Still on the burning deck, ten years later

With toothpicks and Scotch tape, I have redesigned this blog. The inciting force was a notification from my old webhost, Typepad, that I had used up my allotment of categories. Three hundred categories I had been given, and no more. I had squandered them on Elizabeth Bowen, psychoanalysis, anarchism, and habeas corpus, and if now I wanted a category for Charles Williams, tough.

I sulked. I googled. And found myself gazing wistfully at the pastures over at WordPress.org, where yeomen and lasses seemed to frolic carelessly amid flocks and flocks of categories, all gamboling happily together. I seemed to hear them singing of how easy and intuitive their lives were. They idled. They drank from their flagons. They uploaded to folders with natural-language names.

It was a lie, reader. It was all a lie. The easy and intuitive part, anyway. WordPress.com may be user-friendly—I don’t know, I didn’t try it—but man, WordPress.org . . . Do not move your blog to WordPress.org unless you are a compulsive with the capacity to inhale a zeppelin’s volume of techy hot air. I stayed up till 2am every night for a straight week, staring slack-jawed and glassy-eyed at the screen. I made no progress in my Trollope novel. I didn’t read anyone’s galleys. To think that just a week ago I didn’t know what “php” was. I still don’t, really. Do the letters stand for something? But now I know how to child a theme. Now I can induce a firebug to inspect a “css.” After such knowledge, . . . I still can’t figure out how to enqueue a script, and as a result, my gloss of Wyatt’s “They flee from me” won’t unpack itself here at the new site. (For another week or so, you will still be able to see how it’s supposed to work at the old Typepad site, which I haven’t unplugged quite yet. Seriously, if anyone knows how or where to install a Jquery script in WordPress, get in touch. Should it be part of a “php”?)

Hope you like the new design. If something isn’t working, let me know. In a nice way. The idea behind it is that the easiest sort of thing to read is a tall, fairly narrow column. In order to make the central column as tall as possible, there’s no banner or menu across the top of this blog. To minimize distraction, clutter has been reduced in the sidebars, and the date, category, and author of a post has been made tiny and gray. The badge in the upper-left-hand corner with the blog’s title was hand-lettered in synthetic scrimshaw by a grizzled sailor locally sourced from a wharf.

At the back of my mind, during this ordeal, was the question: Why? While researching new web hosts before the transfer, I noticed, dispiritingly, that a fair number of blog redesigns are followed in short order by blog death. Redesign, in other words, seems in many cases to be a symptom of the propietor’s waning interest. Let’s prop the little monster up one more time and paint a happy face on it. Then, a week later: Let’s just shoot it. Like human civilizations, blogs do not last forever. And it turns out that while I was entrammeled in renewing the code of this one, I failed to observe its tenth anniversary. I first posted on Steamboats Are Ruining Everything on 29 March 2003. About errata, of course. Good god.

So what is a blog for? Four years ago, as an introduction to a print-on-demand anthology of this blog’s posts, I explained that I came to blogging fairly late—in fact, probably too late to take full advantage of its fluidity. I wasn’t hoping to break into print. My problem was that I had a toehold in print, which I was anxious about losing:

The quandary: If I wanted to communicate an important discovery, shouldn’t I write it up formally, either for money (i.e., journalism) or prestige (scholarship)? If a discovery wasn’t worth these rewards, was a casual communication of it worth risking my reputation, such as it was, for accuracy and deliberation? Though I had chosen not to pursue a career in academia, I had earned a Ph.D. in 1999 and was saddled with scholarship’s neuroses as well as journalism’s. To speculate beyond one’s area of expertise, based on no more than intuition and a few pieces of evidence, which happened to be new to oneself but might not be to specialists—wasn’t that a recipe for broadcasting one’s ignorance? And at the pit of my stomach, as I contemplated my efforts to make a living as a freelancer, lay another question: Would my editors continue to buy the cow if I was dispensing the milk for free on my blog?

Still good questions! Though not good enough to deter me from the pleasure of seeing myself type, evidently. I did discover a new use for a blog last year. It turns out that a blog can be a pretty good way to draw attention to a matter of urgency and public importance and to relay information about it in detail. But I have had to bench myself and let others carry that particular banner, and anyway, civic alarm is somewhat to one side of the puzzle that a blog poses to a writer.

A few years ago, print magazines complicated the puzzle by starting blogs of their own. I became inveigled when editors at the Paris Review invited me to send the occasional post their way. An odd state of affairs. They were offering a little money, but so little that a writer with any economic sense would have politely declined. My trouble was that I didn’t have any economic sense and was writing these posts for nothing already. I had then recently written one about the movie Avatar, for example, that had been reprinted on n+1′s blog and quoted by Daniel Mendelsohn in the New York Review of Books. That was fun. Should I stop? Why? So I started sending posts about movies to the Paris Review from time to time. Later I sent posts about other topics, and later still, I also started sending them to the New Yorker.

