Cover; Title; Copyright; Contents; Acknowledgments; Introduction; ONE: Setting the Scene: Proliferating Pictures and the Advent of Photography and Cinema; TWO: "Has a Beautiful Girl the Right to Her Own Face?" Privacy, Propriety, and Property; THREE: Medical Men and Peeping Toms: Spectacles of Monstrosity and the Camera's Corporeal Violations; FOUR: Privacy, the Celluloid City, and the Cinematic Eye; FIVE: Privacy for Profit and a Right of Publicity; SIX: Hollywood Heroes and Shameful Hookers: Privacy Moves West; Conclusion; Notes; Bibliography; Index; A; B; C; D; E; F; G; H; I; J; K; L; M; N
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AbstractIn the nineteenth century, a gendered reform movement – the Slander of Women Acts – swept through the British common law world, making it easier for women to sue for defamatory allegations of sexual immorality. By examining two slander cases brought by women in early New South Wales and radical reforms passed in 1847, this article locates the Australian colonies within this global campaign. Arguing that slander worked to reinscribe a woman's colonial category, police 'savage' speech and rectify respectability for economic purposes, it shows how ideas of reputation and its protection diverged across the UK, USA and Australia at this time.
Technology and law both rest upon, acknowledge and borrow from their forebears, but the trajectory of technological development is distinct from legal precedent. The former thrives on innovative and creative leaps where non-linear progression is celebrated. The latter derives purpose and respect from its conservatism and predictability, adhering to established traditions. At moments of technological rupture, the law's path forward becomes uncertain. By taking the advent of the photographic camera as its focus, this article comments upon the ways in which the law grapples to smooth over technological rupture and naturalize the outcomes of its often ambiguous and hesitant decisions. As the gendered battle for rights in a photographic image during the last few decades of the 19th century shows, the primary owner of copyright in a photograph was not naturally or obviously the photographer. This article encourages us to reflect upon moments of technological rupture and the process by which the once achievable or feasible becomes absurd or forgotten.
"In this book I offer a new history of the evolution of privacy law in the United States that places the legal activism of individual women front and center, women such as the feisty Abigail Roberson, Coney Island high diver Mabel Colyer, the private detective Grace Humiston, Kansas housewife Stella Kunz, Broadway star Gladys Loftus, African American dancer Pauline Myers, and California society matron Gabrielle Melvin"--Page 2
The advent of the photographic camera in the mid-nineteenth century enabled the "likeness" of an individual to be lifted with relative ease from its possessor and rendered with uncanny precision upon material. This fracturing of the subject into transportable, reproducible objects threatened a novel kind of harm, especially for women. This article brings new research to bear on the origins of the American "right to privacy" (such as the Federal 1888 "Bill to Protect Ladies"), arguing that the foundational 1890 article by Warren and Brandeis was but one of numerous attempts to remedy the unauthorized circulation of women's photographic portraits. The gendered nature of this "right" means it must also be contextualized within women's history and the broader struggle for equal citizenship. The "right to privacy" cannot simply be dismissed as a purely conservative doctrine invoking feminine modesty. In its demands for the legal recognition of those pictured as active subjects, rather than "pretty" objects, as individuals rather than nameless faces, as possessors of valuable property, rather than as valuable possessions in themselves, I argue that the "right to privacy" challenged the masculine prerogative of copyright law and pushed back against the reduction of women to silent, compliant images that was occurring on an industrial scale, in the late nineteenth century.