Books and their makers during the Middle Ages : $b A study of the conditions of the production and distribution of literature from the fall of the Roman empire to the close of the seventeenth century, Vol. IIPutnam, George Haven
History
Books and their makers during the Middle Ages : $b A study of the conditions of the production and distribution of literature from the fall of the Roman empire to the close of the seventeenth century, Vol. II
Putnam, George Haven
Books -- History -- 400-1450; Copyright; Freedom of the press -- History -- To 1500; Manuscripts; Printers
The second class of privilege was that securing to an author the
copyright in his production. This constitutes, of course, a recognition
of the existence of literary property and of the rights of literary
producers. The earliest record of such a copyright in Venice (and
also the earliest for Italy) bears date September 1, 1486. It secures
to Mr. Antonio Sabellico, historian to the Republic, for apparently
an indefinite term, the sole right to publish, or to authorise the
publication of, his _Decades rerum Venetarium_. The penalty for
infringement was five hundred ducats. The words of the concession are
worth quoting, as, in securing for the author a literary proprietorship
in his work, it established a precedent of great importance:
_Quod opus prefatum per Marcum Antonium prefatum dari possit alicui
diligenti impressori qui opus illud imprimat suis sumptibus et edat et
nemini præter eum liceat opus illud imprimi facere._[144]
In the year 1493, a more formal and explicit recognition of literary
proprietorship was given in the privilege granted to Daniele Barbaro,
securing to him for ten years a copyright in the work of his deceased
brother Hermolao Barbaro, the _Castigationes Plinii_. In January, 1492,
a copyright for an unspecified term was granted to Peter of Ravenna for
his work _Phœnix_ or _Fœnix_. The form used is the same as that of the
privilege given to Sabellico. No one is to print the work except under
the authority of the author. Klostermann and others have referred to
this privilege for Peter’s _Phœnix_ as the earliest instance in Europe
of government recognition of an author’s copyright, but, as we have
seen, the protection given to Sabellico antedates this by nearly six
years.
The third class of privilege is that securing to an editor or
publisher a copyright for works not of his own (literary) production,
and it is of this class that the instances are the most numerous. The
earliest example of a copyright to an editor is that granted, in 1493,
to Joannes Nigro for his edition of _Haliabas_. The formula is the same
as that used in the copyrights to authors. In the same year a copyright
(also without a term limitation) was given to the printer-publisher
Bernadino de Benaliis for the work by Giustiniani, entitled _De Origine
Urbis Venetiarum_.[145]
In connection with this class of copyrights, abuses soon arose.
Copyrights were secured by a number of printers, or printer-publishers,
for works which they never issued, and which, in not a few cases, they
apparently never intended to issue. The possession of these privileges
was used to obtain from _bona fide_ publishers purchase moneys for
which no service had been rendered either to the community or to the
individuals, and when these moneys could not be afforded or were not
paid, there resulted a block in publishing undertakings.
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