- English The topic of my thesis is non-contractual legal institutions of the use of copyrighted work. It describes the ways of use of copyrighted work without the contractual arrangement with the author. Namely, I talk about free work and exceptions and limitations of copyright. Exceptions are further divided into free use and statutory licences. I also deal with so-called three-step test. The largest part of the thesis is devoted to the free use and thoughts about its possible changes. Of course, I also mention the copyright law in general.

- English The thesis deals with the issue of non-contractual legal institutions of the use of copyrighted works. It describes the ways of use of copyrighted work without the contractual arrangement with the author. Namely, I talk abou the free use and statutory licences. The statutory licenses, which are the major focus of the work, are divided into chargeable and free-of-charge statutory licences. I also entertain the interpretation of the so-called three-step test. In the thesis, I also deal with issue of copyright law in general.

- English The theme of my dissertation is non-contractual institutes of usage of author's work. These are cases where it is permitted to use copyrighted work without a contractual arrangement with the author. Specifically, I am talking about the use of free work, the free usage of work and lawful use of a legal license. Statutory licenses are analyzed in detail - the two major sub-sections are chargeable and free-of-charge statutory licenses. Also I pay attention to a so-called three-step test. Of course I do not forget to state the issue of copyright law in general.

In 'The Crypt, the Haunted House of Cinema', Cholodenko argues that film is, metaphorically speaking, a haunted house: an instance of the uncanny. This raises the possibility the film script is also uncanny, from the Freudian notion of das Unheimliche, the strangely familiar and familiarly strange - and thus also a haunted house. This proposition engenders a search as self-reflexive practice for that which haunts the script' an uncanny process to explore the uncanny. The search requires drawing on Barthes, acting 'as dead' with that process' attendant contradictions and problematics' the most likely ghost in the script being the writing self. Establishing the characteristics of the writing self involves distinguishing that figure from the author. This requires outlining the development of theories of the author from the concept of authorial will, as per the argument of Hirsch, to the abnegation of the author as a philosophical certainty. Barthes and Foucault call this abnegation the death of the author. Rather than that marking the end of a particular branch of analysis, the death of the author can be considered an opening to the writing practice. From this perspective, the death of the author becomes a strategy in Foucault's game of writing, effecting the obfuscation of the writing self, by placing a figure as dead, the author figure, within the metaphorical topography of the text. Indeed, the author as dead is akin to a character in the narrative but at a substratum level of the text. What places this dead figure within the text is an uncanny writing self, a figure of transgression, brought into being in the experience of Blanchot's essential solitude. 'The Seaborne' written by Matt Marshall, provides an example of a film script that constitutes a haunted house, a site of the uncanny. In terms of the generic characteristics of the film script as text type, its relative unimportance in relation to any subsequent film based on the script becomes of itself a feature of the film script. This makes the film script a site of negotiation and contestation between the implied author as hidden director on the one hand and the implied reader as implied director on the other. This confirms the film script as, using Sternberg's terminology, a blueprint text type. Examples of the negotiation and relationship between hidden director and implied director are found in analysis of 'The Seaborne' as are the tensions in the relationship between the individualistic impulses of the hidden director and the mechanistic, formal requirements of the text type as blueprint. These tensions are ameliorated by the hidden director who is then effaced within the constructed layers of the film script text to allow interpretive space for the implied director. 'The Seaborne' as representative of the film script text becomes the after-image of a written text and the foreshadowing of a future filmic one. It therefore never finds completion within its own construction process and its formation begins in templates that accord with the Bakhtin's description of the epic, as is shown by comparing the construction notes for 'The Seaborne' with Aristotlean dramatic requirements. But at the same time there is present in 'The Seaborne' a Bakhtinian dialogism that points towards the individual markers of a writing self. This writing self, referring to Kristeva, is a figure of abjection. It transgresses itself and transgresses its own transgressions. It is a ghost in a ghost story without ghosts.

