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Appropriation and Representation
Feng Menglong and the Chinese Vernacular Story
Shuhui Yang
University of Michigan Press, 1998
Feng Menglong (1574–1646) was recognized as the most knowledgeable connoisseur of popular literature of his time. He is known today for compiling three famous collections of vernacular short stories, each containing forty stories, collectively known as Sanyan.
Appropriation and Representation adapts concepts of ventriloquism and dialogism from Bakhtin and Holquist to explore Feng’s methods of selecting source materials. Shuhui Yang develops a model of development in which Feng’s approach to selecting and working with his source materials becomes clear.
More broadly, Appropriation and Representation locates Feng Menglong’s Sanyan in the cultural milieu of the late Ming, including the archaist movement in literature, literati marginality and anxieties, the subversive use of folk works, and the meiren xiangcao tradition—appropriating a female identity to express male frustration. Against this background, a rationale emerges for Feng’s choice to elevate and promote the vernacular story while stepping back form an overt authorial role.
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The Appropriation of Cultural Capital
China’s May Fourth Project
Milena Doleželová-Velingerová
Harvard University Press, 2001

For much of the twentieth century, the May Fourth movement of 1919 was seen as the foundational moment of modernity in China. Recent examinations of literary and cultural modernity in China have, however, led to a questioning of this view. By approaching May Fourth from novel perspectives, the authors of the eight studies in this volume seek to contribute to the ongoing critique of the movement.

The essays are centered on the intellectual and cultural/historical motivations and practices behind May Fourth discourse and highlight issues such as strategies of discourse formation, scholarly methodologies, rhetorical dispositions, the manipulation of historical sources, and the construction of modernity by means of the reification of China’s literary past.

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Artistic License
The Philosophical Problems of Copyright and Appropriation
Darren Hudson Hick
University of Chicago Press, 2017
The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it’s clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists’ rights, both legal and moral.

Engaging with long-standing debates about the nature of originality, authorship, and artists’ rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.
 
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Communicating Physics
The Production, Circulation, and Appropriation of Ganot's Textbooks in France and England, 1851–1887
Josep Simon
University of Pittsburgh Press, 2011
WINNER OF THE MARC-AUGUSTE PICTET PRIZE, 2010

The textbooks written by Adolphe Ganot (1804–1887) played a major role in shaping the way physics was taught in the nineteenth century. Ganot's books were translated from their original French into more than ten languages, including English, allowing their adoption as standard works in Britain and spreading their influence as far as North America, Australia, India and Japan.

Simon's Franco-British case study looks at the role of Ganot's two textbooks: Traité élémentaire de physique expérimentale et appliquée (1851) and Cours de physique purement expérimentale (1859), and their translations into English by Edmund Atkinson. The study is novel for its international comparison of nineteenth-century physics, its acknowledgement of the role of book production on the impact of the titles and for its emphasis on the role of communication in the making of science.
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The Cultural Life of Intellectual Properties
Authorship, Appropriation, and the Law
Rosemary J. Coombe
Duke University Press, 1998
Logos, trademarks, national insignia, brand names, celebrity images, design patents, and advertising texts are vibrant signs in a consumer culture governed by a regime of intellectual property laws. In The Cultural Life of Intellectual Properties, professor of law and cultural anthropologist Rosemary J. Coombe brings an illuminating ethnographic approach to an analysis of authorship and the role law plays in shaping the various meanings that animate these protected properties in the public sphere.
Although such artifacts are ubiquitous in contemporary culture, little attention has been paid to the impact of intellectual property law in everyday life or to how ownership of specific intellectual properties is determined and exercised. Drawing on a wide range of cases, disputes, and local struggles, Coombe examines these issues and dismantles the legal assumption that the meaning and value of a text or image is produced exclusively by an individual author or that authorship has a single point of origin. In the process, she examines controversies that include the service of turbanned Sikhs in the Royal Canadian Mounted Police and the use of the term Olympic in reference to the proposed gay Olympic Games. Other chapters discuss the appropriation of such celebrity images as the Marx brothers, Judy Garland, Dolly Parton, James Dean, and Luke Skywalker; the conflict over team names such as the Washington Redskins; and the opposition of indigenous peoples to stereotypical Native American insignia proffered by the entertainment industry. Ultimately, she makes a case for redefining the political in commodified cultural environments.
Significant for its insights into the political significance of current intellectual property law, this book also provides new perspectives on debates in cultural anthropology, cultural studies, and political theory. It will therefore interest both a wide scholarly and a general audience.
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Homer’s Thebes
Epic Rivalries and the Appropriation of Mythical Pasts
Elton T. E. Barker and Joel P. Christensen
Harvard University Press, 2019

