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Article

The gradual development of national copyright laws during the 18th and 19th centuries resulted in quite different and culture-specific understandings of the nature and scope of protection provided for literary and artistic works. The lack of international standards of regulation meant that literary works could be freely reprinted, translated, and appropriated abroad. As a result of the increasing internationalization of literature, bestselling authors of the 19th century began to call for a universal copyright. Their activism proved an important catalyst of the first international copyright treaty, the Berne Convention, signed in 1886 by ten nations. The Berne Convention has since been revised many times and is currently ratified by over 170 signatories. In its current form, it grants relatively strong rights to authors who produce works that can be categorized as “originals.” It determines the minimum standards of protection which bind the national legislation of its member states, for instance by setting the minimum length of copyright protection at fifty years from the death of the author. The development of international copyright agreements since the latter half of the 20th century has resulted in a network of mutually reinforcing treaties and an increased awareness and control of copyrights on a global scale. At the same time, such treaties and the national laws they govern can offer only partial solutions to the multiple conflicts of interest relating to the uses of literary works beyond their countries of origin. The main concerns of the 19th-century authors who lobbied for universal copyright are still relevant today, albeit in somewhat different forms. With the advances of technology that allow for effortless storing and distribution of works in digital form, and given the economic gap between content-producing industrialized countries and the less-developed countries that use that content, book piracy still exists and is often a symptom of a dysfunctional or exclusive local market environment. In addition to the abolition of piracy, another core concern for the Berne Convention was the regulation of translation rights. The treaty divides the copyright in translated works between authors of originals and translators, which challenges the notion of originality as the criterion for protection since translations are by necessity derivative. The division of authors into two groups meriting different types of protection is further complicated by the rise of the so-called “born-translated literature” which effectively blurs the distinction between originals and translations. The international framework of copyright has harmonized many aspects of copyright, yet left others unregulated: appropriations, such as parody, have proven problematic in an international setting due to differences in how national laws justify the existence of derivative and transformative works. International copyright thus remains an oxymoron: it is promulgated in and through national laws, and the disputes are settled in national courts although literature, especially translated literature, has multiple countries of origin and is increasingly distributed by international booksellers to a potentially global audience.

Article

Kim Treiger-Bar-Am

Copyright gives an author control over the presentation of her work. Economic rights afford control over copies, and the noneconomic rights known as moral rights afford control over changes. An author’s moral rights remain with her even after she sells her economic rights in copyright. The excessive control that copyright offers to copyright owners may be limited by cementing these authorial rights, for all authors. Some elements of copyright law allow the meaning of a work as perceived by its audience to develop and evolve. The strengthening of that support by extending rights to the public will further restrict copyright’s excesses.

Article

John Frow

Questions of authorship bring into play many of the central questions of literary theory: questions as to what constitutes the unity and coherence of texts, the interpretive relevance of authorial intention, the relation of oral to literate cultures, the regulation of writing by church and state, the legal underpinnings of literary property, the significance of forgery and plagiarism, and so on. At the heart of many of these questions is a distinction between two different orders of phenomena. Writers are not necessarily authors: authorship requires recognition and attribution, and these depend on institutional processes of publication, textual stabilization, criticism, education, and appropriate legal, regulatory, and economic conditions. Those processes and conditions vary from culture to culture, as do the particular historical forms that authorship takes. In the contemporary world authorship tends to be cast as though it were directly expressive of a personality, an inner core of selfhood, that underwrites the coherence of the texts attributed to it; the commercialization of that form gives rise to a cult of the author in both academic and popular culture.

Article

The modern concept of authorship evolved in parallel with the legal recognition of the author as the subject of certain property rights within the marketplace for books. Such a market was initially regulated by a system of printing privileges, which was replaced by copyright laws at the juncture of the 18th and 19th centuries. The inclusion of copyright under the umbrella of property and the dominating economic discourse marked the naissance of a new figure of the author, namely, the author as supplier of intellectual labor to the benefit of society at large. In this sense, products of authorship became fully fledged commodities to be exchanged in the global marketplace. Focusing on the transition between the privilege and the copyright systems, and the prevailing economic rationale for the protection of works of authorship, leads to a more original understanding of authorship as rooted in the human need for reciprocal communication for the sake of truth. Modern authorship, being grounded in a narrow utilitarian understanding of authors’ rights, is detached from both the economic logic of the privilege system and the rational foundation of copyright.

