277 research outputs found

    International copyright and the challenges of digital technology

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    PhDDigital technology is challenging traditional copyright principles. Despite suggestions from a number of commentators that copyright cannot survive the challenge, this thesis aims to demonstrate that copyright can evolve and adapt rather than face elimination. This hypothesis is tested and illustrated by means of an examination of law in conjunction with technology, and by means of concrete examples. Analysis of the author's position in the face of digital technology requires firstly, an investigation of the way in which the existence and exercise of the author's copyright itself is affected by such technology, and secondly, an examination of how the author's standing in relation to dissemination of works generally is concerned (e.g. as regards freedom of speech). It is with the first of these aspects that this thesis is mainly concerned, although, for the sake of a more comprehensive view, some considerations on the second aspect are also advanced. This thesis examines challenges raised in the copyright field by digital technology and the consequential problems in relation to classification of subject matter, identification of authors, fixation and reproduction, the criterion of originality, the meaning of publication, recognition of moral rights, recognition of economic rights, exceptions and limitations, liability of service providers, authenticity of works, infringement, feasibility of enforcement and conflict of laws. Broader issues relating to Government and private control of access to the new media are also analysed. The analysis is focused on copyright subsistence as well as infringement. Furthermore, both the legal and the technological aspects are considered (with the aid of a comprehensive glossary of technological terms). The approach is one of law and technology in equal measure. In the context of these problems there follows a critical examination and comparison of the main national systems, the main international instruments, and the main regional instruments. This systematic survey seeks to encapsulate the work of learned authors in a concise manner, leading to certain proposals. The approach is one of criticism and selection of feasible and practical solutions. Nearly all elements of the proposed solutions exist already, albeit in a fragmented way. These solutions are based on law and on technology, and are formulated to apply in both the analogue and digital worlds. The thesis concludes that for an effective solution of the problems raised by digital technology, an international standard for copyright protection must be adopted, one apposite for the digital world. The thesis puts forward detailed suggestions towards the adoption of an International Digital Copyright Protection System, in the form of definitional, obligational, conflict of laws and technological proposals, whose common denominator is the will to find new answers for the digital challenges. The definitional proposals will clarify conceptual questions arising from the digital revolution. The obligational proposals will regulate the issue of exemptions from liability and duties of Internet service providers. The conflict of laws proposals will address the problems arising in connection with jurisdiction and applicable law on the Internet. The technological proposals will give practical effect to the system by focusing on deterrence and tracing of copyright infringement

    Semantic discovery and reuse of business process patterns

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    Patterns currently play an important role in modern information systems (IS) development and their use has mainly been restricted to the design and implementation phases of the development lifecycle. Given the increasing significance of business modelling in IS development, patterns have the potential of providing a viable solution for promoting reusability of recurrent generalized models in the very early stages of development. As a statement of research-in-progress this paper focuses on business process patterns and proposes an initial methodological framework for the discovery and reuse of business process patterns within the IS development lifecycle. The framework borrows ideas from the domain engineering literature and proposes the use of semantics to drive both the discovery of patterns as well as their reuse

    Avenging Muse: Naomi Royde-Smith, 1875-1964

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    Avenging Muse is the biography of Naomi Royde-Smith, a powerful early twentieth-century British literary editor who discovered and published the first works of such writers as Rupert Brooke, Rose Macaulay, and Graham Greene. Beginning at age 50, she became in her own right a prolific author of more than thirty novels in addition to plays, biographies, and cultural critiques posing as travelogues. She writes about fin de siècle Geneva, about London and working women between the wars, about journalism and theater, about artists and their promoters, about banal culture, about social class in disarray, about a world that lacks spiritual center. Bravely Royde-Smith also writes about the lives of women loving women, men loving men, and tales about ordinary men and women in love-or not. The historical environment surrounding her writing, as well as those about whom she wrote, was morally and legally hostile to exploration of sexualities. Her fictions, witty and empathetic, emerge from her own experiences. Royde-Smith enjoyed her work as a professional muse-literary editor in London of the prestigious Saturday Westminster Gazette and then the Queen; however, she did not enjoy being cast by writers, such as Walter de la Mare and Henry Spiess, as their personal muse. Indeed, in certain of her novels, she retaliated against men who trespass, attacking their self-absorbed use of women in the name of art. Her personal story corresponds with an increasing historical realization of women\u27s rights, a realization that undermines romantic and neoromantic reverence for conventional muses. Her writings anticipate current literary and feminist theories of performative gender.https://scholarship.claremont.edu/pitzer_facbooks/1025/thumbnail.jp

