As an urban dog owner I greatly enjoyed Jonathan Safran Foer’s article in the New York Times about the trials and tribulations of having a dog in a city. This op-ed piece is an argument against a plan to eliminate “off leash” hours in city parks. As someone who has many times appreciated the ability to let his dog “off leash” in parks in cities like Los Angeles, Chicago, and Philadelphia, I agree with Foer. I also enjoyed his musings on what it means for us (as in humanity) to have this desire to bring animals into unfriendly environs like cities. Kudos, as well, to Foer for letting his guard down in this piece in a way that many other writers might not have. (via Gwenda)
I wasn’t a big fan of Joyce Carol Oates’ story “Landfill” in last week’s New Yorker. It felt to me a little too obvious, this story about an insecure college student’s drunken and accidental death thanks to the carelessness of the brothers at the fraternity where he was a pledge. It seemed too “ripped from the headlines,” too after school special, and on top of all that it was emotionally cheap – designed to provoke outrage with little complexity. So, it was interesting to discover that Oates’ story was indeed ripped from the headlines. The death of Hector Jr. very closely resembles that of a young man who had attended The College of New Jersey, so much so that Oates was compelled to apologize “for any offense she caused.”Obviously, quite a lot of fiction is drawn from real life events, but I think in this case, because Oates’ story was so one-note and so geared toward generating disgust, the connection was simply to stark to ignore. (via Jeff)
Stephen King, once a favorite target of critics, has been embraced by at least some in the literary elite in recent years. He was awarded the National Book Award for Distinguished Contribution to American Letters, his fiction and non-fiction have appeared in the New Yorker, and now he is the subject of an “Art of Fiction” interview in the fall 2006 issue of the Paris Review, a distinction that might as well elevate him to canonical status.I’m a big fan of Stephen King’s books because they’re unflaggingly entertaining, but I also enjoy King’s work because of his close connection with his readers and his unwillingness to put himself on a pedestal. King’s exuberance can be found in his book On Writing. Part of the book is a common sense writing guide, but On Writing is worth a read for the funny little autobiography that the guide is paired with. He casts aside the notion of the writer as tortured soul and replaces it with the idea of the writer as a showman, serving his audience.What interests me, though, is how King has graduated from the bestseller list and moved into literary limbo. In the Paris Review interview, King talks about writers like John Grisham, Tom Clancy, Danielle Steel, and James Patterson. While King has some kind words for Grisham, he recognizes that he’s not really in competition with these perennial bestselling scribes any more, nor does his ego need the lavish advances that they receive. At the same time, he is reluctant to embrace the literary elite, because, I think, he believes that doing so would break his contract with his readers. Now, though, he seems less orthodox on this point. It’s not that he is embracing the literary world, far from it. It’s more like, coming back from an accident that nearly killed him – he was struck by a van near his home in 1999 – he has turned inward, and is writing mostly for himself, having previously done it for fame, money, and his love of entertaining. Of his forthcoming book, Lisey’s Story, which PW calls “a disturbing and sorrowful love story,” King tells the Paris Review:To me it feels like a very special book. To the point where I don’t want to let it out into the world. This is the only book I’ve ever written where I don’t want to read the reviews, because there will be some people who are going to be ugly to this book. I couldn’t stand that, the way you would hate people to be ugly to someone you love. And I love this book.The interview ends with King wondering aloud if he can “do something that’s even better.”Links on King: Only a small snippet of the King interview is available online, but, if you’re interested in King, it’s worth picking up this issue of the Paris Review to read the whole thing; King’s National Book Award speech; King’s account of his accident from the New Yorker.
In less than a fortnight, Orhan Pamuk, Turkey’s Nobel Laureate in literature, made headlines in Turkish newspapers not once, but twice. It would have been an ordinary thing a few years ago when Pamuk, commonly perceived as one of Turkey’s major political dissidents, would make news with his comments on the killings of Armenians in 1915 or the Turkish state’s heavy handed treatment of its Kurdish minority. But this time newspapers seem to have discovered a new aspect of Turkey’s most famous writer: his private life.
