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The Trials & Tribulations Of Publishing A Book Attacking Porn
by Dr. Diana Russell



 
      I have come to dislike talking about the effects of pornography with people who have not seen it for themselves, or whose exposure to it has been so minimal that they equate it withpictures of nude people in sexual encounters.  Many women who have seen pornography and who find it upsetting, try to discount their distress with a "boys will be boys" shrug.  It is no wonder that discussions on this controversial topic frequently descend into verbal combat completely removed from the reality of the degrading portrayals of women featured in pornography. 
 
      Many women become convinced about the harmful effects of pornography after seeing visual examples of this material.  I therefore decided to produce a book that would include over 100 examples of pictorial pornography together with a summary of some of the key scientific research on the impact of pornography on men's rape-related attitudes and behavior.  However, because I was unwilling to request the permission of the pornographers who hold the copyright to reprint these pictures, I was unable to find a publisher who was willing to risk being sued for breach of the copyright laws.  Hence, I decided to publish the illustrated version of this book myself, titling it Against Pornography: The Evidence of Harm
 
      After the second printing of Against Pornography had almost sold out in January 1997, and after two book distributing company stopped distributing this book, I decided to do a second edition that would be acceptable to a mainstream publisher.  This meant that I would have to substitute descriptions of the pornographic pictures for the pictures themselves.  Publication of this revised edition by Sage Publications titled Dangerous Relationships: Pornography, Misogyny and Rape, does not, however, herald the demise of Against Pornography.  I will keep this book in print for readers who believe as I do that it is important to see the actual pornographic pictures.  Despite the unwillingness of regular distribution companies to distribute Against Pornography, it will continue to be sold.
 
History
 
Why I Didn't Seek Permission to Reprint Pornography
 
      There were several reasons for my reluctance to request permission to include pornographic pictures from the pornographers who hold the copyright for this material.  I didn't want to support the pornography industry by paying them to reprint their pictures.  I also knew that the total cost of the permissions would be way beyond my means.  In 1992, Playboy magazine, for example, charged $200 per cartoon for one-time use in a North American publication and $300 for worldwide use in the English language.  Penthouse's fee in 1996 for one-time use of a cartoon in North American and British editions of the book was $350.  Since 21 of the 111 pictures are cartoons, the cost for obtaining permission to publish them at approximately $325 per cartoon (the average of the two fees in 1996) would have been about $6,825.  Other pictorials would undoubtedly have cost more.
 
      In addition, I very much doubted that the pornography copyright holders for materials included in Against Pornography would be willing to grant the appropriate permission-to-reprint documents for a book whose purpose was to criticize their materials and point out its harmfulness to women and children. Most pornographers hate feminists, particularly anti-pornography feminists.  This is what Playboy owner Hugh Hefner has been quoted as saying about feminists to his staff, for example:

These chicks are our natural enemy ....  It is time we do battle with them....  What I want is a devastating piece that takes the militant feminists apart.
 
       Furthermore, even had I been willing and able to pay for reprint rights, these were frequently unobtainable.  In 1992, Hustler magazine, for example, after several cagey responses to questions about their permission policy in 1993, finally divulged that they had a blanket policy of denying all requests to reprint their materials.  In 1996, Roberta Harmes, my research assistant, twice faxed a formal letter to Hustler asking them to explain their policy regarding permission to reprint.  Despite Hustler's silence, she sent a third letter in which she pretended I wanted permission to reprint one of their cartoons and two of their pictorials in Dangerous Relationships.  Once again, Hustler failed to respond.
 
      Maria Rothenberg, the photo rights and permissions representative at Penthouse in 1993, was also wary and refused to provide information in writing on this magazine's permissions policy.  The rights and permissions administrator at Playboy magazine that same year was more communicative, delineating the following Catch-22 policy for granting or refusing permission to reprint:

 We cannot consider permission to reprint Playboy material in any publication until we first see a copy of the publication  making the request... If you are asking to include our material within a book, you must first have found a publisher as Playboy does not grant permission to individual  authors of a work.
 