I can’t tell you how confusing this all is. Now, whenever I write something for my own blog, I can’t help but wonder whether I should send it somewhere else before hitting the Publish button. Pro: Cash. Con: Waiting. Am I an impatient person or a greedy one? And what if they say no? Steamboats Are Ruining Everything, after all, has always been very indulgent of me, editorially; very broad-minded. One’s amateurism has been a bit tampered with. Guilt colors one’s thinking, as guilt usually does when writing and money meet. One ought to be selling one’s wares for as much as the market will bear if it is in good faith that one has declared to the IRS year after year that writing is a profession not a hobby. In which spirit, of course, one should probably not be writing blog posts at all. But one can’t let capitalism have all the fun.

Four months from now, Penguin will publish my first novel. Friends congratulate me that I already have a “web presence.” I do intend to exploit it, but I’m haunted by a koan that a fellow writer once shared with me: “Freelancing only leads to more freelancing.” What if web presence only leads to more web presence? It probably isn’t for nothing that the sale technicians of the internet, when referring to a website reader’s decision to make a purchase, use the heavy and difficult word conversion.

Is blogging no more than a thing-in-itself? Am I about to quit? For the tenth anniversary of Steamboats Are Ruining Everything, here’s to ambiguity. Here’s to going down with the ship.

Stalker

I review James Lasdun’s Give Me Everything You Have: On Being Stalked in the 4 March 2013 issue of The Nation.

Axis of freedom

Over at the Paris Review Daily, I wax cod-philosophical about the freedoms and constraints of book reviewing.

The NYPL’s Central Library Plan: Updates and Corrections

Interior Work. Construction of the Stacks. New York Public Library, 42nd Street and Fifth Avenue, June 24, 1907.

Last week, when I wrote about the New York Public Library’s plans to remove the stacks and most of the books from its research collection on 42nd Street, I contrasted the different ways that writers and readers use a library. I was trying to convey the different missions of a research library, which allows access to deep, little-visited stores of knowledge, and a circulating library, which makes culture available to the public for free. A few people wrote to tell me that it’s not only writers who rely on the New York Public Library’s research collections. You’re right! My distinction between writers and readers was only a metaphoric way of speaking, and it was imperfect. Creative people in other arts also need access to the cultural tradition, and mere curiosity leads many people to investigate who have no intention of addressing the public. It’s also the case that the New York Public Library, located in a transit hub, serves academic researchers throughout the Northeast who teach at colleges that have only modest research collections on their own campuses.

In last week’s post, I drew on statistics on the library’s own website to estimate that there are now 5 million books at 42nd Street and 2.5 million offsite, and that after the Central Library Plan (CLP), there will be 1.5 million onsite and 6 million offsite. A friend points out that the situation after the CLP will actually be even worse than I estimated. Until recently, the books in the research collection at the Science, Industry, and Business Library (SIBL) were only a short walk away, at Madison Avenue and 34th Street. Under the CLP, SIBL’s research collection is also slated to move to the library’s storage facility in New Jersey (except for a small subset of special historical value, which will remain at 42nd Street). I can’t find a good number for how many books are in SIBL’s research collection. In 1996, the New York Times reported that it had 1.2 million books; I’ve heard that there are 3 million now. Whatever the number is, it makes the “before” picture that much better, and the “after” picture that much worse. If SIBL has 3 million books in its research collection, for example, then the ratio will go from 8 million books onsite and 2.5 million offsite to 1.5 million onsite and 9 million offsite.

On the other hand, during a cordial, on-the-record telephone conversation on Monday, Ann Thornton, the Andrew W. Mellon Director of the New York Public Libraries, told me that the library hopes that it will be able to store more than 1.5 million books onsite after the CLP. She said that the library isn’t altogether certain of the capacity available in the Bryant Park Extension, the shelving that’s underneath Bryant Park. They hope that there will turn out to be room for more than 1.5 million research-collection books; administrators are also trying to find storage space for them elsewhere within the 42nd Street building as well. Ann didn’t, however, provide a new number.

There are a few other pieces of news and fact-checking to report from that conversation. When I asked whether any steps had yet been taken to implement the CLP, Ann said that the library was “in schematic design”—in other words, Norman Foster’s architectural firm is now drawing up blueprints—but that no demolition or construction had yet taken place. Books, however, have already begun to leave the building. As they’re bar-coded for the move, some books are being sent to a temporary offsite storage facility run by Clancy-Cullen. The books aren’t going to Recap, the library’s offsite storage facility in Princeton, New Jersey, because the library has filled its allotment of shelves there and needs to build more space. While the NYPL’s books are at Clancy, they can still be paged by readers and retrieved for use at the 42nd Street library.

A number of colleagues have told me they find appealing the proposal in the CLP to provide 400 to 500 desks for writers at 42nd Street. I asked whether there was a firm commitment on the library’s part for these desks, and Ann said it was just a proposal, though something the administration did hope to do.