Article

The Stationers’ Company is one of Britain’s most important cultural institutions. Founded in 1403, it oversaw the regulation of the London’s book trades for several centuries. From the mid-16th century to the end of the 17th, the Company maintained a near-national monopoly over the technology and craft of printing; during that same period, almost every important English printer and publisher belonged to it, and the vast majority of books published in England were printed and sold by its members. It played a crucial role in the development and implementation of modern Anglo-American copyright law, establishing in the 1550s a ‘Register’ for the recording of publishing rights that was still being used in the early decades of the 20th century. Six centuries on, the Company continues to retain strong ties to the printing, publishing, and allied industries. The Company was — and remains — one of the dozens of livery companies that historically regulated London’s crafts and trades. Its national powers, granted to it by the crown in 1557, were exceptional but not unique, and effectively lapsed in 1695. It had oversight of training, labor, wages, and prices, and regularly arbitrated members’ disputes; it also provided vital welfare and social functions for its members and their families. During the early modern period, it was frequently cited in state decrees and legislation that sought to regulate the publication of printed material, but it was never the active censoring body that subsequent scholarship has often claimed. Despite weakening powers from the late 17th century, the Company flourished into the Victorian era, in large part due to its distinctive publishing venture, the English Stock, whose interests it fiercely defended. In 1937 it formally incorporated newspaper makers into its ranks, becoming the Worshipful Company of Stationers and Newspaper Makers. The Company’s hall, which houses its archive, is located off Ludgate Hill in central London.

Article

Jani Scandura

The presence (or absence) of compositional precursors and leftovers raise for critics and editors methodological, epistemological, ethical, and aesthetic questions: What gets collected and preserved? What does not—for what reasons? How can these materials be interpreted? And to what ends? A draft may refer to written materials that never attain printed form as well as early manuscript compositions and fair copies, typescripts, digital text, scribbles, doodles, leftovers, or other marginalia and extraneous materials that may or may not find their way into archives. The manuscript draft came of age following the invention of printing, although unfinished or working drafts only began to be self-consciously collected with the emergence of the state archive in the late 18th century. The draft is, therefore, intimately connected to the archival, whether the archive is taken as a material site, a discursive structure, or a depository of feeling. Any interpretation of drafts must take into account the limits and limitations of matter including the bare fact of a draft’s material existence or its absence. In the 20th and 21st centuries, there have evolved a diverse network of theoretical approaches to interpreting drafts and compositional materials. Scholars of drafts may ask questions about authorship, materiality, production, technology and media, pedagogy, social norms and conventions, ownership and capital, preservation or destruction, even ethics and ontology. However, these investigations have been most pronounced within four fields: (a) media theory, histories of the book, and historical materialisms that investigate the substance, matter, and means of production of drafts as well as the technological, pedagogical, and social norms that mediate writing, and the cultural/historical specifics of these materials and media; (b) textual editing, which establishes methods that regularize (or complicate) how scholarly editions are produced and related mid-20th century New Bibliography approaches, which illuminated some of the limitations of manuscript-and-edition blind close reading, especially by the New Critics; (c) French genetic criticism in the late 20th and early 21st centuries, which engages with French post-structuralism and psychoanalysis to look at writing as a dynamic and developmental process that has both conscious and unconscious components; and (d) legal scholarship and debates concerning rights to ownership and possession of manuscripts and drafts and their publication, which developed between the 17th and 21st century. These discussions, and their elaboration within national and international legislation, resulted in the invention of copyright, moral rights, and changed understanding of legal rights to privacy and property as well as a division between material and intellectual property, the use and destruction of that property, and the delineation of rights of the dead or the dead’s descendants. The draft manuscript came to be endowed with multiple bodies, both fictive and actual, for which individuals, institutions, corporations, and even nations or the world at large, were granted partial ownership or responsibility. From the late 19th century, the catastrophic legacy of modern warfare and its technologies, including censorship, as well as movements in historical preservation, cultural heritage, and ethics have affected policies regarding ownership and the conservancy of drafts. The emergence of digital and on-line textual production/dissemination/preservation in the late 20th and 21st centuries have broadly transformed the ways that drafts may be attended to and even thought. Drafts must finally be seen to have a complex and intimate relationship to the authorial body and to embodiment, materiality, subjectivity, and writing more generally. Drafts—particularly unread, missing, or destroyed drafts—lie at the border between the dead object and living text. As such, the purposeful destruction of drafts and manuscripts initiates an ontological and ethical crisis that raises questions about the relationship between writing and being, process and product, body and thing.