Volume 69

Issue 3

Editor's Note

I am pleased for the Journal to offer our readers three marvelous articles in issue 69:3.

Our first article is Rebecca Curtin’s The Art (History) of Bleistein. As our readers know, Bleistein v. Donaldson Lithographic Co. is one of the most famous and influential of all copyright cases. Among other things, the opinion is known for Justice Holmes admonition that, “It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits.” Countless judges have tried to avoid making aesthetic determinations, with uneven success at best. Indeed, one cannot read Bleistein without sensing Holmes’ willingness to make definitive statements about art, even if his views about art might be considered controversial. In her Article, Professor Curtin adds new light to Holmes’ understanding of art by considering the influence of his wife, Fanny Bow- ditch Dixwell Holmes. The result is a fascinating perspective about how this famous opinion took shape.

Our second article is Timothy McFarlin’s A Copyright Ignored: Mark Twain, Mary Ann Cord, and the Meaning of Authorship. This article considers the provocative possibility that Mark Twain and the Atlantic infringed the common law copyright of Mary Ann Cord, a formerly enslaved person. Ms. Cord orally recounted her remarkable life story to Mr. Twain, who based his manuscript “A True Story, Repeated Word for Word as I Heard It.” The manuscript was then published by Atlantic Monthly. Professor McFarlin takes on a most interesting legal analysis of the possibilities. In doing so, he reminds us about the complicated history and creative debts that exist within some of our country’s greatest art and literature.

Our third article is Zvi Rosen’s Examining Copyright. Professor Rosen offers us new insights about the process of copyright examination by examining its history. In so doing, he helps us understand the complexities and challenges of a process that many experience as simple or automatic. The insights gained are particularly valuable to members of the Copyright Society, and it’s the kind of article that belongs in this Journal.

As always, I welcome comments from our readers.

Alfred C. Yen
Professor of Law and Dean’s Distinguished Scholar
Boston College Law School
alfred.yen@bc.edu