Amended Noticer of Application t-500-14 Sept 23 2014 Redlined Maltz V Witterick PDF

Court File No.
T-500-14
FEDERAL COURT
BETWEEN
JUDY MALTZ, BARBARA BIRD and RICHIE SHERMAN
Applicants
- and -
JENNIFER L. WITTERICK and PENGUIN CANADA BOOKS INC.
Respondents
NOTICE OF APPLICATION
Amended September 23, 2014 pursuant to Order dated September 22, 2014
(Filed pursuant to s. 34(4) of the Copyright Act, R.S.C. 1985 Ch.1985, C-42 as amended and
Rules 61 and 300 of the Federal Courts Rules)
TO THE RESPONDENTS:
A PROCEEDING HAS BEEN COMMENCED by the Applicants. The relief claimed by the
Applicants appears on the following pages.
THIS APPLICATION will be heard by the Court at a time and place to be fixed by the Judicial
Administrator. Unless the Court orders otherwise, the place of hearing will be as requested by
the Applicants. The Applicants request that this application be heard at Ottawa.
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IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the
application or to be served with any documents in the application, you or a solicitor acting for
you must file a notice of appearance in Form 305 prescribed by the Federal Courts Rules and
serve it on the Applicants’ solicitor or, if the Applicants are self-represented, on the Applicants
WITHIN 10 DAYS after being served with this notice of application.
Copies of the Federal Courts Rules, information concerning the local offices of the Court and
other necessary information may be obtained on request to the Administrator of this Court at
Ottawa (telephone 613-992-4238) or at any local office.
IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR

ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.
Date: February 27, 2014
Issued By: ______________________________
Address of Local Office:

Federal Court
90 Sparks Street
Ottawa, ON K1A 0H9
TO: Jennifer L. Witterick

283 Russell Hill Rd.
Toronto, Ontario
Canada
M4V 2T5
AND TO: Penguin Canada Books Inc.

Suite 700
90 Eglinton Avenue East,
Toronto, Ontario
Canada
M4P 2Y3
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This application is for:
1) A declaration that the Applicants are the creators and the owners of valid and subsisting
copyright and moral rights in the original dramatic work, namely the cinematographic
work entitled No. 4 Street of Our Lady (hereinafter the “Work”);
2) A declaration that the Respondents have, contrary to the Copyright Act, R.S.C. 1985 Ch.
C-42 as amended (hereinafter the “Copyright Act”), infringed the Applicants’ copyright
and moral rights in the Applicants’ Work as follows:
a. The Respondent Jennifer Witterick has, either directly or indirectly, and without
the Applicants’ consent:
i. Reproduced a substantial part of the Applicants’ Work in her Book My
Mother’s Secret (hereinafter the “Book”);
ii. Published a substantial part of the Work, which had not been previously
published in book format, in the form of her Book;
iii. Converted the Applicants’ Work into a novel, namely her Book;
iv. Authorized iUniverse, Inc. and, Penguin Canada Books Inc. and/or
Penguin Group (USA) LLC directly or indirectly, to reproduce a
substantial part of the Applicants’ Work in the form of printed editions of
the Book;
v. Authorized Penguin Canada Books Inc. itself and/or Penguin Group
(USA) LLC and others in turn, through Penguin Canada Books Inc.,.
and/or Penguin Group (USA) LLC, directly or indirectly, to produce and
reproduce translations and reproductions of a substantial part of the
Applicants’ Work in the form of the Book;
vi. Authorized the Respondent Penguin Canada Books Inc., iUniverse, Inc.
and others, including Penguin Group (USA) LLC, directly or indirectly, to
authorize Amazon and others to reproduce a substantial part of the
Applicants’ Work in the form of an eBook edition of the Book which, in
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turn, has resulted in a communication of a substantial part of the

Applicants’ Work to the public by telecommunication of the eBook and
an authorization to members of the general public to make such
reproductions of a substantial part of the Applicants’ Work on their own
devices;
vii. Authorized Penguin Canada Books Inc. and/or Penguin Group (USA)
LLC, directly or indirectly, to license or otherwise authorize its affiliates
and others outside of Canada acting as agents or licensees to reproduce a
substantial part of the Applicants’ Work in the form of the printed edition
of the Book that infringes the Applicants’ copyright in Canada;
viii. Imported infringing copies of the Book into Canada;
ix. Failed to associate the Applicants with the substantial part of the
Applicants’ Work included in the Book; and,
x. Further, or in the alternative, engaged in the aforesaid acts with respect to
a colourable imitation of the Applicants’ Work in the form of the Book.
b. The Respondent Penguin Canada Books Inc. has, either directly or indirectly, and
without the Applicants’ consent:
i. Reproduced a substantial part of the Applicants’ Work in the form of the
printed and eBook editions of the Book;
ii. Published a substantial part of the Work, which had not been previously
published in book format, in the form of the Book;
iii. Converted the Applicants’ Work into a novel, namely the Book;
iv. Produced and reproduced translations and reproductions of a substantial
part of the Applicants’ Work in the form of the printed and eBook
editions of the Book;
v. Authorized others, directly or indirectly, including Penguin Group (USA)
LLC and other affiliated entities in the international Penguin Group, to
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reproduce a substantial part of the Applicants’ Work in the form of

printed editions of the Book;
vi. Authorized directly, or indirectly through Penguin Group (USA) LLC,
Amazon and others to reproduce a substantial part of the Applicants’
Work in the form of an eBook edition of the Book which, in turn, has
resulted in a communication of a substantial part of the Applicants’ Work
to the public by telecommunication of the eBook and an authorization to
members of the general public to make reproductions of a substantial part
of the Applicants’ Work on their own devices;
vii. Authorized others, both within and outside of Canada, to undertake the
foregoing acts by purporting to grant or license rights belonging solely to
the Applicants to a substantial part of the Applicants’ Work;
viii. Sold, distributed and imported copies of the Book into Canada that
infringe the Applicants’ copyright in Canada;
ix. Failed to associate the Applicants with the substantial part of the
Applicants’ Work included in the Book; and
x. Further, or in the alternative, engaged in the aforesaid acts with respect to
a colourable imitation of the Applicants’ Work in the form of the Book.
3) Damages of $1,000,000 from each of the Respondents for infringement of the

Applicants’ copyright based upon the Applicants’ losses suffered due to the aforesaid
infringement;
4) An order for a reference and a full accounting by each of the Respondents of all revenues
received by them and the disgorgement and payment to the Applicants of all the profits
made by them and those directly or indirectly authorized by each of the Respondents
based upon the purported grant or license of rights belonging solely to the Applicants to a
substantial part of the Applicants’ Work;
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5) Damages of $1,000,000 from each of the Respondents for the infringement of the
Applicants’ moral rights;
6) Punitive damages from each of the Respondents in the amount of $1,000,000;
7) In the alternative, and at the election of the Applicants pursuant to s. 38.1 of the
Copyright Act, statutory damages available pursuant to s. 38.1 of the Copyright Act
instead of damages available pursuant to s. 35(1) of the Copyright Act for each version or
translation or edition of the Book that has been published;
8) Delivery up for destruction, or at the Applicants’ sole election, destruction under oath of
all printed copies, including translations, and all plates and electronic files of the Book;
9) An order requiring the Respondents to notify any third party whom they authorized to
reproduce, sell, distribute, or communicate to the public by telecommunication copies of
the Book that those copies are infringing copies, and to exercise any contractual rights
they have to recall or cause the destruction of any printed or electronic copies of the
Book in the hands of third parties;
10) A permanent injunction restraining each of the Respondents and their directors, officers,
employees, agents and all those over whom they exercise control directly or indirectly
through licensing or otherwise from directly or indirectly infringing the Applicants’
copyright and moral rights as aforesaid;
11) Costs of this application from each of the Respondents on a solicitor and client basis;
12) Pre-judgment and post-judgment interest; and,
13) Such further and other relief as this Honourable Court may deem just.
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The Grounds Of This Application And The Material Facts Supporting It Are:
1. The Applicants are as follows:

a. JUDY MALTZ (hereinafter “Maltz”) is a professional journalist, news editor,
copy editor and documentary filmmaker. She currently serves as a senior
correspondent for Haaretz, Israel’s most respected newspaper and online
publication, which is a partner with the International New York Times. She
resides at 4 Shaul Hamelech Blvd., Apt. 91, Tel Aviv, 64733, Israel.
b. BARBARA BIRD (hereinafter “Bird”) is a documentary filmmaker, Director of
International Programs and Associate Professor of Film at The Pennsylvania State
University. She resides at 864 N. Allen Street, State College, Pennsylvania, USA,
16803.
c. RICHIE SHERMAN (hereinafter “Sherman”) is a documentary filmmaker and
Associate Professor of Film at The Pennsylvania State University. He resides at
167 S. Kirk Street, Pine Grove Mills, Pennsylvania, USA, 16868.
2. The Respondents are as follows:

