Journal articles on the topic 'Bern copyright convention (1886)'

Abstract This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of relevant international conventions. The law revoked Federal Law No. 40, 1992 regarding intellectual property copyright. The nature of copyright and its economic justification, the scope of its protection in the United Arab Emirates’ legal framework, the concepts of originality and creativity, and the author’s moral and economic rights are scrutinized in comparison with the provisions of related international intellectual property treaties and conventions (i.e. the TRIPS Agreement and the Berne Convention for the Protection of Literary and Artistic Works 1886, last revised in Paris, 24 July 1971).

This article discusses the Juridical Analysis of Copyright Infirigement On The Act Of Photocopying Books of Science. Copyright is a part of Intellectual Property Rights (HKI). The copyright phrase comes from a foreign term, namely Copyrights. The term Copyrights was first put forward in the Berne Comvertion (International Convention on Copyright concerning the protection of Art and Literature) which was held in 1886. According to Article 1 number (1) of Law Number 28 of 2014 concerning Copyright, it states that "Copyright is the right exclusive to the creator that arises automatically based on the declarative principle after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of the legislation.

The "World Trade Organization (WTO)" is an organization that Pakistan is a part of, the primary goal of which is to improve international trade in a long-term, sustainable way. What's more, Pakistan stands behind the “Berne Convention for the Protection of Literary and Artistic Work of 1886” in addition to the “Universal Copyright Convention of 1952” and “The agreement on Trade-Related Aspects of Intellectual Property Rights, 1995 (TRIPs)”. On 1st January 1995, Pakistan signed the “Trade-Related Intellectual Property Rights (TRIPs Agreement)” with the “World Trade Organisations (WTO)” in terms of the protection afforded to intellectual property. The study is a mixed study focused on qualitative and quantitative studies and analyzed primary and secondary sources.

The protection of moral rights embraces the now widespread personal sphere of copyright and originated much later than the economic exploitation of the work itself. Some of its components can be found in the English and German thought between the 17th and 18th centuries and, starting from the early 19th century, would have a substantial development through the contribution of both the French legal scholarship and case law. The legal foundations, in any case, date back to some codifications of the German area and to the earliest international treaties, making it a discipline that did not take into consideration the extent of the national territory. The purpose of this study is to evaluate the relevance of the European models and their influence in Italy after the national Unification, in particular in the first decades of the 1900s. In fact, the international protection of moral rights takes root in Italy during the 1928 Rome Conference for the revision of the 1886 Berne Convention. The United States joined it only later, in 1989, with the Berne Convention Implementation Act (BCIA). Thirty years later, the Copyright Office published in April 2019 an extensive study about the American protection of moral rights. The document is studied in this paper in comparison with the European Directives and with the Copyright Directive definitively approved a few days before the Copyright Office document. While in the USA the interest in moral rights up to now rather limited seems to be increasing, in Europe the protection of moral rights risks being waned as it is handed down to individual countries with the explicit declaration that it is not the subject matter of the Directives. Moral rights, origins, codification, Europe, Italy, Berne Convention, international treaties, USA, EU Directives, Canada

The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.

The article is devoted to the characteristics of the legislative provision of copyright law in the lands of Eastern Galicia, Northern Bukovyna, Bessarabia, and Transcarpathia in the interwar period of the 20th century. The thesis is substantiated that there was no single approach to copyright law regulation in these territories, just as there was no single system of legislation in the field of intellectual property because at that time these lands were in the legal field of Poland, Romania, and Czechoslovakia, and even earlier – the Austro-Hungarian and Russian empires. It was revealed that the legal regulation of copyright law protection in the interwar period was formed under the influence of European and national legal traditions. It was established that the Romanian legislation, which extended to the territory of Northern Bukovyna and Bessarabia, was based on conservative approaches, so the new law of Romania (1923) was based on the proprietary concept and gravitated to the Austro-Hungarian law-making practice of copyright law protection. The Czechoslovak copyright law (1926) was in effect in Transcarpathia, which, although the copyright laws of the Czech, Slovak, and Transcarpathian parts of the country were unified, was based on the Austrian copyright law of 1895. Whereas the situation in Eastern Galicia, which became part of Poland, was different. The Polish authorities followed the path of developing a qualitatively new, rather progressive law in the field of copyright law (1926). However, in all three cases, the legislator relied on international standards established in the Berne Convention for the Protection of Literary and Artistic Works of 1886. It was found that the positive trends in copyright law regulation were the distribution of conventional principles: the dual nature of copyright, the presumption of authorship, unity, and exclusivity of copyright law, mutual legal protection of the author's rights, and the immutability of the work. It was concluded that the legislation on copyright law in the western regions corresponded to the international protection of copyright law and a high level of legal culture. This allowed the Ukrainian community of these territories to join legal values and to form respect for the author and his intellectual work much earlier than in other Ukrainian lands.

The article deals with theoretical and practical problems of the intellectual property protection of original works of art. The specifics of copyright of works of art in national law are explored, particularly the law of Ukraine “On copyright and related rights” of 1993 and some norms of the Civil Code of Ukraine. For the purposes of the study, such international treaties and documents as Directive 2001/84/EC of 2001 on the resale right for the benefit of the author of an original work of art, some provisions of Association Agreement between the European Union and Ukraine, norms of Berne Convention for the Protection of Literary and Artistic Works of 1886 were examined and analyzed. It is found out that basic economic rights of norms of original works of art authors are the exclusive right to use a work, particularly its components such as reproduction of works, public demonstration and public display of works, distribution of originals of works and their specimens by the first sale and the exclusive right of authorizing any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them. It has been determined that the exclusive right of original works of art authors to use is mostly violated in Ukraine. The right to have access to a work of fine art is examined separately. It has been determined that the right to have access is a moral right that shouldn’t be transferred. Particular attention is paid to the resale right of the author of an original work of art. The author identifies some contradictions about the resale rights objects between the law of Ukraine “On copyright and related rights” and of the Civil Code of Ukraine. It is claimed that Ukrainian resale right legislation needs significant changes. It is claimed that Ukrainian resale right legislation needs significant changes. On the basis of analysis of scientific literature, legal acts, court’s decision author developed and substantiated some conclusions, which are new and have theoretical and practical significance.

