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Without Copyrights - Piracy, Publishing, and the Public Domain (Hardcover)
Loot Price: R1,404
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Without Copyrights - Piracy, Publishing, and the Public Domain (Hardcover)
Series: Modernist Literature and Culture
Expected to ship within 12 - 17 working days
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This book tells the story of how the notoriously protectionist
American copyright law impacted transatlantic modernism by
encouraging the piracy of works published abroad. From its
inception in 1790, U.S. copyright law withheld protection from
foreign authors, creating an aggressive public domain that claimed
works just as soon as they were published abroad. When Congress
finally extended protection to foreign works, legal technicalities
caused many authors to continue to lose their copyrights. The
American public domain made vast numbers of foreign works freely
available to American publishers. In order to avert ruinous
competition for these unprotected resources, publishers evolved
"trade courtesy," whereby the first house to announce plans to
issue a foreign work acquired informal rights in the work-a kind of
makeshift copyright grounded on unwritten norms and elaborate
professional etiquette. Courtesy was a form of order without law
that safeguarded publishers' interests, punished deviants from the
code, and remunerated foreign authors for the exploitation of their
works. Drawing on previously undiscovered archives, this book
reveals the convergence of law, piracy, and courtesy in the
dissemination of transatlantic modernism in the United States. The
chief actors are James Joyce, Ezra Pound, and the New York
pirate-pornographer Samuel Roth, with their very different
attitudes toward intellectual property. Joyce's growing reputation
in America, Pound's proposals for copyright reform, Roth's
activities as purveyor of a hybrid modernism compounded of verbal
experiment and entertainment for men-these and other developments
cannot be understood apart from the contemporaneous American law
and the voracious public domain it created. The book also tells the
untold legal stories behind key events of modernism. When Roth
reprinted the uncopyrighted Ulysses without permission, Joyce
retaliated by drawing upon the punitive dimension of trade courtesy
and by filing a lawsuit seeking damages for Roth's exploitation of
his valuable name. Later, the courtesy tradition enabled Joyce to
enjoy informal protection for Ulysses after Random House published
the authorized American edition in 1934. Publishing norms, not
copyright, kept pirates from Ulysses.
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