a. Jennifer L. Witterick (hereinafter “Witterick”) is the founder, president and
CEO of Sky Investment Counsel, Inc., a Toronto investment firm established in
2004 with approximately $1.8 billion in assets, and the author of the Book
entitled “My Mother’s Secret”, her first published work. She is a resident of
Toronto, Ontario.
b. Penguin Canada Books Inc. (hereinafter “Penguin Canada”) is a Canadian
company that is part of the worldwide Penguin Group. The Penguin Group is a
trade book publisher and is, in turn, part of Penguin Random House. It is owned
by Pearson PLC, the global education and publishing company, and Bertelsmann,
the German media conglomerate.
3. The Applicants are the authors and makers of a dramatic work, a documentary film
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entitled No. 4 Street of Our Lady, as well as the authors of its underlying script. The Work had
its premiere at the State Theatre in State College, Pennsylvania, on March 1, 2009. The Work,
which has earned numerous awards, has been screened since then at dozens of festivals and
events around the world and broadcast on television in the USA, Israel and Poland. More details
about the Work, including the awards and reviews it has received, are available on its official
website at http://www.streetofourlady.org.
4. The Work cost approximately $100,000 in direct expenses to produce, not including the
time of the Applicants, for which they were not paid.
5. The Work became available for sale in DVD format on September 3, 2009, and has been
available for sale in DVD format since then in the USA, Canada and throughout the world. It has
been available in paid downloadable and streamed format since 2010.
6. Copyright in the Work has been registered in the Canadian Copyright Office as
Registration Number: 1107763. A copy of the registration certificate is attached hereto as
Appendix “A”.
7. The Work is a documentary based upon the true story of Franciszka Halamajowa, a
Polish-Catholic woman who rescued 15 of her Jewish neighbors during the Holocaust in the
small town of Sokal, then in Eastern Poland and now in Ukraine, while cleverly passing herself
off as a Nazi sympathizer. Amongst those saved by Halamajowa were Maltz’s grandparents and
father, two aunts and an uncle. Prior to the release of the Work, this story was virtually
unknown, recorded only in the posthumously published diary of the late Moshe Maltz
(hereinafter the “Maltz diary”), who was one of those rescued by Halamajowa. A limited number
of copies of the Maltz diary were self-published in New York in 1993 by Moshe Maltz’s sons,
Herbert and Nathan Maltz, but it has been out of print for approximately 20 years. Copyright in
the Maltz diary is now owned by the Applicant Maltz, who is the granddaughter of Moshe Maltz
and the daughter of Herbert Maltz.
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8. The Work, in keeping with the tradition of a professional documentary, represents a

significant creative undertaking by the Applicants, which involved planning, filming, reviewing,
selecting, processing and editing dozens of hours of interviews and testimonials to create an
original expression of a true story. The making of the Work entailed the exercise of significant
skill and judgment involving the knowledge, developed aptitude and practiced professional
ability of the Applicants in creating and producing it. The Applicants exercised their capacity for
discernment and ability to form an opinion or evaluation by comparing a vast number of
different possible options in producing the Work. Approximately 40 hours of video were
distilled and edited into this 90-minute documentary. Most of the footage for the Work was shot
on location in Ukraine during a 7-day period in 2007.
9. The filmmakers invested almost three years in making this Work. Their work involved,
inter alia:
a. conducting dozens of interviews with survivors, descendants of the rescuers and

experts;
b. locating the house in Sokal where the Jewish families had been hidden;
c. finding residents of Sokal who had been acquainted with the Jewish families and
the rescuers;
d. organizing the logistics of a trip to Sokal for the survivors, their descendants and
the descendants of the rescuers;
e. planning the schedule of the shooting and interviews;
f. capturing on camera, logging and transcribing about 40 hours of footage;
g. researching and reviewing hundreds of pages of testimonials and letters, some
written in Yiddish;
h. unearthing old family photos and home movies;
i. reviewing, selecting and clearing rights to stock footage from film archives; and
j. taking all this material, developing a narrative, and cutting and editing it down
into a 90-minute documentary, using a very careful selection process that required
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much skill, judgment and creativity so that ultimately they produced a work that
reflects their own original interpretation of events and the respective roles of the
individuals who partook in them.
10. The story, which the Applicants chose to tell in the Work, depicts the dramatic events
that took place in the small town of Sokal during World War II and the heroic rescue of 15 Jews
by the Polish-Catholic woman Franciszka Halamajowa and her daughter Helena.
11. The following is a brief synopsis of this story. On the eve of World War II, more than
6,000 Jews lived in Sokal, a town situated along the Bug River in an area known then as Eastern
Galicia. By the end of the war, only about 30 had survived, half of them rescued by Halamajowa,
who received tremendous assistance from her daughter Helena. For close to two years, she hid
her Jewish neighbours in her tiny home and cooked and cared for them, right under the noses of
her hostile neighbours. In the final months of the war, she also had German troops camped on
her property. Two families were hidden in the hayloft of her pigsty and one family in a hole dug
under her kitchen floor. In the final months of the war, she also provided shelter to a German
soldier who had defected –- an act that nearly led to her execution. Even amongst the small
minority of Poles who risked their lives to save Jews during the Holocaust, Halamajowa's is by
all accounts an unusual story, considering the number of people she rescued and the amount of
time she fed and cared for them, as well as the fact that she was hiding a German defector part of
the same time.
12. Both Franciszka and Helena Halamajowa were recognized in 1986 by Yad Vashem, the
Israeli national Holocaust memorial center, as “Righteous Among the Nations” –- the highest
honor bestowed by the State of Israel on those who saved Jews during the Holocaust.
13. The Work is now included in the educational resources of Facing History and Ourselves,
the international Massachusetts-based organization that trains thousands of teachers worldwide
to teach students about the Holocaust, genocide and racism.
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14. In February 2011, following the release of the Work, the Anti-Defamation League
decided to posthumously honour Franciszka Halamajowa with its "Courage to Care Award" for
her bravery and selfless acts during the Holocaust. Previous recipients of this prestigious award
include Jan and Miep Gies, who hid Anne Frank and her family, and Oskar Schindler, the hero of
the film “Schindler's List”, who saved 1,200 Jews during the Holocaust by employing them in
his factory.
15. The Respondent Witterick, by her own admission, saw the Work as early as November
10, 2011, at a screening in Toronto, Ontario at Congregation Habonim as part of its annual
Holocaust Education Week program. She has also acknowledged at a public speaking event that
she downloaded a copy of the Work.
16. On or about March 25, 2013, iUniverse, Inc., (hereinafter “iUniverse”), an American
self-publishing company, published the Book with the authorization of the Respondent
Witterick. The Book was described as “based on a true Holocaust story”. Within a month, it
entered the Toronto Globe & Mail bestseller list in the category of “Canadian non-fiction” and
stayed on that list for many weeks. The Book has been widely available in printed format both in
stores and through eCommerce sites, such as Amazon. It is also available online as an eBook,
including via Amazon’s Kindle and Indigo’s Kobo editions. iUniverse is part of the worldwide
Penguin Group.
17. With the exception of certain limited fictional aspects described below, the plot of the
Book is almost identical to that of the Work. The Book tells the story of a Polish-Catholic
mother and daughter, Franciszka and Helena Halamajowa, who save several Jewish families
during the Holocaust, along with a German soldier who defects from the army. Some of the Jews
are hidden in the pigsty above her hayloft and others in a hole dug under the kitchen floor. The
Halamajowa house is located on Street of Our Lady in the small town of Sokal on the Bug River
in Eastern Poland. The names of the two heroines are unchanged in the Book, as are the names
of the town and the address of their home. How the Halamajowa mother and daughter came to
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know these Jews, how they were able to provide for them for almost two years and the ploys
they used to deflect attention from what was going on in their home are important elements of
the Work that all find their way into the Book. The tragic events that befall the Jewish families
before they manage to find refuge with the Polish mother and daughter are a key part of the
dramatic build-up in the Work, as they are in the Book. These events include the massacre of
hundreds of Jewish men at the local brick factory and the untimely death of a baby girl whose
mother is confronted with an awful choice. Like the Work, the Book relies heavily on the
details and descriptions provided by the survivors, as selected and edited by the Applicants,
about their experiences in hiding. Many of the creative devices that the Applicants used to design
the narrative of the Work and to illustrate the personality traits of the main characters are also
incorporated in the Book.
18. However, the activities of the Respondents have caused significant elements of the public
to become aware of the fictionalized version of the story, as told by Witterick in her Book, rather
than the authentic version, as set forth in the Work, without which the Book would not exist and
which copies substantial parts of the Work.
19. With the exception of a few quantitatively limited changes to the factual narrative that
occur in the Book -- mainly the introduction of a romantic element involving Halamajowa’s
daughter, a happy ending to the story involving the German defector, and the false portrayal of
Maltz’s great-grandfather as an alcoholic who dies from drinking, when in fact he died in a Nazi
death camp -- the Book tells a story that is almost identical to that told in the Work, and in a way
that is substantially similar to and a colourable imitation of the Work. Although some of the
names of the characters and places have been changed, the names of the main protagonists and
places are the same.
20. The alteration of the Work by adding these fictionalized and sensationalized aspects does
not change the fact that the Book is substantially similar to and a colourable imitation of the
Work. Other than distorting the Work and causing significant elements of the public to become
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aware of a fictionalized and sensationalized version of the Work, the Book contains very little
original expression of its own.
21. In the Respondents’ own description of the Book, as it appears on Penguin Canada’s
website and other promotional materials, the fictionalized elements added by Witterick receive
no mention. This clearly illustrates that the Respondents also understand that the most essential
and compelling features of the Book-- its chief “selling points” -- are those that were copied
extensively and even slavishly from the Work. The Respondents’ description of the Book on
Penguin Canada’s website and the Applicants’ description of the Work on their own website are
reproduced in Appendix “B”.
22. The cumulative effect of the great amount of material copied from the Work that, in turn,
forms essential elements of the Book, is such that any reasonable observer would conclude that
the Book is an adaptation of the Work.
23. Taken as a whole, the Book, which includes the main elements and countless details
copied literally or nearly literally from the Work, as well as considerable cumulative copying of
other features of the Work, is in any quantitative, qualitative and holistic sense a reproduction of
a substantial part of the Work. Moreover, even where the Book does not exhibit literal or near
literal copying from the Work, it is nonetheless a colourable imitation thereof, as shown by the
many attempts to disguise or deceptively differentiate it from the Work. Such attempts include,
but are not limited to, the changing of some character names, the fictional elements described
elsewhere in this Application and the omission in the Acknowledgements section of any
reference to the Work.
24. At all material times, the Applicants maintained a website at

