When John Okada wrote “No-No Boy” in 1957, no one cared. An obscure novel published by a Japanese press, it told the story of a Japanese-American man who chose to resist the draft and go to prison, rather than fight for a country that had forced his family and friends into concentration camps. But today, it is widely considered the first important Japanese-American novel and a classic work of American literature.
Okada owes his surprising success primarily to the efforts of Shawn Wong, an English professor at the University of Washington. When Okada unexpectedly died of a heart attack in 1971, Wong got the Okada family’s permission to republish “No-No Boy.” And it was a hit. Initially, Wong self-published the novel and sold it to members of the Japanese-American community, who were hungry for stories of their wartime experience. In 1979, Wong transferred the copyright in the novel to the University of Washington Press, which published a new edition. To date, “No-No Boy” has sold more than 157,000 copies and is a staple in Asian-American Studies classes.
Until recently, the University of Washington Press was the only publisher of “No-No Boy.” But last month, Penguin Classics published a new edition of the novel, in honor of Asian Pacific American Heritage Month. Penguin realized the novel is in the public domain, so anyone can publish it without asking permission or paying licensing fees.
Some people were upset by Penguin’s decision to publish Okada’s novel without the permission of the Okada family. Wong called it a “moral outrage.” And novelist Viet Thanh Nguyen accused Penguin of “appropriating” Okada’s book.
We disagree. Penguin didn’t “steal” or “appropriate” anything. It’s honoring Okada and confirming his place in the canon of American literature. Okada’s book is important because it powerfully expresses the experiences of Japanese-Americans at a critical moment in American history. Penguin is making it more available to more people at a lower price. We should applaud that decision, not condemn it.
Penguin’s ability to publish Okada’s book is a perfect example of why the public domain is so important and worth promoting. “No-No Boy” is in the public domain only because of an unusual accident. Essentially, Okada published his book in Japan, but not in the United States. Under the copyright law of the 1950s, that made it public domain. The happy result of Okada’s mistake is that anyone can publish his book, without asking permission.
The public domain isn’t a “quirk” or a “loophole.” It’s the reason we created copyright in the first place. The purpose of copyright is to encourage people to create works of authorship. Copyright gives authors certain exclusive rights to use the works of authorship they create for a limited period of time. But eventually, copyright ends and works enter the public domain.
The copyright in “No-No Boy” expired unusually quickly, in comparison to other works. But it nicely illustrates how copyright can impose costs, without generating benefits. Among other things, Okada wrote “No-No Boy” because he wanted to make a political point. Surely, he would be delighted by its unexpected success and large readership.
The public domain will help introduce Okada’s novel to even more people. Because “No-No Boy” is in the public domain, anyone can publish or distribute it in any way they like. That is a great thing for everyone. Not only can Penguin Books publish a new edition of Okada’s classic novel, but also others can do the same, from hobbyists to professionals. Websites like Project Gutenberg can even distribute free electronic editions. Everyone can read, live, mark, and breathe the text as they see fit.
We can and should have free PDFs of Okada’s novel on the Internet, as well as websites with the full text and commentary. We should have passages from the book presented with links to videos of the concentration camps and audiobooks by multiple readers. We should encourage a new generation of Americans to fully understand the story Okada was trying to tell us.
Penguin Books was right, legally and morally, to publish a new version of “No-No Boy.” These efforts should be applauded, not condemned. We should give Okada’s literary classic the respect it deserves as a milestone of American culture, and the public domain only helps. The real tragedy is that so many other classic works still languish under copyright protection. Ideally, the copyright term would be much shorter than it is today, and the public domain could work its magic on public access far more quickly.
Lucille E. Nguyen is a college student, a research assistant at the University of Kentucky College of Law, and a host of Ipse Dixit, a podcast on legal scholarship. Brian L. Frye is the Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law.
Suggested citation: Lucille E. Nguyen & Brian L. Frye, “No-No Boy,” Penguin is Right, JURIST – Academic Commentary, June 26, 2019, https://www.jurist.org/commentary/nguyen-frye-no-no-boy-penguin
This article was prepared for publication by Tim Zubizarreta, a JURIST Staff Editor. Please direct any questions or comments to him at commentary@jurist.org
