Originality and Intellectual Property in the French and English Enlightenment PDF Download
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Author: Reginald McGinnis
Publisher: Routledge
ISBN: 1135024618
Category : Literary Criticism
Languages : en
Pages : 293
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Book Description
Are legal concepts of intellectual property and copyright related to artistic notions of invention and originality? Do literary and legal scholars have anything to learn from each other, or should the legal debate be viewed as separate from questions of aesthetics? Bridging what are usually perceived as two distinct areas of inquiry, this interdisciplinary volume begins with a reflection on the "origins" of literary and legal questions in the Enlightenment to consider their ramifications in the post-Enlightenment and contemporary world. Tying in to the growing scholarly interest in connections between law and literature, on the one hand, and to the contemporary interrogation of "originality" and "authorship," on the other hand, the present volume furthers research in the field by providing a dense study of the legal and historical context to re-examine our current assumptions about supposed earlier Enlightenment and Romantic ideals of individual authorship and originality.
Author: Reginald McGinnis
Publisher: Routledge
ISBN: 1135024618
Category : Literary Criticism
Languages : en
Pages : 293
Get Book Here
Book Description
Are legal concepts of intellectual property and copyright related to artistic notions of invention and originality? Do literary and legal scholars have anything to learn from each other, or should the legal debate be viewed as separate from questions of aesthetics? Bridging what are usually perceived as two distinct areas of inquiry, this interdisciplinary volume begins with a reflection on the "origins" of literary and legal questions in the Enlightenment to consider their ramifications in the post-Enlightenment and contemporary world. Tying in to the growing scholarly interest in connections between law and literature, on the one hand, and to the contemporary interrogation of "originality" and "authorship," on the other hand, the present volume furthers research in the field by providing a dense study of the legal and historical context to re-examine our current assumptions about supposed earlier Enlightenment and Romantic ideals of individual authorship and originality.
Author: Andrew Benjamin Bricker
Publisher: Oxford University Press
ISBN: 0192846159
Category : History
Languages : en
Pages : 341
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Book Description
Libel and Lampoon shows how English satire and the law mutually shaped each other during the long eighteenth century. Following the lapse of prepublication licensing in 1695, the authorities quickly turned to the courts and newly repurposed libel laws in an attempt to regulate the press. In response, satirists and their booksellers devised a range of evasions. Writers increasingly capitalized on forms of verbal ambiguity, including irony, allegory, circumlocution, and indirection, while shifty printers and booksellers turned to a host of publication ruses that complicated the mechanics of both detection and prosecution. In effect, the elegant insults, comical periphrases, and booksellers' tricks that came to typify eighteenth-century satire were a way of writing and publishing born of legal necessity. Early on, these emergent satiric practices stymied the authorities and the courts. But they also led to new legislation and innovative courtroom procedures that targeted satire's most routine evasions. Especially important were a series of rulings that increased the legal liabilities of printers and booksellers and that expanded and refined doctrines for the courtroom interpretation of verbal ambiguity, irony, and allegory. By the mid-eighteenth century, satirists and their booksellers faced a range of newfound legal pressures. Rather than disappearing, however, personal and political satire began to migrate to dramatic mimicry and caricature-acoustic and visual forms that relied less on verbal ambiguity and were therefore not subject to either the provisions of preperformance dramatic licensing or the courtroom interpretive procedures that had earlier enabled the prosecution of printed satire.
Author: Reginald McGinnis
Publisher: Routledge
ISBN: 1135024626
Category : Literary Criticism
Languages : en
Pages : 250
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Book Description
Are legal concepts of intellectual property and copyright related to artistic notions of invention and originality? Do literary and legal scholars have anything to learn from each other, or should the legal debate be viewed as separate from questions of aesthetics? Bridging what are usually perceived as two distinct areas of inquiry, this interdisciplinary volume begins with a reflection on the "origins" of literary and legal questions in the Enlightenment to consider their ramifications in the post-Enlightenment and contemporary world. Tying in to the growing scholarly interest in connections between law and literature, on the one hand, and to the contemporary interrogation of "originality" and "authorship," on the other hand, the present volume furthers research in the field by providing a dense study of the legal and historical context to re-examine our current assumptions about supposed earlier Enlightenment and Romantic ideals of individual authorship and originality.