Intellectual property refers to creations of the mind: inventions, literary and works of art, as well as symbols, names, images, and designs that are used in commerce. Intellectual property is divided into two categories industrial property, which includes inventions (patents), trademarks industrial designs, and geographic indications of source; and copyright which includes literary and works of art such as novels, poems and plays films, musical works, works of art such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programmes. 1883 marked the birth of the Paris Convention for the Protection of Industrial Property, the first major international treaty designed to help the people from one country obtain protection in other countries for their intellectual creations in the form of industrial property rights, known as: inventions (patents), trademarks, industrial designs. In 1886, copyright entered the international arena with the Berne Convention for the Protection of Literary and Artistic Works. The aim of this Convention was to help nationals of its member States obtain international protection of their right to control, and receive payment for the use of their creative works such as: novels, short stories, poems plays; songs, operas, musicals, sonatas; and drawings, paintings sculptures, architectural works. The Universal Copyright Convention (UCC) was adopted in 1952 and formalised in 1955, as a complementary agreement to the Berne Convention. The UCC membership included the United States, and many developing countries that did not wish to comply with the Berne Convention, since they viewed its provisions as overly favourable to the developed world. Patent Cooperation Treaty, signed on June 19,1970, provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed. On November 6, 1925, the Hague Agreement Concerning the International Deposit of Industrial Designs was adopted within the framework of the Paris Convention. Under the provisions of the Hague Agreement, any person entitled to effect an international deposit has the possibility of obtaining, by means of a single deposit protection for his industrial designs in a number of States with a minimum of formalities and of expense. The system of international registration of marks is governed by two treaties, the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement that was adopted in 1989. It entered into force on December 1, 1995, and came into operation on April 1, 1996. The reason for adopting the much more recent Protocol, following the original Madrid Agreement of 1891 (last amended at Stockholm in 1967), was the absence from the Madrid Union of some of the major countries in the trademark field, for example, Japan, the United Kingdom, and the United States of America. The Protocol is intended to make the Madrid system acceptable to more countries. The Rome Convention consists basically of the national treatment that a State grants under its domestic law to domestic performances, phonograms and broadcasts. Apart from the rights guaranteed by the Convention itself as constituting that minimum of protection, and subject to specific exceptions or reservations allowed for by the Convention, performers, producers of phonograms and broadcasting organisations to which the Convention applies, enjoy in Contracting States the same rights as those countries grant to their nationals. The World Intellectual Property Organization (WIPO) is an international organisation dedicated to promoting the use and protection of works of the human spirit. These works, intellectual property, are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations. In 1974, WIPO became a specialised agency of the United Nations system of organisations, with a mandate to administer intellectual property matters recognised by the member states of the UN. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialised agencies of the United Nations system of organisations. It administers 21 international treaties dealing with different aspects of intellectual property protection. The Organisation counts 177 nations as member states. One of the successes of the Uruguay Round of trade negotiations was the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement), which came into effect on 1 January 1995, and up to date it the most comprehensive multilateral agreement on intellectual property. The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they wish so. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice On January 1, 1996, an Agreement Between the World Intellectual Property Organization and the World Trade Organization entered into force. It provides for cooperation concerning the implementation of the TRIPS Agreement, such as notification of laws and regulations and legal-technical assistance and technical co-operation in favour of developing countries. In the 21st century intellectual property will play an increasingly important role at the international stage. Works of the mind - intellectual property such as inventions, designs, trademarks, books, music, and films, are now used and enjoyed on every continent on the earth. In the new millennium international protection of intellectual property rights faces many new challenges; one of the most urgent is the need for states to adapt to and benefit from rapid and wide-ranging technological change, particularly in the field of information technology and the Internet.

The object of copyright protection under the Berne Convention, namely: works of literature and art that encompasses all the results of the fields of literature, science and art in any manner or form any explication. Since the entry into force of the Berne Convention that was classified as Making Law Treaty and open to all countries that are not yet members to immediately become a member by way of ratifying and handed over the instrument of ratification to the Director General of WIPO. The participation of a country as a member of the Convention Barn, give rise to liability in the participating countries to implement national perundang¬undangan in the field of copyright. Especially in terms of law enforcement for the protection of copyrighted works. This relates to the arrangement in the Berne Convention on moral rights ( "droit moral"), author's rights to mengkluim as the creator of a work and the author's right to object to any act that intends to change, reduce or add to the authenticity of the creations that can be harm the honor and reputation of the creator.Keywords: Copyright, ratification, the Berne Convention

Abstract The meaning of song and music is different, but copyright literature does not seem to distinguish them. In the library of international law, the term commonly used to refer to a song or music is musical work. The Bern Convention states that one of the protected works is music compositions with or without words. There is no explicit description in the Bern Convention about what musical work really is. However, from the existing provisions it can be concluded that there are two types of music creation that are protected by copyright, namely music with words and music without words. Music with meaningful words is a song whose elements consist of melody, arrangement lyrics, and notation, while music without words is music that only consists of elements of melody, arrangement and notation. Keywords: copyright literature; the Bern Convention; protected works.

Intellectual Property Rights are rights relating to property arising from human intellectual abilities. This ability can be in the form of works in the fields of technology, science, art and literature. The development of technology today is very supportive of the development of a person's creative work which is increasingly diverse with high creativity. One of the media that is currently widely used is youtube. Video uploaded on social media youtube is one of the copyrighted works protected by copyright by law, namely Law Number 28 of 2014 concerning Copyright. However, in practice there are still frequent violations of video copyright works which are the property of an author. One of the violations that often occurs is the plagiarism of foreign YouTube content by Indonesian citizens. Plagiarism of other people's work of YouTube content is a copyright infringement. Copyright is an important topic for the YouTube community. Intellectual Property Rights are so important in relations between nations, they are closely related to international trade.

Social media has implications in terms of democratization of information, because whoever owns an account can be a prosumer (producer and consumer) in creating messages such as throughYouTube. In its implementation, there are many violations committed by YouTubers in creating content such as the use of songs and music as YouTube background sounds without permission by the creator or copyright holder. Songs and music are protected works as regulated in Article 40 letter d of Law Number 28 of 2014 concerning Copyright. The government protects copyright internationally through international conventions, including: TRIPs Agreement, Bern Convention, Universal Copy Rights Convention, Rome Concention and also bilateral agreements between countries and nationally through Law No. 28 of 2014 concerning Copyright, in it regulates the protection of moral rights as regulated in Article 5 and economic rights as regulated in Article 8 as exclusive rights. The government's efforts to provide legal protection for Copyright by implementing the provisions of Article 54 of Law Number 28 of 2014 concerning Copyright and implementing regulations regarding royalties, namely Government Regulation Number 56 of 2021 concerning Management of Royalties for Song and Music Copyrights.Keywords :Copyright Protection, Songs, Music.

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

This paper analyzes legal issues regarding the legal protection for folk song and music licenses in Indonesia. Indonesia which has cultural diversity is expressed through several folk songs whose creators are anonymous, so they are very susceptible to being changed, re-performed in a way that is inconsistent with the values ​​that live in society and even claimed by irresponsible foreigners. This research is a normative legal research, using a statutory approach. Based on primary and secondary legal materials, then the results of the research show that the copyright of folk songs and music is a protected object in article 40 of Law Number 28 of 2014 concerning Copyright (Copyright Law), and folk songs and music whose creators are anonymous is regulated in Article 38 and Article 39 of Copyright Law. In the Berne Convention folk songs and music whose authors are anonymous are protected in Article 15 Paragraph (4.a) which regulates the protection of unpublished works, and anonymous authors from participating countries of the Berne Convention.

