Privilege and Property
Privilege and Property

Author: Ronan Deazley

Publisher: Open Book Publishers

Published: 2010

Total Pages: 438

ISBN-13: 190692418X

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What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.

Who Owns the News?
Who Owns the News?

Author: Will Slauter

Publisher: Stanford University Press

Published: 2019-01-29

Total Pages: 455

ISBN-13: 1503607720

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Can a free press survive in an era of free content? An “entertaining and well-written” examination of copyright law, its history, and its purpose (New York Law Journal). You can’t copyright facts, but is news a category unto itself? Without legal protection for the “ownership” of news, what incentive does a news organization have to invest in producing quality journalism that serves the public good? Can a free press survive in the era of free content? This book explores the intertwined histories of journalism and copyright law in the United States and Great Britain, revealing how shifts in technology, government policy, and publishing strategy have shaped the media landscape. Publishers have long sought to treat news as exclusive to protect their investments against copying or “free riding.” But over the centuries, arguments about the vital role of newspapers and the need for information to circulate have made it difficult to defend property rights in news. Beginning with the earliest printed news publications and ending with the Internet, Will Slauter traces these countervailing trends, offering a fresh perspective on debates about copyright and efforts to control the flow of news. “A well-written, thoughtful book, demonstrating how copyright law has struggled to keep up with the development of news culture, setting out the historical context in great detail and supported by much research, and with interesting conclusions and predictions for the future. It is unreservedly recommended.” ––European Intellectual Property Review

The True History of Copyright
The True History of Copyright

Author: Benedict Atkinson

Publisher: Sydney University Press

Published: 2007

Total Pages: 527

ISBN-13: 192089845X

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How did copyright laws come into being? Were they designed to encourage production and dissemination? Critics claim that laws facilitate predatory pricing and controls, denying people access to material. Advocates argue that legislation creates productive incentives. Without legal safeguards creators and producers will produce much less.

On the Origin of the Right to Copy
On the Origin of the Right to Copy

Author: Ronan Deazley

Publisher: Bloomsbury Publishing

Published: 2004-07-31

Total Pages: 290

ISBN-13: 1847310389

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Taking as its point of departure the lapse of the Licensing Act 1662 in 1695, this book examines the lead up to the passage of the Statute of Anne 1709 and charts the movement of copyright law throughout the eighteenth century, culminating in the House of Lords decision in Donaldson v Becket (1774). The established reading of copyright's development throughout this period, from the 1709 Act to the pronouncement in Donaldson, is that it was transformed from a publisher's right to an author's right; that is, legislation initially designed to regulate the marketplace of the bookseller and publisher evolved into an instrument that functioned to recognise the proprietary inevitability of an author's intellectual labours. The historical narrative which unfolds within this book presents a challenge to that accepted orthodoxy. The traditional analysis of the development of copyright in eighteenth-century Britain is revealed as exhibiting the character of long-standing myth, and the centrality of the modern proprietary author as the raison d'être of the copyright regime is displaced.

Pirates and Publishers
Pirates and Publishers

Author: Fei-Hsien Wang

Publisher: Princeton University Press

Published: 2022-06-07

Total Pages: 368

ISBN-13: 0691202680

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A detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge.

Authors and Apparatus
Authors and Apparatus

Author: Monika Dommann

Publisher: Cornell University Press

Published: 2019-03-15

Total Pages: 280

ISBN-13: 1501734989

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Copyright is under siege. From file sharing to vast library scanning projects, new technologies, actors, and attitudes toward intellectual property threaten the value of creative work. However, while digital media and the Internet have made making and sharing perfect copies of original works almost effortless, debates about protecting authors' rights are nothing new. In this sweeping account of the evolution of copyright law since the mid-nineteenth century, Monika Dommann explores how radical media changes—from sheet music and phonographs to photocopiers and networked information systems—have challenged and transformed legal and cultural concept of authors' rights. Dommann provides a critical transatlantic perspective on developments in copyright law and mechanical reproduction of words and music, charting how artists, media companies, and lawmakers in the United States and western Europe approached the complex tangle of technological innovation, intellectual property, and consumer interests. From the seemingly innocuous music box, invented around 1800, to BASF's magnetic tapes and Xerox machines, she demonstrates how copyright has been continuously destabilized by emerging technologies, requiring new legal norms to regulate commercial and private copying practices. Without minimizing digital media's radical disruption to notions of intellectual property, Dommann uncovers the deep historical roots of the conflict between copyright and media—a story that can inform present-day debates over the legal protection of authorship.

Digital Copyright
Digital Copyright

Author: Jessica Litman

Publisher: Prometheus Books

Published:

Total Pages: 216

ISBN-13: 161592051X

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Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.

The Object of Copyright
The Object of Copyright

Author: Stina Teilmann-Lock

Publisher: Routledge

Published: 2015-07-24

Total Pages: 173

ISBN-13: 1317804597

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Recent years have seen a number of pressing developments in copyright law: there has been an enormous increase in the range and type of work accorded protection; the concept of the ‘original work’ has entered into national copyright acts; and intangible entities are now entitled to protection by copyright. All these are consequences of legislative and technological developments that can be traced back over two centuries and more. the result. This book presents an interdisciplinary study of the growth of copyright law, largely based on archival research and on archival materials only recently made available online. The new history here articulated helps to explain why print is no longer today the sole or even the chief object of copyright protection. Taking its key examples from British, French and Danish copyright law, the book begins by exploring how the earliest copyright laws emerged out of the technological understanding of a printed ‘copy,’ and out of the philosophical notions of originals and copies, tangibles and intangibles. Dr Teilmann-Lockgoes on to examine the concept of the ‘work’ as it develops both conceptually and legally, as the object of protection, and then explains how, in a curious consequence, 'the work' turns the ‘copy’ into the 'mere' material instantiation of the intangible 'original'. The book concludes by addressing the considerable and complicated problems now emerging in copyright law following the inclusion of design within the scope of its protection. In this field Danish law, striving to protect Danish design, has been setting the trend for over a hundred years. In its examination of terminological exchanges between the diverse legal traditions and philosophical discourse, and in its thorough investigation of particular terms central to copyright legislation, this interdisciplinary book will be of great interest to scholars and students of copyright and intellectual property law; it also makes an important contribution to literary studies, legal history and cultural theory.