Modernism and Copyright (Modernist Literature and Culture)

Copyright looms large in the digital world. As users and creators of expressive works, we all know more about copyright than we did a decade ago. But scholars of modernism have felt a special urgency in grappling with this branch of law, whose rapid expansion in recent years has prolonged or revived the rights in many modernist works. Indeed, thanks to public clashes between estates and users, 'modernism' has lately begun to seem like a byword for contested intellectual property. At the same time, today's volatile legal climate has prompted us to ask how modernism was, from its beginning, shaped by intellectual property law-and how modernists sought variously to exploit, reform, anoint, and evade copyright. We are beginning to discover, too, how copyright's transatlantic and imperial asymmetries during the modernist decades helped set the stage for its geopolitical role in the new millennium. Modernism and Copyright is the first book to take up these questions and discoveries in all their urgency. A truly multi-disciplinary study, it brings together essays by well-known scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works like these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.;ACKNOWLEDGMENTS; SERIES EDITORS' FOREWORD; PAUL K. SAINT-AMOUR; "INTRODUCTION: MODERNISM AND THE LIVES OF COPYRIGHT"; 1. Portraits of the Modernist As Copywright; ROBERT SPOO; "EZRA POUND, LEGISLATOR: PERPETUAL RIGHTS AND UNFAIR COMPETITION WITH THE DEAD"; CELIA MARSHIK; "THINKING BACK THROUGH COPYRIGHT: FREEDOM AND FAIR USE IN VIRGINIA WOOLF'S NONFICTION"; 2. Melodic Properties of the Culture System; MARK OSTEEN; "RHYTHM CHANGES: CONTRAFACTS, COPYRIGHT, AND JAZZ MODERNISM"; JOANNA DEMERS; "MELODY, THEFT, AND HIGH CULTURE"; 3. The Fall and Rise of Remix Culture; PETER DECHERNEY; "GAG ORDERS: COMEDY, CHAPLIN, AND COPYRIGHT"; W. RON GARD & ELIZABETH TOWNSEND GARD; "MARKED BY MODERNISM: RECONFIGURING THE 'TRADITIONAL CONTOURS OF COPYRIGHT LAW' FOR THE TWENTY-FIRST CENTURY"; 4. Regimes of Attribution and Publicity; CATHERINE L. FISK; "THE MODERN AUTHOR AT WORK ON MADISON AVENUE"; OLIVER GERLAND; "MODERNISM AND THE EMERGENCE OF THE RIGHT OF PUBLICITY: FROM HEDDA GABLER TO LUCY, LADY DUFF-GORDON"; 5. Biography, Privacy, and Copyright; MARK A. FOWLER; "'THE QUICK IN PURSUIT OF THE DEAD': IAN HAMILTON AND THE CLASH BETWEEN LITERARY BIOGRAPHERS AND COPYRIGHT OWNERS"; CAROL LOEB SHLOSS; "PRIVACY AND THE MISUSE OF COPYRIGHT: THE CASE OF SHLOSS V. THE ESTATE OF JAMES JOYCE"; 6. Calving the Wind; STANFORD G. GANN, JR; "BEYOND THE GRAVE: CONTINUING LIFE THROUGH GREAT WORKS"; MARY DE RACHEWILTZ; "MENS SINE AFFECTU"; 7. Modernism After Modernism; JOSEPH R. SLAUGHTER; "'IT'S GOOD TO BE PRIMITIVE': (RE)PLACING AFRICA AT THE ENDS OF MODERNISM"; ERIC HAYOT & EDWARD WESP; "SOLOMON'S BLUFF: VIRTUAL PROPERTY AND THE AESTHETICS OF MODERN WORLDMAKING"; APPENDIX: COPYRIGHT PROTECTION AND USERS' RIGHTS-FREQUENTLY ASKED QUESTIONS; BIBLIOGRAPHY; NOTES ON CONTRIBUTORS; INDEX Contents 8 Series Editors’ Foreword 12 Acknowledgments 16 Introduction: Modernism and the Lives of Copyright 20 PART ONE: PORTRAITS OF THE MODERNIST AS COPYWRIGHT 56 1. Ezra Pound, Legislator: Perpetual Copyright and Unfair Competition with the Dead 58 2. Thinking Back through Copyright: Individual Rights and Collective Life in Virginia Woolf ’s Nonfiction 84 PART TWO: MELODIC PROPERTIES OF THE CULTURE SYSTEM 106 3. Rhythm Changes: Contrafacts, Copyright, and Jazz Modernism 108 4. Melody, Theft, and High Culture 133 PART THREE: THE FALL AND RISE OF REMIX CULTURE 152 5. Gag Orders: Comedy, Chaplin, and Copyright 154 6. Marked by Modernism: Reconfiguring the “Traditional Contours of Copyright Protection” for the Twenty-first Century 174 PART FOUR: REGIMES OF ATTRIBUTION AND PUBLICITY 190 7. The Modern Author at Work on Madison Avenue 192 8. Modernism and the Emergence of the Right of Publicity: From Hedda Gabler to Lucy, Lady Duff-Gordon 214 PART FIVE: BIOGRAPHY, PRIVACY, AND COPYRIGHT 234 9. “The Quick in Pursuit of the Dead”: Ian Hamilton and the Clash between Literary Biographers and Copyright Owners 236 10. Privacy and the Misuse of Copyright: The Case of Shloss v. the Estate of James Joyce 262 PART SIX: CALVING THE WIND 280 11. Beyond the Grave: Continuing Life through Great Works 282 12. Mens Sine Affectu 284 PART SEVEN: MODERNISM AFTER MODERNISM AFTER MODERNISM 292 13. “It’s Good to Be Primitive”: African Allusion and the Modernist Fetish of Authenticity 294 14. Solomon’s Bluff: Virtual Property and the Aesthetics of Modern Worldmaking 321 Appendix: Copyright Protection and Users’ Rights: Frequently Asked Questions 344 Bibliography 358 Contributors 378 Index 382 A 382 B 383 C 384 D 386 E 387 F 388 G 388 H 389 I 390 J 390 K 391 L 391 M 392 N 394 O 394 P 395 Q 396 R 396 S 397 T 398 U 399 V 399 W 399 Y 400 How was modernism shaped, from its beginning, by intellectual property law? What role did the law's imperial and transatlantic asymmetries play in modernism's dissemination? How did various modernists exploit, reform, anoint, and evade copyright? And how is the study of modernism today being affected by expanding copyright regimes? Modernism and Copyright is the first book to take up these questions. A truly multi-disciplinary study, it brings together essays by scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin films, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works such as these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law. How was modernism shaped by copyright law? How did modernists, for their part, exploit, reform, and evade intellectual property law? In pursuit of these questions, Modernism and Copyright brings together essays by well-known scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Portraits Of The Modernist As Copywright -- Melodic Properties Of The Culture System -- The Fall And Rise Of Remix Culture -- Regimes Of Attribution And Publicity -- Biography, Privacy, And Copyright -- Calving The Wind -- Modernism After Modernism After Modernism. Edited By Paul K. Saint-amour. Includes Bibliographical References And Index. How was modernism shaped by copyright law? How did modernists, for their part, exploit, reform, and evade intellectual property law? In pursuit of these questions, this book brings together essays by well-known scholars of literature, theatre, cinema, music and law as well as by practicing lawyers and caretakers of modernist literary estates