In his article, the author analyzes international legal law for the protection of copyright in general and cinematographic works.The author notes that as a result of a long diplomatic conference in year 1886, was adopted the first multilateral convention – the BerneConvention for the Protection of Literary and Artistic Works, which was revised several times: in Paris (1896), Berlin (1908), Rome(1928), Brussels (1948), Stockholm (1967) and Paris (1971). Ukraine ratified this convention on October 25, 1995. According to thisconvention for the first time was provided the possibility of protection of non-property rights of the author, although no specific meansof protection were enshrined.TheAuthor attention to the fact that the Convention is based on three main principles: the principle of “national regime”, the principleof “automatic protection”, the principle of “independence of the protection”. By this Convention, cinematographic works were forthe first time classified as copyrighted works. During the conference, it was France that proposed that the protection provided by theConvention be extended to cinematographic works. An important provision was the adoption of a general rule, according to which theterm of protection of any work applies to the entire duration of the entire life of the author and fifty years after his death.The author analyzes that in general by the end of the 80’s the basics of international law were created and agreed in terms of legalregulation of creation and use of cinematographic (audiovisual) works, which became the basis for appropriate changes in copyrightlaw of European law, including Ukrainian law. The author draws attention to the concept that copyright arises at the time of creationand does not require registration.The author notes that international protection in the field of copyright and related rights is currently developing dynamically. Therapid growth of digital technology, in particular global networks, necessitates constant attention in terms of protection, enforcement andenforcement of copyright.

This paper analyzes various conditions that one spiritual creation must provide in order to be considered an author's work, according to the law of the United States of America. Apart from the peculiarities that are the result of the Anglo-Saxon concept of copyright, there are other specifics such as the special, constitutionally provided, purpose of copyright in promoting learning, preserving the public domain and protecting copyright. Based on the provisions of the Federal Copyright Act (17 U.S.C.) and examples from the case law, the author explains how the originality of a work is interpreted, how the condition that the work must embody in a materialized medium is regulated and what are the typical types of copyrighted works. In addition, the author explains the main differences when it comes to American Copyright system and how the concept of registration is viewed, after the ratification of the Bern Convention, which is one of the most common causes of the problem of protection of works whose right holders are unknown, which is extremely notable when speaking of the protection of cultural heritage of marginalized groups in American society. The paper aims to point out the similarities and differences between the copyright of the USA and the law of the continental legal system in terms of the conditions for the protection of copyright works.

The article deals with the problems associated with ensuring the legal protection of objects of copyright since the last quarter of the twentieth century and related rights in information and communication networks and, in turn, issues related to the constant maintenance of a balance between authors (right holders) and users are discussed. It is known that in 1996 the World Intellectual Property Organization adopted 2 important documents - “Internet Treaties” - to ensure the legal protection of copyright and related rights on the Internet. It was the adoption of these documents that had a serious impact on the countries of the world, making the necessary changes to their national copyright laws. At the same time, in the last 20-30 years, the rules for ensuring the copyright protection and related rights in the digital environment have taken place among other international and regional documents related to the field. It should be noted that the national copyright legislation of Uzbekistan also reflects the norms of the legal protection of works on the Internet and telecommunication networks. The article discusses these aspects and the problems of applying existing norms in practice. Theoretical and comparative analyzes were also carried out based on the norms of international conventions (“Bern Convention”, “Rome Convention”) and agreements (“WIPO Internet treaties”, TRIPS Agreement) and doctrinal sources. The article also discusses the analysis of such concepts as “the digital environment”, “digital technologies”, “multimedia”, and “cyber environment” and their essence. As a result of discussions, conclusions are drawn about the need to ensure the protection of copyright and related rights in the digital environment in Uzbekistan, legal mechanisms, issues of the practical application of the norms of “Internet contracts”, and the role of organizations managing property rights on a collective basis.

In this article, the author reveals the legal nature and essence of a cinematographic work as an object of copyright. It is noted that the current legislation of Ukraine does not have a legislative definition of a cinematographic work, but the Law of Ukraine "On Copyright and Related Rights" proposes a definition of an audiovisual work, which cannot be equated with a cinematographic work. It should be noted that many important international legal documents in the field of copyright protection operate with the concept of cinematographic works and give its definition (Bern Convention for the Protection of Literary and Artistic Works, European Convention on Joint Cinematographic Production, etc.). A number of foreign countries also have a statutory definition of cinematographic works (Canada, France, etc.). On the basis of definitions of cinematographic works existing in the doctrine of intellectual property law, their copyright characteristics and the current legislation of Ukraine, it is proposed to distinguish general and special features of cinematographic works. The former are manifested in all works, including cinematographic works, and the latter objectively reveal the essence of cinematographic works. In particular, the author proposes to include the following: 1) the cinematographic work is presented in the form of frames; 2) frames are consecutive; 3) the frames are combined with a creative idea; 4) the work is available for perception using technical means; 5) the sequence of frames forms a moving image. The relationship between these features is illustrated, where some follow from others. The structure of the cinematographic work is analyzed, where its protected and unprotected elements are distinguished. It is concluded that a cinematographic work can be classified as a complex work among the objects of copyright, and therefore, for the proper exploitation of a cinematographic work, it is necessary that its producers observe non-property and property rights to those objects of intellectual property law that were used during the creation movie.

Abstract Following its publication in 1848, The English Struwwelpeter was to become a long-lived favourite among children's books in Britain, yet for half a century it was an exclusively German production. It is proposed that The English Struwwelpeter was the first outstanding beneficiary of the first major convention on international copyright, concluded between Britain and Prussia in 1846. The identity of the gifted translator was never revealed, but evidence is presented which converges on a new proposal, Alexander Platt. Understanding the book's history has previously been hampered by the mystifying ramifications of its more than fifty editions. For the first time all editions, some issued under two or three different imprints concurrently, are characterised and dated. The 11th edition is identified as having influenced the development of Slovenly Peter in America. The early British responses to the book's copyright protection are traced, as are the responses to its eventual expiry.

