The Author's Due: Printing and the Prehistory of Copyright.Joseph Loewenstein. The Author's Due: Printing and the Prehistory prehistory, period of human evolution before writing was invented and records kept. The term was coined by Daniel Wilson in 1851. It is followed by protohistory, the period for which we have some records but must still rely largely on archaeological evidence to of Copyright. Chicago: The University of Chicago Press The University of Chicago Press is the largest university press in the United States. It is operated by the University of Chicago and publishes a wide variety of academic titles, including The Chicago Manual of Style, dozens of academic journals, including , 2002. x + 349 pp. + 7 b/w pls. index. $45. ISBN ISBN abbr. International Standard Book Number ISBN International Standard Book Number ISBN n abbr (= International Standard Book Number) → ISBN m : 0-226-49040-8. This is an unusually important and interesting book in terms of both its methodology and its findings. The object of this investigation is the author--or more precisely, how the modern understanding of authorial function emerged within the book culture of early modern England. Where we choose to look for something, of course, plays a significant role in what we find, and the merit of this study is that Loewenstein has chosen to trace the history of authorial agency in the history of intellectual property law. Authorship is therefore a literary matter, but it is also an economic issue, so that the author emerges as a laborer who serves as a significant agent in the transition from medieval feudalism feudalism (fy `dəlĭzəm), form of political and social organization typical of Western Europe from the dissolution of Charlemagne's empire to the rise of the absolute monarchies. to early modern capitalism. Loewenstein begins his study by noting that there were three important institutions for regulating the Elizabethan press: the royal licensing that served to keep ideologically unacceptable books out of print; entry into the register of the Stationers' Company, a guild privilege by which an individual member obtained the exclusive right to market a text; and the granting of patents, by which certain stationers were given control over entire classes of publication. From the beginning tensions arose among institutions whose powers overlapped in both theory and practice, and for sixty or seventy years the various parties involved in book production struggled to determine what economic rights a reproducible manuscript might have and who should control those rights. In 1643 Parliament passed a Licensing Act that recognized the rights of someone who appeared occasionally in earlier discussions, for this act prohibited printing any book if it was entered into the Stationers' Register for "any particular member ... without the license and consent of the Owner or Owners" (39). This is hardly a full-blown defense of authorial rights, but it does acknowledge that the economic rights of a work of literature inhere in Verb 1. inhere in - be part of; "This problem inheres in the design" attach to include - have as a part, be made up out of; "The list includes the names of many famous writers" repose, reside, rest - be inherent or innate in; a common law owner as well as a stationer sta·tion·er n. 1. One that sells stationery. 2. Archaic a. A publisher. b. A bookseller. . In other words Adv. 1. in other words - otherwise stated; "in other words, we are broke" put differently , "[a]uthor's rights will thus appear as back-formations within the development of industrial copyright" (44). In tracing the connection between authorship and literary property, Loewenstein anchors his discussion in a number of well known events, which often take on new meaning. The machinations by which Greville served as literary executor executor n. the person appointed to administer the estate of a person who has died leaving a will which nominates that person. Unless there is a valid objection, the judge will appoint the person named in the will to be executor. and Ponsonby as unofficial stationer to the Sidney circle, for example, helped clarify what it meant for Sidney to have been a poet by envisioning him as an author whose heritable rights (Scots Law) rights of the heir; rights to land or whatever may be intimately connected with land; realty. - Jacob (Law Dict.). See also: Heritable were allied with, yet distinct from, the economic rights of his publisher. In some cases, significant steps toward defining authorial rights were taken by figures now almost forgotten, like George Wither George Wither (June 11, 1588 – May 2, 1667) was an English poet and satirist. Son of George Wither, of Hampshire, he was born at Bentworth, near Alton. He was sent to Magdalen College, Oxford, at the age of fifteen, and remained at the university for two years. , whose The Schollers Purgatory purgatory (pûrg`ətôr'ē) [Lat.,=place of purging], in the teaching of the Roman Catholic Church, the state after death in which the soul destined for heaven is purified. clearly asserts a natural authorial property: "yfhis Majestie hath not a legall power to confirme unto me that which is naturally myne owne, By what right, then, doe they and others enjoy priviledges for those books wherein every man hath as good property as they[?]" (149). In other cases the text is well-known but the common interpretation of it, when placed into the history of authorial agency, is called into question: Milton's Areopagitica, for example, turns out to be a defense not of authorial, but of stationers,' copyright. This is an immensely learned, subtly argued book, one that ranges freely from the early Tudors to Pope and Swift in a narrative of multiple origins and uneven development. Methodologically The Author's Due steers an exemplary course between traditional scholarship and contemporary theory: as a "quest for Verb 1. quest for - go in search of or hunt for; "pursue a hobby" quest after, go after, pursue look for, search, seek - try to locate or discover, or try to establish the existence of; "The police are searching for clues"; "They are searching for the origins," it challenges the poststructuralist assault on sequence and causality, yet it anchors its explanation of a literary concern in the materialist approach on which much of the best of today's scholarship rests. Loewenstein does a particularly impressive job of placing his work alongside book historians like Eisenstein and Johns without losing sight of what earlier bibliographers like Greg and Pollard had achieved. The Author's Due merits a careful reading by anyone with a serious interest in early modern literary culture, both as a source of new information and as a model for how similar investigations might be conducted. CRAIG KALLENDORF Texas A & M University |
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