In this thesis I explore the significance of the publication of Betty Friedan�s The Feminine Mystique (1963) to the emergence of the second wave Women�s Liberation Movement in the US in the late 1960s. To this end, I deploy key concepts provided through social movement theory (eg collective identity, collective action frames, social problem construction). I also incorporate Max Weber and Antonio Gramsci�s insights on the indispensable role played by leaders who demonstrate a clear and effective political will. Weber�s three part model of pure charisma is used as a general template for understanding the impact of Friedan�s text. I critique aspects of Weber�s theory of charisma, in particular his failure to appreciate that the written word can mark the initial emergence phase of charisma rather than its routinisation. I augment Weber�s insights on charismatic leadership by attending to Gramsci�s emphasis on the necessity of winning the �war of ideas� that must be waged at the level of civil society within advanced capitalist societies. I examine Gramsci�s understanding of the power available to the organic intellectual who is aligned with the interests of subaltern groups and who succeeds in revealing the hegemonic commitments of accepted �common sense�. In the latter part of this thesis, I apply these many useful concepts to my case study analysis of Betty Friedan�s The Feminine Mystique. I argue that Friedan�s accessible, middlebrow text gave birth to a new discursive politics which was critically important not only for older women, but for a younger generation of more radicalised women. I emphasise how Friedan�s text mounted a concerted attack on the discursive construction of femininity under patriarchal capitalism. I question Friedan�s diagnostic claim that the problems American women faced were adequately captured by the terminology of the trapped housewife syndrome. I conclude by arguing that social movement researchers have to date failed to appreciate the leadership potential of the charismatic author-leader who succeeds in addressing and offering a solution to a pressing social problem through the medium of a best-selling, middlebrow text.

This thesis explores the tension between fiction and reality in Cornelia Funke’s novel Tintenherz (Inkheart), and the importance of the figure and the function of the author as an influential character of the perception of both. I argue that Tintenherz challenges traditional distinctions between reality and fiction, which are aimed at affecting the reader’s understanding of his/her reality. While this blurring of boundaries is evident in a number of instances throughout the text, it can best be seen in the figure of the intradiegetic author who has also written a novel called “Tintenherz.” This fictional author can interact with his literary figures and influence both the hypodiegetic and his own (intradiegetic) world by adding to the text even after it has been published, thereby challenging the distinction between both reality and fiction, the narrated world and the book itself. The starting point of my analysis is Roland Barthes’ claim of the “Death of the Author” (1968), which conceives of the author as a “writerly” function that is only present in the creation of the text, rendering the author redundant for the analysis of the text. As Michel Foucault argues, however, the author has to be considered in the interpretation because he/she functions as the authority that forms the discourses contained in the text. Fotis Jannidis goes even further by asserting that there are several functions that can be fulfilled by the author, by the text itself or by the reader. Tintenherz presents another concept of the character of the author (Fenoglio), which I examine in this thesis, based on both how other characters and Fenoglio view the author’s role in the novel. In the first part of my thesis I explain the “book-within-a-book”-motif that is the foundation of the Tintenwelt (the world that is created in “Tintenherz”) as well as of the blurring between reality and fiction. The borders between the two narrated worlds can be crossed by characters from both worlds under certain circumstances. Since the characters experience both worlds as “real,” the status of both is uncertain. Fenoglio, the author of “Tintenherz,” is influential in that he can change both the storyline and the narrated world itself. This author, however, is dependent on a reader, who can bring the literary characters and objects to life so that they appear in his/her world. I still argue that the character of the author is the main authority on changing narrated worlds. Contrary to Barthes’ concept of an author who is only present in his/her own text, Funke’s fictional character Fenoglio is influential and wields a large amount of power over the world in which he lives, as well as over the world he created. The presence of the author as a character in the text has an effect on the perception of reality and fiction because he must interact with characters that emerge from his own fictional work. The empirical author Funke also contributes to this reexamination of the status of reality. Funke set up a homepage through which she can interact with her readers, turning passive readers into a community of active writers and respondents. She claims that it is in her interest to encourage her readers to reflect on their own world. Using quotations from other literary texts, she also establishes a tension between several fictional works or worlds. My thesis shows the different ways in which the status of fiction and reality are questioned and challenged. I conclude that the author contributes to this questioning: Funke foregrounds the image of the author in the book which makes the readers aware of its function and the functions Jannidis describes. She also presents herself as an influential author, implicitly refuting Barthes’ claim of the “Death of the Author.”

Is it really possible to create a (literary) text? It is actually impossible as to create an authentic text we need an authentic context which is impossible to create. So all the literary txets we have are not authentic and are not created authentically.

