2023

Nicoleta Rodica DOMINTE, Associate Professor, Faculty of Law, University of „Alexandru Ioan Cuza”, Iași, Simona Catrinel AVARVAREI, Associate Professor, Faculty of Law, University of „Alexandru Ioan Cuza”, Iași,, The avant-garde of Romanian letters at the confluence of copyright

DOI: https://www.doi.org/10.31178/AUBD/2023.03 

Abstract: In a law and literature equation, vital concepts of copyright can be mapped and reinterpreted through the lens of literature in the context of an obvious organic connection. Romanian jurists outlined a text of modern law adapted to the protection requirements of the act of intellectual creation in parallel with the movements of avant-garde literature in a constructive integration into the European space. An excellent radiography of the beginning and the flowering period of the Romanian literary avant-garde movement can be read in the book authored by Saşa Pană, Born in ʹ02, initially published in 1973 and republished in 2021, which we analyse from the perspective of a fascinating connection with the field of copyright. Tristan Tzara, Urmuz, Stephan Roll, Saşa Pană, Geo Bogza are only a few Romanian writers who represent the avant-garde literary movement. Their innovations in the field of literature have shaped not only a change of style in literary texts, but a new understanding of the notion of originality, the criterion on the basis of which copyright protection is recognized. The relevance of the effervescent avant-garde movement is confirmed by the revitalization of the art of the word, by the multitude pages of literary magazines in which the authors captured reality under multiple valences, as well as by dissemination beyond Romania's borders. Sometimes, the literary pen names had been a means of concealing one's own identity and promoting one's literary personality without normative constraints. Copyright neutrality has never been a shield for avant-garde writers, who have faced lawsuits because some of their writings conflicted with public morality. Moreover, we appreciate that this Romanian patch of novelty in the art of belles-lettres is a significant expression of exploring new forms of art, while denying traditional ones. Based on these considerations, social, historical and legal implications map the contextual peculiarities of avant-garde in the Romanian literature and society.

Key words: avant-garde, pen-name, originality, immorality, copyright.



« back