Intellectual property means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations (UN). The “Convention Establishing the World Intellectual Property Organization” was signed at Stockholm in 1967 and entered into force in 1970. However, the origins of WIPO go back to 1883 and 1886, with the adoption of the Paris Convention and the Berne Convention respectively. A trademark as a form of intellectual property is any sign that individualizes the goods and services, and distinguishes them from the goods and services of competitors. Trademarks already existed in the ancient world. They started to play an important role with industrialization, and they have since become a key factor in the modern world of international trade and market-oriented economies. Industrialization and the growth of the system of the market-oriented economy allow competing manufacturers and traders to offer consumers a variety of goods in the same category. The main purpose of this research is to identify and learn modern approach to the trademark protection as well as to focus on the role of trademark as a part of intellectual property. Key words: Intellectual property, protection of trademarks, history of trademarks, registration process, international acts on trademarks Aytac Məzahir qızı Qurbanzadə Əqli mülkiyyətin forması kimi əmtəə nişanlarının mühafizəsinin əhəmiyyəti Xülasə Əqli mülkiyyət dedikdə sənaye, elmi, ədəbi və incəsənət sahələrində zehni fəaliyyətin nəticəsi olan hüquqlar başa düşülür. Ümumdünya Əqli Mülkiyyət Təşkilatı (ÜƏMT) Birləşmiş Millətlər Təşkilatının (BMT) ixtisaslaşmış agentliklərindən biridir. “Ümumdünya Əqli Mülkiyyət Təşkilatının yaradılması barədə Konvensiya” 1967-ci ildə Stokholmda imzalanmış və 1970-ci ildə qüvvəyə minmişdir. Ancaq Ümumdünya Əqli Mülkiyyət Təşkilatının (ÜƏMT) yaranması müvafiq olaraq 1883 və 1886-cı illərdə qəbul olunmuş Paris və Bern Konvensiyaları ilə əlaqəlidir. Əmtəə nişanı əqli mülkiyyətin bir forması kimi əmtəə və xidmətləri fərdiləşdirən və onları rəqiblərin əmtəə və xidmətlərindən fərqləndirən hər hansı işarədir. Əmtəə nişanları qədim dövrlərdən mövcud olmuşdur. Onlar sənayeləşmə dövründə vacib rol oynamağa başlamış və həmin vaxtdan beynəlxalq ticarət və bazar yönümlü iqtisadiyyatların müasir dünyasında əsas amilə çevrilmişdir. Sənayeləşmə və bazar yönümlü iqtisadiyyatlar sisteminin inkişafı eyni kateqoriyadan olan müxtəlif əmtəələrin rəqabət aparan istehsalçı və ticarətçilər tərəfindən təklif edilməsinə şərait yaratmışdır. Bu araşdırmanın əsas məqsədi əmtəə nişanlarının mühafizəsinə müasir yanaşmanı aydınlaşdırmaq və öyrənmək, həmçinin əqli mülkiyyətin bir forması kimi əmtəə nişanlarının roluna nəzər yetirməkdir. Açar sözlər: Əqli mülkiyyət, əmtəə nişanlarının mühafizəsi, əmtəə nişanlarının tarixi, qeydiyyat prosesi, əmtəə nişanlarına dair beynəlxalq aktlar

Intellectual property means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations (UN). The “Convention Establishing the World Intellectual Property Organization” was signed at Stockholm in 1967 and entered into force in 1970. However, the origins of WIPO go back to 1883 and 1886, with the adoption of the Paris Convention and the Berne Convention respectively. A trademark as a form of intellectual property is any sign that individualizes the goods and services, and distinguishes them from the goods and services of competitors. Trademarks already existed in the ancient world. They started to play an important role with industrialization, and they have since become a key factor in the modern world of international trade and market-oriented economies. Industrialization and the growth of the system of the market-oriented economy allow competing manufacturers and traders to offer consumers a variety of goods in the same category. The main purpose of this research is to identify and learn modern approach to the trademark rights, international sources of trademark protection as well as to focus on the role of trademark as a part of intellectual property. Key words: intellectual property, protection of trademarks, history of trademarks, trademark rights, international acts on trademarks Aytac Məzahir qızı Qurbanzadə Beynəlxalq mənbələr və əmtəə nişani hüquqlari Xülasə Əqli mülkiyyət dedikdə sənaye, elmi, ədəbi və incəsənət sahələrində zehni fəaliyyətin nəticəsi olan hüquqlar başa düşülür. Ümumdünya Əqli Mülkiyyət Təşkilatı (ÜƏMT) Birləşmiş Millətlər Təşkilatının (BMT) ixtisaslaşmış agentliklərindən biridir. “Ümumdünya Əqli Mülkiyyət Təşkilatının yaradılması barədə Konvensiya” 1967-ci ildə Stokholmda imzalanmış və 1970-ci ildə qüvvəyə minmişdir. Ancaq Ümumdünya Əqli Mülkiyyət Təşkilatının (ÜƏMT) yaranması müvafiq olaraq 1883 və 1886-cı illərdə qəbul olunmuş Paris və Bern Konvensiyaları ilə əlaqəlidir. Əmtəə nişanı əqli mülkiyyətin bir forması kimi əmtəə və xidmətləri fərdiləşdirən və onları rəqiblərin əmtəə və xidmətlərindən fərqləndirən hər hansı işarədir. Əmtəə nişanları qədim dövrlərdən mövcud olmuşdur. Onlar sənayeləşmə dövründə vacib rol oynamağa başlamış və həmin vaxtdan beynəlxalq ticarət və bazar yönümlü iqtisadiyyatların müasir dünyasında əsas amilə çevrilmişdir. Sənayeləşmə və bazar yönümlü iqtisadiyyatlar sisteminin inkişafı eyni kateqoriyadan olan müxtəlif əmtəələrin rəqabət aparan istehsalçı və ticarətçilər tərəfindən təklif edilməsinə şərait yaratmışdır. Bu araşdırmanın əsas məqsədi əmtəə nişanı hüquqlarına müasir yanaşmanı aydınlaşdırmaq və öyrənmək, əmtəə naslarının hüquqi mühafizəsinin beynəlxalq mənbələri, həmçinin əqli mülkiyyətin bir forması kimi əmtəə nişanlarının roluna nəzər yetirməkdir. Açar sözlər: əqli mülkiyyət, əmtəə nişanlarının mühafizəsi, əmtəə nişanlarının tarixi, əmtəə nişanı hüquqları, əmtəə nişanlarına dair beynəlxalq aktlar

Oscar Wilde was both an aficionado and a practitioner of literary crime. Most notoriously, his 1886 notes for a lecture on Thomas Chatterton are largely plagiarized from two biographies about the poet. Wilde's plagiarism and self-plagiarism have formerly been understood as coded expressions of nonliterary transgressions, as roundabout forms of self-promotion, and as the result of the time pressures of a professional writer. In this essay I propose that we understand Wilde's fascination with and commission of literary crime not only in light of his professed socialism but also through his well-known preference for talk over writing. By appropriating, recirculating, and donating language within literary circles, Wilde set up within a private print culture the lineaments of primary orality that he had encountered through his parents' ethnographic studies of the nonliterate rural Irish. In promulgating these oral dynamics of circulation, Wilde helped construct primary orality as the irrecuperable other of literate culture. But he also participated in a growing counterdiscourse to private literary-property law, particularly the conventions of individual and serial ownership proper to copyright, that were becoming consolidated in late-Victorian England. While the Chatterton lecture notes work partly to consecrate literary crime as a creative act, Wilde's story "The Portrait of Mr. W. H." (1889) warns that when ideas circulate like private property, they lose the power to unite their holders in a shared belief.

Background. Intellectual property rights are present in our everyday lives to a huge extent. Law of intellectual property is generally governed by national law, with general principles set out in international treaties. Copyrights strictly protect only the expression of ideas, not the underlying ideas, procedures, methods of operation, or mathematical concepts themselves. Berne Convention was first signed in 1886 and to this day is one of the most important international treaties concerning copyrights and moral rights.Objective. This paper aims to shortly explain the basic rights and privileges provided to the authors by the Berne Convention in its present version, i.e. Paris Act of July 24, 1971, amended on September 28, 1979.Results. Berne Convention provides a „conventional minimum”, meaning that all members must provide at least the rights granted by the Berne Convention to the authors. However, each member can grant more rights to the authors. In article 7 Berne Convention regulates the term of protection of copyrights, which is the life of the author and fifty years after her death. Moral rights, provided in Article 6bis, were added in 1928 and grant the author a right to claim authorship of the work and the right of respect. Article 10 of the Berne Convention provides “certain free uses of works”.Conclusions. The freedoms granted include possibilities of making quotations and of using the work of someone else to illustrate for teaching purposes. However, in both cases, an indication of the source of the work is required.