On the webpage where the library discusses the CLP, the library has said that only 300,000 out of 5 million ink-on-paper volumes were used at 42nd Street last year. I asked about the data behind that statistic, because the research library switched to an electronic-based circulation system only in the last few years. Ann said that the statistic was based on data from the new electronic circulation system and on analysis of call slips that don’t go through the electronic system. Is there comparable data for earlier years? Not quite, given the recency of the electronic system, but Ann said that the library had done what she called “snapshot analysis” in earlier years, based on the analysis of ink-on-paper call slips collected over a certain interval of time. She said they began performing these “snapshot analyses” before the offsite storage program was inaugurated in 2000, and that they’ve performed several in the years since. The library’s data indicate that use of the research collection has been declining, though not as fast as the decline at other institutions that belong to the Association of Research Libraries. (She thinks the NYPL is doing better than average because of recent efforts to make its manuscript and archival collections easier to find.) One of my worries here is that comparisons across time may not be statistically significant if the means of data collection has changed so markedly. From paper call slips and pneumatic tubes, it’s a big jump to bar codes and computers.

Ann mentioned that the library had stopped collecting in science at a research level before 2008, deciding to focus on its strengths in the humanities, but she assured me that it is still collecting in Slavic, though Czech literature isn’t considered a particular strength. She said that the library looked forward to hiring more curators, with special expertise in Latin America and other areas. We also talked extensively about Marli, the program that allows users to check books out of the research collection for the first time, and I hope to write more about this complex topic later.

Our conversation didn’t give me the sense that the library’s administrators are yet reconsidering their plan to remove the 42nd Street building’s bookshelves of Carnegie steel—which, by the way, are featured in beautiful archival photos that illustrate a 2010 essay on the library’s own website.

Build More Deliberately

On Monday, 12 March 2012, I was a guest on WNYC’s Leonard Lopate Show, along with the journalist Scott Sherman. We were invited to discuss Scott’s recent article for The Nation about the $350 million renovation that the New York Public Library is contemplating for its landmark building at 42nd Street and Fifth Avenue. (The New York Times has also written about the plan, and the library has released some details on its own website.)

The proposed renovation, known as the Central Library Plan (CLP), is making scholars like me nervous, and to spell out why involves thinking about the library’s mission. Or rather, missions. The New York Public Library isn’t one thing. It’s two: a circulating library system and a research library system. The circulating library is primarily for readers. The flagship is the Mid-Manhattan building on 40th Street and Fifth Avenue. In that building and in eighty-eight other branches, any New York City resident may check out books, movies, and music for enjoyment at home. These books and DVDs aren’t meant to last forever. They’re meant to be enjoyed now. If you bring the latest Franzen novel home from the library and your dog eats it, the library may ask you to pay for a replacement, but the mission of the circulating library system is not thereby impaired.

The research library system, on the other hand, is primarily for writers. Its flagship is the white marble building at 42nd Street and Fifth Avenue—the one with the lions out in front. There are three other locations: the Science, Business, and Industry Library (SIBL) at Madison Avenue and 34th Street; the Schomburg, which is in Harlem; and the Library of the Performing Arts, which is in Lincoln Center. It’s not considered okay if harm comes to the books, manuscripts, and works of art in the research library system. Many are irreplaceable, and the intention is to keep them safe for future generations, as well as make them available for use by the present one. Access is balanced with preservation. There are different ways for a research library to protect its collections. Historically, the New York Public Library has done it with a simple rule: Nothing leaves the building. Nonetheless, anyone who walks in the door is free to read, watch, and listen to all of these works. It doesn’t matter who you are or what your motive is. (As I mention in the radio show, the NYPL has, however, begun to experiment with altering this bargain, in a pilot program that allows a vetted group of researchers to take books home. I signed up myself, but I have strong reservations about it.) The NYPL’s research collection is world-class, containing in its four locations and in an offsite storage facility in Princeton, New Jersey, more than 15 million books. In North America, only the Library of Congress (22 million books) and Harvard’s library system (16 million books) are comparable. Harvard’s library isn’t open to the public, and the Library of Congress is in, well, Washington, D.C. The New York Public Library is in New York —where the writers are. To single out a particular strength, the NYPL’s collection of books from Russia and Eastern Europe is sometimes said to be the greatest on this side of what used to be the Iron Curtain, and given the checkered history of free expression in that part of the world, it may in some cases document the twentieth-century history of those countries better than their own libraries do.

On the third floor of the library’s 42nd Street building, there’s a grand, city-block-length reading room. It sits on top of Carnegie-era shelves that house 3 million books. If the library’s administrators carry out their Central Library Plan, they will remove those shelves and ship the books on them to an offsite storage facility in Princeton, New Jersey. In the books’ place, they will install a new circulating library, full of public computers—a substitute for the Mid-Manhattan branch library across the street. The Mid-Manhattan building would be sold. The space currently occupied by SIBL would also be sold, and SIBL’s books would be consolidated with the research collection in the 42nd Street building.