When Pamuk, who has a daughter from his first marriage that ended a decade ago, started dating Indian novelist Kiran Desai in 2010, photographs of the couple walking on a Goa beach in India were published by a mainstream newspaper edited by one of Pamuk’s old political enemies. Pamuk and Desai were quickly named as a power couple, one journalist calling them Mr. Nobel and Miss Booker. But after two books (Museum of Innocence and The Naive and the Sentimental Novelist, both containing Pamuk’s words of gratitude to Desai for helping him with the final English texts) and numerous interviews accompanying the Turkish edition of Desai’s Booker prize-winning Inheritance of Loss (all of them focusing on details of their relationship rather than Desai’s novel), Turkish media seemed to have lost interest.
That was until this December, when a young Turkish artist was photographed alongside Pamuk in New York’s Columbus Circle mall. The following week, newspapers were covered with pictures of her paintings and a full page interview in the daily Sabah, whose American version first published the photographs, had the very Flaubertian headline: “I am Füsun from Museum of Innocence!” This was a reference to Pamuk’s latest novel where the protagonist, engaged to be married, begins an affair with a younger girl, who journalists were now eager to identify as having been inspired by Pamuk’s new girlfriend. Among readers of the interview were Pamuk’s loyal fans who hoped to learn bits of information about his new novel which will reportedly be published in Turkish this year. It tells the story of a street vendor who sells “boza,” a traditional Turkish beverage, and there was speculation as to whether the cover of the book would be produced by Pamuk’s new girlfriend, who has painted portraits of boza sellers in the past.
The latest piece of news, the most surprising to date, was published on the last day of the year. It alleged that Pamuk had an “illegitimate son” from a German professor specializing in Turkish literature. Pamuk is claimed to have never seen his son, who is now five years old. These dramatic claims were made by “an old girlfriend of Pamuk,” whose name was carefully left out of the piece.
Turkish newspapers made life very difficult for Pamuk in 2005 when he was turned into a hate figure by the ultra-nationalist Ergenekon gang which is claimed to include, alongside retired generals, solicitors, and politicians, a number of journalists who orchestrated campaigns against Turkey’s dissident figures, labeling them as traitors and enemies of the country. During 1990s right-wing newspapers were notorious for their portrayal of Kurdish and socialist intellectuals: many artists, like the singer Ahmet Kaya, were forced to leave the country after editors made a habit of picking on them. Last year a Kurdish MP was forced to resign after photographs showing him with a girlfriend were published in the papers.
With their newfound “private” methods, editors seem to have inflicted a deep wound as they turned the famously reserved Orhan Pamuk, whose political views continue to disturb the ultra nationalists, into a playboy figure in just a few weeks. It looks like an attempt by editors to exact revenge by hitting him below the belt. For Pamuk’s loyal readers, all this surely reads like one of Pamuk’s own novels which always feature him as a character, but the serious point to be made here is that Turkish media’s attempts to trivialize dissidents by focusing on their private lives has a touch of the News of the World scandal about it, and this new tactic will probably be a new cause of concern for Turkey’s dissidents this year.
A lengthy article in the Financial Times takes on America’s squeamishness with that most perplexing of punctuations, the semi-colon. Personally, I’m a big semi-colon fan (if one can be said to be a fan of a particular piece of punctuation), but Michael Kinsley, for example, is more cautious:”I use semicolons and I never really enforced a hard-and-fast rule,” Kinsley responded recently by e-mail from the West Coast, where he has been running The Los Angeles Times’ opinion pages for the past year.”But if abuse is going to be common,” he continued, “it’s simpler and safer to have a flat-out rule. It’s like drug regulation. Drugs are banned sometimes because a minority of users will have negative side effects, or because taking them correctly is complicated, although many people could get it right and would find them helpful. Actually, I’m opposed to that kind of thinking re drugs, but I am OK with it regarding punctuation. Punctuation can’t save your life.”
