In support of Rhetoric 8550: Rhetoric, Intellectual Property, and the Internet, a Spring 2005 graduate seminar at the University of Minnesota, taught by Professor John Logie.

Friday, January 28, 2005

Copyright Questions

I’ve been working through some copyright questions on my blog in preparation for a law exam today, and I thought I’d link to them from over here since they’re pertinent to our class. One of the more interesting questions I was handed has to do with whether or not authorship is equilvalent to a brand. I’m not entirely comfortable with my answer to that one, and there’s an interesting discussion going on in the comments. (Update: more rambling on this topic here)

Other questions I endeavored to answer are:



I’d love it if you feel like weighing in on any of these. I think they’re all interesting questions, and I don’t necessarily think my answers are the right ones. My opinion on duration, for instance has changed since John asked about it on the first day of class last week; then, I said that 14 + 14 was appropriate, and now I’m wondering if life of the author wouldn’t be better. (Sorry, John! Come tell me why I’m wrong!)

Thursday, January 27, 2005

Thomas DeQuincey

I found an HTML version of the Thomas DeQuincey essay that I mentioned in the last class, so I've placed it on one of my web sites. It speaks directly to the orality and literacy divide and the difference between originality of performance and originality of publication.

The Literature of Knowledge and the Literature of Power

It's a short read, and rewarding.

Monday, January 24, 2005

Phaedrus-The Incessant Knocking

Phaedrus. I first encountered Plato’s Phaedrus by mistake. I once signed up for a course “Speech Writing and Meaning.” Speechwriting! But I failed to notice the commas, “Speech, Writing, and Meaning.” No Lincoln’s Second Inaugural, I got blindsided by Plato to Derrida and Augustine to Nietzsche.

Fast-forward to this past winter break. Phaedrus. After enough “you should read this” recommendations for Zen and the Art of Motorcycle Maintenance, a Goodwill paperback find, a 22 hour bus ride to Denver, and a 22 hour bus ride back to Minneapolis, I can say “you should read this.”

Three weeks later in this class—knock, knock—“who’s there?”—“Phaedrus”—“Who the hell are you!” So now, being in the Department of Blog, I will try to answer this incessant knocking in this blog entry.

Phaedrus is the incessant knocking not satisfied with crumbs. Knock, knock—“What is Love?” (Phaedrus). Knock, knock—“What is Quality?” (Zen and the Art of Motorcycle Maintenance). Knock, knock—“Is the way I have sought to follow Christ the proper way?” (The heading of a “reflection” I wrote one month before my religious “fallout” quite a few years ago).

I bring my reflection into this discussion deliberately. Who was the author of my reflection? I concluded the reflection, “I guess I am coming to the conclusion that humans are incapable of properly following God by their own judgement and beliefs. Therefore they must imitate the Blessed.” “Must imitate”—did my values prevent me from being an author? Did my “fallout” allow me to become an author?

I will throw one more twist in. I had extensive paper journals and reflections that after my “fallout,” I gathered up, and threw every last scrap of paper away. I couldn’t stand to look or have in existence what I had written only weeks or months before. For some reason I was fine saving a few of the files on my computer, perhaps since they did not bear my handwriting. I am not sure what to make of this. Did I throw away the journals to become an author or to destroy an author?

To tie the discussion back to Phaedrus, I am intrigued that Robert Pirsig, the author of Zen and the Art of Motorcycle Maintenance refers to his “insane” previous self as ‘Phaedrus.’ Pirsig does not speak in terms of when he was younger but rather when he was Phaedrus. The twist Pirsig throws in occurs near the end in an exchange with his son Chris:

“Where you really insane?” [Chris to his father]
Why should he ask that?
No!
Astonishment hits. But Chris’s eyes sparkle.
“I knew it,” he says.
Then he climbs on the cycle and we are off.

After constantly referring to Phaedrus as an other, the question and response to “were you really insane?” knocks down the distinction. Instead of simply being a referent, Phaedrus steps into the realm of the author. The incessant knocking does not close a door but opens one.

