher who must accept them without invoicing.

GP asks which are the reasons for having returns.

SL – There are many, like the lack of public response, the excess of copies, contrary publicity in the media, unexpected social factors..

GP – What about the defective copies ?

SL – There are always damaged copies. They are destroyed either by the publisher or by the distributor. They don't benefit to the authors.

GP – Other books were written about the McCann case. Have you knowledge of them ?

SL thinks there are quite a few, like "A culpa dos McCann" (The guilt of the McCanns) and the own book of the McCanns.

2) Accusation lawyer, Dra Isabel Duarte
ID, alluding to the successive (12) editions of the book which she lists, asks the witness if he has an idea of the number of returns, either because the copy was defective or had been damaged.

SL says that G&P, in terms of editions and copies, takes good care to protect the rights of the authors. He adds that at the beginning there are more wants than copies offered. In the case of the last edition this is different.

ID – What about the books that were concerned by the injunction ?

SL – There are always distributed books that escape an injunction, but most of the copies were delivered to the keeper (note : Dra Isabel Duarte). He says he can't guarantee that all were delivered, but can guarantee that no copy remained at the publisher or at the distributor.

ID – About the sale price, are you certain of what you answered ?

SL says he is.

ID – Wasn't the sale price lowered in the case of this book ?

SL says that for most books that doesn't happen. It happens sometimes when the book has no success or when there's a motive to promote it. He doesn't think it is good practice.

ID – What likely happened in the case of this book ?

SL – Nothing of this kind happened.

ID – Therefore the sale price was around 13 €. What about the hypermarkets ?

SL says the hypermarkets don't seek the public and adds that the 15 thousands copies of the first edition were sold in the same week. He remarks that the editions are all referred to in the following ones.

The Judge asks whether the witness knows the percentage of returns among the published books.
SL doesn't know.

End of this hearing

Mario Sena Lopes was a witness in the Injunction judgment in January 2010.
Mario Rui da Silva Sena Lopes, editorial manager for the publisher from July 2007 to September 2009, clarified questions regarding the the choice of date to launch the book, foreign editions and destruction of books; he stated that negotiations for the book began in the first trimester [quarter] of 2008