Posts by Edward Champion

Edward Champion is the Managing Editor of Reluctant Habits.

Racism and Copyright Games: The Fallacious Position of William Sanders

Transcriptease offers a very helpful summation on the racist shenanigans of Helix editor William Sanders. For those who missed out on this piece of news, writer Luke Jackson sent Sanders a story. The story featured Muslim characters. Sanders rejected it, noting in his rejection letter, “You did a good job of explaining the worm-brained mentality of those people.” The email then made the rounds on several science fiction sites. And several Helix contributors asked for their stories to be removed from the Helix archives.

Rather than perform the gentlemanly act and apologize for his mistake, Sanders issued an ultimatum to his contributors. If they wished to remove their stories from the archive and did not express their wish to do so within a month, they would be forced to pay $40 to have it removed later. Soon, Sanders retracted this offer and declared that nobody could have their stories removed at all.

Assuming that there is no written instrument, Sanders is in no position to make such demands of his contributors.

The question that nobody has asked here is whether any of the Helix contributors ever signed a contract or another written instrument upon having their stories appear in Helix. Sanders’s magazine lists all of the contents as falling under the copyright of Helix. This itself is fallacious, because according to Helix‘s website, Helix is published by the Legends Group, which is described as an unincorporated association. Since Helix is based in Maryland, according to the Maryland Business Regulation Code, § 19-201, it can therefore be described as an organization. Therefore, if the copyright notice on the site is valid, should not the copyright read “©2008 The Legends Group” instead? And if The Legends Group has performed due diligence, then surely this would be reflected at the Register of Copyrights, right? After all, § 409 of United States Code, Title 17, states that each application for copyright must contain “(10) in the case of a published work containing material of which copies are required by section 601 to be manufactured in the United States, the names of the persons or organizations who performed the processes specified by subsection (c) of section 601 with.”

But over at the Library of Congress’s public catalog, we discover no such notices for these stories by either Helix, The Legends Group, or William Sanders. Searches for “Legends Group” and “The Legends Group” reveal no registered copyrights. And searches for “Helix” or “Sanders William” do not match up with any of the stories listed on the Helix site.

If the Helix contributors simply sent in their stories into Sanders and he agreed to publish them, and there was no contract, then this means that they retain the unregistered copyrights for their stories, and Sanders is in violation. If Sanders did not have a written instrument in place specifying that there was a transfer of copyright to Helix, then the copyright belongs to the author. Which would mean that the author controls whether or not the story appears on the website. To cite the specific code section under §204 of Title 17:

(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.

Of course, to uphold Sanders’s numerous copyright violations, the stories would need to be registered. If the writers who wish to have their stories removed from Helix were to register their stories with the Copyright Office, then Sanders be in clear violation of copyright and damages could be pursued.

Either way, Sanders does not come out of this looking well at all. The best thing for him to do is to remove any stories that authors wish for him to remove. And if Sanders cannot perform this basic courtesy, then the writers have the obligation to register their stories with the Copyright Office and take up the dispute in court to collect the dutiful damages that come from being associated with a racist editor.

NYPD Police Brutality

WCBS: “Cephus said he was bringing ice into a park, when he encountered two police officers checking for liquor. He dropped his bag, and says he was hit 10 to 12 times on the shoulder and upper arms, before a bystander’s camera even started.”

Amazingly, Police Union President Patrick Lynch claims this to be an appropriate amount of force. And while the officer involved has not been suspended, he has been confined to desk duty.

This violence comes only a day after a NYPD officer assaulted a Critical Mass cyclist, brutally pushing him from his bike while he was simply riding down the street.

The officer who assaulted Cephon is Michael Harrington. The officer who assaulted the cyclist is Patrick Pogan, and even Mayor Bloomberg believes Pogan went over the line.

