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Chapter 3 both deepens and problematises the legal understanding of literature by attending to the making and perception of typefaces, particularly the Breitkopf Fraktur typeface in which Kant’s 1785 essay was set. Close reading a 2001 House of Lords decision, Newspaper Licensing Agency Ltd v Marks & Spencer Plc, allows us to see that literary copyright and published edition copyright, though pertaining to the respective labours of authors and publishers, nonetheless share an ‘originalist’ aesthetics of the book that affirms the myth of proprietary authorship. To dislodge copyright’s originalist aesthetics, I revisit and compare Fichte’s and Kant’s accounts of the printed book in late eighteenth-century Germany, which, in their own ways, anticipate and undermine the contemporary legal perspective. Unlike Fichte, Kant recognised the visual materiality of the book, including the perceptibility of its typeface and typesetting, which pointed to an historical domain of embodied interactions. Guided by Kant, I attend to two aspects of the material history of the Breikopf Fraktur typeface: the history of its production and the history of its perception. This material history of the typeface, which reveals the deep interactions between human actors and print technologies, acts as a counter-image to copyright’s originalist aesthetics.
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