     So, while Playboy requires authors to have a contract with a publisher before they will consider granting permission to reprint their material, publishers typically require authors to have obtained such permissions, or to have sound reasons for believing that they will be both granted and affordable before they will offer them a contract.  Confidence that permissions
would be forthcoming would certainly have been inappropriate in my case. 
 
      Both Playboy and Penthouse reported in 1996 that they do not have a blanket permission policy for cartoons, pictorials or articles; they handle permission requests on a case by case basis.  When Harmes feigned interest in reprinting four Playboy cartoons in Dangerous Relationships, Marcia Terrones, the Rights and Permissions Manager, replied:

Given the title of the book ... we're afraid the intended use could be derogatory to Playboy.  As a result we can not grant permission.  (September 12, 1996)
 
            Rothenberg, still the Penthouse permissions rep in 1996, told Harmes that our request for permission was unlikely to be granted -- presumably for the same reason that Playboy declined our request.  However, it turned out that Penthouse was willing to sell us permission to reprint a cartoon -- perhaps because of their financial problems.  With regard to the two pornographic pictures photographed by Akira Ishigaki that we said we wanted to reprint, Rothenberg reported that Penthouse could not forward our permission request to him because the magazine had no contract with him (personal communication, September 11, 1996).
 
      Aside from Playboy, Penthouse, and Hustler, many of the hard-core pornography magazines whose material I wished to include in Against Pornography, were impossible to trace.  Most of them were probably defunct by 1993, or appeared under new titles.  Indeed, it may well have been impossible to track down most of them even at the time of their publication.  Had I been able to locate them, it is virtually certain that their response to my request for reprint rights would have been substantially more negative than I experienced with Playboy and Hustler.  Many of the pornographers who publish hardcore magazines operate underground out of fear of prosecution.  Some of them deliberately avoid dating their magazines to protect themselves from prosecution for illegally using women under 18 years of age.  Failure to date a publication also prolongs its apparent currency.
 
      Permission to reprint was not obtainable in other cases because some of the pictures that I selected for inclusion in Against Pornography from the pornography collection I had acquired in the course of my anti-porn work, as well as the collections of other anti-pornography activists were missing information on the sources and/or dates of publication.  Because the purpose of this book was to enable readers to see for themselves the degradation and abuse of women reflected in these materials, the dates, sources, and the country of origin of the pictures are not important. 
 
      Nevertheless, I did my best to fill in the missing information on sources.  Calls to Penthouse magazine proved helpful in some instances.  A Hustler magazine spokesperson, on the other hand, maintained that it would take weeks of labor to locate the publication dates of the visuals I sent to her.  The task of completing source information was not made easier by the fact that public libraries rarely house materials which are considered pornographic.
 
      In short, it is clear that it would have been impossible to obtain all the reprint permissions required even had I been willing to pay, and able to afford, the high fees required for them.  It was because I believed so strongly that an informed evaluation of pornography would be greatly facilitated by seeing examples of actual pictures, and that a critique without the visual evidence would be far less effective, that I decided to publish my manuscript myself.  This decision was not made lightly. 
 
The Risks for Failing to Obtain Permissions
 
      I consulted several attorneys about the likelihood that I would be sued if I self-published Against Pornography.  Their opinions on this question varied greatly.  The only attorney who actually examined my manuscript thought that the risk was considerable, not only because of the copyright laws but also because he believed that at least two passages in which I point an accusing finger at Larry Flynt, the publisher of Hustler magazine, and Bob Guccione, the publisher of Penthouse, could be regarded as defamatory.  He therefore advised me to delete or change these passages.  I commented that it would be a cop out to omit the names of these two notorious pornographers just as it would be a cop out to fail to mention Hitler when talking about those responsible for the Holocaust.  Despite my defiant words, I had many sleepless nights worrying about whether I might lose my house -- my only significant material asset.  But to give up this project out of fear of being sued by pornographers felt like allowing them to defeat and censor me.
 
