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 Minutes of the College were not open to the inspection of the
public, and it appears that no subject indexes were kept of the
business transacted, while, as before said, no attempts were made to
preserve any list or register of the privileges issued. The printers
and publishers had, therefore, no safe means of ascertaining whether or
not they were infringing a previous copyright.
The average term of the earlier privileges was ten years. In the
latter half of the sixteenth century, however, it became the practice
to grant longer terms. There are examples, in 1569, of privileges of
twenty years, and, in 1596, of twenty-four and twenty-five years. The
terms varied, however, very greatly, and it is difficult to trace the
grounds upon which a longer or a shorter time was decided upon. We find
instances of one year, five years, ten years, fifteen years, etc.
The copyrights run sometimes from the date of the application and
sometimes from that of the publication. After 1505, the practice
obtained of granting prolongations of privileges in cases in which
good cause had been shown for such prolongation. An instance of such
an extension is the case of Leonardo Crasso’s edition of the works of
Polifilo, for which, in 1508, a second copyright term of ten years
was granted on the ground that the wars had prevented the publisher
from getting back his investment. The principal difficulty with these
earlier privileges was the absence of any machinery to secure their
enforcement or the protection of the owners of the copyrights. Brown
says that there is no instance or record of a suit being brought by
one printer against another for infringement of copyright. Complaints
for infringement were presented from time to time to the College or
to the Council of Ten. In 1499, the Council of Ten issued an order to
publishers to respect the copyrights granted to Antonio Moretto of
Brescia.
In 1495, Biondo and Giambattista secured for ten years a privilege
in the Letters of S. Catherine of Siena. The same work was, however,
published by Aldus in 1500, five years before Biondo’s privilege had
expired. The _Letters of Phalaris_ were published in 1498 by Braccio,
and in 1499 by Aldus, and there appears to have been no determination
of the question to whom the privilege or copyright belonged. The whole
business of copyrights resting upon individual privileges fell into
confusion, and the difficulties in the way of protecting literary
property must have seriously interfered with the development of
publishing undertakings.
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