The case has stirred up controversy: Urs Mannhart, a 39-year-old writer and journalist from Bern, is facing accusations of plagiarism from a professional colleague. In his novel "Bergsteigen im Flachland", published in May, he makes reference to reportage by reporter Thomas Brunnsteiner in the form of several motifs and characters. With his "great reportages", the Austrian is a source of inspiration for him, Mannhart wrote on the literature blog Literaturport.de in August. Brunnsteiner has nothing to do with this praise: He accuses the Bernese of "theft of intellectual property", as he explained on Monday afternoon when asked by the news agency SDA. Mannhart is "adorning himself with other people's feathers".
The Zurich Commercial Court has now decided to uphold Brunnsteiner's action for precautionary measures. This means that the Secession publishing house must stop distributing the novel until the main proceedings and may not advertise it. Mannhart himself is prohibited from reading from the work. This was announced by the publisher in a communiqué on Monday. The court is not commenting on the case.
Brunnsteiner feels vindicated
Brunnsteiner sees his accusation confirmed in the verdict, as he said. He now has one and a half months to prepare a lawsuit. However, he "naturally" hopes that the publisher will now respond to his claims for compensation on the basis of this first judgment, which would make legal proceedings superfluous. Before going to court, the reporter had submitted his demands to the Secession publishing house, including compensation of 30,000 francs. The publisher described the demands as "excessive and unrealizable". Even after Brunnsteiner had made his accusations public, Mannhart had regretted his failure to explicitly name the sources and not mention his professional colleague in the foreword. Mannhart also publicly apologized to the Austrian. According to the plaintiff, there was no personal conversation between Brunnsteiner and Mannhart. For the reporter, one thing is clear: "I am the one who was robbed and I am entitled to compensation." As in the case of material theft, an apology is not enough in his case either.
Mannhart is shocked
According to the publisher, the Austrian objected to 114 text passages. The court took 6 of these into account in its judgment. As an example, the publisher cited the following sentence: "The Caspian Sea is as big as Germany." Brunnsteiner's report said: "The Caspian Sea may be as big as Germany." With the ruling, the court failed to recognize that "Bergsteigen im Flachland" is a "fictional work that, like almost every other fictional book, also incorporates material and facts from non-fictional works". Mannhart himself made similar comments on Literaturport.de. He was "in shock", the author wrote on Monday. "I ask myself: should writers be forbidden in future to use information they find in newspapers and non-fiction books in their literary work?" He considers the ban on sales, advertising and reading to be "hair-raisingly disproportionate". In its press release, the publisher writes that it looks forward to the proceedings with confidence and hopes that Urs Mannhart will be fully vindicated.
Publisher sees lawsuit as a precedent
Even after Brunnsteiner had made his accusations public, Mannhart had regretted his failure to explicitly name the sources and not mention his professional colleague in the foreword. Before going to court, Brunnsteiner had submitted his claims to the Secession publishing house, including compensation of 30,000 francs. The publisher described the demands as excessive and unrealizable. In a press release on Monday, the publisher accused Brunnsteiner of trying to capitalize on Mannhart's work. This attempt is of fundamental importance and goes "far beyond the individual case". Thomas Brunnsteiner, who lives with his family in Lapland and is currently retraining as an engineer, could not initially be reached for comment. (SDA)
Image: Secession-verlag.com