Author loses fight for unpaid $5m

By AINSLEY THOMSON

New Zealand author Gordon Dryden has lost his bid to get $5 million in unpaid royalties from Chinese publishers.

The former broadcaster has been fighting a legal battle since 1999 to get the royalties for the best-selling book The Learning Revolution, which he co-wrote with American Jeannette Vos.

The case finally went to court in Beijing in November.

The Learning Revolution, an education review and learning programme, sold more than 10 million copies in China in less than a year.

But Mr Dryden said the authors received royalties on only 400,000 copies.

He said their Shanghai-based publisher and a Chinese educational software publisher signed secret illegal contracts in 1998 and 1999 which meant the authors received royalties on only the first 400,000 copies sold.

The authors learned of the contracts only after five million copies had been sold, even though the first clause of the contract said it was subject to their approval.

Mr Dryden was told just before Christmas that the Beijing Peoples High Court had ruled against the authors and ordered them to pay court costs of almost $30,000.

They received a full translation of the judgment only at the weekend. It did not mention Mr Dryden's main claim about the secret agreements depriving the authors of $5 million in royalties.

"We find that incredible - the main point of the claim, and it is not even mentioned in the judgment."

He said the case made a mockery of China's claim to uphold international copyright law.

The firm that sold the 10 million copies of the book, Clever Software, had never sold a book before.

But after setting a sales record with The Learning Revolution, it was floated and the owner ended up with shares valued at US$270 million ($511 million), making him the ninth richest entrepreneur in China.

"I have no problem with that. Clever mounted a truly brilliant book promotion campaign," Mr Dryden said.

He does not plan to appeal. Instead his company will probably negotiate a new Chinese edition of the book.