They borrow from published works without attribution. They
remake literary creation in the image of consumption. They
celebrate the art of scissors and paste. Who are these outlaws?
Postmodern culture-jammers or file-sharing teens? No, they are the
Copywrights Victorian and modernist writers, among them Oscar Wilde
and James Joyce, whose work wrestled with the intellectual property
laws of their day.
In a highly readable and thought-provoking book that places
today's copyright wars in historical context, Paul K. Saint-Amour
asks: Would their art have survived the copyright laws of the new
millennium? Revisiting major works by Wilde and Joyce as well as
centos assembled by anonymous writers from existing poems,
Saint-Amour sees the period 1830 1930 as a time when imaginative
literature became aware of its own status as intellectual property
and began to register that awareness in its subjects, plots, and
formal architecture.
The authors of these self-reflexive literary texts were more
conscious than their precursors of the role played by consumption
in both the composition and the consecration of literature. The
texts in question became, in turn, part of what Saint-Amour
characterizes as a "counterdiscourse" to extensive monopoly
copyright, a vocal minority that insisted on a broadly conceived
public domain not only as indispensable to free expression and
fresh creation but as a good in itself. Recent events such as the
court battle over the Copyright Term Extension Act (CTEA), which
extends copyright terms by 20 years, the patenting of the human
genome and of genetically altered seed lines, and high-stakes
controversies over literary parody have increased public awareness
of intellectual property law.
In The Copywrights, Saint-Amour challenges the notion that
copyright's function ends with the provision of private incentives
to creation and innovation. The cases he examines lead him to argue
that copyright performs a range of political, emotional, and even
sacred functions that are too often ignored and that what seems to
have emerged as copyright's primary function the creation of
private property incentives must not be an end in itself."
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