http://www.streetofourlady.org/, which provided a readily apparent email address of
info@streetofourlady.org to facilitate contact. Nevertheless, Witterick never initiated any contact
of her own with Maltz, the other creators of the Work, or the survivors featured in the Work to
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let them know of her intentions to write a book about this story. Nor did she take any steps to
inform them that the Book had been published. The Applicants only became aware of the Book
after its publication, when on April 2, 2013, Maltz was contacted by a woman who had seen the
Work and was immediately struck by the similarities between the Work and the Book.
25. After she had learned of the existence of the Book, but without having yet seen the Book,
Maltz found a synopsis of it on Witterick’s website and was struck herself by the apparent
similarities to the Work. On April 3, 2013, she initiated contact with Witterick by email, and in
the ensuing exchange of emails, Witterick admitted that she had seen the Work and that she had
created a “fictional story based on what happened”. She then offered her “deepest apologies” for
not associating Maltz with the Book or providing any credit to the Work. Witterick subsequently
sent a few copies of the Book to Maltz. She also wrote in this email exchange that “now that I
know how you feel, I will definitely make sure to reference it in all my discussions”.
26. However, despite having ample opportunity to do so, Witterick chose not to. To this day,
for example, she has not updated the Book website, the Book Facebook page, or the synopsis of
the Book that appears on Amazon's website to include reference to the Work. Nor did she
update the Acknowledgements section of the Book, in the new Penguin versions that were
published five months later, to include reference to the Work. In addition, in a press release
clearly authorized by Witterick announcing her bestselling author status and published by
Westwind Communications on June 18, 2013, more than two months after her correspondence
with Maltz, no mention whatsoever was made of the Work or its creators.
27. Maltz looked briefly at the Book when she received it but delayed reading it for several
months because the whole situation was causing her great distress, particularly the fact that
someone she did not know and who had not consulted with her had taken the liberty to make use
of a work she had created based on a very personal family story.
28. When Maltz finally read the Book in early August 2013, she noticed that significant
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excerpts from the Work, including considerable material elicited during interviews conducted in
the filmmaking process, as well as other expressive elements, had been copied verbatim or nearly
verbatim, and that the compilation of historical facts and other elements contained in the Book
were substantially similar to that in the Work. Moreover, although the Book contained credits
extending over four pages mentioning numerous individuals and institutions, there was no
reference whatsoever to the Work or any of its creators. A copy of the Acknowledgments pages
of the iUniverse edition, which is virtually identical to the later Penguin American and Canadian
editions, is attached hereto as Appendix “C”.
29. At about the same time, Maltz also became aware via information available on the
internet that the Book was about to be published in several countries and in several languages by
the international Penguin Group. She thereupon contacted Mr. Alex Gigante, Senior Vice
President and General Counsel of Penguin Group (USA),) LLC, by email on August 11, 2013,
alerting him to her concerns about copyright infringement and lack of credit or attribution. Mr.
Gigante promptly responded on August 12, 2013, and insisted that no improper copying had
taken place, because, in his view, what was copied were only “historical facts”, which he
claimed could be freely copied under American law. Also, according to him, American law
requires no attribution. Maltz did not reply to Mr. Gigante’s invitation to prepare a detailed
analysis of instances of copying, since she believed it was the Penguin Group’s responsibility to
undertake appropriate due diligence once she had alerted it to the issues of both copyright and
moral rights infringement.
30. According to information available on the internet, Witterick requested an advance of

$75,000 from the Penguin Group for rights to publish her Book.
31. On or about September 5, 2013, the Book was published in the USA by Penguin Group
(USA) LLC under the G.P. Putnam’s Sons imprint. The details of this publication in other
countries are known to the Respondent Penguin Canada and to Witterick, though not to the
Applicants. Penguin Group (USA) LLC (hereinafter “Penguin USA”) is also part of the
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worldwide Penguin Group.
32. The Work is the only documentary available and the only readily available source of
material today that relays this particular Holocaust rescue story. Amongst other things, it also
incorporates otherwise unavailable testimonies from those Jews saved by Halamajowa, her
descendants and her former neighbours.
33. Witterick has admitted access to the Work at material times. It appears that the only
source of historical information for the Book was the Work. There is no indication that
Witterick conducted any historical research about the particular Holocaust rescue story that is the
subject of the Book aside from the numerous instances of direct copying of material from the
Work. The only additional historical material that is found in the Book consists of a few
universally known facts, such as the dates when Hitler came to power and invaded Poland and
the existence of an anti-Nazi resistance movement in Poland.
34. The Work is, amongst other things, a compilation of factual events, material elicited in
interviews, recollections of intimate personal events, ruminations and observations. The final
product reflects the considerable skill and judgment of the creators in the selection, coordination
and arrangement of the massive amounts of material and footage they collected. It is, therefore, a
work that carries their unique and original storytelling touch. The Book simply and extensively
reproduces key elements of this original and unique work, ranging from the verbatim copying of
several hundred words to the replication of prominent features of its overall structure, its
intentional focus on particular events and individuals, and its use of specific narrative devices.
Much, if not most, of what was copied consists of the original expression of subjective,
descriptive and emotive content that is clearly protected by the Applicants’ copyright. The entire
content of the Work concerns the intimate, yet extraordinary, rescue story of otherwise very
ordinary people who were not part of the great historical canvas of the Holocaust or World War
II. None of the characters or events in the Work or the Maltz diary are described in any other
readily available chronicle or document, apart from press reviews and articles about the Work
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and the long out-of-print Maltz diary, of which only a limited number of copies were produced.
Apart from the artifice of adding some fictional elements to a historically based documentary,
the overall narrative, its structure and organization, the selection of details and use of expression,
including literal copying, show that the Book is substantially and strikingly similar to the Work
and copies substantial parts of the Work. In fact, Maltz has been asked numerous times about the
similarity by individuals who have seen the Book prominently displayed in bookstores who
assume that she was involved with or gave permission for its publication.
35. The publication of the Book has been accompanied by considerable efforts at publicity.
These include numerous speaking engagements and press interviews by Witterick, the provision
of large numbers of free copies of the Book which the Applicants believe were purchased by
Witterick herself, and even advertisements in transit vehicles in major Canadian cities.
The Nature of Copyright and Moral Rights Infringement
36. Witterick and Penguin Canada have copied, and authorized others directly or indirectly to
copy, the following aspects, inter alia, of the Applicants’ Work in the Book:
a. Several hundred (approximately 350) words of verbatim or nearly verbatim