    How Legend Constructs French National Identity: Jeanne d\u27Arc

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    Since the fifteenth century, French authors have (re)told the story of Jeanne d’Arc. There is a sense of timelessness that accompanies her reception by the French public. In this transhistorical study, I look at Jeanne’s legend in light of four centuries and reveal how French authors (re)appropriate the Maid for their own political purposes. Along with the timeliness of Jeanne’s appearance, I investigate the gendered nature of her depictions. In short, I examine how Jeanne’s legend constructs, reconstructs, and deconstructs French national identity. In 1429, Christine de Pisan composes Ditié de Jehanne d’Arc, a poem that celebrates her contemporary in fifteenth-century France. Pisan’s poem appears near the end of the Hundred Years War when France is occupied by the English. During this period, the people doubted Charles VII’s legitimacy and the French monarchy was in danger. As the different factions within France begin to join forces, the new nation of France is born. In seventeenth-century France, the monarchy gains prestige as Louis XIV will soon take the throne. In 1642, François Hédelin d’Aubignac penned the drama La Pucelle d’Orléans, in which he depicts the Maid as an eloquent rhetorician who commands the courtroom. In this period of Absolutism, d’Aubignac’s Jeanne parallels the king. During the Age of Reason, Voltaire writes his mock epic La Pucelle d’Orléans (1762) in which he questions Jeanne’s purity. This scandalous work offers a political commentary, advising the gullible French public to question the established institutions—namely, the monarchy and the Church. Voltaire’s epic anticipates one of the greatest national turning points for France: the revolution. In the twentieth century, France endures German occupation in World War II. Jean Anouilh’s drama L’Alouette (1953) offers a postwar commentary on the state of France as they must rebuild French national identity after the Liberation. In a period when Absurdist theatre emerged, Anouilh’s play reflects the absurdity of war. The author writes a masculine hero and champions the individual: true to himself and responsible for his own actions

    Translating Andrea Camilleri: Strategies for the translation of

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    STUDENT NO: 9811739R MASTERS HUMANITIESABSTRACT The objective of this paper is to investigate how linguistic variations in a literary text can be translated by analysing and comparing the strategies employed by two different French translators when dealing with the works of the Italian author, Andrea Camilleri. Much has been written about the possibility/ impossibility of translation itself, with many writers and critics taking opposing sides on the issue. The intention of this study is not to fuel or further this, in our view, sterile discussion. The point is that translations do exist and have existed for thousands of years: that is, texts in one (source) language have in some way been recreated and rewritten into another (target) language1. By contrast, what has been explored only superficially is how linguistic variations and dialects present in literary texts have been reproduced in the target language. Textual analyses relative to this study will be carried out on selected passages of two different novels (one for each translator). 1 The abbreviations SL and TL will be used to indicate ‘source language’ and ‘target language’ respectively, while ST and TT will be used to indicate ‘target text’ and ‘source text’

    Denis Diderot 'Rameau's Nephew' - 'Le Neveu de Rameau'

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    "In a famous Parisian chess café, a down-and-out, HIM, accosts a former acquaintance, ME, who has made good, more or less. They talk about chess, about genius, about good and evil, about music, they gossip about the society in which they move, one of extreme inequality, of corruption, of envy, and about the circle of hangers-on in which the down-and-out abides. The down-and-out from time to time is possessed with movements almost like spasms, in which he imitates, he gestures, he rants. And towards half past five, when the warning bell of the Opera sounds, they part, going their separate ways. Probably completed in 1772-73, Denis Diderot’s Rameau’s Nephew fascinated Goethe, Hegel, Engels and Freud in turn, achieving a literary-philosophical status that no other work by Diderot shares. This interactive, multi-media and bilingual edition offers a brand new translation of Diderot’s famous dialogue, and it also gives the reader much more. Portraits and biographies of the numerous individuals mentioned in the text, from minor actresses to senior government officials, enable the reader to see the people Diderot describes, and provide a window onto the complex social and political context that forms the backdrop to the dialogue. Links to musical pieces specially selected by Pascal Duc and performed by students of the Conservatoire national supérieur de musique et de danse de Paris, illuminate the wider musical context of the work, enlarging it far beyond its now widely understood relation to opéra comique. This new edition includes: - Introduction - Original text - English translation - Embedded audio-files - Explanatory Notes - Interactive Material

    Of Corpse

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    Laughter, contemporary theory suggests, is often aggressive in some manner and may be prompted by a sudden perception of incongruity combined with memories of past emotional experience. Given this importance of the past to our recognition of the comic, it follows that some ""traditions"" dispose us to ludic responses. The studies in Of Corpse: Death and Humor in Folklore and Popular Culture examine specific interactions of text (jokes, poetry, epitaphs, iconography, film drama) and social context (wakes, festivals, disasters) that shape and generate laughter. Uniquely, however, the essays here peruse a remarkable paradox-the convergence of death and humor.Two studies here focus on joke cycles concerning disasters and celebrities, particularly as spawned or mediated through television and the Internet. One offers an exhaustive look at Internet humor that followed ""September 11,"" and the other interprets the influence of television as especially fertile for the proliferation of humor about mass icons and disasters. Other essays examine the social leveling through laughter at festivals and calendar customs associated with Mexican Day-of-the-Dead traditions, and another highlights the role of the Haitian family of playful, erotic death spirits known as Gedes during Carnival. A chapter on The Grateful Dead shows how the folkloric name and ludic iconography of this rock band nurtured participatory, egalitarian cultural scenes of collective merriment. Another essay inspects Weekend at Bernie's, a film employing the humorous manipulation of a corpse-a time-honored folk motif also explored in chapters on the ""Irish wake"" and the ""merry wake."" In another essay, we saunter through the contemporary American cemetery, noting the instances and import of humor in gravemarker texts.Taken together these essays provide a wide variety of interpretations for complex expressive forms that link death and humor, and that appear to unite groups through their own aesthetics of laughter. By letting down their guard together when encountering communications normally judged as unpleasant, people collectively affirm their own taste and ""sense"" of humor, in the face of official culture and even death itself

    Dramatic Experience

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    The authors explore the convergence of dramatic theory, theatrical practice, and various modes of audience experience that contributed to the emergence of ‘public sphere(s)’ across early modern Europe — and in Asia
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