Another wrinkle has emerged in the twisted tale of “The Diary of Malcolm X.” Shortly after our November 14 cover article—“Necessary Means: ‘The Diary of Malcolm X’ and the Fight for an American Legacy”—went to print, attorneys for some of Malcolm’s heirs brought a copyright infringement lawsuit against the book’s publisher, Third World Press. Filed in the District Court for the Southern District of New York, the complaint accuses Chicago-based Third World Press of entering into an unlawful agreement with the editors of the “Diary,” and repeatedly ignoring requests to cease from publishing the text. On November 8, presiding judge Laura Taylor Swain issued a temporary restraining order on the release of the “Diary,” which has been extended until preliminary arguments can be heard in January, 2014.
The plaintiff in the lawsuit is X Legacy, LLC, a legal entity created by five of the six Shabazz sisters in 2011 “to protect, consolidate, and enhance the value of the assets and properties relating to the beneficiaries of…Malcolm X.” According to the text of the suit, the sisters formed the limited liability corporation to prevent any member of Malcolm’s family from unilaterally licensing or exploiting his assets without permission from the rest of the heirs. When third sister Ilyasah Al-Shabazz entered into a publishing contract with Third World Press, the suit alleges, she did so without X Legacy’s consent and without “any ownership rights or authority…to copy, publish, or disseminate the Diaries.” Read the rest of this entry »