dialogue, narration and text from the Work;
b. Substantial amounts of interview material from the Work;
c. Expressive elements of the Work concerning intimate and emotive family
incidents, as well as comments and observations that were not otherwise on the
historical record or available or accessible apart from the Work, but which
constitute essential features of the drama that plays out in the Work; and,
d. The selection and the arrangement of historical facts and interview material that
form the basis of the Work.
37. A chart demonstrating some examples of the types of copying from the Applicants’
Work in Witterick’s Book are shown in Appendix “D” to this Application. This comparison
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clearly illustrates that the cumulative effect of the features copied from the Work amount to a
substantial part of the Applicants’ skill and judgment expressed in this Work as a whole and
constitute a substantial part of the Applicants’ Work by any measure or criterion.
38. Appendix “D” also shows numerous examples of material copied verbatim or nearly
verbatim by Witterick in her Book from the Work. Witterick also copied numerous depictions of
personalities and interactions amongst the characters in the Work, many if not most of which
were taken directly from the Work, including such intimate and personal details as mentioning
that the happiest moment of Maltz’s father’s young life was beating his father (Maltz’s late
grandfather, Moshe Maltz) at chess in the hideout, as noted in item 14 of Appendix “D”.
39. Witterick is entitled to write any genre of book depicting a Holocaust rescue story. She is
also entitled to draw inspiration and make use of countless sources of historical and other
materials and, through the use of her own authorial skill and judgment, to create her own original
expression. But instead, she copied a substantial part of the Work, produced a colourable
imitation of the Work and converted the Work into a novel. She saved herself most, if not all, of
the time, trouble, and expense involved in undertaking a project of this nature and, instead,
utilized the Applicants’ skill and judgment instead of exercising her own. As a first-time author,
she chose to appropriate substantial parts of the Work, add limited factual modifications, call it
“fiction“ and present it as her own.
40. The Applicants do not know where the printed copies of the Book were made. However,
the Canadian edition of the Penguin Group Book, which bears ISBN number 978-0-670-06810-
4, appears to have been printed in the USA. A copy of the copyright page of this edition is
attached hereto as Appendix “E”. The copyright owner is identified as J.L. Witterick. The
printing of these books was authorized by Witterick and Penguin Canada and/or Penguin USA.
A large quantity of these books have been imported and sold in Canada. The quantity of these
importations and sales is known to Penguin Canada, though not to the Applicants.
19
41. The American edition of the Penguin Group Book, which bears ISBN number 978-0-
399-16854-3, appears to have been printed in the USA and published by Penguin Group (USA)
LLC, doing business under the imprint G.P. Putnam’s Sons. A copy of the copyright page of this
edition is attached hereto as Appendix “F”. The copyright owner is identified as J.L. Witterick.
The printing of these books was authorized by Witterick and Penguin Canada and/or Penguin
USA. The American edition has also been distributed and sold in Canada via such eCommerce
sites as Amazon.com. The quantity of these importations and sales is known to Penguin Canada,
though not to the Applicants.
42. The iUniverse editions of the Book, which bear ISBN numbers 978-1-4759-6257-4 (soft
cover) and 978-1-4759-6278-1 (hard cover), appear to have been printed and published in the
USA on or about March 25, 2013. A copy of the copyright page of this edition is attached hereto
as Appendix “G”. The copyright owner is identified as J.L. Witterick. The eBook ISBN number
is 978-1-4759-6389-5.
43. The printing and publishing of both the Penguin Group (USA) and iUniverse editions of
these books was authorized directly or indirectly by Witterick. These American editions have
also been distributed and sold in Canada via such eCommerce sites as Amazon.com, Amazon.ca
and chapters.indigo.ca, as authorized by Witterick.
44. iUniverse, with Witterick’s authorization, has also taken active steps to promote the sale
of the Book that it printed by offering exclusive publishing packages that include getting these
Canadian authorized books on the chapters.indigo.ca website and on the shelf at local Canadian
Indigo, Chapters and Coles bookstores and targeting such services for self-publishing Canadian
authors.
45. In addition to printed versions of the Book, in both hard and soft cover, Witterick and or
Penguin Canada have also produced or authorized the reproduction and distribution of various
eBook versions of the Book, such as those available via Amazon’s Kindle service and Chapters-
20
Indigo’s Kobo service. The eBook versions enable readers to download copies of the Book and
read them using various electronic devices.
46. Online retailers of eBooks, such as Amazon and Chapters-Indigo, also make eBook
versions of the Book available to be read remotely by accessing and viewing copies that are
stored on “cloud” servers. Through these services, readers can gain access to the Book from a
place and at a time that they choose and read it on a personal computer or on a mobile device
without downloading and saving the Book on these platforms. This communication of the Book
to the public by telecommunication, which has been authorized by the Respondents, constitutes
communication to the public by telecommunication of a substantial part of the Work. Such
eBook versions have been authorized by Witterick, iUniverse, Penguin Canada and/or Penguin
USA.
47. The various American editions and the eBook editions have been directly or indirectly
targeting Canadian audiences through the efforts of the publishers, as authorized by Witterick,
and by Witterick herself. Such efforts have included public readings and extensive advertising in
print media, on transit vehicles and online.
48. Both the iUniverse and Penguin USA editions of the Book, in both hard and soft cover
and eBook format, are readily available to Canadians via eCommerce sites and have been
imported, sold and distributed in Canada by or with the authorization of all of the Respondents.
49. Witterick and Penguin Canada and others directly or indirectly authorized by them,
including iUniverse and Penguin USA, have infringed the Applicants’ moral rights by failing to
provide any credit to the Applicants and thereby contravening the Applicants’ right to be
associated with the Book as contributors of substantial portions of the content of the Book.
50. Witterick and Penguin Canada and others directly or indirectly authorized by them,
21
including iUniverse and Penguin USA, have also violated the Applicants’ moral right of integrity
by distorting and mutilating the Work through the addition of gratuitous and prejudicial
elements of fictionalization, including the highly prejudicial portrayal of Maltz’s great-
grandfather as an alcoholic who died of alcoholism, when he in fact was murdered in a Nazi
death camp.
51. Witterick used her early apparent success with the self-published edition to enter into a
worldwide publishing deal with the Penguin Group. The details of this deal are known to the
Respondents but not to the Applicants. However, on September 19, 2013, Quill & Quire,
Canada’s authoritative Magazine of Book News and Book Reviews, reported that the Book had
sold 15,000 copies to date since it had been self-published six months earlier and that “world
rights” had been acquired by Putnam, an imprint of the Penguin Group. Quill & Quire also noted
at this time that the Book had been sold in Germany, Spain, Italy, the Netherlands, Taiwan,
Hong Kong, Thailand and other territories.
52. On November 21, 2013, iUniverse announced in a press release that foreign publishing
rights to the Book had been sold to G.P. Putnam’s Sons, one of the world’s leading trade
imprints.
53. In her email correspondence with Maltz on April 4, 2013, Witterick stated explicitly that
the Work, and the Work alone, had been what prompted her to write the Book, when she noted
that “I saw the documentary No. 4 Street of Our Lady and couldn't stop thinking about it. I was
so moved by what happened that I decided to create a fictional story based on what happened.”
Yet subsequently, and especially after Maltz raised her concerns about copyright infringement,
the Respondents have deliberately tried to distance the Book from the Work and to downplay its
role in the making of the Book. The aforementioned press release, announcing the contract with
the Penguin Group and clearly authorized by Witterick, notes that she was inspired to write the
story after visiting Yad Vashem in Jerusalem where she “learned of Halamajowa’s story.” This
not only contradicts Witterick’s earlier admission in the email correspondence with Maltz, but it
22
also blatantly contradicts what is written in the Epilogue to the Book, where Witterick states
unequivocally that the visit to Yad Vashem took place after the Book had already been written.
Only as a parenthetical afterthought in the press release does she even mention the Work.
54. Penguin Canada, Penguin USA and iUniverse are affiliated with each other, the details of
which are known to them. Witterick has authorized iUniverse and, Penguin Canada and/or
Penguin USA, directly or indirectly, to engage in all of the abovementioned acts and omissions,
and to enter into arrangements, the details of which are known to them, to authorize other
affiliates of the Penguin Group in other countries and other third parties in Canada and other
countries to engage in these acts and omissions.
55. By engaging in these acts and authorizing these third parties to engage in activities that
neither Witterick nor Penguin Canada had any right or colour of right to engage in themselves,
the Respondents have infringed the Applicants’ copyright and moral rights pursuant to s. 3, 14.1,
27(1), 27(2), 28.1 of the Copyright Act, and are liable for all profits earned by them and their
affiliates and all damages suffered by the Applicants as a result of such infringing authorization
and other infringing acts.
56. Because the chain of authorization began with Witterick to iUniverse and Penguin
Canada, and because the latter two are related to Penguin USA, which is the hub of the
worldwide Penguin Group, the Respondents Witterick and Penguin Canada are jointly and
severally liable for the profits derived and the damages caused by the entire Penguin Group and
those authorized by it directly or indirectly on a worldwide basis.
57. Witterick has deliberately avoided required association of the Applicants with the Book
and has deliberately copied substantial parts of the Work and continues to authorize infringing
activity. Penguin Canada and/or Penguin USA and its affiliates have published the Book
internationally and arranged for its translation into several languages, despite being on actual or
constructive notice from Maltz by reason of her contact with and letter of August 11, 2013, to
23
Mr. Alex Gigante of Penguin USA alerting the international Penguin Group of the likelihood that
the Book infringes the Work in several respects.
58. The Penguin edition of the Book, as published in Canada, falsely states on the copyright
notice page that:
Publisher’s Note: This Book is a work of fiction. Names, characters, places and
incidents either are the product of the author’s imagination or are used
fictitiously, and any resemblance to actual persons living or dead, events or
locales is entirely coincidental.
59. The American edition of the Book, as authorized by Penguin Canada, falsely states on the
copyright notice page that:
This is a work of fiction. Names, characters, places and incidents either are the
product of the author’s imagination or are used fictitiously, and any resemblance
to actual persons living or dead, businesses, companies, events or locales is
entirely coincidental.
60. These statements on the copyright pages of the American and Canadian Penguin editions
are in contrast to that found in the original iUniverse edition which states:
Certain characters in this work are historical figures, and certain events portrayed did
take place. However, this is a work of fiction. All of the other characters, names and
events as well as all places, incidents, organizations, and dialogue in this novel are either
the products of the author’s imagination or are used fictitiously.
61. In fact, most of the Book is based upon real events, as well as actual names and places,
which are copied from the Work. This is not mentioned anywhere in the Book.
24
62. Witterick’s and Penguin Canada’s and Penguin USA’s false and misleading statements
on the copyright notice pages of the Penguin editions have disguised and hidden the true
authorship of a substantial part of the Book. Indeed, the Book would not have been possible
without the Work. These notices and the incomplete list of credits found in the Book exacerbate
Witterick’s acts of infringing, copying and plagiarism and Penguin Canada’s apparently ongoing
attempt to deny the Applicants’ right to be associated with the Book as sources of a substantial
part thereof.
63. Such false and misleading statements, together with additional contradictory statements
made publicly by Witterick and which will be provided in evidence, indicate an “animus
furandi” with respect to both copyright and moral rights infringement.
64. For the aforesaid reasons, the Applicants are entitled to punitive damages from Penguin
Canada and Witterick.
65. Thus, the Respondents have, contrary to sections 3, 14.1, 27(1), 27(2) and 28.1 of the
Copyright Act, infringed the Applicants’ copyright and moral rights in the Applicants’ Work as
follows:
a. The Respondent Witterick has, either directly or indirectly, and without the Applicants’
consent:
i. Reproduced a substantial part of the Applicants’ Work in her Book;
ii. Published a substantial part of the Work, which had not been previously published
in book format, in the form of her Book;
iii. Converted the Applicants’ Work into a novel, namely her Book;
iv. Authorized iUniverse and, Penguin Canada and/or Penguin Group (USA) LLC,
directly or indirectly, to reproduce a substantial part of the Applicants’ Work in the
form of printed editions of the Book;
25
v. Authorized Penguin Canada itself and/or Penguin Group (USA) LLC and others in
turn, through Penguin Canada and/or Penguin Group (USA) LLC, to produce and
reproduce translations and reproductions of a substantial part of the Applicants’
Work in the form of the Book;
vi. Authorized the Respondent Penguin Canada, iUniverse and others, including
Penguin Group (USA) LLC, directly or indirectly, to authorize Amazon and others
to reproduce a substantial part of the Applicants’ Work in the form of an electronic
eBook edition of the Book which, in turn, has resulted in a communication of a
substantial part of the Applicants’ Work to the public by telecommunication of the
eBook and an authorization to members of the general public to make such
reproductions of a substantial part of the Applicants’ Work on their own devices;
vii. Authorized Penguin Canada and/or Penguin Group (USA) LLC, directly or
indirectly, to license or otherwise authorize its affiliates and others outside of
Canada acting as agents or licensees to reproduce a substantial part of the
Applicants’ Work in the form of the printed edition of the Book that infringes the
Applicants’ copyright in Canada;
viii. Imported infringing copies of the Book into Canada;
ix. Failed to associate the Applicants with the substantial part of the Applicants’ Work
included in the Book; and,
x. Further, or in the alternative, engaged in the aforesaid acts with respect to a
colourable imitation of the Applicants’ Work in the form of the Book.
b. The Respondent Penguin Canada has, either directly or indirectly, and without the
Applicants’ consent:
i. Reproduced a substantial part of the Applicants’ Work in the form of the printed and
eBook editions of the Book;
ii. Published a substantial part of the Work, which had not been previously published in
book format, in the form of the Book;
iii. Converted the Applicants’ Work into a novel, namely the Book;
26
iv. Produced and reproduced translations and reproductions of a substantial part of the
Applicants’ Work in the form of the printed and eBook editions of the Book;
v. Authorized others, directly or indirectly, including Penguin Group (USA) LLC and
other affiliated entities in the international Penguin Group, to reproduce a substantial
part of the Applicants’ Work in the form of printed editions of the Book;
vi. Authorized directly, or indirectly though Penguin Group (USA) LLC, Amazon and
others to reproduce a substantial part of the Applicants’ Work in the form of an
eBook edition of the Book which, in turn, has resulted in a communication of a
substantial part of the Applicants’ Work to the public by telecommunication of the
eBook and an authorization to members of the general public to make reproductions
of a substantial part of the Applicants’ Work on their own devices;
vii. Authorized others, both within and outside of Canada, to undertake the foregoing acts
by purporting to grant or license rights belonging solely to the Applicants to a
substantial part of the Applicants’ Work;
viii. Sold, distributed and imported copies of the Book into Canada that infringe the
Applicants’ copyright in Canada;
ix. Failed to associate the Applicants with the substantial part of the Applicants’ Work
included in the Book; and
x. Further, or in the alternative, engaged in the aforesaid acts with respect to a
colourable imitation of the Applicants’ Work in the form of the Book.
66. The Respondents have been put on notice with respect to the Applicants’ rights and the
Respondents’ infringing activity. The Respondents have been asked to cease and desist from
further infringement but have refused to do so. Such infringing activity will continue unless
enjoined by this Court.
Nature of Harm and Damages Suffered by Applicants
67. The Applicants are all respected professionals and media figures. Bird and Sherman are
award-winning filmmakers and respected professors of film at The Pennsylvania State
27
University in State College, Pennsylvania. Maltz is a well-known journalist with Haaretz,

