Copyright Law and the Public Interest in the Nineteenth Century

Copyright Law and the Public Interest in the Nineteenth Century

Author: Isabella Alexander

Publisher: Bloomsbury Publishing

Published: 2010-03-03

Total Pages: 344

ISBN-13: 184731564X

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Copyright law is commonly described as carrying out a balancing act between the interests of authors or owners and those of the public. While much academic work, both historical and contemporary, has been done on the authorship side of the equation, this book examines the notion of public interest, and the way that concepts of public interest and the rhetoric surrounding it have been involved in shaping the law of copyright. While many histories of copyright focus on the eighteenth century, this book's main concern is with the period after 1774. The nineteenth century was the period during which the boundaries of copyright, as we know it today, were drawn and ideas of “public interest” were integral to this process, but in different, and complex, ways. The book engages with this complexity by moving beyond debates about the appropriate duration of copyright, and considers the development of other important features of copyright law, such as the requirement of legal deposit, the principle that some works will not be subject to copyright protection on the grounds of public interest, and the law of infringement. While the focus of the book is on literary copyright, it also traces the expansion of copyright to cover new subject matters, such as music, dramatic works and lectures. The book concludes by examining the making of the 1911 Imperial Copyright Act – the statute upon which the law of copyright in Britain, and in all former British colonies, is based. The history traced in this book has considerable relevance to debates over the scope of copyright law in the present day; it emphasises the contingency and complexity of copyright law's development and current shape, as well as encouraging a critical approach to the justifications for copyright law.


Art and Modern Copyright

Art and Modern Copyright

Author: Elena Cooper

Publisher: Cambridge University Press

Published: 2018-08-16

Total Pages: 319

ISBN-13: 1316843912

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This book is the first in-depth and longitudinal study of the history of copyright protecting the visual arts. Exploring legal developments during an important period in the making of the modern law, the mid-nineteenth to early twentieth centuries, in relation to four themes - the protection of copyright 'authors' (painters, photographers and engravers), art collectors, sitters and the public interest - it uncovers a number of long-forgotten narratives of copyright history, including views of copyright that differ from how we think today. As well as considering the distinct nature of the contribution of copyright to the history of the cultural domain accounted for by scholars of art history and the sociology of art, this book examines the value to lawyers and policy-makers today of copyright history as a destabilising influence: in taking us to ways of thinking that differ from our own, history can sharpen the critical lens through which we view copyright debates today.


Copyright and the Public Interest in China

Copyright and the Public Interest in China

Author: G. H. Tang

Publisher: Edward Elgar Publishing

Published: 2011-11-30

Total Pages: 305

ISBN-13: 0857931075

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'This brilliant amalgam of law, history, social analysis and some Confucian philosophy argues for a distinctive Chinese approach to copyright and the public interest, aligning not only the Western commitment to individual creativity but also supporting public access to and use of works without the consent of the copyright holder. The argument involves fascinating analysis, not only of evolving Chinese attitudes to education, libraries, archives and censorship, but also of the profound significance of the Internet in China today.' Hector MacQueen, University of Edinburgh, UK 'Guan Hong Tang's book offers a fresh, insightful and scholarly treatment of the relationship between the law of copyright and the public interest in China. Copyright legislation in China is a novelty, dating from 1990, and Dr Tang provides a vivid overview of the historical and cultural tensions between traditional Chinese Confucianism and the very concept of copyright, tensions which more recent legislation and case law seek to address.' Gillian Davies, Hogarth Chambers, UK Guan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright individual rights but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalisation and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors. This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science. It will also prove invaluable for lawyers and consultants with expertise in IP and China.


Copyright Law and the Public Interest in the Nineteenth Century

Copyright Law and the Public Interest in the Nineteenth Century

Author: Isabella Alexander

Publisher: Hart Publishing

Published: 2010-03-03

Total Pages: 344

ISBN-13: 9781841137865

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Copyright law is commonly described as carrying out a balancing act between the interests of authors or owners and those of the public. While much academic work, both historical and contemporary, has been done on the authorship side of the equation, this book examines the notion of public interest, and the way that concepts of public interest and the rhetoric surrounding it have been involved in shaping the law of copyright. While many histories of copyright focus on the eighteenth century, this book's main concern is with the period after 1774. The nineteenth century was the period during which the boundaries of copyright, as we know it today, were drawn and ideas of “public interest” were integral to this process, but in different, and complex, ways. The book engages with this complexity by moving beyond debates about the appropriate duration of copyright, and considers the development of other important features of copyright law, such as the requirement of legal deposit, the principle that some works will not be subject to copyright protection on the grounds of public interest, and the law of infringement. While the focus of the book is on literary copyright, it also traces the expansion of copyright to cover new subject matters, such as music, dramatic works and lectures. The book concludes by examining the making of the 1911 Imperial Copyright Act – the statute upon which the law of copyright in Britain, and in all former British colonies, is based. The history traced in this book has considerable relevance to debates over the scope of copyright law in the present day; it emphasises the contingency and complexity of copyright law's development and current shape, as well as encouraging a critical approach to the justifications for copyright law.


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.


The Internationalisation of Copyright Law

The Internationalisation of Copyright Law

Author: Catherine Seville

Publisher: Cambridge University Press

Published: 2006-11-23

Total Pages: 20

ISBN-13: 1139461001

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Technological developments have shaped copyright law's development, and now the prospect of endless, effortless digital copying poses a significant challenge to modern copyright law. Many complain that copyright protection has burgeoned wildly, far beyond its original boundaries. Some have questioned whether copyright can survive the digital age. From a historical perspective, however, many of these 'new' challenges are simply fresh presentations of familiar dilemmas. This book explores the history of international copyright law, and looks at how this history is relevant today. It focuses on international copyright during the nineteenth century, as it affected Europe, the British colonies (particularly Canada), America, and the UK. As we consider the reform of modern copyright law, nineteenth-century experiences offer highly relevant empirical evidence. Copyright law has proved itself robust and flexible over several centuries. If directed with vision, Seville argues, it can negotiate cyberspace.


Research Handbook on the History of Copyright Law

Research Handbook on the History of Copyright Law

Author: Isabella Alexander

Publisher: Edward Elgar Publishing

Published: 2016-03-25

Total Pages: 495

ISBN-13: 1783472405

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There has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. Crucial to this activity has been a burgeoning focus on unpublished primary sources, enabling new and stimulating insights. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.


Technology and the Public Interest

Technology and the Public Interest

Author: Haochen Sun

Publisher: Cambridge University Press

Published: 2022-04-21

Total Pages: 205

ISBN-13: 1108416969

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A new approach to developing and applying technology in the public interest.