As a personal matter, I have many reasons to be grateful to the New York Public Library’s research division. I was a fellow at the library’s Cullman Center in 2002 and 2003; for a year I received an office and a stipend, and I experienced the fellowship as a vote of confidence in my writing, which felt to me like a lifesaver. But for several years before, and over the decade since, the library also mattered to me in a very practical way: It made possible the research that is the basis of my career. In writing about everything from abolitionist Thomas Wentworth Higginson to the inconvenient truth about the original Tea Party, I have depended on the library. My review-essays have sometimes been pretty research-intensive, but I haven’t had regular access to a university library, as most scholars do. Thanks to the NYPL, I’ve been able to write my essays anyway. In fact, I’ve come to feel that the NYPL is much better than the library at Columbia, where I earned my doctorate. Most of the books at Columbia circulate, and it often happened during my research there that a teacher or another student had checked out the book I wanted. Or that the book had been lost long ago, and I was chasing a ghost that haunted the library catalog. Books are sometimes stolen from the research collection at the New York Public Library, but by and large, the NYPL has what its catalog says it has, which is quite a bit. In nineteenth-century American history and literature, it’s hard for me to imagine a collection more comprehensive.

So it’s as someone who loves the library that I am concerned about the recent proposals to alter it. Unfortunately, my confidence in the decision-making process of its administrators was shaken by their controversial 2005 decision to sell off Asher Durand’s famous painting Kindred Spirits, and I think the administrators’ new plans ought to be scrutinized carefully.

To put my concerns bluntly: What problem is the Central Library Plan (CLP) meant to solve? It will cost $350 million, it will disrupt the research library during construction, and it will permanently impair the ability of the research library to serve scholars. I’ll explain more about that impairment shortly. But I want to begin by stressing that I simply don’t understand what the CLP is for.

Is it to make the 42nd Street building more democratic? There have been suggestions of that in the administrators’ rhetoric. A research library, however, is as democratic as a circulating library. Technically it may even be a little more democratic. Literally anyone can use the NYPL research libraries; only New York City residents can check books out of the circulating libraries. True, there are fewer writers than readers in the world, so a library that serves writers will never be used by as many people as a library that serves readers. But it’s a mug’s game to pit writing against reading. They’re necessary to each other, in complex ways. The question that the CLP poses about the 42nd Street building isn’t democracy; it’s whether the allocation of space between book storage and visitor space is balanced and is appropriate to the library’s two missions. It seems misguided for NYPL administrators to suggest that one mission should give way to the other.

Is the goal of the CLP to make available more internet access? Publicity materials on the library’s website note that library users have said in surveys that they wish there were more computers. Libraries should offer computer access, but it would be risky to stake too much of the library’s identity on providing a particular technological service. Technologies change, and lately they’ve been changing quickly: witness all the now-little-used Ethernet ports in the tables of the third-floor reading room. What if the mayor’s office were to decide a decade from now to provide city-wide wireless internet access? What if a decade from now, almost everyone has a smartphone and almost no one uses a laptop let alone a desktop computer? Then what would the purpose of the new CLP library be?

Is the goal to bring literacy education to children? To bring them instruction in English as a second language? These goals, too, are mentioned in the publicity materials on the library’s website. But you don’t need a new central library to accomplish either. It would make much more sense (and cost much less) to upgrade the branches of the circulating library, as needed, and conduct education programs there, closer to where people live.

Is the goal to save money? Then why not just renovate the Mid-Manhattan library? That’s not likely to cost $300 million. You could probably knock down the Mid-Manhattan library and build a whole new one in the same place for less than the cost of retrofitting a new facility into the marble landmark on 42nd Street and Fifth Avenue. (For a rough comparison: Wikipedia claims that the 52-story Random House Tower cost $300 million. That was in 2003, but the library doesn’t need 52 stories.) It does seem reasonable to me to close SIBL and return its collections to the 42nd Street building, their original home. Closing SIBL will save the library a fair amount of money, in both the short and long term, and it can be done without altering the structure of the 42nd Street building. Moderation in all things. The shrinking of institutional footprints is not an end in itself.

It’s worth pausing on SIBL as a cautionary tale. It was installed in the old B. Altman department store building in 1996 in the hope that local proprietors of small businesses would be attracted by access to CD-ROMs and online databases. This was a bold guess about the future of information technology, and like most bold guesses about the future, it turned out to be a little off target. Today SIBL isn’t much used as a research library. The lesson, perhaps, is that cultural institutions like the New York Public Library shouldn’t aspire to be bleeding-edge. The marriage of computers and literature is still very much a work in progress. Every year of late has brought sweeping and unforeseen change. (Blogs! Kindle! Twitter! Google Books! The Nook! Amazon is a publisher! Blogs are dead! Google Books is dead! The Ipad! Etc.) Are we sure that researchers of the future won’t much care whether they have access to ink-on-paper books? One of the hottest scholarly fields in recent years has been the history of the book, which requires hands-on access to real physical volumes. What if it turns out that the e-book is a great invention for reading as a consumer, but not much use for reading as a scholar? What if it turns out that it’s simply not possible to apprehend a book in electronic form the way it can be apprehended in print form? I know that whenever I try to imagine reproducing my scholarly methods electronically, I halt at the problem of how to reproduce digitally the phenomenon of having a dozen physical books open to different pages at once on my work table. In the future, will I need to buy a dozen Ipads? Why not wait to reconceive the library until we know a little more about how scholars will use books and e-books in the digital age?