When I was 17, I registered my first copyright. Unofficially. My three dearest friends and I were ready to share the recordings our rock band had made, but had some reservations about uploading them to the social media sites which were just then being retooled for independent musicians to self-market. Naïve about the system — and hopelessly naïve about ourselves — we expected that, without precautions, rogue musicians could present our songs as their own and claim for themselves the glory we were due.
It turned out that we owned the copyright to our songs when we wrote them, but had to register that copyright in case of dispute. So I did what is called a Poor Man’s Copyright: I self-addressed an envelope, placed one of our CDs inside, mailed it and, when it came back to me, put it away, unopened, for safekeeping. This document proved that we had created what was sealed within before the postage date.
I still have that envelope stashed away, and under current US law, that copyright will likely endure well into the 22nd century. And yet, it is hard to say what “copyright” will mean by then. Intellectual property is a dynamic concept, legally and culturally, one that is always being reshaped on one hand by changing methods of creation and distribution, and on the other by markets scurrying to catch up. The abstract line between public and private ideas — the line that intellectual property tries to police — is the very same line the Internet blurs so well.
This January, copyright witnesses a simultaneous push and pull, a drive for greater stricture on one end, and a graceful unknotting on the other. While Congress resumes deliberations on the Stop Online Piracy Act (SOPA) — the latest legislation meant to address the rise of social media, streaming services, and file sharing — scholars in the UK and most of Europe are rejoicing the entry of James Joyce’s corpus into the public domain. Dubliners and A Portrait of the Artist as a Young Man have been in the American public domain for many years, but due to differing laws, certain editions of Ulysses and the entirety of Finnegans Wake remain protected for nearly another quarter century in the US. Hypothetically, under a SOPA regime, European websites publishing text of these newly public later masterpieces could find themselves dropped off of American search engines, or starved for funds if they rely on American companies like Google’s ad service and PayPal to generate revenue.
The copyright status of Joyce’s work has been of particular interest to scholars and fans on both sides of the Atlantic, due mostly to the stubborn and sometimes egregious permissions policies set forth by Joyce’s sole heir and executor of his estate, his grandson, Stephen James Joyce. But this month, the Joyce copyrights enter a new twilight period made all the more striking by a history of differing national laws. In the 1970s, the US went from a publication-based copyright system to a European “biological” one, with a copyright term of the author’s life plus an additional 70 years in most cases. But the US Copyright Office set up certain benchmarks by which older works would be grandfathered in. Works published before 1923 would be in the public domain, while those published in the window between 1923 and 1978 would enjoy up to 95 years of copyright protection from the date of publication. And while the first edition of Ulysses dates back to 1922, the 1934 Random House edition (the first officially published in the US) enters the public domain in 2030; and Finnegans Wake in 2035.
It is likely that the American copyright in the Wake will outlive Stephen James, an old man now without an heir of his own. And yet, despite the recent lapse of the copyrights in the EU, it is just as likely that Stephen James will fight to enforce that remaining American copyright to the very last. In 2006, D.T. Max profiled the heir for The New Yorker. In the brilliant piece, Stephen James revels in his antagonistic execution of the estate, believing he is complying with Joyce’s wishes: “I am not only protecting and preserving the purity of my grandfather’s work but also what remains of the much abused privacy of the Joyce family,” he once said. “Every artist’s born right is to have their work . . . reproduced as they want it to be reproduced.” For Stephen James, great works of literature (even those as dense as the Wake) are meant to be enjoyed singularly, without critiques, analyses, or guides. He has used his rights to the fullest in preserving his grandfather’s integrity and deterring the academy, which for too long, he believes, has piggybacked on Joyce’s genius. He once requested a $1.5 million permissions fee from a scholar hoping to make a multimedia version of Ulysses. When the scholar refused, Stephen James told him, “You should consider a new career as a garbage collector in New York City, because you’ll never quote a Joyce text again.”