      I must also admit that my delusions of grandeur about what Against Pornography might achieve also played a role in my willingness to risk so much.  I pictured a host of public figures opening the book and feeling horrified by the misogynist pictures, impressed by the research evidence on their harmful effects, and convinced by my theory that pornography is a significant cause of rape.  I felt confident that some of the producers of the most prominent media programs, even if motivated by their lust for sensationalism, would want to cover or debate my book.  I fantasized about Against Pornography becoming a catalyst for replacing the belief of many educated people that pornography is harmless, with knowledge of its destructive effects, including its promotion of violence against women and children.  As I discuss later, this fantasy was not realized with the first edition of this book.
 
      My insomnia was cured by a few conversations with Stephen Fishman, an attorney and author of an important legal text on copyright law (1996), who believed that the publication of Against Pornography would not violate this law -- for the following reasons.  First, the reprinted pictures are part of a critical scholarly work that was written for educational purposes.  Second, the book is not competitive with the publications of the pornographers whose pictures I reprinted. Third, since several of the sources (e.g., Hustler and Playboy) had policies that would have caused the owners of these magazines to deny me permission to reprint their material had I sought it, I was legally entitled to exercise my right to free speech by disregarding their restrictive rules.  The fact that I believed that showing the actual pictures was necessary to effectively communicate my criticism of them and their effects constitutes the rationale for this entitlement. 
 
      Fishman also warned me, however, that regardless of my legal right to reprint this copyrighted material, the pornographers might still decide to sue me.  Since it would cost me tens of thousands of dollars to mount an effective legal defense, being sued would have been financially disastrous for me.  My anxiety about this possibility was greatly alleviated when I decided that a suit against me by pornographers for publishing "their" pictures in Against Pornography without their permission would probably generate enough support for me to organize a defence committee to raise the money needed to fight them in court.  I also imagined that a good attorney might volunteer her or his services or be willing to work for a limited fee.  This wishful fantasy has lasted to this day.
 
The Trials and Tribulations of Self-Publishing
 
      This was my first experience in self-publishing, and I hope it will be my last.  I expressed the opposite hope in the preface to Against Pornography.  I was unaware when I wrote about this of the many additional frustrations and disappointments that lay ahead.  On the eve of my departure to fulfill a one-year research obligation in Cape Town, South Africa, in September 1992, a printing company in Oakland, California, reneged on their agreement to print Against Pornography for fear of being sued. This predicament led me to hire Comp-Type, a regular publishing house in Fort Bragg, California, to serve as a kind of publishing broker. 
 
      Despite the know-how and contacts with printers that this publisher had developed over the years, they had to contact approximately 60 printers before finding one that was willing to print my manuscript for a reasonable price.  Approximately 50 of the printers turned down the job because the management or the workers objected to the pornographic pictures, or because the management feared their clients would object.  (Most of the less expensive printers are based in the mid-West, which is more anti-pornography than the East and West coasts).  A few other printers rejected the job out of fear of being sued for breach of copyright laws.  CompType rejected a handful of others on my behalf because they were too expensive.
 
      The reaction of the 50 printers stunned me, and still bewilders me.  The United States is a major producer and consumer of pornography and publishes millions of copies of porn magazines every year.  Yet CompType had an almost impossible time trying to get my very explicitly anti-pornography text out into the world. Since I was paying them a high hourly fee for the work they did for me, the costs of this project kept escalating alarmingly.  
 
      Against Pornography's formal publication date was delayed until my return from South Africa in February 1994.  Although CompType assisted me with the early phase of book distribution as well as preliminary marketing efforts, I became responsible for the distribution, publicity, mail order sales and book keeping after the book was published.  These activities took a heavy toll on me in terms of time and stress. 
 
      Although I received many reports from individuals of the powerful impact Against Pornography has made on their opinions about pornography, my expectations of the willingness of public figures to endorse this book turned out to be extremely unrealistic.  The uncorrected galleys were sent to at least 26 public figures requesting their endorsement of the book.  Only Gloria Steinem, Phyllis Chesler, and Tipper Gore did so.  Two other positive responses were forthcoming: Noam Chomsky said that he would like to endorse the book if he could find the time, and Ralph Nader, although he declined to write an endorsement, offered to help publicize the book. 
 