The library’s administrators have suggested that “certain materials [in the offsite storage facility in Princeton] could be requested for online delivery.” Columbia has a scan-and-email service of the sort that they probably imagine, and a few years ago, when I had access as an adjunct to Columbia’s libraries, I used it. It’s great for articles in scholarly journals and individual chapters of books, but the legal rationale depends on not scanning much more than one article or chapter at a time. The Google Books deal is dead, so most books published in the twentieth century—which is to say, most books period—will remain under copyright, and there’s not going to be any legal way for the library to transmit digital versions of entire books unless Congress intervenes. I wouldn’t advise holding your breath for Congress. (As I mentioned in the radio show, it’s also worth bearing in mind that electronic versions of books have no proven archival value. File formats change, and they often can’t be opened on new operating systems. I know I’m not the only person who keeps his old laptops because his new one can’t read the files on the old ones. Even apart from compatibility questions, it’s simply not known how stable electronic data is over the long term. Paper and ink, on the other hand, seem to last indefinitely, as long as they stay dark, dry, and relatively cool.)

If the CLP goes through, scholars will be dependent on the physical delivery of books from Princeton to 42nd Street. How much of an obstacle will this be? Administrators have promised delivery within twenty-four hours. Alas, that’s hard to credit. I’ve looked through my old emails, and in 2003, when the offsite storage facility was young, I did indeed get offsite materials the day after requesting them. In 2006, the emails confirming my requests grew a little more cautious, and promised only that the materials “should” be available for use within twenty-four hours. By 2010, the emails said that my materials “should” be available for use within forty-eight hours, and added that “Any requests submitted on Friday, Saturday and Sunday should arrive by the following Tuesday.” But by this time I, like most researchers at the NYPL, had learned to allow three to five days for delivery of offsite materials, and to let myself be pleasantly surprised if they came sooner. So I expect that if the CLP does go through, the library will be pretty good about twenty-four-hour delivery—for a year or two.

If you know in advance which books you’re going to need, and if you’re starting far ahead of your deadline, a three- to five-day delay isn’t lethal. But it will put a crimp in your style. It may not be until you get one of those offsite books and start leafing through it that you’ll realize that it’s another offsite book altogether that you really need—and now you’ll have to wait three to five more days to get it. If you’re on a tight deadline, though, a delay renders the library useless. A book you can’t get to in time might as well not exist.

As you may have gathered, I already find the library’s use of offsite storage fairly annoying. How much worse could it get? The library’s website claims that the 42nd Street building now holds 5 million research collection volumes. If the CLP were put into effect, only 1.5 million would remain at 42nd Street and there would be 6 million in offsite storage. That means there must be about 7.5 million books total, and about 2.5 million books in offsite storage now. So the ratio of present books to absent ones today is 5 : 2.5, or 2 : 1. After the CLP, it would be 1.5 : 6, or 1 : 4. To put those numbers another way, if you want to see a book in the NYPL’s 42nd Street research collection now, your odds that it’s on site are about 67 percent. After the CLP, your odds would drop to 25 percent. Actually, the odds would probably be even worse, because the research volumes currently at 42nd would be competing for space with those moved in from SIBL.

The greater number of delays will likely become so irritating that researchers who can go elsewhere will. If the research library becomes unusable, the next step will be to phase out its mission. Does this prediction sound alarmist? Unfortunately, in the past decade, we’ve seen that cultural institutions rarely have the good fortune to die suddenly, at the top of their form. Usually they go a little cruddy first, as their stressed-out custodians lose track of priorities. A newspaper sheds reporters, stops printing book reviews, forces its more-experienced editors into early retirement, and by the time it actually goes bankrupt and closes, few are sorry to see it go.

There are other signs that the NYPL is shifting away from its research mission. Many senior staff have been let go, a loss of human capital that has been largely invisible, except for the 2008 shuttering of the library’s Slavic and Baltic Division. I’ve translated Czech literature and written about it. The Nation will print next month an article of mine about Václav Havel that draws in part on notes I took while reading in the Slavic and Baltic Division years ago, before it closed. During my fellowship year, I gave the division a set of Czech literary journals that I thought they would be better custodians of than I could be. With the closing of the division there seems to have come a loss of curatorial expertise. In preparation for the Leonard Lopate show, I tried a simple test: I looked up the recent winners of three Czech literary prizes: the Jiří Orten Prize, the Jaroslav Seifert Prize, and the Magnesia Litera Prize for book of the year. It turns out that the New York Public Library has no copies of the books that won these prizes in the past three years. And as it happens, the book that won the Jaroslav Seifert prize four years ago was the eighth and final volume of Václav Havel’s collected writings. The NYPL doesn’t have that book, either—an embarrassing lacuna not only on account of Havel’s importance as a politician and writer but also because Havel gave a signed copy of the first seven volumes to the library in person in 2003. (I was there. I was too starstruck to speak, but I tagged along and rode in the elevator with him and his security guards.)