It is not easy to say what exactly Joyce would have wanted to happen to his work. He was at times an eager self-promoter, asking friends like Samuel Beckett and William Carlos Williams to write essays in support of the unfinished Wake and admitting to filling his books with enough puzzles to keep professors busy well into the 21st century. But he was also, throughout his life, strapped for cash, and spoke out for “Author’s Rights” when American publisher Samuel Roth began circulating unauthorized copies of Ulysses (the book was originally deemed obscene in the US; Joyce could claim no copyright in it, since it had been “stricken from the mails”). Indeed, with the Internet reshaping how we think of intellectual property, we might learn a lot from Joyce’s ambivalence, as his body of work begins its march into the public domain.
In many ways, the attitude of Stephen James Joyce resembles that of the Stop Online Piracy Act, stodgy and clinging to old ways. Introduced last fall, SOPA would have expanded the arsenal of cease-and-desist tactics that the entertainment industry has been deploying ineffectively for the last 15 years, starting with the crackdowns on file-sharers. Copyright holders would have been able to create an embargo against websites allegedly violating their copyrights by compelling payment processors and ad networks to suspend their services, with very little recourse for contesting the accusation.
Congress was set to vote on SOPA before the end of month, but shelved the legislation last week following an internet-wide protest that included daylong blackouts of sites like Wikipedia, which opposes any restriction on the flow of information. Google and Facebook, also in protest, would have been asked by the attorney general to redirect users away from sites (particularly foreign sites) engaging in “piracy,” a policy that The New York Times, in a recent editorial, likened to China’s policing of the Internet. Besides, there is little reason to believe that outwitting the SOPA measures would not have become standard behavior for many Internet users, just as torrenting and streaming have.
So how is it that we are not finding more secure ways to remunerate artists and thinkers? This is after all the most benign reason for reinforcing intellectual property laws. It seems to me that since the veritable explosion of the Internet, and since the economic collapse of 2008, the dialect movement of culture and economics has been accelerated and re-codified, plunging people on both sides back into an age-old confusion about art and money.
In November, I attended a panel discussion on the “Creative Economy,” a concept elaborated over the last decade by such economists as John Howkins and Richard Florida, who argue that knowledge will become an increasingly important economic resource in the 21st century. At one point, a woman from a major media conglomerate spoke approvingly of the imminent crackdowns and lawsuits SOPA would have brought about. I was so irked when the rest of the panel agreed that, during the Q&A, I posed a troublemaking question:
The internet is an incredible force for creativity, allowing people to share work freely, outside time and space. And yet the rhetoric around this exchange is extremely negative, invoking piracy and theft. To what extent, then, is the creative economy just another name for the capitalist economy?
That last part, of course, was meant to inflame. But it didn’t. It was evident to one gentleman, a city official, that “creators” should be compensated: “How else are they supposed to make a living?”
The Internet is at once one of the greatest products and one of the greatest drivers of a creative economy, though probably not the one that the panelists had in mind. Given the activities that it enables, it promises to drastically change the way culture is produced and consumed.
Imitation is the sincerest form of flattery. Imitation is also how we learn, and how we align ourselves with the styles and ideas we find meaningful, and thus build community. Innovation for Joyce lay precisely in imitating the “open-source” texts available to him: his access to the public domain and his ability to play with the ideas and language he found therein allowed him — at the height of modernism when art was meant to be self-referential — to wink at the knowing reader with a spoof of Homer, Vico, or Shakespeare, and to change that same reader’s conception of all the great works that came before. The difference is, without web access, Joyce had to go to the library or bookseller for his material; and Joyce had to fund the publication of his books.
But the Internet also threatens to do away with those terms (production, consumption) and the commodification of culture entirely, and this is where it gets tricky. Proponents of SOPA need only point to the act’s subtitle to defend it: “To promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes.” All the buzzwords of creative economics are there. And yet the concerns of Stephen James Joyce (propriety and privacy) are not.
It feels like the “Creative Economy” encapsulates two opposing economies, creativity and consumerism, and copyright law is the locus where the conflict is most evident. And yet, this conflict is more than one between abstract entities: it’s a practical and emotional dilemma for any writer who has ever tried to make a career of his or her craft. Even Joyce, who borrowed famously, claimed his work as his own, and expected due compensation.