      Silence was, however, the most common response.  Several people said they did not do book endorsements.  A surprising number claimed never to have received the book, particularly those with large staffs.  Presumably, there were some incorrect addresses, or unreliable middle people who did not forward the book to the appropriate person. 
 
      Those who responded negatively to my request include a spokesperson for Patricia Ireland, the President of the National Organization for Women, who said that national NOW does not take a stand on pornography, and Jody Newman, the Executive Director of the National Women's Political Caucus, who said that pornography is out of her organization's sphere of action. 
 
      A spokesperson for Barbara Walters reported that making endorsements is against ABC's policy.  Writing blurbs was also against the policy of Senator Barbara Boxer, Senator Pat Schroeder, and Toni Morrison.  Other individuals who declined to endorse the book without mentioning a policy against doing so, include Senator Biden (Chairperson of the Violence Against Women bill), Johnetta Cole, Anita Hill, Oprah Winfrey, and Marg Fong Yu (Secretary of State, California).  One well-known woman, who will remain nameless, thanked me for sending her my novel, but said she didn't have time to comment on it!
 
      My anticipation of intense media interest in Against Pornography was equally disappointing.  Although this book was well reviewed in a few places, not one of the big TV shows was willing to cover it.  I have been on literally hundreds of TV and radio shows over the years in connection with my other books, my political activism, and my expertise on sexual violence.  I have rarely experienced such a resounding silence in response to a book that I have actively tried to promote.  Just getting Against Pornography reviewed in my local newspaper (Holt, San Francisco Chronicle, 1994) took umpteen calls, guilt tripping, arm twisting, and luck.  One astonishing explanation for the initial decision not to review my book was the claim that it had been done before!  This, of course, was absolutely untrue.
 
      I was well aware at the time of publication that a feminist anti-pornography stance was extremely unpopular in the United States.  I had been unable to find a publisher in the United States who was willing to publish my first book on pornography in 1993, an edited volume entitled Making Violence Sexy: Feminist Views on Pornography.  This project had to be dropped for well over a year because U.S. publishers equated an anti-pornography stance with being pro-censorship -- even though the final section of the book was devoted to anti-pornography feminist actions none of which advocated censorship. 
 
      The way Making Violence Sexy came to be published in this country was entirely fortuitous.  The division of Pergamon Press that was situated in Oxford, England, the only publisher I was able to interest in this book.  They agreed to publish it as part of their Athene series of radical feminist books.  Pergamon later sold this series to Teachers College Press in New York.
 
      Being against pornography became especially unfashionable in the liberal publishing world after the Final Report of the Attorney General's Commission on Pornography was published in 1986.  Even the commission was unable to find a mainstream publisher for its final report. 
 
      Although right-wing people generally take an anti-pornography stance, they do not agree with feminists' criticism of pornography (for example, see Cline, 1974).  While they object to pictures of sex and nudity, we oppose pornography's abusive representations of human beings, particularly women and children.
 
      Liberals and left-wingers are far more disparaging than right-wingers of feminists' anti-pornography politics.  Most liberal and left women seem to have bought the view of their ideological brothers that pornography is just "harmless fantasy" that allegedly reduces rape and sexual abuse because it is cathartic i.e., male viewers get rid of their sexually aggressive urges by masturbating to pornography.  Far from being harmlessly cathartic, pornography increases male aggression and willingness to rape and act out other forms of sexual assault and abuse. 
 