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This thesis explores the tension between fiction and reality in Cornelia Funke’s novel Tintenherz (Inkheart), and the importance of the figure and the function of the author as an influential character of the perception of both. I argue that Tintenherz challenges traditional distinctions between reality and fiction, which are aimed at affecting the reader’s understanding of his/her reality. While this blurring of boundaries is evident in a number of instances throughout the text, it can best be seen in the figure of the intradiegetic author who has also written a novel called “Tintenherz.” This fictional author can interact with his literary figures and influence both the hypodiegetic and his own (intradiegetic) world by adding to the text even after it has been published, thereby challenging the distinction between both reality and fiction, the narrated world and the book itself. The starting point of my analysis is Roland Barthes’ claim of the “Death of the Author” (1968), which conceives of the author as a “writerly” function that is only present in the creation of the text, rendering the author redundant for the analysis of the text. As Michel Foucault argues, however, the author has to be considered in the interpretation because he/she functions as the authority that forms the discourses contained in the text. Fotis Jannidis goes even further by asserting that there are several functions that can be fulfilled by the author, by the text itself or by the reader. Tintenherz presents another concept of the character of the author (Fenoglio), which I examine in this thesis, based on both how other characters and Fenoglio view the author’s role in the novel. In the first part of my thesis I explain the “book-within-a-book”-motif that is the foundation of the Tintenwelt (the world that is created in “Tintenherz”) as well as of the blurring between reality and fiction. The borders between the two narrated worlds can be crossed by characters from both worlds under certain circumstances. Since the characters experience both worlds as “real,” the status of both is uncertain. Fenoglio, the author of “Tintenherz,” is influential in that he can change both the storyline and the narrated world itself. This author, however, is dependent on a reader, who can bring the literary characters and objects to life so that they appear in his/her world. I still argue that the character of the author is the main authority on changing narrated worlds. Contrary to Barthes’ concept of an author who is only present in his/her own text, Funke’s fictional character Fenoglio is influential and wields a large amount of power over the world in which he lives, as well as over the world he created. The presence of the author as a character in the text has an effect on the perception of reality and fiction because he must interact with characters that emerge from his own fictional work. The empirical author Funke also contributes to this reexamination of the status of reality. Funke set up a homepage through which she can interact with her readers, turning passive readers into a community of active writers and respondents. She claims that it is in her interest to encourage her readers to reflect on their own world. Using quotations from other literary texts, she also establishes a tension between several fictional works or worlds. My thesis shows the different ways in which the status of fiction and reality are questioned and challenged. I conclude that the author contributes to this questioning: Funke foregrounds the image of the author in the book which makes the readers aware of its function and the functions Jannidis describes. She also presents herself as an influential author, implicitly refuting Barthes’ claim of the “Death of the Author.”

This thesis examines Oscar Wilde, George Gissing and the challenges of aesthetic authorship in the literary marketplace of the 1890s. Using Pater’s formulation of the aesthetic as a basis for my understanding, I argue that the commodity-driven changes that transformed the literary marketplace at the end of the nineteenth century created insurmountable obstacles for authors working within the aesthetic ideal. I examine the conflict between the demands of the aesthetic and those of the literary market through two specific notions of ‘utility’. In the first instance, following Regenia Gagnier’s The Insatiability of Human Wants, I explore the seemingly opposed notions of economic utility and aesthetic authorship and how they appear to merge, with examples from the fictional prose of Wilde and Gissing. I then explore the public’s use of the aesthetic, which, I argue, is discernible in the celebrity-status of these authors; in particular, I focus on the growing need for authors to perform for their public—a need which signals a shift in the public’s consumption of art away from the literary work and towards the author himself. / As both forms of utility are essential aspects of literary production, yet also pose unaesthetic demands on the author, I examine how Wilde and Gissing respond to these challenges through their literary prose. Taking The Picture of Dorian Gray [1891] and New Grub Street [1891] in addition to Gissing’s The Whirlpool [1897] and Born In Exile [1892] and Wilde’s “The Remarkable Rocket” [1888] and “The Soul of Man Under Socialism” [1891], alongside both authors’ letters and contributions to journals and magazines of the day, I reveal how their aesthetic idealism shapes their writing in an oppositional manner. Despite the overt differences between Wilde and Gissing, I also find striking similarities in their positioning as aesthetic authors in the late-Victorian literary field. By doing so, my thesis comprehensively examines how both authors mediate their aesthetic ideals in the literary marketplace of the 1890s.