Characters Before Copyright最新文献

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The Stakes of Fan Fiction 同人小说的风险
Characters Before Copyright Pub Date : 2019-04-25 DOI: 10.1093/OSO/9780198831976.003.0003
Matthew H. Birkhold
{"title":"The Stakes of Fan Fiction","authors":"Matthew H. Birkhold","doi":"10.1093/OSO/9780198831976.003.0003","DOIUrl":"https://doi.org/10.1093/OSO/9780198831976.003.0003","url":null,"abstract":"Chapter 2 analyzes the legal landscape within which books were printed and sold to show that existing laws could not regulate the rapidly expanding corpus of fan fiction. It provides a detailed look at the book trade and the ways in which authors were compensated. The chapter then investigates the range of arguments made to justify and condemn fan fiction, highlighting the competing personal, artistic, economic, and public interests in the production and dissemination of these works. Identifying the stakes of the debate exposes the complexity of the relationship between readers, authors, and publishers vis-à-vis literary characters, and reveals the difficulty of devising an intellectual property scheme that could effectively balance these competing interests.","PeriodicalId":197333,"journal":{"name":"Characters Before Copyright","volume":"525 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116705708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Fan Fiction in the Eighteenth-Century Literary Landscape 十八世纪文学景观中的同人小说
Characters Before Copyright Pub Date : 2019-04-25 DOI: 10.1093/OSO/9780198831976.003.0006
Matthew H. Birkhold
{"title":"Fan Fiction in the Eighteenth-Century Literary Landscape","authors":"Matthew H. Birkhold","doi":"10.1093/OSO/9780198831976.003.0006","DOIUrl":"https://doi.org/10.1093/OSO/9780198831976.003.0006","url":null,"abstract":"Chapter 5 examines the reciprocal relationship between authors and their readers who wrote fan fiction, illuminating the aesthetic consequences of fan fiction as part of a text’s dynamic reception. Based on close readings of key texts, including works by once-popular but now largely forgotten authors including Friedrich Nicolai, this chapter demonstrates the potential for interaction between works of fan fiction and their sources. Some source authors responded in footnotes and forewords to the unwanted appropriation of a character. Others wrote new chapters. And some, like Friederike Helene Unger, wrote entire sequels in response to the fan fiction they inspired. The result is a dense network of interlinked texts. This chapter contends that fan fiction gave rise to a unique form of collaborative authorship distinct from the so-called Romantic author.","PeriodicalId":197333,"journal":{"name":"Characters Before Copyright","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129809159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Story Continues 故事还在继续
Characters Before Copyright Pub Date : 2019-04-25 DOI: 10.1093/OSO/9780198831976.003.0008
Matthew H. Birkhold
{"title":"The Story Continues","authors":"Matthew H. Birkhold","doi":"10.1093/OSO/9780198831976.003.0008","DOIUrl":"https://doi.org/10.1093/OSO/9780198831976.003.0008","url":null,"abstract":"Just as fan fiction defies narrative beginnings and endings, this book closes not with a conclusion, but with an interlude. By uncovering the widespread practice of writing fan fiction in the eighteenth century, identifying the rules governing its creation, and analyzing the competing artistic, economic, and public interests at stake, ...","PeriodicalId":197333,"journal":{"name":"Characters Before Copyright","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126679659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Book Market, the Good Reader, and the Rise of Fan Fiction 图书市场、优秀读者和同人小说的兴起
Characters Before Copyright Pub Date : 2019-04-25 DOI: 10.1093/OSO/9780198831976.003.0002
Matthew H. Birkhold
{"title":"The Book Market, the Good Reader, and the Rise of Fan Fiction","authors":"Matthew H. Birkhold","doi":"10.1093/OSO/9780198831976.003.0002","DOIUrl":"https://doi.org/10.1093/OSO/9780198831976.003.0002","url":null,"abstract":"Chapter 1 documents the rise of fan fiction in the decades after 1760, as it transformed from something radically unexpected to an accepted, if hotly debated, literary practice. This chapter argues that widespread changes in reading and writing habits, as well as the emergence of new aesthetic theories, provided a social and educational framework that primed readers to write fan fiction. The attendant writing revolution modified the book trade in ways that further spurred the creation of fan fiction. As the market became saturated with novels, publishers and booksellers looked for promising new products. Because works of fan fiction had established audiences, these texts became a safe bet for profit-hungry publishers and authors. The result was the proliferation of fan fiction.","PeriodicalId":197333,"journal":{"name":"Characters Before Copyright","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124943105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Sanctions and Strategies of Control 制裁和控制战略
