Explores the development of nineteenth-century performance copyright laws which shape how we define and value drama and music.

In the nineteenth century, copyright law expanded to include performances of theatrical and musical works. These laws transformed how people made and consumed performances. Exploring precedent-setting litigation on both sides of the Atlantic, this book traces how courts developed definitions of theater and music to suit new performance rights laws. From Gilbert and Sullivan battling to protect The Mikado to Augustin Daly petitioning to control his spectacular 'railroad scene', artists worked with courts to refine vague legal language into clear, functional theories of drama, music, and performance. Through cases that ensnared figures including Lord Byron, Laura Keene, and Dion Boucicault, this book discovers how the law theorized central aspects of performance including embodiment, affect, audience response, and the relationship between scripts and performances. This history reveals how the advent of performance rights reshaped how we value performance both as an artistic medium and as property.

This original and relevant book investigates the relationship between intellectual property and the visual arts in France from the 16th century to the French Revolution. It charts the early history of privilege legislation (today's copyright and patent) for books and inventions, and the translation of its legal terms by and for the image. Those terms are explored in their force of law and in relation to artistic discourse and creative practice in the early modern period. The consequences of commercially motivated law for art and its definitions, specifically its eventual separation from industry, are important aspects of the story. The artists who were caught up in disputes about intellectual property ranged from the officers of the Academy down to the lowest hacks of Grub Street. Lessons from this book may still apply in the 21st century; with the advent of inexpensive methods of reproduction, multiplication, and dissemination via digital channels, questions of intellectual property and the visual arts become important once more.

Two distinctly different meanings of piracy are ingeniously intertwined in Monica Cohen's lively new book, which shows how popular depictions of the pirate held sway on the page and the stage even as their creators were preoccupied with the ravages of literary appropriation. The golden age of piracy captured the nineteenth-century imagination, animating such best-selling novels as Treasure Island and inspiring theatrical hits from The Pirates of Penzance to Peter Pan. But the prevalence of unauthorized reprinting and dramatic adaptation meant that authors lost immense profits from the most lucrative markets. Infuriated, novelists and playwrights denounced such literary piracy in essays, speeches, and testimonies. Their fiction, however, tells a different story. Using landmarks in copyright history as a backdrop, Pirating Fictions argues that popular nineteenth-century pirate fiction mischievously resists the creation of intellectual property in copyright legislation and law. Drawing on classic pirate stories by such writers as Walter Scott, James Fenimore Cooper, Robert Louis Stevenson, and J. M. Barrie, this wide-ranging account demonstrates, in raucous tales and telling asides, how literary appropriation was celebrated at the very moment when the forces of possessive individualism began to enshrine the language of personal ownership in Anglo-American views of creative work.

This public domain book is an open and compatible implementation of the Uniform System of Citation.

Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. Giancarlo Frosio calls for the return of creativity to an inclusive process, so that the first (pre-modern imitative and collaborative model) and second (post-Romantic copyright model) creative paradigms can be reconciled into an emerging third paradigm which would be seen as a networked peer and user-based collaborative model.

Based on empirical research, this innovative book explores issues of performativity and authorship in the theatre world under copyright law and addresses several inter-connected questions: who is the author and first owner of a dramatic work? Who gets the credit and the licensing rights? What rights do the performers of the work have? Given the nature of theatre as a medium reliant on the re-use of prior existing works, tropes, themes and plots, what happens if an allegation of copyright infringement is made against a playwright? Furthermore, who possesses moral rights over the work? To evaluate these questions in the context of theatre, the first part of the book examines the history of the dramatic work both as text and as performative work. The second part explores the notions of authorship and joint authorship under copyright law as they apply to the actual process of creating plays, referring to legal and theatrical literature, as well as empirical research. The third part looks at the notion of copyright infringement in the context of theatre, noting that cases of alleged theatrical infringement reach the courts comparatively rarely in comparison with music cases, and assessing the reasons for this with respect to empirical research. The fourth part examines the way moral rights of attribution and integrity work in the context of theatre. The book concludes with a prescriptive comment on how law should respond to the challenges provided by the theatrical context, and how theatre should respond to law. Very original and innovative, this book proposes a ground-breaking empirical approach to study the implications of copyright law in society and makes a wonderful case for the need to consider the reciprocal influence between law and practice.