AustLit logo

AustLit

Catherine Bond Catherine Bond i(A145649 works by)
Gender: Female
The material on this page is available to AustLit subscribers. If you are a subscriber or are from a subscribing organisation, please log in to gain full access. To explore options for subscribing to this unique teaching, research, and publishing resource for Australian culture and storytelling, please contact us or find out more.

Works By

Preview all
1 "The Play goes on Eternally": Copyright, Marcus Clarke's Heirs and His Natural Life as Play and Film Part Two Catherine Bond , 2011 single work criticism
— Appears in: Intellectual Property Journal , December vol. 24 no. 1 2011; (p. 61-77)
'Today it is the heirs to the copyright in a literary work that will enjoy the benefits of that property right for the longer part of its duration, rather than the original author. Copyright can therefore be a valuable element of an author's estate and on that basis it appears that heirs (and purported heirs) are increasingly engaging in public campaigns and litigation to protect both that property and their individual rights to it. This two-part article approaches an analysis of the contemporary relationship between copyright and heirs from a comparative perspective, by utilising a case study on the heirs of Australian colonial author Marcus Clarke. It evaluates how Clarke's widow, Marian, and later their children navigated the gaps in the applicable colonial and federal statutes throughout the duration of copyright in Clarke's most prolific work, His Natural Life, with respect to dramatizations and film adaptations of that story. Part One reveals that, when the colonial copyright statutes failed to provide any exclusive right of dramatization, a "moral" right to royalties was created in Marian's favour by theatrical producers seeking to claim their version as the "authorised" play. Part Two considers Marian's use of new rights granted under the Copyright Act 1912 (Cth) and how, following their mother's death, the Clarke children also successfully exploited their copyright with respect to dramatizations, until its expiration in 1931. Both parts conclude with lessons that authors' heirs today can draw with respect to copyright law from the experiences of the Clarke family' (Publication abstract).
1 "The Play goes on Eternally": Copyright, Marcus Clarke's Heirs and His Natural Life as Play and Film Part One Catherine Bond , 2011 single work criticism
— Appears in: Intellectual Property Journal , September vol. 23 no. 3 2011; (p. 268-287)
'Today it is the heirs to the copyright in a literary work that will enjoy the benefits of that property right for the longer part of its duration, rather than the original author. Copyright can therefore be a valuable element of an author's estate and on that basis it appears that heirs (and purported heirs) are increasingly engaging in public campaigns and litigation to protect both that property and their individual rights to it. This two-part article approaches an analysis of the contemporary relationship between copyright and heirs from a comparative perspective, by utilising a case study on the heirs of Australian colonial author Marcus Clarke. It evaluates how Clarke's widow, Marian, and later their children, navigated the gaps in the applicable colonial and Federal statutes throughout the duration of copyright in Clarke's most prolific work, His Natural Life, with respect to dramatisations and film adaptations of that story. Part One reveals that, when the colonial copyright statutes failed to provide any exclusive right of dramatisation, a "moral" right to royalties was created in Marian's favour by theatrical producers seeking to claim their version as the "authorised" play. Part Two considers Marian's use of new rights granted under the Copyright Act 1912 (Cth) and how, following their mother's death, the Clarke children also successfully exploited their copyright with respect to dramatisations, until its expiration in 1931. Both parts conclude with lessons that authors' heirs today can draw with respect to copyright law from the experiences of the Clarke family' (Publication Abstract).
1 ‘Curse the Law!’: Unravelling the Copyright Complexities in Marcus Clarke’s His Natural Life Catherine Bond , 2010 single work criticism
— Appears in: Media and Arts Law review , vol. 15 no. 4 2010; (p. 452-477)
'Few colonial novels have permeated Australia's literary psyche to the extent of Marcus Clarke's convict novel, His Natural Life. Yet, in spite of the popularity of this tale, it is often said that Clarke was unable to exploit its success financially due to the copyright laws in force in the colonies and the British empire at that time. In this paper, I analyse those colonial copyright statutes and illustrate the confusion that both Clarke and contemporary publishers experienced when dealing with copyright and how this affected re-publication of the story. I subsequently evaluate four issues with respect to colonial and imperial copyright and the protection of His Natural Life: the subsistence of copyright in the original serial version; the ownership of that copyright; and copyright protection for the subsequent 1874 Robertson and 1875 Bentley book editions, in the colonies and the United Kingdom respectively' (Author's abstract).
X