Posts by tag: intellectual property law

Lost in Susan Howe’s Wildernesses

My latest revelation has been the works of Susan Howe, an American poet and essayist. Since the 1970s, Howe has been fashioning original works from early American historical narratives, including those that document the violent encounter of New England colonists with Native Americans. It contains many other aspects, too, I’m sure, but for now this is what seems most present and palpable in her work — taking inspiration from historical and documentary texts, and the period of early American colonial conflict.

I was referred to her work by a Twitter acquaintance some time ago after mentioning in conjunction two other authors (Paul Metcalf and W.G. Sebald) whose work plunges us headlong into the past, and I have since read several of her books: That This (2010), The Birth-Mark (1993), Frame Structures: Early Poems 1974-1979 (1996), and Singularities (1990).

My enjoyment of her work I think stems from the disorientation and awe I feel on a first reading. These are texts that demand a second reading if we are to truly get at them. And those second readings, too, are limited in what they reveal. It would be very hard to succinctly say what she’s up to, in fact it’s quite varied among the works I refer to above; but as a general observation, her work seems to be constructed on principles of quotation, lexical borrowing and combination, unusual typographical arrangements. What’s really extraordinary, though, is the way her work confronts, sometimes obliquely, sometimes very directly, the power and violence that are implicit in conquest and (historical) interpretation.

In The Birth-Mark, for instance, in the context of an essay about Emily Dickinson (“These Flames and Generosities of the Heart: Emily Dickinson and the Illogic of Sumptuary Values”), Howe underlines the fact that

It is over a hundred years after her death; if I am writing a book and I quote from one of her letters or poems and use either the Johnson or Franklin edition of her texts, I must obtain permission from and pay a fee to

The President and Fellows of Harvard College / and the Trustees of Amherst College.

Indeed, that is outrageous. (It’s not hard, in light of this travesty of liberalism, to see why Howe titled another of her books My Emily Dickinson.) How can institutions like Harvard and Amherst claim to be advocates of scholarly inquiry, while controlling the dissemination of and access to Dickinson’s work in that way? For an institution of higher learning, this is rank hypocrisy.

As I read through Howe’s poems lately (what generalizations I’m making here refer mostly to Frame Structures and Singularities, her two books freshest in my mind), I am lost much of the time, as if in the American wilderness that forms the scenic background of the poems. I move along understanding only a fraction of what I read, grasping for bits and pieces that make me feel less lost. A fragment hoves into view for a moment, crystallizing the understanding —

infinite miscalculation of history    (in Articulations of Sound Forms in Time, published in Singularities, p. 17)

and is gone. I have the sense the effect is itself calculated — not a sign of the poet’s failure to communicate or achieve coherence or cogency, but intentional. We are meant to be lost, phenomenologically, lexically. As we are lost in history, or in this present. We salvage what shards we can.

More on Howe later, maybe. I’m captivated. For now, I invite you to listen to any number of recordings of her reading from and discussing her work at PennSound.

Borges & Copyright, 2/2

Since my last post on the Katchadjian-Borges copyright case, I’ve discovered this — Norman Thomas di Giovanni’s account of his experiences with the Borges literary estate in the years after Borges’s death.

Di Giovanni translated much of Borges’s work in close consultation with him, but was shunned and aggressively pursued for bullshit reasons by Maria Kodama, who is the heir to Borges’s literary estate, and the plaintiff, of course, in the current Katchadjian case. A translator’s nightmare. Well worth the read. It’s said that di Giovanni’s translations are superior to those which are currently in print in the Collection Fictions anthology. I haven’t compared them, but you can access the di Giovanni translations of “Tlön, Uqbar, Orbius, Tertius” and “The Aleph” if you know how to google. (Recommended.)

Borges & Copyright (1/2)

It’s not uncommon these days to hear that copyright is an obsolete concept, or at least no longer a tenable one. People download images and songs willy-nilly off the web and repost them on their blogs or social media accounts with little regard for that antique if not by now quaint notion of intellectual property. So what? Usually no one cares, or the practice is so pandemic that resistance is assumed futile.

I’m spurred towards this crotchety line of thinking by the recent example of an author, Pablo Katchadjian, who wrote and had published a short (very short) book that incorporated and expanded on the Borges story “The Aleph,” and who now faces serious consequences from an Argentinian criminal court. See Fernando Sdrigotti’s article at The Guardian, “Re-working Borges is a legitimate experiment, not a crime.”

While I admit that the charges and possible penalty are entirely out of proportion to the alleged crime, I do lack sympathy for someone who purports to be professionally engaged in literature and who has the gall to appropriate another author’s work — not yet in the public domain — for their own project with nary a thought to permissions or rights agreements. Sdrigotti cites the other Borges story, “Pierre Menard, Author of the Quixote,” but doesn’t bother to mention that it’s there a question of a centuries-old work long in the public domain being appropriated. If I recall, Menard doesn’t even publish his plagiarized text, does he? Correct me if I’m wrong. He only reproduces a passage of a certain length — less even, I think, than the 4,000-word length of “The Aleph” in question here.

The article’s title suggests some of the confusion — yes, Katchadjian’s Fattened Aleph may be a “legitimate experiment,” a remix as it’s so popular to say in this day and age; it may even be quite brilliant; but is it legal to publish it? “Re-working Borges is a legitimate experiment, but without rights in order it ought not to be published.”

I’m not in favor of draconian punishments for copyright violators — nothing is more repugnant to me — but artists above all should see that copyright and intellectual property law serve a vital function, not least protecting the livelihood of artists.