Databases under the Berne Convention 1886, the TRIPS Agreement 1994 and the WIPO Copyright Treaty 1996 are copyrighted as “compilations”. The EU has initiated the establishment of sui generis database right of Intellectual Property protection. Meanwhile, the United States refuses to apply the same system. This article addresses the question: What lessons for Vietnam to build an appropriate mechanism for such valuable assets of the digital era as databases?

Abstract Originality is crucial for the advancement of humanity, creativity and the development of knowledge and literature. No effective understanding of copyright law in any country would be complete without understanding the standard of ‘originality’ required to provide copyright protection. It is the only requirement that must be satisfied for any work to be protected in the copyright laws of the Arab Gulf States that adopt the droit d’auteur, or author’s rights system, and are mainly influenced by civil law. This article explains the different meanings of ‘originality’ and considers this important requirement in international intellectual property and copyright treaties and conventions, mainly the Berne Convention 1886, the Arab Copyright Treaty 1981, the TRIPS Agreement 1995, and the WCT 1996. It also discusses the ‘originality’ requirement in civil law and author’s rights jurisdictions in France and Germany. It provides an overview of the ‘creativity’ (originality) requirement in the copyright laws of Arab Gulf States and analyses the eight principles of ‘creativity’ in those countries. Finally, the article provides various suggestions and recommendations for legislators and policymakers in the Arab Gulf States to harmonise and reform their copyright legislations and the ‘originality’ requirement.

The article is devoted to the study of legal problems and features of copyright protection as an institution of intellectual property in international private law. The work briefly describes the history of the formation of the protection of intellectual property rights in international private law. It is found out that it begins in the 19th century. The process of the emergence of the World Intellectual Property Organization, which plays a key role in coordinating the adoption of measures for international cooperation in the field of copyright protection, has been outlined. The article analyzes the positions of the Berne Convention for the Protection of Literary and Artistic Works of 1886 regarding the objects of protected copyright and the Berlin Conference of 1908, during which new provisions were established, such as the term of copyright protection, clear definitions of the concepts of literary and artistic works, etc. The results of the 1967 Stockholm Conference were investigated, in particular about the recognition of the “author’s right to reproduce”, the principle of protecting the personal rights of the author, etc. The difference between the Berne and Geneva conventions is clarified. It is stated that there are two forms of copyright protection: jurisdictional and non-jurisdictional. Within the framework of the jurisdictional form, the essence of the general and special protection procedures is determined. The key rules for resolving conflict issues of regulation of the institution of copyright have been determined. Among them are the rules for recognizing decisions of foreign courts, provisions on the application of law to contractual obligations, etc. The types of copyright infringements on the Internet have been highlighted. Measures to combat copyright infringement on the Internet at the legislative level are considered using the example of France and the United States. The methods of copyright protection on the Internet identified by scientists have been analyzed: limited functionality, the establishment of a kind of «timer”, the use of services of clearing centers, the use of cryptographic envelopes, the use of digital stamps. It is proposed to create an international regulatory framework that would regulate the protection of copyright on the Internet, as well as contain mechanisms for both preventive protection of copyright and protection after the infringement, and their legal regulation.