      The American Civil Liberties Union is a prime example of a liberal organization that has increasingly become a watchdog for the interests of pornographers (for substantiation of this point, see Dworkin, 1988; and Dworkin and MacKinnon, 1993).  Nadine Strossen, the current President of the ACLU, spends most of her book Defending Pornography arguing against censorship, claiming that Catharine MacKinnon and Andrea Dworkin and all the rest of us anti-porn feminists are virulent advocates of it.  She frequently refers to us by derogatory names such as "the feminist procensorship movement" (1995, p. 15); "MacDworkinites" (as if we are all clones of Andrea Dworkin and Catharine MacKinnon); "anti-sex crusaders," and "pornophobic feminists" (1995, p. 20).  Her ally, Marcia Pally refers to us as "right-wing feminists" (1994, p. 16).
 
      Although censorship appears to be Strossen's favorite word, she never even attempts to define it.  From the examples she cites, though, her definition appears indistinguishable from what most people would consider the exercise of their free speech rights to protest.  For example, Strossen criticizes what she calls "the censorial impact of such coercive tactics as boycotts" (1995, p. 210).
 
      However, Strossen does not just defend pornography in her book; she enthusiastically celebrates it.  In her chapter on "positive aspects of pornographic imagery (pp. 161-178)," she includes testimonials by other women on the joys of pornography. She quotes the following passage by Ann Snitow, an editor of the book, Power and Desire (1983):

Think, for example, of all the pornography about servants fucking mistresses, old men fucking young girls, guardians fucking wards.  Class, age, custom -- all are deliciously sacrificed, dissolved by sex.  (Cited in Strossen, 1995, p. 176)
 
      Not surprisingly, Strossen's feminist-bashing book was enthusiastically feted by the media, most of whose representatives share her misrepresentations of the views of anti-porn feminists.
 
      The point I wish to make here is that despite my awareness that the climate of public opinion was, and still is, very unfavorable to a critical feminist analysis of pornography, I foolishly imagined that the combination of visual evidence, critical commentary, and scientific evidence in Against Pornography would dispel the objections of many left-wing and liberal individuals who read and examined this book.  On the other hand, I assumed, correctly, I believe, that right-wing people would reject the book simply because of the pornographic pictures included.  This did not concern me because my goal was to reach more politically progressive individuals, including the large number of pro-pornography feminists.
 
      Only about 2,000 copies of Against Pornography have been sold or given away as of this writing.  I still believe that this book has the potential to have an enormous impact on people's thinking about pornography.  However, I have not been willing to keep interrupting my other research and writing projects to continue trying to promote this book.
 
                           
 
Postscript
 
      I decided to tell my story about the trials and tribulations of publishing Against Pornography because I want people to know the struggle it takes in these times for anti-porn feminists to publish their work.  I submitted it to Merge Magazine because representatives of the publisher for whom I had written this account, deleted it as inappropriate for my revised book Dangerous Relationships
 
      Anti-porn feminists are often censored by so-called pro-free speech advocates in the name of their anti-censorship stand. (They refuse to believe that we are not in favor of censoring porn.)  This Alice in Wonderland logic silences many of us, or forces us to make super-human efforts to be heard.  Despite my having written, co-authored, edited or co-edited 15 books, and despite having earned an outstanding reputation for my research and many publications on sexual violence, I cannot count on being able to find a publisher for my anti-porn work.  Publishers are among the elite minority who defend pornography in the name of free speech. 
 
      I currently have a half-finished manuscript on child pornography which follows the same model as Dangerous Relationships, i.e., examples of child pornography available in popular porn magazines are described and analyzed, my own theory on the relationship between pornography and child sexual abuse is presented and explained along with the scientific evidence that supports it.  It includes an extensive analysis of child porn on the Internet.  This book will never see the light of day if I am unable to find a publisher for it.  This is one of many ways in which we are the ones who are censored in this misogynist porn-saturated society. 


 
Postscript
 
      In October 2000, I finally obtained a publisher (Routledge) for this book on child pornography as a cause of child sexual abuse.
 
 


Dr Diana Russell's book Against Pornography is available by contacting her at: Russell Publications, 2018 Shattuck Ave, Berkeley, CA 94704. Against Pornography is $12.95 (plus $3.50 shipping). You can also contact her at: russell@mills.edu. She is currently working on a book about the easy availability and effects of child porn.

 

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