What the Dog Saw

5.

Bryony Lavery came to see me in early October of that year. It was a beautiful Saturday afternoon, and we met at my apartment. She is in her fifties, with short, tousled blond hair and pale blue eyes, and was wearing jeans and a loose green shirt and clogs. There was something rugged and raw about her. In the Times the previous day, the theater critic Ben Brantley had not been kind to her new play, Last Easter. This was supposed to be her moment of triumph. Frozen had been nominated for a Tony. Last Easter had opened Off Broadway. And now? She sat down heavily at my kitchen table. “I’ve had the absolute gamut of emotions,” she said, playing nervously with her hands as she spoke, as if she needed a cigarette. “I think when one’s working, one works between absolute confidence and absolute doubt, and I got a huge dollop of each. I was terribly confident that I could write well after Frozen, and then this opened a chasm of doubt.” She looked up at me. “I’m terribly sorry,” she said.

Lavery began to explain: “What happens when I write is that I find that I’m somehow zoning in on a number of things. I find that I’ve cut things out of newspapers because the story or something in them is interesting to me, and seems to me to have a place onstage. Then it starts coagulating. It’s like the soup starts thickening. And then a story, which is also a structure, starts emerging. I’d been reading thrillers like The Silence of the Lambs, about fiendishly clever serial killers. I’d also seen a documentary of the victims of the Yorkshire killers, Myra Hindley and Ian Brady, who were called the Moors Murderers. They spirited away several children. It seemed to me that killing somehow wasn’t fiendishly clever. It was the opposite of clever. It was as banal and stupid and destructive as it could be. There are these interviews with the survivors, and what struck me was that they appeared to be frozen in time. And one of them said, ‘If that man was out now, I’m a forgiving man but I couldn’t forgive him. I’d kill him.’ That’s in Frozen. I was thinking about that. Then my mother went into hospital for a very simple operation, and the surgeon punctured her womb, and therefore her intestine, and she got peritonitis and died.”

When Lavery started talking about her mother, she stopped, and had to collect herself. “She was seventy- four, and what occurred to me is that I utterly forgave him. I thought it was an honest mistake. I’m very sorry it happened to my mother, but it’s an honest mistake.” Lavery’s feelings confused her, though, because she could think of people in her own life whom she had held grudges against for years, for the most trivial of reasons. “In a lot of ways, Frozen was an attempt to understand the nature of forgiveness,” she said.

Lavery settled, in the end, on a play with three characters. The first is a serial killer named Ralph who kidnaps and murders a young girl. The second is the murdered girl’s mother, Nancy. The third is a psychiatrist from New York, Agnetha, who goes to England to examine Ralph. In the course of the play, the three lives slowly intersect—and the characters gradually change and become “unfrozen” as they come to terms with the idea of forgiveness. For the character of Ralph, Lavery says that she drew on a book about a serial killer titled The Murder of Childhood, by Ray Wyre and Tim Tate. For the character of Nancy, she drew on an article written in the Guardian by a woman named Marian Partington, whose sister had been murdered by the serial killers Frederick and Rosemary West. And, for the character of Agnetha, Lavery drew on a reprint of my article that she had read in a British publication. “I wanted a scientist who would understand,” Lavery said—a scientist who could explain how it was possible to forgive a man who had killed your daughter, who could explain that a serial killing was not a crime of evil but a crime of illness. “I wanted it to be accurate,” she added.

So why didn’t she credit me and Lewis? How could she have been so meticulous about accuracy but not about attribution? Lavery didn’t have an answer. “I thought it was OK to use it,” she said with an embarrassed shrug. “It never occurred to me to ask you. I thought it was news.”

She was aware of how hopelessly inadequate that sounded, and when she went on to say that my article had been in a big folder of source material that she had used in the writing of the play, and that the folder had got lost during the play’s initial run, in Birmingham, she was aware of how inadequate that sounded, too.