Israel’s most respected newspaper, which is a partner of the International New York Times.
Together with Sherman, she recently released another documentary film, which has already won
several important awards. Their reputations have suffered as a result of the aforesaid
infringement and plagiarism and the inevitable inference that they have somehow been involved
in or approved of the writing and publication of the Book.
68. While the Work has received numerous awards -- including a Cine Golden Eagle, a
Silver Telly and various international film festival awards, along with very positive reviews in
the press -- the Book did not receive a favourable recommendation from Kirkus Review, the only
independent, mainstream publication that appears to have reviewed it. The inevitable implied
association of the Work with the Book has harmed and can only harm the Applicants’
reputation.
69. Nonetheless, the Book was a finalist in the Debut Fiction Category of the 2013 National
Jewish Book Award Winners, which will further exacerbate the harm and damages caused to the
Applicants’ efforts to create greater exposure for the Work and for which the Respondents are
liable.
70. The activities of the Respondents have caused significant elements of the public to
become aware of the fictionalized and sensationalized version of the story, as told by Witterick
in her Book, rather than the authentic version as set forth in the Work, without which the Book
would not exist and which copies substantial parts of the Work.
71. Since the publication of the Book, the Applicants have received far fewer invitations to
present and speak in public forums about this Holocaust story, which served as the basis for their
Work. These speaking engagements were critical for publicity of the Work and sales promotion
of the DVD. It would appear that Witterick has taken over this role by establishing herself as the
public face of the story. It has also come to Maltz’s knowledge that, at least at one recent
28
speaking engagement, Witterick provided blatantly inaccurate information about the Work,
trivializing the amount of research and creative work that went into it and minimizing its
importance as a source on this particular Holocaust rescue story. Witterick has also falsely stated
that the descendants of the rescuers do not appear in the Work and have passed away. All of this
has caused the Applicants to question whether she might be trying to detract attention from the
Work, given that it appears to be the only source of any historically factual elements in the
Book.
72. The publication and aggressive promotion of the infringing Book have effectively
interfered with, expropriated and destroyed any opportunity for the Applicants to publish a book
version of their Work. The decision as to whether the Work should be turned into a book and
the right to do so belonged solely to the Applicants. The infringing activity by the Respondents
has effectively foreclosed any such decision and opportunity by appropriating substantial parts of
the Applicants’ Work into the Book that was and remains unauthorized by the Applicants.
73. The distortion and mutilation of the Work, insofar as the Book falsely portrays Maltz’s
great-grandfather as an alcoholic who died of alcoholism, along with the inevitable inference on
the part of the public that Maltz has somehow been involved in or approved of the writing and
publication of the Book, have caused considerable distress to Maltz and her family, who are
readily recognizable by anyone who reads the Book and has seen the Work. The fact is that
Maltz’s great-grandfather was murdered in a Nazi death camp.
The Profits of the Respondents
74. The Respondent Witterick has earned profits from revenues received from the
Respondent Penguin Canada and iUniverse in an amount known to her but unknown to the
Applicants.
75. The Respondent Penguin Canada has earned profits from sales of the Book in an amount
29
known to it but unknown to the Applicants.
76. The Respondents Witterick and Penguin Canada have authorized and licensed third
parties in Canada and other countries to earn profits as their licensees and/or agents from the
reproduction, communication to the public by telecommunication, distribution and other
exploitation of the Book, which infringes copyright in Canada. Witterick and Penguin are
responsible to account for and to disgorge these profits to the Applicants.
Provisions Relied Upon:
77. The Applicants rely upon:
a. Sections 2, 3(1), 14.1, 28.1, 27(1), 27(2), 34 (1) to 34(7), 34.1, 35, 38, 38.1 of the
Copyright Act, R.S.C. 1985, Ch. C-42 as amended; and
b. Rules 61, 153 to 160, and 300 of the Federal Courts Rules.
The Application Will Be Supported By The Following Material:
78. The Application will be supported by the following material:
a. Affidavits to be filed; and

b. Such further and other material as counsel may advise and this Honourable Court
may permit.
RESPECTFULLY SUBMITTED and dated at Ottawa, this 27th day of February, 2014.
__________________________________
30
MACERA & JARZYNA LLP

Barristers & Solicitors
1200-427 Laurier Avenue West
Ottawa, Ontario
K1P 7YS
Howard P. Knopf (LSUC #19578F)
Tel: (613) 238-8173

Fax: (613) 235-2508
howard.knopf@macerajarzna.com
Solicitors for the Applicants

31
APPENDIX “A”
CANADIAN COPYRIGHT REGISTRATION 1107763
No. 4 Street of Our Lady
32
33
34
APPENDIX “B”
SYNOPSES COMPARISON
Work synopsis, as it appears on “No. 4 Book synopsis, as it appears on Penguin

Street of Our Lady” website Canada website page for “My Mother’s
Secret”
This film tells the remarkable, yet little- Inspired by a true story, My Mother’s
known story of Francisca Halamajowa, a Secret is a profound, captivating, and
Polish-Catholic woman who rescued 16 of ultimately uplifting tale intertwining the
her Jewish neighbors during the Holocaust, lives of two Jewish families in hiding from
while cleverly passing herself off as a Nazi the Nazis, a fleeing German soldier, and
sympathizer. the mother and daughter who team up to
save them. Franciszka and her daughter,
On the eve of World War II, more than Helena, are unlikely heroines. They are
6,000 Jews lived in Sokal, a small town in simple people who mind their own
Eastern Poland, now part of Ukraine. By business and don’t stand out from the
the end of the war, only about 30 had crowd … until 1939, when crisis strikes.
survived, half of them rescued by The Nazis invade Poland and start to
Halamajowa. For close to two years, she persecute the Jews. Providing shelter to
hid her Jewish neighbors in her tiny home Jews has become a death sentence, and yet
and cooked and cared for them, right under Franciszka and Helena do exactly that. In
the noses of German troops camped on her their tiny two-room house in Sokal, they
property as well as hostile neighbors. Two cleverly hide a Jewish family in a loft
families were hidden in the hayloft of her above their pigsty, a Jewish doctor with his
pigsty, and one family in a hole dug under wife and son in a makeshift cellar under the
her kitchen floor. In the final months of the kitchen floorboards, and a defecting
war, she also provided shelter to a German German soldier in the attic—each party
soldier who had defected – an act that completely unknown to the others. For
nearly led to her execution. everyone to survive, Franciszka will have
to outsmart her neighbors and the German
commander.
35
APPENDIX “C”
ACKNOWLEDGEMENTS PAGES FROM iUniverse Edition of
“MY MOTHER’S SECRET”
36
37
38
39
40
APPENDIX “D”
SOME EXAMPLES OF PASSAGES FROM APPLICANTS’ WORK COPIED
VERBATIM OR NEARLY VERBATIM IN BOOK
41
Appendix “D”: Passages from Work copied verbatim or nearly verbatim in Book
Description of Source of Work Book (American eBook

Passage Information edition published by G.
Putnam’s Son - Penguin
Group (USA) LLC NYC
1. Explanation of Narration, Time code: 01:43:22:00 Page: 38
how based on She says the neighbors Our neighbors think our
Franciszka is survivor wouldn't dare report her mother is a Volksdeutsche,
able to Moshe Maltz’s because they think she is a which is an ethnic German,
outsmart her personal diary Volksdeutsche, an ethnic and so she is regarded of
neighbors German, which gives her someone of higher status.
a privileged status.
2. Specific Quotes from Time code: 01:46:07:23 Page: 46
example of interview Her neighbors ask how One of our neighbors
how filmmakers come she takes so many notices that my mother
Franciszka conducted with buckets of water from the visits the well frequently
outsmarts her Franciszka’s well? and asks why she needs so
neighbors granddaughter, And my grandmother's much water. She says, “I
Jolanta Staron, response was that she has have a skin disease and need
based on her a skin problem, and she to bathe frequently.”
childhood has to wash herself more
recollections of often.
a story told to
her by her
family
3. Description of Narration, Time code: 01:40:41:18 Page: 49
how based on Mrs. Halamajowa's son Every four weeks he comes
Franciszka is survivor comes with kerosene, machine oil,
able to afford Moshe Maltz’s every four weeks with olive oil, and cottonseed oil
feeding all the personal diary kerosene, for my mother to trade for
Jews in hiding machine oil, olive oil and food with the other peasants.
cotton seed oil for his
mother to give the
peasants in exchange for
food.
4. Description of Narration, Time code:01:57:06:17 Page: 110

how worthless based on She says that posters have There is now a reward of
the lives of survivor appeared all over Sokal five liters of whiskey and
Jews have Moshe Maltz’s announcing that anyone some cash for turning in a
become personal diary who hands a Jew over to Jew.
42