Historically the impact of the printing press on Western culture is a truism. Print gave rise to the mass reproduction and circulation of information with wide reaching consequences in all fields: political, social, and economic. An aspect that this paper wishes to focus on is that this moment also saw the birth (and necessity) of copyright legislation, to administer and protect this new found ability to package and disseminate text. The term copyright itself, used freely in debates surrounding contemporary topics such as iTunes, DVD piracy, and file-sharing, is not only semantically anachronistic but, as will be shown, is an anachronistic problem. The history that it carries, through almost three hundred years, underscores the difficulties at the heart of copyright in the contemporary scene. Indeed the reliance on copyright in these debates creates an argument based on circular definitions relating to only the statutory conception of cultural rights. No avenue is really left to imagine a space outside its jurisdiction. This paper asserts that notions of the “culture industry” (as opposed to some other conception of culture) are also inherently connected to the some three hundred years of copyright legislation. Our conceptions of the author and of intellectual pursuits as property can also be traced within this relatively small period. As clarified by Lord Chief Baron Pollock in the English courts in 1854, “copyright is altogether an artificial right” that does not apply at common law and relies wholly on statute (Jeffreys v Boosey). Foucault (124-42) highlights, in his attack on Romantic notions of the author-genius-God, that the author-function is expressed primarily as a legal term, through the legal concepts of censorship and copyright. Copyright, then, pays little attention to non-economic interests of the author and is used primarily to further economic interests. The corporate nature of the culture industry at present amounts to the successful application of copyright legislation in the past. This paper suggests that we look at our conception of literary and artistic work as separate from copyright’s own definitions of intellectual property and the commercialisation of culture. From Hogarth to File-Sharing The case of ‘DVD Jon’ is instructive. In 1999, Jon Lech Johansen, a Norwegian programmer, drew the ire of Hollywood by breaking the encryption code for DVDs (in a program called DeCSS). More recently, he has devised a program to circumvent the anti-piracy system for Apple’s iTunes music download service. With this program, called PyMusique, users still have to pay for the songs, but once these are paid for, users can use the songs on all operating systems and with no limits on copying, transfers or burning. Johansen, who publishes his wares on his blog entitled So Sue Me, was in fact sued in 1999 by the Motion Picture Association of America (MPAA) for copyright infringement. He argued that he created DeCSS as part of developing a DVD player for his Linux operating system, and that copying DVD movies was an ancillary function of the program for which he could not be held responsible. He was acquitted by an Oslo district court in early 2003 and again by an appeals court later that year. During this time many people on the internet found novel ways to publish the DeCSS code so as to avoid prosecution, including many different code encryptions incorporated into jpeg images (including the trademarked DVD logo, owned by DVD LLC) and mpeg movies, as an online MUD game scenario, and even produced in the form of a haiku (“42 Ways to Distribute DeCSS”). The ability to publish the code in a format not readily prosecutable owes less to encryption and clandestine messages than it does to anachronistic laws regarding the wholly legal right to original formats. Prior to 1709, copyright or licensing related to the book publishing industry where the work as formatted, pressed and disseminated was more important to protect than the text itself or the concept of the author as the writer of the text. Even today different copyrights may be held over the different formatting of the same text. The ability for hackers to attack the copyright legislation through its inherent anachronism is more than smart lawyering or a neat joke. These attacks, based on file sharing and the morphing fluid forms of information (rather than contained text, printed, broadcast, or expressed through form in general), amount to a real breach in copyright’s capability to administer and protect information. That the corporations are so excited and scared of these new technologies of dissemination should come as no surprise. It should also not be seen, as some commentators wish to, as a completely new approach to the dissemination of culture. If copyright was originally intended to protect the rights of the publisher, the passing of the Act of Anne in 1709 introduced two new concepts – an author being the owner of copyright, and the principle of a fixed term of protection for published works. In 1734, William Hogarth, wanting to ensure profits would flow from his widely disseminated prints (which attracted many pirate copies), fought to have these protections extended to visual works. What is notable about all this is that in 1734 the concept of copyright both in literary and artistic works applied only to published or reproduced works. It would be over one hundred years later, in the Romantic period, that a broader protection to all artworks would be available (for example, paintings, sculpture, etc). Born primarily out of guild systems, the socio-political aspect of protection, although with a passing nod to the author, was primarily a commercial concern. These days the statute has muddied its primary purpose; commercial interest is conflated and confused with the moral rights of the author (which, it might be added, although first asserted in the International Berne Convention of 1886 were only ratified in Australia in December 2000). For instance, in a case such as Sony Entertainment (Australia) Ltd v Smith (2005), both parties in fact want the protection of copyright. On one day the DJ in question (Pee Wee Ferris) might be advertising himself through his DJ name as an appropriative, sampling artist-author, while at the same time, we might assume, wishing to protect his own rights as a recording artist. Alternatively, the authors of the various DeCSS code works want both the free flow of information which then results in a possible free flow of media content. Naturally, this does not sit well with the current lords of copyright: the corporations. The new open-source author works contrary to all copyright. Freed Slaves The model of the open source author is not without precedent. Historically, prior to copyright and the culture industry, this approach to authorship was the norm. The Roman poet Martial, known for his wit and gifts of poetry, wrote I commend to you, Quintianus, my little books – if I can call them mine when your poet recites them: if they complain of their harsh servitude, you should come forward as their champion and give your guarantees; and when he calls himself their master you should say they are mine and have been granted their freedom. If you shout this out three or four times, you will make their kidnapper (plagiario) feel ashamed of himself. Here of course the cultural producer is a landed aristocrat (a situation common to early Western poets such as Chaucer, Spencer and More). The poem, or work, exists in the economy of the gift. The author-function here is also not the same as in modern times but was based on the advantages of reputation and celebrity within the Roman court. Similarly other texts such as stories, songs and music were circulated, prior to print, in a primarily oral economy. Later, with the rise of the professional guild system in late medieval times, the patronage system did indeed pay artists, sometimes royal sums. However, this bursary was not so much for the work than for upkeep as members of the household holding a particular skill. The commercial aspect of the author as owner only became fully realised with the rise of the middle classes in the eighteenth and nineteenth century and led to the global adoption of the copyright regime as the culture industry’s sanction. Added to this, the author is now overwhelmingly a corporation, not an individual, which has expanded the utilisation of these statutes for commercial advantage to, perhaps, an unforeseen degree. To understand the file-sharing period, which we are now entering at full speed, we cannot be confused by notions found in the copyright acts; definitions based on copyright cannot adequately express a culture without commercial concerns. Perhaps the discussion needs to return to concepts that predate copyright, before the author-function (as suggested by Foucault) and before the notion of intellectual property. That we have returned to a gift economy for cultural products is easily understood in the context of file-sharing. But what of the author? Here the figure of the hacker suggests a movement towards such an archaic model where the author’s remuneration comes in the form of celebrity, or a reputation as an exciting innovator. Another model, which is perhaps more likely, is an understanding that certain material disseminated will be sold and administered under copyright for profit and that the excess will be quickly and efficiently disseminated with no profit and with no overall duration of protection. Such an amalgamated approach is exemplified by Radiohead’s Kid A album, which, although available for free downloads, was still profitable because the (anachronistic) printed version, with its cover and artwork, still sold by the millions. Perhaps cultural works, the slaves of the author-corporation, should be granted their freedom: freedom from servitude to a commercial master, freedom to be re-told rather than re-sold, with due attribution to the author the only payment. This is a Utopian idea perhaps, but no less a fantasy than the idea that the laws of copyright, born of the printing press, can evolve to match the economy today that they purport to control. When thinking about ownership and authorship today, it must be recalled that copyright itself has a history of useful fictions. References Michel Foucault; “What Is an Author?” Twentieth-Century Literary Theory. Eds. Vassilis Lambropoulos and David Neal Miller. Albany: State UP of New York, 1987. 124-42. “42 Ways to Distribute DeCSS.” 5 Jun. 2005 http://decss.zoy.org/>. Jeffreys v Boosey, 1854. Johansen, Jon Lech. So Sue Me. 5 Jun. 2005 http://www.nanocrew.net/blog/>. Citation reference for this article MLA Style Phillips, Dougal, and Oliver Watts. "Copyright, Print and Authorship in the Culture Industry." M/C Journal 8.2 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0506/06-phillipswatts.php>. APA Style Phillips, D., and O. Watts. (Jun. 2005) "Copyright, Print and Authorship in the Culture Industry," M/C Journal, 8(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0506/06-phillipswatts.php>.

