OUP accused of tax offence
The ten-year old battle between author Andrew Malcolm and the Oxford University Press took another twist with allegations made in a new edition of Malcolm's book The Remedy that the OUP is contravening the terms of its tax-exempt status by funding the university rather than ploughing surpluses into unprofitable publishing like poetry and music.
The OUP was quick to respond to these allegations. Public Affairs Manager, Ms Caroline Pailing said, 'he has got it completely wrong'. She explained that the OUP as an integral part of the University could not be contravening its tax-status by paying part of its surpluses to the University. She pointed to OUP's flourishing music books list, published from OUP New York, and to the new poetry publishing deal with specialist publisher Carcanet as debunking Malcolm's allegations that poetry and music publishing had suffered as a result of the payment of funds to the university.
In 1990, the OUP lost a court case to Malcolm relating to a breach of a gentleman's agreement to publish his book, Making Names. It is alleged the OUP was criticised at the legal hearing for 'harsh and unfair' treatment. The case was eventually settled out of court. Malcolm then established a publishing house called AKME Publications in 1992 to publish Making Names the controversial philosophical text, which OUP had refused to publish. AKME's web-site now provides a resource for disaffected authors contemplating litigation against publishers. Malcolm's web-site also claims his court case against OUP was the most important case in British publishing law.
In a statement to the OUP, Ms Pailing pointed to OUP's corporate statement which says "Oxford University Press is a department of the University of Oxford it furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide." She said, "the OUP's corporate statement was included on its headed notepaper in July 1998 as part of a new visual identity. This decision was completely unrelated to the issue of its tax-exemption".
Andrew Malcolm was unavailable for comment.
4th Nov 1999