Group (USA) LLC NYC
the police
will receive a reward --
five litres of whiskey
along with some cash.
5. Account of Quotes from Time code: 01:06:36:10 Page: 79
how the interview We met her a few years ago,
Maltzes first conducted by One day they were going, when my brother and I, in
met Francizka filmmakers my grandfather and my our wagon, saw her walking
(it is one of with survivor father, on a horse and with a basket of eggs and a
several Herb Maltz, buggy, going back from heavy sack of vegetables to
accounts based on story one of the towns or sell in the market. She
available of told to him by villages, and on the road smiled up at us, and even
this initial his family they saw this lady though it came from an old
encounter) standing with a whole body, her eyes were vibrant
bunch of bags. And she's and full of energy.
like -- wanted a ride. She We made room and gave her
was going like this. They a ride.
stopped. Whatever stuff
they had on the buggy,
they moved over, and they
told her to come along.
From that time on there
was a relationship.
6. Survivor Narration, Time code: 01:23:38:16 Page: 81
Moshe Maltz’s based on I return to the ghetto in a I run back to the ghetto. A
description of survivor happy mood. man with hope moves
his mood after Moshe Maltz’s differently than one without
Franciszka personal diary – so I am floating all the
expresses her way.
willingness to
help the family
7. Survivor Herb Quotes from Time code: 01:31:22:04 Page: 77
Maltz’s interview They were all scared. I The penalty for hiding Jews
recollection of filmmakers cannot blame them is death – not just to you but
why other conducted with because they faced death. to your entire family. In
neighbors Herb Maltz, many ways, I could not
refused to take based on blame them – even if I
them in stories told to wanted to.
him by his
43

Group (USA) LLC NYC
family
8. Description of Quotes from Time code: 01:30:26:21 Pages: 75-77

survivor interviews HERB MALTZ: My I need to get the rest of my
Moshe Maltz’s filmmakers parents and my uncle family out of here. Think
desperate conducted with found out, he worked at clearly; don’t panic, I say to
search for a survivors Herb the railroad station, so he myself. Find a place to hide.
hideout and his Maltz and Fay had some info that they're
determination Malkin, based gonna evacuate the whole I know at least twenty men
to survive on their ghetto. That's why it was who have worked for me. I
childhood very important for my am also close to the owner
recollections father to find a hiding of the farm. I need to find
and stories told place. someone who will help us. .
to them by FAY MALKIN: He .
their families, seemed to go out and
as well as reach people and talk to . . . During the day, I walk
interview with them and sleep in stables, as close to the edge of the
Holocaust and do what they could, ghetto as I can without
historian Amos begged them, bargained arousing suspicion. Is there
Goldberg with them. a place for all of us to
AMOS GOLDBERG: escape?
I mean, he tremendously
did everything . . . Risking all of our lives
he could in order to each night, I visit the homes
survive. I think if he of my friends. The stories
wouldn't believe it, he are unique, but the patterns
wouldn't have done it . . . I are the same. “You know I
mean, those maneuvers want to help you and your
he's doing, going from one family, but we can’t risk it.”
place to the other, back to
the ghetto, finding -- I
mean, this is his survival
instincts, his vivid
survival instincts that
want to live.
HERB MALTZ:
He was refused by his
business associates, even
Mrs. Halamajowa's
44

Group (USA) LLC NYC
brother. They were all
scared. I cannot blame
them because they faced
death.
AMOS GOLDBERG:
I think, although
sometimes you feel he's a
little desperate, but most
of all, most of the time, I
think he believed he'd
survive. And he believed
that he had some control
on his fate, which is very
rare during the Holocaust.
FAY MALKIN:
I guess the luck of the
draw was that
he found Mrs.
Halamajowa because
nobody else bought it.
9. Survivor Narration, Time code:01:24:57:18 Page: 82
Moshe Maltz’s based on I am awakened this The next morning, we are
description of survivor morning by wild screams awakened by screaming and
how he was Moshe Maltz’s and heavy footsteps . . . gunshots. There is a raid on
able to personal diary This is it. Another Aktion. the ghetto.
understand that
another
roundup was
under way
10. Description of Narration, Time code: 01:25:37:07 Pages: 82-83
survivor based on NARRATION: I take my son and hide him
Moshe Maltz survivor We got dressed quickly. I in a woodshed, telling him
and his wife Moshe Maltz’s say to Chana, 'Go, hide to stay quiet until I return.
Chana’s personal diary, with Chaim and Lifshe in Only six, he understands
attempts to as well as one of the basement that his survival depends on
save their quotes from storage rooms. I'll run it.
children during interviews over and see what my My wife, sister-in-law, and
the roundup conducted by parents and the rest of the I, with the baby in one arm,
filmmakers family are going to do.' climb a steep ladder leading
45

Group (USA) LLC NYC
with survivor Jews are scurrying about to the small opening of an
Yitte like poisoned mice in a attic.
Nachfolger, trap. I also break into a There is pandemonium
based on her run. below.
memories, and Chana comes stumbling Then the baby starts to cry.
with Herb toward me. My wife looks at me with
Maltz and Fay I can hardly recognize her. helpless panic. She tries to
Malkin, based She looks and acts as if rock Biata and cradles her
on their she has gone out of her against her chest, but
childhood mind. nothing works.
recollections She tells me that she has We had moved the ladder
and stories told lost our children. away from the entrance of
to them by After I left her to go to my the attic to deflect attention,
their families parents, Chana grabbed but someone is moving it
Chaim by the hand, back and climbing up –
picked up Lifshe in her someone who speaks
other arm and searched for German.
a storage room in which to It’s a Polish police officer
hide. Chana pushed working with a German
Chaim into a woodshed in soldier below. He looks at
the courtyard. Then, with my terrified wife and
Lifshe in her arms, she whispers, “Do you want to
climbs the steps to the go with your baby?”
attic of the building. She only has a minute to
HERB MALTZ: make a decision that no one
My little sister was not could make in a lifetime.
even two. She gives him our baby.
My mother took her with Descending the stairs, he
her, says to the German soldier
and me they put into this that he has found an
woodshed. abandoned baby.
They covered me and said “Doesn’t matter,” says the
to be quiet. soldier. “We’ll get the
FAY MALKIN: mother later.”
So there was a Jewish I think that had it not been
policeman who was for our son, she would have
walking around with a gone with our baby.
German soldier. We stay hidden for a while
HERB MALTZ: even after the noise has
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Group (USA) LLC NYC
She was a beautiful child, died, and all the trucks have
black curly hair. gone.
FAY MALKIN: We know that you can never
They heard a baby crying, be too careful.
and so the Jewish soldier How do you move when
climbed up on a ladder you feel you can’t go on?
and saw my aunt up there You think of someone who
with the baby. needs you more.
YITTE NACHFOLGER: We find our son asleep in
He said to Chana, the woodshed, and we move
"Do you want to come on.
alone?
Do you want to hand her
over? Or do you want to
go with her?" She knew
she still had Chaim, but
she didn't know where he
was.
FAY MALKIN:
He grabbed the baby. This
is what my aunt told us,
my aunt Chana. And he
told
the German officer there
was an abandoned baby
up there.
And they walked away.
And the German said, "It
doesn't matter. We'll get
the mother later anyway."
YITTE NACHFOLGER:
How terrible, she had to
give up
her precious Lifshe . . .just
14 months old.
HERB MALTZ:
That poor lady went
through hell.
NARRATION:
47

Group (USA) LLC NYC
From his hiding place
behind the firewood in the
woodshed, he saw the
Germans chasing the
Jews. Then he saw his
sister, Lifshe, being
carried in the arms of a
Jewish policeman.
Chaim remained in the
woodshed all day long
without food or drink and
sick from the smell of
excrement all around.
HERB MALTZ:
At the end of the aktion,
my mother had lost my
sister and she didn't know
-- she forgot where I was.
NARRATION:
That evening, Mordechai
passed the woodshed and
heard a child moaning
inside. He looked in and
found Chaim there. He
took him to his mother-in-
law's apartment. There,
Mrs. Yachetz gave Chaim
a little bread and water.
And so Chana and I found
at least one of our children
alive.
Franciszka’s based on When Chana and I tell her She asks about the baby,
response to survivor what happened to Lifshe, and when I tell her what
news that Moshe Maltz’s Mrs. Halamajowa bursts happened, she lets out the
Maltz baby has personal diary into a loud weeping. loudest wail.
been murdered
12. Judy Maltz’s Quotes from Time code:01:29:13:23 Page: 86
description of interview Anelie carries the memory
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trauma her filmmakers My grandmother Chana, of Biata with her constantly
grandmother conducted with she always cried at night and is not able to get over
Chana Judy Maltz, in her sleep, always. And I the guilt. She has
experienced based on her just felt that all the nightmares and we are
after losing her childhood horrible things that she afraid that she will shout out
baby recollections went through she was in her sleep. . . . We take
reliving in her sleep. turns watching over Anelie
Didn't come out during while she sleeps to make
the day, sure there are no outbursts
just at night. But she was that would give us away.
always crying in the
middle of the night. But I
knew.
I mean, it wasn't like -- I
was thinking to myself,
"What could she be crying
about?
What could be troubling
her?" I knew
what she was crying
about.
13. Description of Narration, Time code: 01:16:29:07 Pages: 72-75
massacre at based on NARRATION: One day, a German officer
brick factory survivor On June 30, all Jewish gathers us in the open
and how Jews Moshe Maltz’s males between the ages of square within the ghetto and
were tricked personal diary, 14 and 60 were ordered to announces that they need
into showing as well as report at the open square workers for a brick factory.
up -- amongst quotes from where cattle were No experience is required
those Jews, interviews assembled and sold. They and the workers will be
survivor filmmakers then proceeded to select given food for their families.
Moshe Maltz’s conducted with 400 professionals, This is the best news we
brother-in-law local resident businessmen, workers, have heard in some time. . .
Eli. Mariya and ordinary able-bodied
Pashkovska, individuals . . . When the trucks arrive,
based on her all at random and turn men are shoving each other
childhood them over to a detachment to get to the front of the line.
recollections, of S.S. men. Among the The brick factory is outside
and with 400 selectees was Eli of town, so it will be late
survivor Fay Letzter, my sister Leah's when they return. . .
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Group (USA) LLC NYC
Malkin, based husband.
on stories told MARIYA . . . Many of us gather in the
to her by her PASHKOVSKA: square to wait for the trucks
family You say when Germans to return. Although no one
came, all the young Jews says a word, you can feel
must go for work. Instead the tension as time goes by.
of going to work, they It’s dark when the silence is
moved them to the brick broken by the sound of the
factory. They said they're siren that signals curfew.
going for work. Instead of Everyone has to go home.
going to work, they move That’s when we hear the
them to the brick factory. guttural wail of a desperate
You know where the brick woman. It’s a sound that can
factory is, and shot them only come from agony,
by firing squads. Executed sorrow, and despair.
by firing squad. We have all been betrayed.
FAY MALKIN: When I There are no trucks
was 2 years old when my returning. . .
father was taken away, so
I don't remember him. I
just remember him from . . . It’s not until late that we
photographs I have and find out the truth. There are
from what my mother told people who come from the
me about it. They were ghetto to trade for food and
taken away. Nobody ever medicine. . .
knew --we never knew
really what happened. . . . One of the traders tells
But after the war, the us what really happened.
Ukrainians in the area told “Don’t you know that the
us they were taken away brick factory was bombed
somewhere outside of months ago? Your brother
town, made to dig and the rest of the men were
their own graves and shot lined up against the wall and
them. I never know what shot. Their bodies are still
really, really happened to there with the broken
my father. bricks.”
Maltz’s interview My biggest thing, The happiest moment of his
description of filmmakers I once beat my father on deprived childhood is when
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Group (USA) LLC NYC
the joy he felt conducted with the attic. he beats me at chess one
beating his survivor Herb That was my biggest day.
father at chess Maltz, based thrill.
while hiding in on his
the pigsty childhood
recollections

