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.)
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.