An example of an omission in a rather different field: I’ve been revising a novel, and a friendly reader recently wondered about a piece of slang that one of my characters uses. I heard it twenty years ago and I could swear I’ve remembered the word and its meaning correctly, but the internet isn’t backing me up. Fortuitously, a few weeks ago the New York Review of Books described Green’s Dictionary of Slang, three volumes compiled on the historical principles of the OED, as “truly great.” I’d like to look my word up in it. Unfortunately, Green’s Dictionary costs about $600, and although Chambers published the book in 2010 and Oxford in 2011, the New York Public Library doesn’t own a copy.

Should the library continue to collect foreign literature, just because it used to? Should it continue to serve scholars and writers, when most public libraries limit themselves to lending out books for casual enjoyment? These are fair questions, if sad ones. When, in advance of the radio show, I canvassed a dozen colleagues about the CLP, a few were angry, but others expressed a mix of regret and resignation. Though they appreciated a proposal in the CLP of more desk space for writers, they saw that the CLP would make their lives harder overall. But they wondered if maybe it was fitting for them to give way. Maybe in the modern world, with its shrinking affordances, the convenience of scholars is simply fated to take a back seat to . . .

I might be able to share in this resignation if I understood exactly what we were being asked to take a back seat to. Library officials claim that fewer people are using the physical books, though it’s not clear to me that they were able to track such numbers until the past year or so, when they began scanning users’ library cards and books’ bar codes. (Before that, the library paged books with slips of paper and pneumatic tubes.) It may be that usage by dedicated scholars was never much higher than it is now. In the age of Wikipedia, the library probably no longer sees many high school students writing term papers, and in the age of the NYTimes.com website, far fewer need to trudge to the microfilm room. But the library’s core collection remains as indispensable to scholars as ever, and the ideal of the library—the belief that anyone should be able to walk in off the street and find out as much about a topic as has ever been published—is not susceptible to “metrics.” Still, maybe it’s the case that because writers migrated into universities over the past half-century, there are relatively few writers today without a university library. Maybe there’s less need for a public research library than there once was, even in the intellectual capital of America. If so, it’s still worth stopping and thinking about what’s happening. The New York Public Library is a scholarly resource of national, if not international, significance. If it is abandoning its research mission, the larger community of writers and scholars should be alerted. Should the research collection and its buildings be given to the federal government, and operated as a second campus of the Library of Congress? If the library isn’t abandoning that mission, it needs to renew its dedication to it. Instead of a grand building project, it needs to return its focus, and its money, to the hiring of staff with expertise as librarians, curators, and scholars, and to the collection of books, manuscripts, and works of art.

Postscript. On Monday afternoon the library responded to the treachery of my appearance on the Leonard Lopate Show by inviting me to join an advisory panel. So there’s reason to think an earnest debate on these issues may take place.

First impressions versus second thoughts

Over at the New Yorker‘s Book Bench, I try to explain why I signed the Occupy Writers petition.

Penguin will publish my novel in 2013

I’m very happy to announce that Penguin will be publishing my novel Necessary Errors as a paperback original in 2013. My editor will be Allison Lorentzen; the deal was negotiated by Sarah Chalfant of the Wylie Agency.

The title comes from a phrase in an Auden poem. I haven’t yet quite risen to the challenge of saying what the novel is about; when asked, I murmur, “Youth,” and gesture vaguely and wistfully upward. But it’s probably too soon to say more to the world at large anyway. More news in a year or so!

“As if the thing in doing were more dear / Than being done”

Over at the Paris Review Daily, I have an essay up about the mixed feelings that a writer is subject to when it’s time to let go of a book.

Objection, your honor

Because the community of authors seem to be greeting the advent of the Google Books Settlement with uncharacteristic silence, here's the letter of objection I recently sent to the clerk of the court settling the case. You can only object if you opt in to the settlement, so this means I'm in. (The deadline for opting out or for objecting to the settlement is May 5.) The letter incorporates ideas that I laid out in earlier posts; apologies for the repetition. I'm sure I've mangled a few legal details along the way; the only thing I'm confident of is that the settlement will have important effects that have not been foreseen by anyone, let alone me.

Brooklyn, NY 11215

28 March 2009

Office of the Clerk, J. Michael McMahon
U.S. District Court for the Southern District of New York
500 Pearl Street
New York, New York 10007

Dear Mr. McMahon:

As an author whose works appear in the Google Book Search database, I am writing to object to some of the provisions in the proposed Google Books Settlement. The concerns that motivate my objections came to me as I was navigating the settlement website, and broadly speaking, my objections fall into two categories. The first consists of defects in the settlement that seem to be caused by a mismatch between legal thinking, which is abstract and precise, and the diffuse and sometimes sloppy way that information is actually managed online. I've grouped these objections below under the heading "Practical objections." The second category is caused by the disparity between author's rights as legally defined and the influence and persuasive power practically available to authors heretofore. I’ve grouped these under the heading "Moral rights." There's some overlap between the two categories.