Maltz’s interview One time I'll never forget, In that pot is the most
description of a filmmakers Christmastime, delicious sauerkraut that I
memorable conducted with she brought up pierogi have ever tasted.
meal he ate survivor Herb with sour cream
while hiding in Maltz, based and also with sauerkraut. I
Franciszka’s on his still remember the taste of
pigsty childhood it, it was so delicious.
recollections
16. Description of Time code:01:38:30:06 Page: 85
how the food Quote from We'd get the food in a big Franciszka cooks all the
was brought to interview pot. food in one pot.
the Jews hiding filmmakers
in the pigsty conducted with
survivor Eli
Kindler, based
on his
childhood
recollections
17. Description of Quotes from Time code: 02:05:51:22 Page: 106
living interview There was a hole, I mean, My mother says that we
conditions in filmmakers I remember it like right have to wait, while my
hideout dug conducted with now. father and Franciszka move
under kitchen survivor Sam It was a hole in the her kitchen table, the rug
floor and how Kram, based kitchen . . . floor. underneath, and then a
it was dug on his My dad was a--was pretty wooden plank to reveal a
childhood sharp. He was a small cellar below.
recollections visionary. He knew that It’s dark and small, and I
this ghetto business and don’t want to go down there
the whole thing is gonna ...
come to an end. He was -- Over the past weeks, my
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Group (USA) LLC NYC
and he made an father, with surgeon’s
arrangement with the hands, had dug this hole
Polish lady. He gave her under the kitchen in the
some money and on his middle of the night to make
extra time off, or a shelter for us.
whenever he could get
away, he went to her
house and dug a hole in
the kitchen under the floor
and laid the -- put the
floor-- the wooden floor
with wooden floors -- put
the planks back there, and
a table was set in that spot
was sitting. So that was
our headquarters -- a hole
you couldn't stand up.
You can only sit. It was
probably, I don't know,
4 feet by 6 feet. And that's
where we lived. At night
we would come out to
stretch. But in daytime it
was verboten.
You know, you couldn't
come out.
18. Description of Narration, Time code: 01:52:03:13 Page: 108
rescuers telling based on She sits down on the hay, One day Franciszka tells us
the hidden survivor and we all gather around about a Polish family that
Jews what Moshe Maltz’s her to hear the latest news was found to have hidden
became of personal diary from L'vov. A family of Jews. They were forced to
another family Gentiles has been reported walk throughout the village
that hid Jews to the Gestapo for giving with signs describing their
shelter to Jews. The entire crime, before they were
family was arrested hanged in the public square
and had to march the as an example.
streets with posters
hanging from their necks
reading "We are traitors."
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Group (USA) LLC NYC
They were dragged
through the streets of
L'vov and then hanged.
how survivor interview Mrs. Halamajowa brought She feeds my father with
Moshe Maltz filmmakers him up day old news.
was able to conducted with newspapers, old, some a
know what was survivor Herb week old, some a few
going on Maltz, based days old, and he was able
outside their on stories told to see what's going on.
hideout to him by his
family
20. Account of Quotes from Time code: 02:00:17:16 Page: 37
dinner parties interview ELI KINDLER: One day, my mother says,
for Nazis filmmakers From then I heard she did “Casmir is good friends
hosted by conducted with was she approached the with the German
Franciszka as a survivor Eli German commander in the commander, right?”
ploy to divert Kindler, based area and offered to host I reply, “Yes, I told you
attention from on stories told parties for him in her this.”
her rescue to him by his home, and once every two She says, “Well then, let’s
activities family, and weeks, they would come invite them both over for
with survivor to her house. dinner before he leaves.”
Yitte YITTE NACHFOLGER: I look at my mother as if she
Nachfolger Helena, her daughter, has lost her mind. I don’t
(Moshe worked in the post office, have to say that we have a
Maltz’s sister) and she would bring home Jewish family underneath
Germans so as not to the table where we are
arouse suspicions. She sitting and another one in
would bring home the shed.
German friends. She says, “Wouldn’t it be a
ELI KINDLER: great idea to let our
So, the Germans thought neighbors think that we
she was a Nazi have friends in high
sympathizer. They loved places?”
coming to her house for
those parties. And in this
way she signalled to her
Ukrainian neighbors that
the Germans were her
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Group (USA) LLC NYC
patrons, so they couldn't
force her out of her house.
21. Explanation of Quotes from Time code: 01:57:24:04 Page: 85
why Polish interview The German soldiers don’t
neighbors filmmakers Most people who were know who is Jewish, and
needed to be conducted with hiding Jews had their they don’t know who would
feared more Holocaust neighbors to fear much be hiding them. It would be
than the historian, more than the Germans. a neighbor or a friend who
Germans Professor Because the Germans would give you away for a
Omer Bartov often didn't know the area small reward.
very well,
wouldn't know how to tell
if somebody
was hiding a Jew or not,
whether they were
bringing in more food,
whether their living
standard had gone up or
down, whether something
unconventional was
happening in that
community. It's only the
neighbors who would
know.
22. Survivor Herb Quotes from Time code: Page 85
Maltz’s interview 01:47:19:23 To cover our waste, she
account of how filmmakers The waste was handed mixes it with waste from the
Franciszka and conducted with down to Mrs. Halamajowa pigs and shovels it out.
her daughter survivor Herb or her daughter, Helen,
would mix the Maltz, based and she mixed it with
waste from the on his waste from the pigs that
hidden Jews childhood she had there so it
with the waste recollections wouldn't be suspicious.
from the pigs and stories told
to him by his
family
23. Survivor Eli Quotes from Time code: 02:03:24:23 Pages 144-145
Kindler’s story interview What happened is that With so many Germans
of how filmmakers some German soldiers set wandering on the property,
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Group (USA) LLC NYC
Franciszka conducted with up camp on her our families in hiding are at
outwitted survivor Eli property . . . and put their risk.
German Kindler, based tank right near the pigsty. After much thought, my
soldiers on stories told She was very worried that mother goes to speak to the
camped on her to him by his the Germans sitting in the officer in charge.
property and family trenches by the pigsty “You know,” she says, “my
caused them to would hear us. So she house is very poorly
evacuate came to them and said in constructed. If you ever had
German: to fire a shot from one of
"You're stupid. Why are your tanks, it would collapse
you doing this?" and bury your soldiers. I
The officer replied: "How would hate to see that
dare you talk to us like happen.”
that?" So she said: "What, The officer must have
don't you know that as thought seriously about
soon as the artillery starts what she said, because the
flying out of the tank, that following week, he moves
this whole pigsty will his tanks to another location.
collapse on top of you? So
I would advise you to get
away from here." And so,
they moved their tank
and all their supplies a
couple hundred meters
away.
24. Description of Quotes from Time code: 01:57:50:11 Pages 110-111:
Jews almost interviews FAY MALKIN: At this exact moment, I
being turned in filmmakers We used to drink out of sneeze.
by neighbor conducted with this metal cup, and I It is damp in the cellar, and I
but saved at survivors Yitte dropped it one day, and it have caught a very bad cold.
the last Nachfolger, made a noise, and a My father is worried but
moment Fay Malkin neighbour heard it. does not have cough syrup,
because and Herb YITTE NACHFOLGER: even though he brought
neighbor Maltz, based There was a Polish man other medicines. . .
recalls that on their who said, "We know there
Jewish doctor recollections, are people up there. We The delivery man pushes
in hiding once as well as heard them up in the past Franciszka and comes
helped save narration based hayloft." in.
someone in his on Moshe FAY MALKIN: So when He sees that there is no one
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Group (USA) LLC NYC
family Maltz’s he heard this noise, he in the house.
personal diary said, "Something is going We hear him accusing
on, I must know." Franciszka, “You’re hiding
HERB MALTZ: someone, aren’t you? I’m
Dr. Kindler had poison sure I heard something. I’m
with him, and the plan going to report you.”
was if we were To the astonishment of
discovered, we wouldn't Franciszka and the delivery
be taken alive. We would man, there is a knock from
all commit suicide. the floor.
FAY MALKIN: Franciszka is frozen. She
She pretended she was doesn’t know what to do
feeding pigs now.
and taking away the waste Then the knock becomes
from the pigs, louder.
and he got very The delivery man says,
suspicious. "Pigs don't “Franciszka, someone
have that much. What else hiding under your floor
are you doing?" wants to come out.”
NARRATION: They move the kitchen
"Mrs. Halamajowa is table, and my father
distraught. She says emerges from under the
we should leave her floor.
hayloft. I plead with her to He says to the delivery man,
let us stay in her “Hello, Leszek.”
hayloft. . . My father’s voice is deep
FAY MALKIN: and resonates with
So she told him that she authority.
was hiding Dr. Kindler He speaks as if there is no
and his family, nobody war, as if there is no hunt
else. for Jews, and as if he is still
He said he wanted to meet the chief at the hospital.
Dr. Kindler. For a moment, we are all
Now apparently, Dr. suspended in this reality.
Kindler had done My father then says, “How
something, saved is your wife, Edyta?”
somebody's life in his He had saved her life.
family, and so Dr. Kindler The man is clearly taken
went down to see him, and aback here. “Dr. Wolenski, I
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Group (USA) LLC NYC
he decided not to report didn’t know it was you. Of
us. course I won’t say
anything.”
Francizska’s interview She used to chew tobacco. He brings my mother
tobacco- filmmakers All the time, all the time. chewing tobacco, which she
chewing habit conducted with She always used to send adores.
Francizska’s my dad-- she always used
grandson Tad to send me to a store to
Liniewski, buy tobacco for her, and
based on his she would chew on it all
childhood the time. She put it all the
recollections time like this, tobacco...
- Ahchoo! So fantastic
woman.
scene in which based on There is hugging and They are hugging and
Jews in pigsty survivor kissing all around. crying, as are all of us by
and Jews in Moshe Maltz’s now.
basement are personal diary
reunited after
liberation
27. Account of Written text Time code: 02:13:21:1 Page: 49
how that appears in WHEN FRANCISCA We don’t see much of my
Franciszca’s film, based on HALAMAJOWA brother because on his days
son was killed information ARRIVES AT HER NEW off work, he is secretly
culled from HOME transporting supplies to the
several SHE LEARNS THAT partisan Jews hiding in the
different HER SON forest.
accounts. It WAS KILLED. On a cold, bleak evening, a
was difficult HE WAS AMBUSHED man we have never seen
for the WHILE SMUGGLING before appears at our house.
filmmakers to SUPPLIES He says that he is in the
corroborate the TO JEWISH underground with Damian.
exact PARTISANS He looks weary and worn
circumstances IN THE FOREST. when he says to my mother,
of his death. “I am very sorry to tell you
that your son, Damian, was
killed today. His wagon was
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Group (USA) LLC NYC
ambushed.”
28. Account of Quotes from Time code: 02:15:40:24 Page 166:
hidden Jewish interviews JOLANTA STARON: Dr. Wolenski never forgets
families filmmakers When the Christmas my mother and sends her
sending conducted with packages were arriving money every year.
packages to survivors’ from Maltz and from Dr. Bronek sends us endless
Francizska and granddaughter, Kindler, there was always parcels from the United
her family after Judy Maltz, a question. Who is States, and my daughter
the war and rescuer’s sending us those wonders how it is that we
granddaughter, packages? get presents from people all
Jolanta Staron, JUDY MALTZ: over the world.
based on their I used to watch them I tell her that her
childhood every year grandmother Franciszka, for
recollections packing up, making whom she is named, is an
packages and sending angel that had so much love
them to Francisca to give that it spread around
Halamajowa and her the world.
daughter and her
grandchildren.
JOLANTA STARON:
And then my parents said,
you know,
I was helping my friends
and -- and once in a while,
we were getting the
packages.
JUDY MALTZ:
And I would always ask
them about it and, again,
I'd get more details from
the story. I remember him
taking out this picture and
saying this woman is the
angel and telling me the
story of how she saved the
entire family by letting
them hide in her house.
JOLANTA STARON:
And I remember
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Group (USA) LLC NYC
sometimes we were
opening packages and
there was clothing
or some -- you know, even
M&Ms way back then, I
knew that M&Ms existed
because there was always
something sweet, you
know, a package of
something
sweet for the kids.
29. Question Quotes from Time code: 02:22:37:11 Page: 109
raised toward interview She, for example, and this “You would do the same for
end of whether filmmakers I remember, me,” she says to my mother,
the Jews would conducted with she came to us one day and my mother nods,
have done the survivor Eli and said: although who really knows.
same for Kindler, based "Would you have taken Would my mother have
Franciszka had on his me in if the situation were been willing to risk my life?
their roles been childhood reversed?" That's a
reversed memories problematic question. I'm
not sure
we would have done it.
30. Ruminations Quotes from Time code: 02:20:50:21 Pages: 168-169
about why interviews HERB MALTZ: After my mother passed
rescuers did filmmakers Why she did it? God only away, some people asked
what they did - conducted with knows. me, “Why? Why do you
- used as a survivors Herb I wouldn't venture to say. think she hid the Jews?
device to draw Maltz, Fay But she was a unique, The honest answer is, I
the story to a Malkin, Eli good human being. don’t know.
close. Kindler and That's all I can say. I'm We didn’t think about our
Sam Kram, not gonna go into motives, my mother and I.
and with analyzing it. There was certainly nothing
Franciszka’s FAY MALKIN: to be gained by our actions
granddaughters I don't know how many at the time.
Jolanta Staron people would have the We weren’t religious, and
and Grace strength where she saved we didn’t have an affinity
Kucharzyk, the people in the with the Jewish people.
focusing on basement, us in the attic, I think it simply came down
their personal the German in the other to not being able to turn
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Group (USA) LLC NYC
reflections attic. It was... what a drive away people who would
this woman had. have otherwise faced a
ELI KINDLER: certain death.
She truly belongs to a Does that make us
category that is totally exceptional? Or is it only
incomprehensible. It is exceptional because so
impossible for us to many others chose not to do
understand. Just like we the same thing?
can't understand the The standard defines the
sadism of the German, exception.
and the Ukrainians, we We did not think of
also can't understand this, ourselves as extraordinary.
how can I put it, angelic
nature of this woman,
Francisca Halamajowa
and her children.
GRACE KUCHARZYK:
I don't think there was a
religion thing, but she
said, you know, why not?
If I have to save one or
two, why not save more
lives?
SAM KRAM:
She was a sucker for
somebody in trouble. She
really was. She was an
angel.
FAY MALKIN:
The nice thing to say is,
oh, yeah, of course I
would do it. But when
you're in that
circumstance where
people know that the
outcome is your own
destruction, potentially, do
they really do
it as when they're sitting
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Group (USA) LLC NYC
in a nice house in America
and say, oh sure I would
have done it? I don't
know, and I don't know
if anybody can give a
genuine answer.
JOLANTA STARON:
To tell you the truth, I
don't believe neither my
mom or my—Francisca
knew how big of a deed, a
good deed they did. I
think with their
personalities that was the
normal thing to do, to help
another human being
regardless.
61
APPENDIX “E”
COPYRIGHT PAGE OF CANADIAN PENGUIN EDITION OF WITTERICK’S BOOK
(HIGHLIGHT ADDED)
62
63
APPENDIX “F”
COPYRIGHT PAGE OF AMERICAN PENGUIN EDITION OF WITTERICK’S BOOK
(HIGHLIGHT ADDED)
64
65
66
APPENDIX “G”
COPYRIGHT PAGE OF iUNIVERSE EDITION OF WITTERICK’S BOOK
(HIGHLIGHT ADDED)
67

