Intellectual Property and the Construction of Authorship

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Intellectual Property and the Construction of Authorship is the title of a conference of the Society for Critical Exchange at Case Western Reserve University . The accompanying proceedings were published under the title The Construction of Authorship: Textual Appropriation in Law and Literature . It was edited by Martha Woodmansee and Peter Jaszi . Much of the North American research on the author in the 1990s was based on this work, and the book still contains fundamental texts on the author's development to this day .

The conference volume gathers the lectures of the event, the editors supplemented the volume with further thematically appropriate texts from scientific journals. In theory, most of the contributions build on the work of Michel Foucault , Jacques Derrida and Roland Barthes , but go beyond these approaches. Years before the copyright discussion spanned broad areas of science and politics, the anthology provided a comprehensive picture of the American debate on copyright, and the development of modern copyright ideology.

Alfred C. Yen's essay discusses the benefits of copyright law; Historical studies of copyright are provided by Peter Lindenbaum, who examines the Paradise Lost Treaty , while John Feather examines the various stages in the genesis of English copyright law. Mark Rose investigates the process between Alexander Pope and the - unauthorized - publisher of Pope's letters to Swift. He examines how authors began to use the mechanisms of the Statute of Anne for themselves, even though it was originally installed as a publisher protection right. He concludes that the law underwent the decisive change here from protecting the book as a physical object to becoming an intangible work .

Joseph examines the position of copyright in Charles Dickens ' novel Martin Chuzzlewit , while Marvin D'Lugo writes on Spanish filmmakers and their authoring status during the Franco dictatorship . David Sanjek, in turn, explains the developments in contemporary music through CDs and copies, hip-hop and samples. Monroe E. Price and Malla Pollack conclude with their discussion of the Feist Publications v. Rural Telephone Service from 1991.

In their jointly formulated introduction, Woodmansee and Jaszi point out that the "romantic conception of the author" creates imbalances in copyright law, since it excludes entire forms of knowledge such as traditional folk knowledge, just as it does not provide any protection for certain art forms such as improvisation and action art. The copyright is still from the individual author. Numerous works were created collaboratively as early as 1992. The structure of the Internet , which was in its infancy at that time, offered many other incentives for collaborative work on a text. A legal system that focuses on the individual author could hardly do justice to this. While the authors begin with Foucault's post-structuralist author's criticism, they are not calling for a radical redesign of copyright law, but rather a more technically sophisticated application.

Remarks

  1. ^ John Logie: Review: The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law by Rosemary J. Coombe. / Standing in the Shadow of Giants: Plagiarists, Authors, Collaborators by Rebecca Moore Howard. in: Rhetoric Society Quarterly Vol. 31, No. 1 (Winter, 2001), pp. 102-105
  2. ^ Adrian Johns: Research Gudie: The History of the Book , Cambridge University, accessed May 2, 2011
  3. ^ A b c Diane Parkin-Speer: Review: The Construction of Authorship: Textual Appropriation in Law and Literature by Martha Woodmansee ; Peter Jaszi in: Law and History Review Vol. 14, No. 1 (Spring, 1996), pp. 187-189
  4. ↑ Patrick Parrinder: Reviewed work (s): The Construction of Authorship: Textual Appropriation in Law and Literature by Martha Woodmansee; Peter Jaszi in: The Modern Language Review Vol. 92, No. 1 (Jan. 1997), pp. 140-141
  5. ^ Lionel Bently: Review: Copyright and the Death of the Author in Literature and Law The Modern Law Review Vol. 57, No. 6 (Nov. 1994), p. 975
  6. ↑ Michael Spence: Reviewed work (s): The Construction of Authorship: Textual Appropriation in Law and Literature by M. Woodmansee; P. Jaszi in: The Review of English Studies New Series, Vol. 46, No. 184 (Nov. 1995), pp. 610-612
  7. ^ Lionel Bently: Review: Copyright and the Death of the Author in Literature and Law The Modern Law Review Vol. 57, No. 6 (Nov. 1994), p. 985

literature

  • The Construction of Authorship: Textual Appropriation in Law and Literature. Edited by Martha Woodmannsee and Peter Jaszi. (Post-Contemporary Interventions) Durham, NC, and London: Duke University Press. 994

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