Characters Before Copyright Pub Date : 2019-04-25 DOI: 10.1093/OSO/9780198831976.003.0005
Matthew H. Birkhold
{"title":"Sanctions and Strategies of Control","authors":"Matthew H. Birkhold","doi":"10.1093/OSO/9780198831976.003.0005","DOIUrl":"https://doi.org/10.1093/OSO/9780198831976.003.0005","url":null,"abstract":"Chapter 4 examines the ways in which authors, publishers, and critics punished violations of the customary norms that governed the production and dissemination of fan fiction in eighteenth-century Germany. Sanctions included official complaints, advertisements, negative reviews, and literary and personal attacks—norms that scholars refer to as public shaming or truthful negative gossip. This chapter then examines the effectiveness of these mechanisms and their wider fallout. In some instances the sanctions motivated third parties, like the famous engraver Chodowiecki, to refuse to deal with perpetrator authors. In other cases, the sanctions inspired the creation of memorable texts, like Goethe’s ribald poem, “Nicolai at Werther’s Grave.” Authors’ critical notes in prefaces, footnotes, and the texts themselves were among the most common form of sanction. Traces of these enforcement mechanisms linger in the texts we read today, long after the censured fan fiction has disappeared from our collective memory. This chapter concludes by analyzing additional strategies authors used to maintain exclusive control over the characters they invented, offering a new explanation for familiar practices in the book trade, such as the practice of announcing the final volume of a novel and soliciting reader feedback for ongoing works.","PeriodicalId":197333,"journal":{"name":"Characters Before Copyright","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126954771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Customary Norms 习惯规范
Characters Before Copyright Pub Date : 2019-04-25 DOI: 10.1093/oso/9780198831976.003.0004
Matthew H. Birkhold
{"title":"Customary Norms","authors":"Matthew H. Birkhold","doi":"10.1093/oso/9780198831976.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198831976.003.0004","url":null,"abstract":"Analyzing twenty-two examples of fan fiction, Chapter 3 uncovers the unwritten customary norms that governed the production and dissemination of these works. After defining customary norms as an alternative to formal law and briefly accounting for their potential origin, this chapter analyzes each norm in detail. In all, five rules, or customary norms, governed the production of fan fiction in the eighteenth century. Together, they amounted to a customary intellectual property regime comprising rights, trespass norms, exceptions, and enforcement mechanisms. This chapter then examines an exception to the rules for publishers who held the right to publish sequels and continuations. Finally, it focuses on Nicolai’s Joys of Young Werther and Schiller’s Geisterseher as examples of the effectiveness of these mechanisms, showing how they prevented egregious departures from the customary norms.","PeriodicalId":197333,"journal":{"name":"Characters Before Copyright","volume":"205 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121538583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Fictional Characters in the Eighteenth-Century Literary Commons 18世纪文学公地中的虚构人物
Characters Before Copyright Pub Date : 2019-04-25 DOI: 10.1093/OSO/9780198831976.003.0007
Matthew H. Birkhold
{"title":"Fictional Characters in the Eighteenth-Century Literary Commons","authors":"Matthew H. Birkhold","doi":"10.1093/OSO/9780198831976.003.0007","DOIUrl":"https://doi.org/10.1093/OSO/9780198831976.003.0007","url":null,"abstract":"The final chapter shows that fan fiction was treated as raising legal issues separate from piracy. This chapter argues that, because authors were newly vested with the legal capacity to hold rights in their literary creations, literary characters were not free to be appropriated however readers wished. Rather, literary characters constituted a distinctive form of communal property, the use of which was subject to conditions. Chapter 6 thus redefines the “literary commons” of eighteenth-century Germany, providing a new perspective on the rise of intellectual property rights. This chapter proposes a reevaluation of the concept of literary property, the history of moral rights, and the tradition of free culture.","PeriodicalId":197333,"journal":{"name":"Characters Before Copyright","volume":"83 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130854213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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