A. Practical objections.

1. I object to the restriction of the settlement to books registered with the U.S. Copyright Office.

According to the Google Books Settlement list of Frequently Asked Questions, “The requirement that United States works must be registered with the U.S. Copyright Office in order to be covered by the Settlement was included in the Settlement in order to comply with a decision of a U.S. court.” Perhaps, then, it’s a provision that the two parties felt they needed to comply with, but that your court will be able to set aside. I hope so. Until this settlement was proposed, it was unnecessary to register one's work with the U.S. Copyright Office in order to own copyright in it. If a copyright was infringed, an author could sue provided he was able to prove that the work in question was his and that he had not sold the rights to it. As a preliminary to a suit, an author did have to file a copyright claim with the Copyright Office, but it was not necessary to file this claim upon publication or for unpublished works in order to deter infringement. If approved, therefore, this settlement would have the practical effect of retroactively adding a bureaucratic requirement in order to secure ownership of copyright.

A personal example might explain the dilemma. Searching the Google Books database, I found a citation of a thesis I wrote as an undergraduate and deposited, as a requirement for my degree, in my college library. I never registered my thesis with the U.S. Copyright Office, because I never expected it to be published. Nonetheless I believed I had copyright in it and would have the power to decide whether it was to be published. As far as I can tell, Google has not yet digitized it, but by the terms of this settlement, the company is only restrained from digitizing it by its wish to maintain good will in the marketplace. By a common-sense definition, my undergraduate thesis is a "book"—it is bound, there are multiple copies (though only two, I’m pretty sure, in all the world), and it is publicly available (to anyone willing to trek to my college library).

Legal precedent would require me to register my undergraduate thesis with the Copyright Office in order to protect it. But I would argue that the sheer volume of Google's proposed encroachments ought to shift such a bureaucratic burden away from authors and onto Google. In other words, I believe that as a practical matter the courts should waive the formal requirement of copyright registration and offer the protections in the settlement to any book that Google finds on a library shelf.

2. I object to the lack of guidance in the instructions on the settlement website as to how authors should claim a book or an insert that appears several times in Google’s database.

By digitizing the holdings of many libraries, Google has inadvertently scanned a number of works several times. Sometimes the Google database treats the multiple digitizations as belonging to the same underlying work; sometimes it doesn’t. (It almost never knows when an insert has been reprinted.) Should an author claim every version of his work, so as to be sure that he protects his rights in every instance? Or should he only claim one version of each work, so as to avoid seeming to ask for settlement payments he doesn't deserve? As it stands, there is no way for an author to inform Google that it has digitized multiple copies of one work and that the author wants to make a single claim covering all such copies.

This is not merely a bureaucratic flaw. Under some of the ways that Google proposes to make money off of digitized books, different digital versions of a work would correspond to different revenue streams. If I were to get a share of the revenue only from one of several digitized versions of my work, I would be short-changed. I think this is a problem that could be easily remedied if Google were to modify its online claim form.

3. I object to the failure to share future revenue streams with the authors of inserts.

Google has offered to make one-time cash payments to authors of books and inserts for the infringements of copyright it has made by digitizing works and for the right to sell digitizations of their works to institutional subscribers. However, it also proposes to make money off of these digitizations in other ways—perhaps by placing advertisements next to search results or by selling downloads of digitized books. Google proposes to share these alternative revenues with the authors of whole books, but according to schedule C of the settlement agreement, it is not planning to share these profits with the authors of inserts. I object to this as grossly unfair. Why should the author of a novel be entitled to a class of compensation that an author of short stories is denied? In the case of an anthology, a book consists entirely of inserts, and Google would apparently be entitled to keep for itself all such revenues.

Though this seems to me a matter of simple fairness, I have classed it as a practical matter because I think it's the sort of problem whose resolution looks cumbersome to a legal mind but that would in practice be quite easy to remedy with a modification of the database procedures.

4. I object to the failure of the agreement to cover periodicals.

Again this seems to me a matter of simple fairness, but I'm classing it as a practical objection because it seems to me that the distinction between a book and a magazine is much more perspicuous to a lawyer than it is to the scanners in operation at Google. As a practical matter, the Google Books Database does not often distinguish between periodicals and books, especially with older periodicals that are no longer publishing. As researchers who use the Google Books database know to their dismay, periodicals are the database’s Achilles heel; in many cases, older volumes of a bound periodical are treated as if they were a series of books with the same title, and volume numbers and year of publication are rarely included in the metadata.

But my concern here is not as a researcher but as an author to maintain his rights. I have written much more for magazines than for books, and over a much longer period of time, and Google seems to have digitized a number of these works, sometimes for magazines that are defunct and no longer around for Google to negotiate with. I feel that I ought to be able to assert control over and be compensated for Google’s use of all these writings, and if they are excluded from the settlement, it will be an opportunity missed.