But then Lavery began to talk about Marian Partington, her other important inspiration, and her story became more complicated. While she was writing Frozen, Lavery said, she wrote to Partington to inform her of how much she was relying on Partington’s experiences. And when Frozen opened in London, she and Partington met and talked. In reading through articles on Lavery in the British press, I found this, from the Guardian two years ago, long before the accusations of plagiarism surfaced:

Lavery is aware of the debt she owes to Partington’s writing and is eager to acknowledge it. “I always mention it, because I am aware of the enormous debt that I owe to the generosity of Marian Partington’s piece… You have to be hugely careful when writing something like this, because it touches on people’s shattered lives and you wouldn’t want them to come across it unawares.”

Lavery wasn’t indifferent to other people’s intellectual property, then; she was just indifferent to my intellectual property. That’s because, in her eyes, what she took from me was different. It was, as she put it, “news.” She copied my description of Dorothy Lewis’s collaborator, Jonathan Pincus, conducting a neurological examination. She copied the description of the disruptive neurological effects of prolonged periods of high stress. She copied my transcription of the television interview with Franklin. She reproduced a quote that I had taken from a study of abused children, and she copied a quotation from Lewis on the nature of evil. She didn’t copy my musings, or conclusions, or structure. She lifted sentences like “It is the function of the cortex—and, in particular, those parts of the cortex beneath the forehead, known as the frontal lobes—to modify the impulses that surge up from within the brain, to provide judgment, to organize behavior and decision-making, to learn and adhere to rules of everyday life.” It is difficult to have pride of authorship in a sentence like that. My guess is that it’s a reworked version of something I read in a textbook. Lavery knew that failing to credit Partington would have been wrong. Borrowing the personal story of a woman whose sister was murdered by a serial killer matters because that story has real emotional value to its owner. As Lavery put it, it touches on someone’s shattered life. Are boilerplate descriptions of physiological functions in the same league?

It also matters how Lavery chose to use my words. Borrowing crosses the line when it is used for a derivative work. It’s one thing if you’re writing a history of the Kennedys, like Doris Kearns Goodwin, and borrow, without attribution, from another history of the Kennedys. But Lavery wasn’t writing another profile of Dorothy Lewis. She was writing a play about something entirely new—about what would happen if a mother met the man who killed her daughter. And she used my descriptions of Lewis’s work and the outline of Lewis’s life as a building block in making that confrontation plausible. Isn’t that the way creativity is supposed to work? Old words in the service of a new idea aren’t the problem. What inhibits creativity is new words in the service of an old idea.

And this is the second problem with plagiarism. It is not merely extremist. It has also become disconnected from the broader question of what does and does not inhibit creativity. We accept the right of one writer to engage in a full-scale knockoff of another—think how many serial- killer novels have been cloned from The Silence of the Lambs. Yet, when Kathy Acker incorporated parts of a Harold Robbins sex scene verbatim in a satiric novel, she was denounced as a plagiarist (and threatened with a lawsuit). When I worked at a newspaper, we were routinely dispatched to “match” a story from the Times: to do a new version of someone else’s idea. But had we “matched” any of the Times’ words—even the most banal of phrases—it could have been a firing offense. The ethics of plagiarism have turned into the narcissism of small differences: because journalism cannot own up to its heavily derivative nature, it must enforce originality on the level of the sentence.

Dorothy Lewis says that one of the things that hurt her most about Frozen was that Agnetha turns out to have had an affair with her collaborator, David Nabkus. Lewis feared that people would think she had had an affair with her collaborator, Jonathan Pincus. “That’s slander,” Lewis told me. “I’m recognizable in that. Enough people have called me and said, ‘Dorothy, it’s about you,’ and if everything up to that point is true, then the affair becomes true in the mind. So that is another reason that I feel violated. If you are going to take the life of somebody, and make them absolutely identifiable, you don’t create an affair, and you certainly don’t have that as a climax of the play.”

It is easy to understand how shocking it must have been for Lewis to sit in the audience and see her “character” admit to that indiscretion. But the truth is that Lavery has every right to create an affair for Agnetha, because Agnetha is not Dorothy Lewis. She is a fictional character, drawn from Lewis’s life but endowed with a completely imaginary set of circumstances and actions. In real life, Lewis kissed Ted Bundy on the cheek, and in some versions of Frozen, Agnetha kisses Ralph. But Lewis kissed Bundy only because he kissed her first, and there’s a big difference between responding to a kiss from a killer and initiating one. When we first see Agnetha,