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She’d been supporting herself by waiting tables in a coffeehouse, but she was sick of that, and sick of San Francisco. She moved, San Ildefonso pot and all, to Portland, and then to Seattle. She found a room off Pioneer Square, got a job in a bookstore, and wrote a short story. She sent it to The New Yorker, and when it came back she sent it to Anthea Landau, the only agent she knew of. Fairborn had written to Landau occasionally and got occasional letters from her, sent to him at General Delivery in Santa Fe.
“She sent the story back,” she said, “along with a letter saying it struck her as derivative and unconvincing, though skillfully crafted. And she said she was no longer representing Gulliver Fairborn, and I gathered that mentioning his name might have been a strategic error.”
She reread the story and decided that the agent was right. She tore it up, and a day or two later she came home from the bookstore with a Harlequin romance in her purse. She read it that night, and another the next night, and five more over the weekend. Then she sat down at the typewriter and within a month she had a book written. She sent it directly to the publisher and they sent her a check and a contract.
She used the pen name Melissa Manwaring. The Manwaring came from Nobody’s Baby, of course, and Melissa just seemed to go well with it. She quit her bookstore job when she was halfway through with the second book. Later on she began writing Regency romances for another publisher, with period dialogue and dastardly male characters, and her pen name for these was Virginia Furlong. She changed cities every couple of years, and friends and lovers a little more frequently than that, and she turned out a book often enough that money was never a problem, but not so often that she had to worry about burning out.
Every now and then, say eight or ten times in twenty years, she’d get a purple envelope in the mail with her current address typed on it. And a letter inside from Gulliver Fairborn.
“He wouldn’t have needed to hire detectives,” she said. “I wasn’t hiding from the world the way he was. Each time I moved I sent a change-of-address to the post office. I never paid extra for an unlisted telephone number. Still, he had to make an effort to find me.”
The first letter showed up a few months after Melissa Manwaring’s first novel hit the bookstores. Maybe the pen name caught his eye. In any event, he’d spotted her style right away, and took the time to read the book through and comment on it. That was flattering. He included a return address-General Delivery, Joplin, Missouri, with a false name to address it to. She dashed off a long letter, tore it up, wrote a short one, and sent it off-and heard nothing further, until two years later and a thousand miles away when another purple envelope turned up, this one postmarked Augusta, Maine.
And so it went. She got a letter from him shortly after she was married, and another, two years later, shortly after her divorce. They both kept moving around the country, and occasionally out of it. Their paths never crossed, but she never went more than a couple of years without hearing from him. The purple envelopes always took her by surprise, and she would take them up with a mixture of excitement and dread. He remained, she had to admit, the most important man in her life. Sometimes she cursed him for it, but it was true.
And now, just weeks ago, she’d heard from him after a silence of almost three years.
“Here in New York?”
But no, she’d been living in Charlottesville, Virginia, had moved there in the spring, subletting an apartment a short walk from the University of Virginia campus. She got to share a rose garden with the building’s three other tenants, and she took his letter out to the garden and read it there, on a warm afternoon with a scented breeze blowing.
He was very agitated. That was unusual, as his letters were typically laid-back. What, he wanted to know, had she done with the letters he had sent her? Had she destroyed them? Would she please do so, either that or return them to him?
She wrote back at once, saying that she had kept all of his letters from the very begi
For answer he sent her-by return mail!-a photocopy of an article that had run in the New York Times. Anthea Landau, his erstwhile agent, had made arrangements with Sotheby’s for the sale of all the letters he’d sent her over the years.
He’d called the woman up, outraged, and had made the tactical error of letting phrases like “bloodsucker” and “money-grubbing vampire” and “ten percent of my soul” creep into his conversation. Landau hung up on him and wouldn’t pick up the phone when he called back. He wrote her a letter, arguing his case more diplomatically, stressing that his letters had been written for her eyes only and that it was important to him that he get them back. He offered to pay for them, and invited her to set a price. She wouldn’t have to pay a commission, he said, or report the sale to the IRS, and she would be doing the right thing, too.
She never responded. He wrote a second letter, and had no sooner dropped it in the mail than he realized she could add these letters to the auction. The idea infuriated him, and he didn’t write again.
“And there was nothing he could do,” I told Carolyn. “The law’s very clear when it comes to letters. They belong to the recipient. If I send you a letter, it’s yours. You can keep it, you can tear it up, you can sell it to somebody else.”
“First I’d have to find someone who wanted it, Bern.”
“Well, if I was Gully Fairborn, you wouldn’t have a lot of trouble. He’s an important writer, and he’s such a man of mystery that his letters are particularly desirable. So you could sell them if you wanted. About the only thing you couldn’t do is publish them.”
“Why not, if they belong to me?”
“The letters as physical property belong to the recipient. As literary property, title remains with the sender. He owns the copyright.”
“Wait a minute. I know Fairborn ’s a couple of beads off plumb, Bern, but don’t tell me he sent his letters to the Library of Congress to have them copyrighted.”
“He doesn’t have to. Anything you write is automatically protected by copyright, whether or not you register it in Washington. Fairborn retains the copyright to his letters, and he can keep them from being published. In fact he did just that a couple of years ago.”
“Anthea Landau tried to publish his letters?”
“No, but there was a fellow who wrote a biography of Fairborn -an unauthorized biography, obviously. There were a few people around who’d received purple envelopes over the years, and some of them were willing to let the writer read them. He was going to quote at length from them in his book, until Fairborn went to court and put a stop to it.”
“The guy couldn’t even quote excerpts from the letters?”
“The court ruled that he could report on their contents, because that was a matter of fact, but he couldn’t quote without infringing on Fairborn ’s copyright. He could paraphrase, but not in great detail, and the upshot of it all was that he couldn’t write the book he’d set out to write, and the one he wound up with wasn’t one too many people wanted to read.”
She thought about it. “If nobody can publish his letters,” she said, “what does Fairborn care who owns them? What difference does it make to him if they sit in Anthea Landau’s files or in some collector’s library? If they can’t be published…”
“But they can. Sort of.”
“You just said…”
“I know what I said. You couldn’t quote them in a book, or even paraphrase them in great detail. But you could quote from them and give a detailed description of their contents in an auction catalog.”