Patchett Up Your Pity Party, Ann

Proving once again that its editorial team now prefers thoughtless and narcissistic essays over writing that chronicles the human condition, the Atlantic has commissioned Ann Patchett to throw a pity party about book tours. Look, if you’re an author and you can’t be bothered to have a bit of fun with a book tour, then you should either (a) insist on no book tours (as Denis Johnson and John Twelve Hawks have) or (b) stop bitching and moaning. Unless you suffer from Asperger’s or a Napoleon-like hubris, it takes exceptionally little skill to listen to someone and to remain patient even when a person has a predictable question that you’ve been asked four hundred times. (And besides, people are damn interesting, even when they ask obvious questions.) If you have any kind of brain, you can turn that question around into something complex and get the reader to think differently. A novel of yours from six years gets discussed? Tough titty, sweetheart. Once you’ve released the books to the public, they are no longer yours. Works you may deem greater or more significant won’t necessarily be what the audience deems greater or more significant. And what’s wrong with that? I don’t care if you’ve won the PEN/Faulkner or the Nobel. If you can’t appreciate the privilege of a literary life, then you deserve all the flack you get.

The Future of Newspapers and Litblogs: A Thought Experiment

In yesterday’s Huffington Post, publicist Lissa Warren expressed her dismay in “the seemingly widely-held notion that these book sections are being adequately replaced by blogs.” She complained that blogs “don’t actually review books” (emphasis in original) and that bloggers are nothing more than helpful cherry pickers ferreting out the best content.

This, of course, is poppycock. Scott Esposito continues to turn out issues of The Quarterly Conversation and is now making efforts to pay his contributors. Aside from the almost two hundred hours of podcasts available at The Bat Segundo Show, this website has featured many lengthy roundtable discussions of books, running during the week of pub date, including T.C. Boyle’s Talk Talk, Richard Powers’s The Echo Maker, and Nicholson Baker’s Human Smoke. (Powers and Baker both joined in during the final installments of their respective roundtables.) The Human Smoke discussion alone generated some 20,000 words of commentary among fifteen people, with asides on second generation Holocaust historians, World War I history, and sundry topics. This week, Talking Points Memo is featuring a lengthy discussion on Joseph O’Neill’s Netherland. Meanwhile, Mark Sarvas has been allowing his readers to see what goes into the writing of a review. This summer, Colleen Mondor helped to organize the Summer Blog Blast Tour (far from the first of this type), which featured a comprehensive series of helpful discussions about contemporary YA titles that even the purportedly best book review sections have not broached because of innate genre prejudices.

Do these efforts represent a replacement for book review sections? Well, if one hopes to find a facsimile of book review sections online, probably not. But it would take an exceptionally rigid and incurious mind to settle merely on a clone. If one wishes to discover forms of literary commentary that serve the same function as a book review section, it is extremely difficult not to find online exemplars in alternative forms.

Warren’s complaints about litblogs fall into the same tired explanations that have been bandied about by the likes of Sven Birkerts, Michael Dirda, and numerous other myopists who are incapable of accepting an alternative that has been carrying on for a good five years. The objections are less about function, or even the content (conveniently, examples of the litblogs’s inadequacies are never cited by the naysayers), and more about form and especially control. Impulsive thought cannot be accepted because it remains impulsive. Never mind that many newspaper book sections, because of the deadline-oriented nature of the business, remain somewhat impulsive and often fail to include numerous examples from the text when considering a book. (Consider, for example, Charles Taylor’s review of Uwem Akpan’s Say You’re One of Them, which appeared in Sunday’s New York Times Book Review. We are afforded a summary of Akpan’s offerings. But despite having 1,200 words of space, Taylor only cites a few sentences from the novella, “Luxurious Hearses.” Taylor prefers generalized speculation about the book, rather than the kind of rigorous dissections of text that one expects of a critic.)

The print boosters remain hostile to the idea that an online medium can not only modify the manner in which critics and readers approach a book, but generate innovative methods of expanding one’s relationship to a text. So litblogs are deemed inferior not necessarily because the content is inferior, but because there are doubts about the methods and manner in which litblogs transmit information.

I will agree that if one is looking for the online equivalent of the New York Times Book Review, it’s simply not going to be found on litblogs. And that is because most litblogs, on the whole, aren’t interested in perpetuating a form of literary journalism that, while often quite valuable, has grown tiresome and often predictable. And it is the unpredictablity and spontaneity of litblogs that offer both a literary renaissance and a threat to those who wish to uphold print’s humorless and oft passionless status quo.

