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, 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.

"Tells the story of how the clashes between authors, publishers, and literary "pirates" influenced both American copyright law and literature itself."--Dust jacket flap

Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.

This collection of essays from world-renowned scholar Hans Walter Gabler contains writings from a decade and a half of retirement spent exploring textual criticism, genetic criticism, and literary criticism. In these sixteen stimulating contributions, he develops theories of textual criticism and editing that are inflected by our advance into the digital era; structurally analyses arts of composition in literature and music; and traces the cultural implications discernible in book design, and in the canonisation of works of literature and their authors. Distinctive and ambitious, these essays move beyond the concerns of the community of critics and scholars. Gabler responds innovatively to the issues involved and often endeavours to re-think their urgencies by bringing together the orthodox tenets of different schools of textual criticism. He moves between a variety of topics, ranging from fresh genetic approaches to the work of James Joyce and Virginia Woolf, to significant contributions to the theorisation of scholarly editing in the digital age. Written in Gabler’s fluent style, these rich and elegant compositions are essential reading for literary and textual critics, scholarly editors, readers of James Joyce, New Modernism specialists, and all those interested in textual scholarship and digital editing under the umbrella of Digital Humanities.

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.

In 1911 Vasily Kandinsky published the first edition of ‘On the Spiritual in Art’, a landmark modernist treatise in which he sought to reframe the meaning of art and the true role of the artist. For many artists of late Imperial Russia – a culture deeply influenced by the regime’s adoption of Byzantine Orthodoxy centuries before – questions of religion and spirituality were of paramount importance. As artists and the wider art community experimented with new ideas and interpretations at the dawn of the twentieth century, their relationship with ‘the spiritual’ – broadly defined – was inextricably linked to their roles as pioneers of modernism. This diverse collection of essays introduces new and stimulating approaches to the ongoing debate as to how Russian artistic modernism engaged with questions of spirituality in the late nineteenth to mid-twentieth centuries. Ten chapters from emerging and established voices offer new perspectives on Kandinsky and other familiar names, such as Kazimir Malevich, Mikhail Larionov, and Natalia Goncharova, and introduce less well-known figures, such as the Georgian artists Ucha Japaridze and Lado Gudiashvili, and the craftswoman and art promoter Aleksandra Pogosskaia. Prefaced by a lively and informative introduction by Louise Hardiman and Nicola Kozicharow that sets these perspectives in their historical and critical context, Modernism and the Spiritual in Russian Art: New Perspectives enriches our understanding of the modernist period and breaks new ground in its re-examination of the role of religion and spirituality in the visual arts in late Imperial Russia. Of interest to historians and enthusiasts of Russian art, culture, and religion, and those of international modernism and the avant-garde, it offers innovative readings of a history only partially explored, revealing uncharted corners and challenging long-held assumptions.