Homer’s Iliad and Odyssey are the only early Greek heroic epics to have survived the transition to writing, even though extant evidence indicates that they emerged from a thriving oral culture. Among the missing are the songs of Boeotian Thebes.

Homer’s Thebes examines moments in the Iliad and Odyssey where Theban characters and thematic engagements come to the fore. Rather than sifting through these appearances to reconstruct lost poems, Elton Barker and Joel Christensen argue that the Homeric poems borrow heroes from Thebes to address key ideas—about politics, time, and genre—that set out the unique superiority of these texts in performance. By using evidence from Hesiod and fragmentary sources attributed to Theban tradition, Barker and Christensen explore Homer’s appropriation of Theban motifs of strife and distribution to promote his tale of the sack of Troy and the returns home.

As Homer’s Thebes shows, this Theban material sheds light on the exceptionality of the Homeric epics through the notions of poetic rivalry and Panhellenism. Furthermore, by emphasizing a nonhierarchical model of “reading” the epics derived from oral-formulaic poetics, this book contributes to recent debates about allusion, neoanalysis, and intertextuality.

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A Land Made from Water
Appropriation and the Evolution of Colorado's Landscape, Ditches, and Water Institutions
Robert R. Crifasi
University Press of Colorado, 2016

A Land Made from Water chronicles how the appropriation and development of water and riparian resources in Colorado changed the face of the Front Range—an area that was once a desert and is now an irrigated oasis suitable for the habitation and support of millions of people. This comprehensive history of human intervention in the Boulder Creek and Lefthand Creek valleys explores the complex interactions between environmental and historical factors to show how thoroughly the environment along the Front Range is a product of human influence.

Author Robert Crifasi examines the events that took place in nineteenth-century Boulder County, Colorado, and set the stage for much of the water development that occurred throughout Colorado and the American West over the following century. Settlers planned and constructed ditches, irrigation systems, and reservoirs; initiated the seminal court decisions establishing the appropriation doctrine; and instigated war to wrest control of the region from the local Native American population. Additionally, Crifasi places these river valleys in the context of a continent-wide historical perspective.

By examining the complex interaction of people and the environment over time, A Land Made from Water links contemporary issues facing Front Range water users to the historical evolution of the current water management system and demonstrates the critical role people have played in creating ecosystems that are often presented to the public as “natural” or “native.” It will appeal to students, scholars, professionals, and general readers interested in water history, water management, water law, environmental management, political ecology, or local natural history.

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Performance and Appropriation
Profane Rituals in Gardens and Landscapes
Michel Conan
Harvard University Press, 2007

Breaking with the idea that gardens are places of indulgence and escapism, these studies of ritualized practices reveal that gardens in Europe, Asia, the United States, and the Caribbean have in fact made significant contributions to cultural change.

This book demonstrates methods and the striking results of garden reception studies. The first section explores how cultural changes occur, and devotes chapters to public landscapes in the Netherlands, seventeenth-century Parisian gardens, Freemason gardens in Tuscany, nineteenth-century Scottish kitchen gardens, and the public parks of Edo and modern Tokyo. The second part provides striking examples of construction of self in vernacular gardens in Guadeloupe and American Japanese-style gardens in California. Finally, the third section analyzes struggles for political change in gardens of Yuan China and modern Britain.

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Who Owns Culture?
Appropriation and Authenticity in American Law
Scafidi, Susan
Rutgers University Press, 2005
It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them?

While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above?

Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania?

Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.
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