B. Moral rights

The idea of moral rights is an attempt to address the fact that works of art are not like, say, eggs or lumps of coal. The creator of a work of art cares about what happens to it, even after he's sold the right to publish it or display it or even own it, in a way that a keeper of chickens does not care about the fate of eggs, or a miner about the fate of coal. Unlike monetary rights, the moral rights in a work of art cannot be transferred. I understand that American law does not protect authors' moral rights. However, in the community of American publishing, these rights have nonetheless been to some extent respected, because a publisher who fails to respect them is considered scurrilous and loses the good will of the community of authors.

Google has introduced itself into the publishing world in a new way. Unlike other publishers, it is not in the business of signing up new authors but is exclusively in the business of repackaging works that have been published by others. It is therefore less subject to direct moral suasion by authors, and this settlement may be one of the few occasions when authors have the power to exercise their moral force with Google. I believe it would be appropriate for authors to insist that Google recognize explicitly some of authors’ moral rights.

1. I object to the failure of the settlement to allow an author to restrict display and redistribution of creative work even if he signed a "work-for-hire" contract with his original publisher.

In the case of a poem, a work of fiction, or a memoir, I believe that an author retains effective control over republication of a work, even if he originally signed a work-for-hire contract.

Again, a personal example may clarify the issues. A decade ago, a short story of mine was published in an anthology now out of print. I'm happy it's out of print, and I'd like to keep it that way, but when I searched for my name in the Google Books database, a "snippet view" of the story popped up and panicked me. I could not remember whether I had signed a work-for-hire contract for it. After subsequent research, I discovered that I had not signed a work-for-hire contract and that I do retain all legal control over the copyright. But what if I had signed one? Would I really have no control over my short story? Before the advent of Google Books, a traditional publisher might have been able to buy the legal right to reprint my story but I doubt that very many publishers would dare republish it over my objections. If any tried to, I would call foul, alerting my friends in the community of authors and asking my agent to apply pressure. Please note that I'm not claiming that I could win money for a reprinting even if I'd signed a work-for-hire contract. I'm claiming that over creative work, I retain an effective veto over republication, especially if the work has subsequently fallen out of print, no matter what kind of contract I originally signed. I believe the settlement should make some kind of provision for a veto based on moral rights, to respect an author's wish to decide which of his works he would like to be judged by in the future.

A side matter: On the settlement website as it is operational today, 28 March 2009, when an author views the details of an insert that he has claimed, the "Display Uses Authorized" button stays clicked when he saves his changes, but the "Display Uses Not Authorized" button does not. The anomaly needs to be fixed.

2. I object to the failure of the settlement to treat the creator of a "work-for-hire" as the copyright holder when the purchaser of the work-for-hire is defunct and no subsequent owner of the rights comes forward.

Publishers go out of business, and sometimes they take their rights with them. The Google Books Settlement exists to remedy exactly this problem. I believe that if a publisher doesn't sell his copyrights before expiring, the rights effectively revert to the creator, even if that creator signed a work-for-hire contract. This may be more a matter of jeopardy than of strict accounting. In other words, if a traditional publisher were to try to republish such a work without compensating the original creator, he'd be risking a lawsuit. The Google Books Settlement, however, excludes books written as works-for-hire and therefore does not make Google accountable to such creators. As a practical matter, such books will probably be treated by Google as if they were non-work-for-hire books whose rights holders had not come forward.

My personal concern here is with translation. Most of my translation work was done as work-for-hire, and in at least one case, the publisher is now extinct. Who now owns the rights to those translations? I’d argue that I have a stronger claim on them than Google does. (Of course, if it transpires that the publisher before closing shop donated the rights elsewhere, then the donee has a stronger claim than either of us.) I suggest that Google modify its claim form to allow translators and other work-for-hire creators to state the nature of their contribution in a work and that Google compensate them (though perhaps not at the same rate as full-on authors) if no other claimants come forward.

I hope these objections are useful to you in deciding a final settlement, and I appreciate your attention to them.

Respectfully submitted,

Caleb Crain

More is more

In an essay for the New York Times Book Review, Geoff Nicholson notes that he has been called "prolific" for writing twenty books in twenty-two years, and he suspects that the adjective might be seen in some quarters as a slur.

He shouldn't let it get to him. A couple of decades ago, a psychologist named Dean Keith Simonton found a correlation between quantity and quality. In The Mating Mind
(2000), Geoffrey Miller summarized Simonton's results thus:

Among competent professionals in any field, there appears to be a fairly constant probability of success in any given endeavor. Simonton's data show that excellent composers do not produce a higher proportion of excellent music than good composers—they simply produce a higher total number of works. People who achieve extreme success in any creative field are almost always extremely prolific.

If you subtract cases of early demise from tuberculosis, alcoholism, and mental illness, and handicap for poverty and/or day jobs, I bet the same would prove true of writers. Like the notion that genius is always youthful, the notion that it is always costive is myth.

It might also console Nicholson to recall that in an age when authors write blogs, only the prolific will manage to write books at all.