On Monday, I posted a lengthy lexicon of very specific Yorkshire dialect terms used in Ross Raisin’s novel, God’s Own Country (known in the States as Out Backward). It was an effort not only to aid my own understanding of Raisin’s book, but also to assist other readers in negotiating the fascinating linguistic terrain of a novel that, according to a recent Google News search, has only been reviewed in one American news outlet: a 200 word “verdict” and “background” in the Library Journal. The book was a finalist for the Dylan Thomas Prize. This failure on the part of American print outlets to include Raisin’s novel in a timely manner suggests considerable print deficiencies.

The Raisin example also suggests that litblogs are not only covering books that are ignored by the seemingly impeccable vanguard, but that litblogs are presenting new forms of coverage that are inconceivable to Sam Tanenhaus and, yes, even a dutiful reformer like David Ulin. Unprohibited by length and unhindered by house style or crazy billionaires who don’t know how to run a newspaper empire, litblogs are in a position to change the journalistic terrain, possibly usurping freelance reviewers if a comparable revenue model can be established.

While I disagree with Kassia Krozser’s assertions about gender imbalance at the Los Angeles Times Book Review for reasons similar to Carolyn Kellogg’s (disclosure: I am an occasional contributor to the Los Angeles Times), Ms. Krozser is correct to point out that the hand-wringing about book review cuts has indeed represented a sense of entitlement. Not a single books editor, litblogger, or freelance reviewer is entitled to the lives they lead. At the end of the day, it’s a matter of generating content that will ensure that the writer can carry on writing. But if one operates on a smaller scale, then the financial obligation is seriously reduced (assuming that one wishes to make this sort of life one’s center) and the writer’s freedom to write in any fashion is greatly augmented.

So perhaps what we’re really seeing here is a situation in which the leading online voices will carry on doing what they are doing, with the unusual and passionate voices prohibited by the constant scrutiny of newspaper executives, precisely because the financial demands of supporting one individual are lesser than the costs and overhead of running a large newspaper or magazine. As Howard Junker observed yesterday, ad sales for the Atlantic have declined 11% in the last month. For Vanity Fair, the sales were considerably more severe, dropping a whopping 49%. With print advertising starting to dip, the onus now falls upon newspapers and magazines to either (a) increase advertising to support current operating costs or (b) reduce operating costs to bring the outlet in line with the reduced advertising. But if newspapers and print boosters will remain obdurate about these apparent online yahoos, the onus also falls upon litbloggers to find sustainable revenue models that will permit them to operate independently.

I should observe that the cost of a full-page advertisement in People Magazine is $250,000. I cannot speak for other bloggers, but it is safe to say that I could live off of this sum for a good five years and be relatively happy. I think it’s also safe to say that the money could also be allocated to other writers to turn in high quality freelance reviews for this site. Now imagine if a People advertiser wised up to this idea and decided to sponsor me (or another blogger) for five years. The People full-page advertisement fades away from public consciousness in a week, but the advertisement would run here for five years to a more limited, but very specific niche audience. Because there is only one sponsor, my editorial integrity would be fairly well preserved and I wouldn’t have to fear upsetting many sponsors who keep a big newspaper operation afloat. I would not need to always pander to a mass audience by reviewing the latest by a big name author. Small press and genre authors tossed out with the galleys deemed extraneous could be included with the same rigor that a newspaper grants the celebrated big names. Gender imbalances, whether genuine or perceived, could be greatly remedied.

If enough bloggers were to initiate an advertising scenario along these lines, it is safe to say that blogs could adequately replace newspaper book review sections, adopting both the form of the well-considered essay featured in book review sections as well as many alternative forms now practiced and conjured up by current litbloggers. I don’t know if the newspapers have discussed this possibility, and I don’t know how many litbloggers have truly considered this ambition. But the time has come to set a precedent. If this does occur — and it just might — then it may very well be the print contributors who begin coming around to the online venues. Let us not respond with the same snobbery and entitlement.