Author: Trevor Ross
Publisher: JHU Press
ISBN: 1421426323
Category : Literary Criticism
Languages : en
Pages : 312
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Book Description
What is the role of literary writing in democratic society? Building upon his previous work on the emergence of “literature,” Trevor Ross offers a history of how the public function of literature changed as a result of developing press freedoms during the period from 1760 to 1810. Writing in Public examines the laws of copyright, defamation, and seditious libel to show what happened to literary writing once certain forms of discourse came to be perceived as public and entitled to freedom from state or private control. Ross argues that—with liberty of expression becoming entrenched as a national value—the legal constraints on speech had to be reconceived, becoming less a set of prohibitions on its content than an arrangement for managing the public sphere. The public was free to speak on any subject, but its speech, jurists believed, had to follow certain ground rules, as formalized in laws aimed at limiting private ownership of culturally significant works, maintaining civility in public discourse, and safeguarding public deliberation from the coercions of propaganda. For speech to be truly free, however, there had to be an enabling exception to the rules. Since the late eighteenth century, Ross suggests, the role of this exception has been performed by the idea of literature. Literature is valued as the form of expression that, in allowing us to say anything and in any form, attests to our liberty. Yet, paradoxically, it is only by occupying no definable place within the public sphere that literature can remain as indeterminate as the public whose self-reinvention it serves.
Author: Eleanor F. Shevlin
Publisher: Routledge
ISBN: 1351888226
Category : History
Languages : en
Pages : 636
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Book Description
Influenced by Enlightenment principles and commercial transformations, the history of the book in the eighteenth century witnessed not only the final decades of the hand-press era but also developments and practices that pointed to its future: ’the foundations of modern copyright; a rapid growth in the publication, circulation, and reading of periodicals; the promotion of niche marketing; alterations to distribution networks; and the emergence of the publisher as a central figure in the book trade, to name a few.’ The pace and extent of these changes varied greatly within the different sociopolitical contexts across the western world. The volume’s twenty-four articles, many of which proffer broader theoretical implications beyond their specific focus, highlight the era’s range of developments. Complementing these articles, the introductory essay provides an overview of the eighteenth-century book and milestones in its history during this period while simultaneously identifying potential directions for new scholarship.
Author: Gary Day
Publisher: John Wiley & Sons
ISBN: 1444330209
Category : Literary Criticism
Languages : en
Pages : 1524
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Book Description
Provides a comprehensive overview of all aspects of the poetry, drama, fiction, and literary and cultural criticism produced from the Restoration of the English monarchy to the onset of the French Revolution Comprises over 340 entries arranged in A-Z format across three fully indexed and cross-referenced volumes Written by an international team of leading and emerging scholars Features an impressive scope and range of subjects: from courtship and circulating libraries, to the works of Samuel Johnson and Sarah Scott Includes coverage of both canonical and lesser-known authors, as well as entries addressing gender, sexuality, and other topics that have previously been underrepresented in traditional scholarship Represents the most comprehensive resource available on this period, and an indispensable guide to the rich diversity of British writing that ushered in the modern literary era 3 Volumes www.literatureencyclopedia.com
Author: Patricia Aufderheide
Publisher: University of Chicago Press
ISBN: 022637422X
Category : Law
Languages : en
Pages : 255
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Book Description
In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions i proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself—fair use. Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair-use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book’s original publication, this new edition addresses the expanded reach of fair use—tracking the Twitter hashtag #WTFU (where’s the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country. Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.
Author: Tessa Whitehouse
Publisher:
ISBN: 019880881X
Category : History
Languages : en
Pages : 277
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Book Description
An edited collection that studies the making of books in the long eighteenth century and advances understanding of book production and reception from a literary-historical perspective.
Author: Matthew H. Birkhold
Publisher: Oxford University Press
ISBN: 0192567934
Category : Literary Criticism
Languages : en
Pages : 459
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Book Description
How did authors control the literary fates of fictional characters before the existence of copyright? Could a second author do anything with another author's character? Situated between the decline of the privilege system and the rise of copyright, literary borrowing in eighteenth-century Germany has long been considered unregulated. This book tells a different story. Characters before Copyright documents the surprisingly widespread eighteenth-century practice of writing fan fictionliterary works written by readers who appropriate preexisting characters invented by other authorsand reconstructs the contemporaneous debate about the literary phenomenon. Like fan fiction today, these texts took the form of sequels, prequels, and spinoffs. Analyzing the evolving reading, writing, and consumer habits of late-eighteenth-century Germany, Characters before Copyright identifies the social, economic, and aesthetic changes that fostered the rapid rise of fan fiction after 1750. Based on archival work and an ethnographic approach borrowed from legal anthropology, this book then uncovers the unwritten customary norms that governed the production of these works. Characters before Copyright thus reinterprets the eighteenth-century literary commons, arguing that what may appear to have been the free circulation of characters was actually circumscribed by an exacting set of rules and conditions. These norms translated into a unique type of literature that gave rise to remarkable forms of collaborative authorship and originality. Characters before Copyright provides a new perspective on the eighteenth-century book trade and the rise of intellectual property, reevaluating the concept of literary property, the history of moral rights, and the tradition of free culture.
Author: Isabella Alexander
Publisher: Edward Elgar Publishing
ISBN: 1783472405
Category : Law
Languages : en
Pages : 495
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Book Description
There has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. Crucial to this activity has been a burgeoning focus on unpublished primary sources, enabling new and stimulating insights. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.
