New edition of classic Japanese American novel sparks copyright dispute

Penguin Random House is facing criticism over a copyright claim on an Asian American literary classic it republished in May that recounts the aftermath of the incarceration of Japanese Americans during World War II.

The controversy centers on “No-No Boy,” a novel written by John Okada. It tells the story of a Japanese American named Ichiro Yamada who refuses to fight for the United States against Japan.

A Japanese publisher printed the English-language hardcover in 1957, after “No-No Boy” was rejected by several American publishers. The book was the first to address the aftermath and effects of World War II incarceration camps.

“No-No Boy” by John OkadaPenguin Books

Shawn Wong, an English professor at the University of Washington, said he and a few friends discovered Okada’s book in a used bookstore in 1971, not long after Okada’s death. He said he filed to copyright “No-No Boy” in 1976 for Okada’s family.

After selling 6,000 copies, Wong said they transferred the rights in 1979 to the University of Washington Press. Since then, the press has sold more than 157,000 copies of the book and paid royalties to the Okada family, according to Wong.

Wong said he was outraged when he learned Penguin Random House had released “No-No Boy” last month. He took to social media to pillory the publishing company.

“They chose commerce over decency,” Wong said in a phone interview.

Penguin Random House, citing U.S. Copyright Office records, maintained in an email that “No-No Boy” is in the public domain in the U.S., that it does not enjoy copyright protection because the 1957 edition was never registered.

Yuki Hirose, associate general counsel at Penguin Random House, added that the only copyright registration on file is for a 1976 introduction to the book, which they did not reproduce in the new edition.

“We fully investigate the copyright status of any work that is going into our classics program, and we acted in good faith to pursue ‘No-No Boy’ for publication,” Hirose wrote.

Hirose said Penguin Random House will be reaching out to the Okada estate to speak with them directly. Her statement did not note whether the Okadas will receive royalties.

The University of Washington Press, the other publisher, did not respond to emailed requests for comment.

The copyright dispute comes on the heels of Asian Pacific American Heritage Month in May. Coinciding with this year’s celebration, Penguin Random House published “No-No Boy” along with three other works from Asian American authors.

The title of Okada’s book comes from the real-life “no-no boys” — Japanese American men who answered “no” to two questions on a mandatory government questionnaire. One asked if they were willing to serve in the armed forces, the other if they would swear loyalty to the U.S.

Wong said that at the time the book came out, it was Japanese America’s only novel.

“Okada wrote about something that was extremely painful that the Japanese American community itself didn’t really want to read about in 1957,” he said. “The last thing Japanese America wanted was a story about a young man who’d been in prison for avoiding the draft.”

Born in Seattle in 1923, Okada served in the Army during World War II and attended the University of Washington and Columbia University. “No-No Boy” was his only published novel. He died of a heart attack at the age of 47.

source: nbcnews.com