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I find it amusing that Hotchner is attacking Scribner on the grounds that the publishing company has failed to protect the author’s work, while Scribner III had, just a few weeks before, faulted Hemingway’s grandson for this illegitimate new edition. Both men seem to believe that the original text is sacred, which means both should be on board with the current iteration of U.S. copyright law, but it’s that copyright law that is causing a lot of the trouble, I’d say. As one of Hemingway’s heirs, Sean Hemingway is a lawful owner of his grandfather’s estate. So why can’t he do with this text what he will? And, as Charles Scribner III clearly knows, the new “restored” edition is being published by the Scribner imprint of Simon & Schuster (and everyone knows that a little controversy is good for business!).

Here’s a novel idea that might solve the problem and maybe even make Hotchner, Scribner and Sean Hemingway happy (well, probably not!): what if Hemingway’s novel were allowed to enter the public domain in 2020 according to the copyright law that existed in the U.S. prior to the passage of the Copyright Term Extension Act of 1998 (aka the Sonny Bono/Mickey Mouse law)? Sean Hemingway could have simply waited a mere 11 more years and then created his own version of AMF, a derivative work based on his grandfather’s text that offered a new vision of the text without presenting itself as somehow more authentic and original than the 1964 version. Hotchner and Scribner could still claim that the original was definitive and authoritative, published as Papa intended. Sean could still present his vision of the text and make money from it (provided anyone wanted to publish it, but I suspect Scribner would jump at the chance to continue to make money off the Hemingway name). Everyone’s happy, right? I wouldn’t hold my breath. I have a feeling all three of these fine gentlemen would balk at my suggestion that copyrighted work fall back into the public domain after a mere 56 years (though I’d love to be proven wrong on that).

Finally, I also have to say that I think Hotchner’s claim in this op-ed that Hemingway’s manuscript was final to be problematic. He notes that in the months prior to his death, Ernest Hemingway was still thinking about his “Paris book” and notes that he was,

“worried that it needed a final sentence, which it did not.”

Well, Hotchner, which is it? Was Hemingway satisfied with the finished manuscript or not? Who is to say what might have happened to the text had Hemingway been alive to shepherd it through the editorial process prior to its publication. While Hotchner suggests that Hemingway’s concern over the final sentence of the book was related to his mental instability at the time, I think it is not out of the realm of possibility that Hemingway might have made more revisions to the manuscript had he lived. But he didn’t live to see this text published. And therein lies my one of my problems with both Hotchner and Scribner’s claims that the original was published in the form its author intended. I’ve got two words for you both: Maxwell Perkins. Remember him? The legendary editor at Scribner who worked extensively with Hemingway on two of his most beloved texts, The Sun Also Rises and A Farewell to Arms? Perkins’s work with Hemingway and others (Fitzgerald, Wolfe) should remind us that a text is very often the product of a creative and complicated collaborative process between writer and editor.

This comment is really rambling on, so I’ll just sum this up: writing is a collaborative endeavor, and I don’t believe it is accurate to say that any text is truly the “original” work of a lone genius author, nor should any text be declared off-limits for creative reinterpretation or rewriting (at least not forever - copyright terms should be “limited” as per our Constitution).