Download American Women Authors and Literary Property, 1822-1869 by Melissa J. Homestead PDF

By Melissa J. Homestead

ISBN-10: 051134533X

ISBN-13: 9780511345333

ISBN-10: 0521853826

ISBN-13: 9780521853828

Via an exploration of ladies authors'engagements with copyright and married ladies estate legislation, American ladies authors and Literary estate, 1822-1869, revises nineteenth-century American literary background, making women's authorship and copyright legislations principal. utilizing case experiences of 5 renowned fiction writers Catharine Sedgwick, Harriet Beecher Stowe, Fanny Fern, Augusta Evans, and Mary Virginia Terhunee, abode indicates how the convergence of copyright and coverture either fostered and limited white women's corporation as authors. ladies authors exploited their prestige as nonproprietary topics to virtue via adapting themselves to a copyright legislation that privileged readers entry to literature over authors estate rights. Homesteads' inclusion of the Confederacy during this paintings sheds mild at the centrality of copyright to nineteenth-century American nationalisms and at the strikingly assorted development of author-reader relatives less than U.S. and accomplice copyright legislation.

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Example text

Similarly, they transformed Locke’s material objects removed from the state of nature and made a man’s own through physical labor (such as trees transformed into lumber to build a house) into words and ideas from the common store transformed by the author’s intellectual labors of invention, arrangement, and selection into works of literature. The Lockean influence on copyright law survived the Atlantic crossing and dominated much analysis of copyright in the nineteenth-century United States, particularly analysis supporting an expansion of legal protection for authors as proprietors.

Rep. 3, 1. P1: NPK/ICD 0521853826c01 0 521 85382 6 CUNY038B/Homestead July 28, 2005 16:15 Authors, Wives, Slaves 29 author-husband has no means to feed and clothe her family, except royalties earned from the continuing sales of her dead husband’s works. While Congress needed to specify that the widow of a male author had the right to renew her dead husband’s copyright, the surviving husband of a dead female author needed no such congressional intervention because his wife’s copyrights were, in the case of most marriages in 1831, always his in the first place.

Scribner. Well after statutory reform supposedly made the question of whether or not a married woman could own and control property separately from her husband a moot point, the Supreme Court was asked to decide whether or not Terhune’s transfer of one of her copyrights to her publisher many years before was valid without the consent of her husband. S. Congress passed the International Copyright Act in 1891 and state legislatures had passed laws allegedly making coverture obsolete, Belford v. Scribner points to the persistence of the intersection between coverture and copyright.

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