Monday, January 20, 2003

The Intimate Journal of Henri Amiel (selections)

The Intimate Journal of Henri Amiel (selections)

Translated by Mary A. Ward, 1890

March 17, 1868

December 26, 1868

May 13, 1869

April 1, 1870

December 11, 1872

April 3, 1873

Translated by Van Wyck Brooks and Charles Van Wyck Brooks, ©1935. (see copyright notice at bottom) 1
May 3, 1852

May 6, 1852

April 26, 1868

May 21, 1868

February 16, 1871

April 2, 1873

February 15, 1874

February 1, 1876

August 8, 1876

March 24, 1878

March 25, 1878

September 17, 1880

1 This text is copyrighted and is believed to be used in accordance with "Fair use" limitation of the Copyright Act given below. Since the guidelines are not strict, and therefore subject to misapplication, I will make my case as follows:

(1) This copying is being done non commercially as part of a nonprofit gender studies series and for other purposes allowed in the "Fair use" limitation.

(2) This work was published long ago; partly from the passage of time, and partly because of the unpopular views expressed, this work is unknown to many, and by copying such excerpts it is believed that an interest or new interest in the work will be kindled. Furthermore, a check for the year 1999 revealed this work out of print, which one would then think would give a greater latitude to its use as no commercial interest is being affected at this time.

On the issue of whether this translation is more fact than fiction (which would give a greater latitude to its "fair use"), a cursory examination reveals a great similarity between the Ward and Brooks translations, the differences often being a matter of different grammar and syntax choices that give the same meaning. Perhaps the French is a rather clear and easy language to translate, and then the Brooks translation came later (and through the same publisher) which allows the possibility of the earlier Ward translation being used as reference. Whatever the reasons, there seems to be little art or originality in the translation.

(3) The text used is about six pages out of a total work of 675 pages (including introduction and index) - or less than 1% of the entire work.

(4) Taking movie advertisements and book reviews as a clue, it appears that showing colorful clips and excerpts has the effect of causing people to want to take in the rest of the work (see also (2) above.)

I also wish to note that this copying is being done in the public's interest. It is believed by some that what is frequently portrayed in the media as to the relationship of the sexes in this country is false. That such false information assists the passage of discriminatory legislation aimed at the sex portrayed as the oppressor class. The excerpts above are of such a contrary character to what is given as the "truth" today that further comment by myself would seem superfluous.
Sec. 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.