The conflict between the openness of the creative process and the restraint of good business acumen is one embodied by Shem the Penman and Shaun the Post, the sons of HCE and ALP in Finnegans Wake. In the “Shem the Penman” chapter, Shaun scolds his brother for squandering all of his good stories in the pub:
Comport yourself, your inconsistency! Where is that little alimony nestegg against our predictable rainy day? Is it not the fact […] that, while whistlewhirling your crazy elegies around Templetombmount joynstone, […] you squandered among underlings the overload of your extravagance and made a hottentot of deulpeners crawsick with your crumbs? Am I not right? Yes? Yes? Yes? Holy wax and holifer! Don’t tell me, Leon of the fold, that you are not a loanshark.
According to Shaun, Shem will inevitably go broke because he was too much in love with telling stories, gave them out for free, has made people almost sick of hearing them. And yet Shaun senses that Shem is not naïve. He may in fact be something of a loan shark, and by giving easily up front, Shem can demand more later, when selling his book to the very people who have long enjoyed his yarns.
Joyce was commenting on a very real and persistent phenomenon, one that even my friends and I in high school had some inkling of when we thought it wise to “register” our songs: it is necessary to self-promote up until the point where one is entitled to charge admission to one’s work. The Internet illuminates this threshold between ruthless self-promotion and entitlement, while greatly enabling the former and destabilizing the latter.
None of us today will ever live to see our creative work become public domain, but Joyce lived in a time when his books were not guaranteed legal protection. In a speech he gave to the International PEN Conference in Paris, summer of 1937, Joyce reflected on the Ulysses piracy debacle and the successful international protest he organized against Samuel Roth:
It is, I believe, possible to reach a judicial conclusion from this judgment to the effect that, while unprotected by the written law of copyright and even if it is banned, a work belongs to its author by virtue of a natural right and that thus the law can protect an author against the mutilation and the publication of his work just as he is protected against the misuse that can be made of his name.
Joyce had a sense of propriety when it came to literature, that even if writers could not make their work lucrative, their visions should be respected. It’s true this did not always extend to the texts he spoofed and lifted from. And yet, author’s rights are an idea on which many of us would think favorably. This should by no means be interpreted as a mandate for his grandson’s obstructionist policies, nor for greater policing of the Internet. Rather, we are going to need a completely new online framework for supporting creators, and to get there, we might have to move beyond a tired notion of “copyright” and towards “author’s rights.”
Image Credit: Flickr/Horia Varlan
Though posthumously published work is often disappointing, it’s hard not to be curious about the just announced publication of The Children of Hurin by JRR Tolkien, which has been compiled from excerpts and notes by Tolkien’s son, Christopher. According to the Guardian, Tolkien enthusiasts will be familiar with the work since fragments of it have been previously published elsewhere:Extracts from the original tale, said to be a detailed but staccato account of the family of Hurin, the man who dared defy Melkor in the first age, have already been published – illuminating, Tolkien enthusiasts say, some of the oldest tales of the legendary land of Middle Earth.The new book is slated to arrive in Spring 2007.
The current issue of New York Magazine offers a typically glib handicapping of this summer’s debut novels and hot young fabulists, as well as surveys of overlooked books and of writers likely to stand the test of time. I’m least sympathetic to this American Idol style of journalism when it covers well-trod territory; New York’s a speculative “future canon” offers few surprises (Gary Lutz and Helena Maria Viramontes among them). But the lengthy “underrated” list does offer readers an introduction to new writers… as do the excerpts from works in progress by “tomorrow’s literary stars” (including my friend Maaza Mengiste.)It’s refreshing to read fiction in New York; perhaps they should do this more often. Anyway, if the endless brouhaha surrounding the Times’ attention-grabbing “Best Books of the Last 25 Years” failed to tire you out, click on over to New York and check out the offerings.