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Court File No.

JUDY MALTZ, BARBARA BIRD and RICHIE SHERMAN

JENNIFER L. WITTERICK and PENGUIN CANADA BOOKS INC.

IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR

Date: February 27, 2014

Issued By: ______________________________

Address of Local Office:

TO: Jennifer L. Witterick

AND TO: Penguin Canada Books Inc.

This application is for:

turn, has resulted in a communication of a substantial part of the

reproduce a substantial part of the Applicants’ Work in the form of

3) Damages of $1,000,000 from each of the Respondents for infringement of the

6) Punitive damages from each of the Respondents in the amount of $1,000,000;

12) Pre-judgment and post-judgment interest; and,

1. The Applicants are as follows:

2. The Respondents are as follows:

8. The Work, in keeping with the tradition of a professional documentary, represents a

a. conducting dozens of interviews with survivors, descendants of the rescuers and

24. At all material times, the Applicants maintained a website at

30. According to information available on the internet, Witterick requested an advance of

worldwide Penguin Group.

The Nature of Copyright and Moral Rights Infringement

a. Several hundred (approximately 350) words of verbatim or nearly verbatim

Nature of Harm and Damages Suffered by Applicants

University in State College, Pennsylvania. Maltz is a well-known journalist with Haaretz,

The Profits of the Respondents

known to it but unknown to the Applicants.

Provisions Relied Upon:

77. The Applicants rely upon:

The Application Will Be Supported By The Following Material:

78. The Application will be supported by the following material:

a. Affidavits to be filed; and

MACERA & JARZYNA LLP

Howard P. Knopf (LSUC #19578F)

Tel: (613) 238-8173

Solicitors for the Applicants

Work synopsis, as it appears on “No. 4 Book synopsis, as it appears on Penguin

Description of Source of Work Book (American eBook

4. Description of Narration, Time code:01:57:06:17 Page: 110

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

8. Description of Quotes from Time code: 01:30:26:21 Pages: 75-77

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

15. Survivor Herb Quotes from Time code: 01:38:40:060 Page: 86

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

Description of Source of Work Book (American eBook

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