In September 1998, Kerr released "never confuse movement with action," a post-modern biography of Patrick Hemingway (a grandson of Ernest Hemingway). July 1999 was the centenary of Ernest Hemingway. There would be the publication of yet another posthumous novel. The Hemingway family hired a merchandising agent - Ernest Hemingway was now a brand name. The trust fund was secured for future generations.1999 was Ernest Hemingway's year. But when Patrick Hemingway saw "never confuse movement with action," he was less than pleased. Worried about his father's reaction, a lawyer was hired and injunction threatened against the work. In negotiations with the Hemingway lawyer, director Richard Kerr agreed to produce an alternative version, with no promises to cut the objectionable material.

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