Pub Date : 2019-04-25DOI: 10.1093/OSO/9780198831976.003.0003
Matthew H. Birkhold
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.
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Pub Date : 2019-04-25DOI: 10.1093/OSO/9780198831976.003.0006
Matthew H. Birkhold
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.
第五章考察了同人小说作者和读者之间的相互关系，阐明了同人小说作为文本动态接受的一部分的美学后果。通过对关键文本的仔细阅读，包括弗里德里希·尼古拉(Friedrich Nicolai)等曾经很受欢迎但现在基本上被遗忘的作家的作品，本章展示了同人小说作品与其来源之间潜在的互动。一些源作者在脚注和前言中回应了不受欢迎的角色挪用。其他人则写了新的章节。还有一些人，比如弗里德里克·海伦·昂格尔(Friederike Helene Unger)，写了一整部续集来回应他们启发的同人小说。其结果是一个密集的相互关联的文本网络。本章认为，同人小说产生了一种独特的合作创作形式，与所谓的浪漫主义作家截然不同。
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Pub Date : 2019-04-25DOI: 10.1093/OSO/9780198831976.003.0008
Matthew H. Birkhold
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, ...
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Pub Date : 2019-04-25DOI: 10.1093/OSO/9780198831976.003.0002
Matthew H. Birkhold
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.
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Pub Date : 2019-04-25DOI: 10.1093/OSO/9780198831976.003.0005
Matthew H. Birkhold
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.
第四章考察了在18世纪的德国，作家、出版商和评论家是如何惩罚违反同人小说创作和传播惯例的行为的。制裁包括官方投诉、广告、负面评论、文学和人身攻击——学者们称之为公开羞辱或真实的负面八卦。本章随后探讨了这些机制的有效性及其更广泛的影响。在某些情况下，制裁促使第三方，如著名的雕刻家Chodowiecki，拒绝与犯罪作者打交道。在其他情况下，制裁激发了令人难忘的文本的创作，比如歌德的淫秽诗《维特墓前的尼古拉》(Nicolai at Werther 's Grave)。作者在前言，脚注和文本本身的批评注释是最常见的认可形式之一。这些强制机制的痕迹在我们今天读到的文本中仍然存在，尽管那些受到谴责的同人小说已经从我们的集体记忆中消失了很久。本章最后分析了作者用来保持对他们所创造的人物的独家控制权的其他策略，为图书贸易中常见的做法提供了新的解释，例如宣布小说的最后一卷和征求读者对正在进行的作品的反馈的做法。
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Pub Date : 2019-04-25DOI: 10.1093/oso/9780198831976.003.0004
Matthew H. Birkhold
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.
第三章分析了22个同人小说的例子，揭示了支配这些作品的生产和传播的不成文的习惯规范。在将习惯规范定义为正式法律的替代方案并简要说明其潜在起源之后，本章详细分析了每种规范。总的来说，在18世纪，有五条规则或习惯规范支配着同人小说的创作。它们共同构成了一种习惯的知识产权制度，包括权利、侵权规范、例外和执行机制。然后，本章研究了持有出版续集和续篇权利的出版商规则的例外情况。最后，本文以尼古拉(Nicolai)的《少年维特的欢乐》(Joys of Young Werther)和席勒(Schiller)的《盖斯特瑟尔》(Geisterseher)为例，展示了这些机制的有效性，展示了它们是如何防止严重偏离习惯规范的。
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Pub Date : 2019-04-25DOI: 10.1093/OSO/9780198831976.003.0007
Matthew H. Birkhold
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.
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