As the distinction between disclosure-fuelled celebrity and lasting fame becomes difficult to discern, the “based on a true story” label has gained a particular traction among readers and viewers. This is despite much public approbation and private angst sometimes resulting from such disclosure as “little in the law or in society protects people from the consequences of others’ revelations about them” (Smith 537). Even fiction writers can stray into difficult ethical and artistic territory when they disclose the private facts of real lives—that is, recognisably biographical information—in their work, with autoethnographic fiction where authors base their fiction on their own lives (Davis and Ellis) not immune as this often discloses others’ stories (Ellis) as well. F. Scott Fitzgerald famously counselled writers to take their subjects from life and, moreover, to look to the singular, specific life, although this then had to be abstracted: “Begin with an individual, and before you know it, you find that you have created a type; begin with a type, and you find that you have created—nothing” (139). One of the problems when assessing fiction through this lens, however, is that, although many writers are inspired in their work by an actual life, event or historical period, the resulting work is usually ultimately guided by literary concerns—what writers often term the quest for aesthetic truth—rather than historical accuracy (Owen et al. 2008). In contrast, a biography is, and continues to be, by definition, an accurate account of a real persons’ life. Despite postmodern assertions regarding the relativity of truth and decades of investigation into the incorporation of fiction into biography, other non-fiction texts and research narratives (see, for instance: Wyatt), many biographers attest to still feeling irrevocably tied to the factual evidence in a way that novelists and the scriptors of biographically-based fictional television drama, movies and theatrical pieces do not (Wolpert; Murphy; Inglis). To cite a recent example, Louis Nowra’s Ice takes the life of nineteenth-century self-made entrepreneur and politician Malcolm McEacharn as its base, but never aspires to be classified as creative nonfiction, history or biography. The history in a historical novel is thus often, and legitimately, skewed or sidelined in order to achieve the most satisfying work of art, although some have argued that fiction may uniquely represent the real, as it is able to “play […] in the gap between the narratives of history and the actualities of the past” (Nelson n.p.). Fiction and non-fictional forms are, moreover, increasingly intermingling and intertwining in content and intent. The ugly word “faction” was an attempt to suggest that the two could simply be elided but, acknowledging wide-ranging debates about whether literature can represent the complexities of life with any accuracy and post-structuralist assertions that the idea of any absolute truth is outmoded, contemporary authors play with, and across, these boundaries, creating hybrid texts that consciously slide between invention and disclosure, but which publishers, critics and readers continue to define firmly as either fiction or biography. This dancing between forms is not particularly new. A striking example was Marion Halligan’s 2001 novel The Fog Garden which opens with a personal essay about the then recent death of her own much-loved husband. This had been previously published as an autobiographical memoir, “Cathedral of Love,” and again in an essay collection as “Lapping.” The protagonist of the novel is a recently widowed writer named Clare, but the inclusion of Halligan’s essay, together with the book’s marketing campaign which made much of the author’s own sadness, encourages readers to read the novel as a disclosure of the author’s own personal experience. This is despite Halligan’s attempt to keep the two separate: “Clare isn’t me. She’s like me. Some of her experience, terrors, have been mine. Some haven’t” (Fog Garden 9). In such acts of disclosure and denial, fiction and non-fiction can interrogate, test and even create each other, however quite vicious criticism can result when readers feel the boundaries demarking the two are breached. This is most common when authors admit to some dishonesty in terms of self-disclosure as can be seen, for instance, in the furore surrounding highly inflated and even wholly fabricated memoirs such as James Frey’s A Million Little Pieces, Margaret B. Jones’s Love and Consequences and Misha Defonseca’s A Mémoire of the Holocaust Years. Related problems and anxieties arise when authors move beyond incorporating and disclosing the facts of their own lives in memoir or (autobiographical) fiction, to using the lives of others in this way. Daphne Patai sums up the difference: “A person telling her life story is, in a sense, offering up her self for her own and her listener’s scrutiny […] Whether we should appropriate another’s life in this way becomes a legitimate question” (24–5). While this is difficult but seemingly manageable for non-fiction writers because of their foundational reliance on evidence, this anxiety escalates for fiction writers. This seems particularly extreme in relation to how audience expectations and prior knowledge of actual events can shape perceptions and interpretations of the resulting work, even when those events are changed and the work is declared to be one of fiction. I have discussed elsewhere, for instance, the difficult terrain of crafting fiction from well-known criminal cases (Brien, “Based on a True Story”). The reception of such work shows how difficult it is to dissociate creative product from its source material once the public and media has made this connection, no matter how distant that finished product may be from the original facts.As the field of biography continues to evolve for writers, critics and theorists, a study of one key text at a moment in that evolution—Jill Shearer’s play Georgia and its reliance on disclosing the life of artist Georgia O’Keeffe for its content and dramatic power—reveals not only some of the challenges and opportunities this close relationship offers to the writers and readers of life stories, but also the pitfalls of attempting to dissemble regarding artistic intention. This award-winning play has been staged a number of times in the past decade but has attracted little critical attention. Yet, when I attended a performance of Georgia at La Boite Theatre in Brisbane in 1999, I was moved by the production and admiring of Shearer’s writing which was, I told anyone who would listen, a powerfully dramatic interpretation of O’Keeffe’s life, one of my favourite artists. A full decade on, aspects of the work and its performance still resonate through my thinking. Author of more than twenty plays performed throughout Australia and New Zealand as well as on Broadway, Shearer was then (and is) one of Australia’s leading playwrights, and I judged Georgia to be a major, mature work: clear, challenging and confident. Reading the Currency Press script a year or so after seeing the play reinforced for me how distinctive and successful a piece of theatre Shearer had created utilising a literary technique which has been described elsewhere as fictionalised biography—biography which utilises fictional forms in its presentation but stays as close to the historical record as conventional biography (Brien, The Case of Mary Dean).The published version of the script indeed acknowledges on its title page that Georgia is “inspired by the later life of the American artist Georgia O’Keeffe” (Shearer). The back cover blurb begins with a quote attributed to O’Keeffe and then describes the content of the play entirely in terms of biographical detail: The great American artist Georgia O’Keeffe is physically, emotionally and artistically debilitated by her failing eyesight. Living amidst the Navajo spiritual landscape in her desert home in New Mexico, she becomes prey to the ghosts of her past. Her solitude is broken by Juan, a young potter, whose curious influence on her life remains until her death at 98 (Georgia back cover). This short text ends by unequivocally reinforcing the relation between the play and the artist’s life: “Georgia is a passionate play that explores with sensitivity and wry humour the contradictions and the paradoxes of the life of Georgia O’Keeffe” (Georgia back cover). These few lines of plot synopsis actually contain a surprisingly large number of facts regarding O’Keeffe’s later life. After the death of her husband (the photographer and modern art impresario Alfred Steiglitz whose ghost is a central character in the play), O’Keeffe did indeed relocate permanently to Abiquiú in New Mexico. In 1971, aged 84, she was suffering from an irreversible degenerative disease, had lost her central vision and stopped painting. One autumn day in 1973, Juan Hamilton, a young potter, appeared at her adobe house looking for work. She hired him and he became her lover, closest confidante and business manager until her death at 98. These facts form not only the background story but also much of the riveting content for Georgia which, as the published script’s introduction states, takes as its central themes: “the dilemma of the artist as a an older woman; her yearning to create against the fear of failing artistic powers; her mental strength and vulnerability; her sexuality in the face of physical deterioration; her need for companionship and the paradoxical love of solitude” (Rider vii). These issues are not only those which art historians identify as animating the O’Keeffe’s later life and painting, but ones which are discussed at length in many of the biographies of the artist published from 1980 to 2007 (see, for instance: Arrowsmith and West; Berry; Calloway and Bry; Castro; Drohojowska-Philp; Eisler; Eldredge; Harris; Hogrefe; Lisle; Peters; Reily; Robinson).Despite