Thursday, January 20, 2005

film rights

Since Charlotte asked in class, I thought I’d point to some textbook case law on film rights. One of the more prominent relevant cases we covered in Copyright Law was Aalmuhammed v Lee, which involves authorship rights in Spike Lee’s Malcolm X. Jefri Aalmuhammed acted as a consultant on all things Muslim for the film, and in the course of his job made a number of suggestions that were adopted in the script. After the film was released, he sued for a co-writer credit. The court ruled that Aalmuhammed did not fit the legal definition of an author because he did not exercise any final control over any aspect of the film, but only made suggestions that Lee then acted on. In other words, an author must have agency in order to be considered an author. This is important when it comes to deciding film rights, because otherwise anyone who influenced the final film product (cinematographers, gaffers, sound guys, etc.) would be eligible for authorship. (Which might not be necessarily bad, but would certainly confuse things.)

Wednesday, January 19, 2005

concerning Greek constuctions of Authorship

Our discussion of the Encomium of Helen intrigued me, since I recently did a little work on Greek authorship in a paper I wrote on the history of copyright. I’m far from an expert in this area, and ended up relying heavily on Havelock’s Preface to Plato and The Muse Learns to Write. I wrote a post on it on my blog, and thought I'd cross-post some of it here to see what you folks think.


I agree that Gorgias most likely did see himself as a solitary author of this text, and quite possibly as an originary author. I’m not so sure that he might have felt entirely proprietary about it. Undeniably, he views this as not just any encomium, but as a Gorgias encomium. However, it seems to me that pragmatic aspects of text distribution in oral-aural cultures also come into play here. The Greek alphabet was still under development during the late Greek Dark Ages (c. 700 BC) and early Attic period (600 - 400 BC), and was accessible to only a few privileged scholars. Homer’s works (and others of the period) were written for oral recitation; indeed, oral recitation was the storyteller’s only hope for immortality. Professional castes responded to this need: Greek mnemones (memorizers) existed as late as the fifth century B.C., and the rhapsodes (rhapsodists, or professional recitors) are thought to have continued longer than that. Ong devotes special consideration in Orality and Literacy to the persistent Homeric oral tradition, noting that "the narrator of the Iliad and the Odyssey is lost in the oral communalities: he never appears as 'I'" (159). The proprietary author would have been a nearly impossible construct, since the literature of the period was dependent on oral distribution for preservation.
Havelock examines the developing written preservation of these works, noting the existence of a few copies of the Homeric texts "for school use" ("Preface to Plato," 47). These 'authorized versions' remained rare, as teachers and rhapsodists used the texts "as a reference to correct [their] memory, but taught it orally to the population at large who memorized but never read it" (48). The students, in turn, perpetuated the oral recitation of the works. Like anything repeated endlessly, the epics and poetics were adapted slightly with each retelling, thus muddying the concept of a single author.
I’m certainly not a scholar of antiquities, classics, or Attic literacies, and most of what I know on the subject comes from Havelock and Ong. I’m merely a rhetorician interested in the conceptualization of intellectual property in oral-aural and newly literate cultures. Comments and corrections are welcome.

Tuesday, January 18, 2005

Conference on "Originality, Imitation, and Plagiarism"

Originality, Imitation, and Plagiarism: A Cross-Disciplinary Conference on Writing
September 23-25, 2005

The Gayle Morris Sweetland Writing Center invites proposals for papers or panels exploring the inter-related issues of originality, imitation, and plagiarism for students, scholars, professional writers, and readers.  Papers may address such issues as theories of invention; intellectual property; plagiarism and professional ethics; imitation and replication in science writing; the history of patents, trademarks and copyright; originality/imitation and authorship; cultural differences in regard to authority and invention; the ownership of texts and free textual use; academic plagiarism policies and student honor codes; peer tutoring and writing; cultural norms and differences; internet usage and publication; and other relevant issues.  Speakers will include Anis Bawarshi, Charles Bazerman, Mario Biagioli, Nicholas Delbanco, Michael Grossberg, N. Katherine Hayles, Lawrence Lessig, Daniel Okrent, Jacqueline Jones Royster, Siva Vaidhyanathan, and Martha Woodmansee.

Applicants should submit a one-page (300-word) proposal and one-page C.V. no later than 15 March 2005.  Those submitting a panel should include a cover sheet with the name and email of the contact person, as well as the names of participants.  These materials should be sent as attachments to ConfSWC@umich.edu or by mail to Conference 2005, Sweetland Writing Center, University of Michigan, Ann Arbor, MI 48109-1003.