2. This case study is the discussion piece and occasion for this paper, delivered in abbreviated form at the Second Whizin International Symposium. University of Judaism, Los Angeles, California, Feb 5-7, 1995.
3. "Pierre Menard, "Author of Don Quixote" in Ficciones (NY: Grove Press, 1962). The Spanish original dates from the early 1960s.
4. Karen Burke Lefevre, Invention as a Social Act (Southern Illinois UP, 1987) paraphrased by Lefevre in her article "The Tell-Tale Heart: Determining 'Fair' Use of Unpublished Texts," Law and Contemporary Issues 55, 2 (Spring, 1992) 178.
5. See Martha Woodmansee's excellent account of this period in Germany in "The Genius and the Copyright," Eighteenth-Century Studies 17,4 (Summer, 1984) 440
6. Noted in Woodmansee, op. cit. above.
7. Of course, the clever case study before us today echoes a landmark case in copyright laws, Salinger v. Random House, 811 F2d 90 (2d Cir 1987)
8. Space here doesn't permit me to explore the fascinating connections between the ideas of intellectual property and more profound concepts of the self, of freedom, even of what makes a human human (as opposed, say, to a cybernetic entity or artificial intelligence). Notions of privacy, too, are involved.
9. Quoted in Woodmansee, op. cit. above.
10. From Adin Steinsaltz, The Essential Talmud transl by Chaya Galai (NY: Basic Books, 1976) p.4.
11. Emmanuel Levinas, "Damages Due to Fire," Nine Talmudic Readings, translated with an introduction by Annette Aronowicz, (Bloomington: Indiana UP, 1990) 190-191.
12. For an excellent chronicle and analysis of
this connection, I suggest David Bar-Illan's Eye on the Media (Jerusalem
Post Press, 1993).
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