this clear focus on disclosing aspects of O’Keeffe’s life, both the director’s and playwright’s notes prefacing the published script declare firmly that Georgia is fiction, not biography. While accepting that these statements may be related to copyright and privacy concerns, the stridency of the denials of the biography label with its implied intention of disclosing the facts of a life, are worthy of analysis. Although noting that Georgia is “about the American artist Georgia O’Keeffe”, director of the La Boite production Sue Rider asserts that not only that the play moves “beyond the biographical” (vii) but, a few pages later, that it is “thankfully not biography” (xii). This is despite Rider’s own underscoring of the connection to O’Keeffe by setting up an exhibition of the artist’s work adjacent to the theatre. Shearer, whose research acknowledgments include a number of works about O’Keeffe, is even more overtly strident in her denial of any biographical links stating that her characters, “this Juan, Anna Marie and Dorothy Norman are a work of dramatic fiction, as is the play, and should be taken as such” (xiii).Yet, set against a reading of the biographies of the artist, including those written in the intervening decade, Georgia clearly and remarkably accurately discloses the tensions and contradictions of O’Keeffe’s life. It also draws on a significant amount of documented biographical data to enhance the dramatic power of what is disclosed by the play for audiences with this knowledge. The play does work as a coherent narrative for a viewer without any prior knowledge of O’Keeffe’s life, but the meaning of the dramatic action is enhanced by any biographical knowledge the audience possesses. In this way, the play’s act of disclosure is reinforced by this externally held knowledge. Although O’Keeffe’s oeuvre is less well known and much anecdotal detail about her life is not as familiar for Australian viewers as for those in the artist’s homeland, Shearer writes for an international as well as an Australian audience, and the program and adjacent exhibition for the Brisbane performance included biographical information. It is also worth noting that large slabs of biographical detail are also omitted from the play. These omissions to disclosure include O’Keeffe’s early life from her birth in 1887 in Wisconsin to her studies in Chicago and New York from 1904 to 1908, as well as her work as a commercial artist and art teacher in Texas and other Southern American states from 1912 to 1916. It is from this moment in 1916, however, that the play (although opening in 1946) constructs O’Keeffe’s life right through to her death in 1986 by utilising such literary devices as flashbacks, dream sequences and verbal and visual references.An indication of the level of accuracy of the play as biographical disclosure can be ascertained by unpacking the few lines of opening stage directions, “The Steiglitz’s suite in the old mid-range Shelton Hotel, New York, 1946 ... Georgia, 59, in black, enters, dragging a coffin” (1). In 1946, when O’Keeffe was indeed aged 59, Steiglitz died. The couple had lived part of every year at the Shelton Towers Hotel at 525 Lexington Avenue (now the New York Marriott East Side), a moderately priced hotel made famous by its depiction in O’Keeffe’s paintings and Steiglitz’s photographs. When Stieglitz suffered a cerebral thrombosis, O’Keeffe was spending the summer in New Mexico, but she returned to New York where her husband died on 13 July. This level of biographical accuracy continues throughout Georgia. Halfway through the first page “Anita, 52” enters. This character represents Anita Pollitzer, artist, critic and O’Keeffe’s lifelong friend. The publication of her biography of O’Keeffe, A Woman on Paper, and Georgia’s disapproval of this, is discussed in the play, as are their letters, which were collected and published in 1990 as Lovingly, Georgia (Gibiore). Anita’s first lines in the play after greeting her friend refer to this substantial correspondence: “You write beautifully. I always tell people: “I have a friend who writes the most beautiful letters” (1). In the play, as in life, it is Anita who introduces O’Keeffe’s work to Stieglitz who is, in turn, accurately described as: “Gallery owner. Two Nine One, Fifth Avenue. Leader of the New York avant-garde, the first to bring in the European moderns” (6). The play also chronicles how (unknown to O’Keeffe) Steiglitz exhibited the drawings Pollitzer gave him under the incorrect name, a scene which continues with Steiglitz persuading Georgia to allow her drawings to remain in his gallery (as he did in life) and ends with a reference to his famous photographs of her hands and nude form. Although the action of a substantial amount of real time is collapsed into a few dramatic minutes and, without doubt, the dialogue is invented, this invention achieves the level of aesthetic truth aimed for by many contemporary biographers (Jones)—as can be assessed when referring back to the accepted biographical account. What actually appears to have happened was that, in the autumn 1915, while teaching art in South Carolina, O’Keeffe was working on a series of abstract charcoal drawings that are now recognised as among the most innovative in American art of that time. She mailed some of these drawings to Pollitzer, who showed them Steiglitz, who exhibited ten of them in April 1916, O’Keeffe only learning of this through an acquaintance. O’Keeffe, who had first visited 291 in 1908 but never spoken to Stieglitz, held his critical opinion in high regard, and although confronting him over not seeking her permission and citing her name incorrectly, eventually agreed to let her drawings hang (Harris). Despite Shearer’s denial, the other characters in Georgia are also largely biographical sketches. Her “Anna Marie”, who never appears in the play but is spoken of, is Juan’s wife (in real life Anna Marie Hamilton), and “Dorothy Norman” is the character who has an affair with Steiglitz—the discovery of which leads to Georgia’s nervous breakdown in the play. In life, while O’Keeffe was in New Mexico, Stieglitz became involved with the much younger Norman who was, he claimed, only his gallery assistant. When O’Keeffe discovered Norman posing nude for her husband (this is vividly imagined in Georgia), O’Keeffe moved out of the Shelton and suffered from the depression that led to her nervous breakdown. “ Juan,” who ages from 26 to 39 in the play, represents the potter Juan Hamilton who encouraged the nearly blind O’Keeffe to paint again. In the biographical record there is much conjecture about Hamilton’s motives, and Shearer sensitively portrays her interpretation of this liaison and the difficult territory of sexual desire between a man and a much older woman, as she also too discloses the complex relationship between O’Keeffe and the much older Steiglitz.This complexity is described through the action of the play, but its disclosure is best appreciated if the biographical data is known. There are also a number of moments of biographical disclosure in the play that can only be fully understood with biographical knowledge in hand. For instance, Juan refers to Georgia’s paintings as “Beautiful, sexy flowers [... especially] the calla lilies” (24). All attending the play are aware (from the exhibition, program and technical aspects of the production) that, in life, O’Keeffe was famous for her flower paintings. However, knowing that these had brought her fame and fortune early in her career with, in 1928, a work titled Calla Lily selling for U.S. $25,000, then an enormous sum for any living American artist, adds to the meaning of this line in the play. Conversely, the significant level of biographical disclosure throughout Georgia does not diminish, in any way, the power or integrity of Shearer’s play as a literary work. Universal literary (and biographical) themes—love, desire and betrayal—animate Georgia; Steiglitz’s spirit haunts Georgia years after his death and much of the play’s dramatic energy is generated by her passion for both her dead husband and her younger lover, with some of her hopeless desire sublimated through her relationship with Juan. Nadia Wheatley reads such a relationship between invention and disclosure in terms of myth—relating how, in the process of writing her biography of Charmain Clift, she came to see Clift and her husband George Johnson take on a larger significance than their individual lives: “They were archetypes; ourselves writ large; experimenters who could test and try things for us; legendary figures through whom we could live vicariously” (5). In this, Wheatley finds that “while myth has no real beginning or end, it also does not bother itself with cause and effect. Nor does it worry about contradictions. Parallel tellings are vital to the fabric” (5). In contrast with both Rider and Shearer’s insistence that Georgia was “not biography”, it could be posited that (at least part of) Georgia’s power arises from the creation of such mythic value, and expressly through its nuanced disclosure of the relevant factual (biographical) elements in parallel to the development of its dramatic (invented) elements. Alongside this, accepting Georgia as such a form of biographical disclosure would mean that as well as a superbly inventive creative work, the highly original insights Shearer offers to the mass of O’Keeffe biography—something of an American industry—could be celebrated, rather than excused or denied. ReferencesArrowsmith, Alexandra, and Thomas West, eds. Georgia O’Keeffe & Alfred Stieglitz: Two Lives—A Conversation in Paintings and Photographs. Washington DC: HarperCollins and Calloway Editions, and The Phillips Collection, 1992.Berry, Michael. Georgia O’Keeffe. New York: Chelsea House, 1988.Brien, Donna Lee. 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