Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
INDEX 677-709
CONSPECTUS OF COPYRIGHT BY COUNTRIES _precedes_ CONTENTS
COPYRIGHT
ITS HISTORY AND ITS LAW
I
THE NATURE AND ORIGIN OF COPYRIGHT
{Sidenote: Copyright, meaning}
Copyright (from the Latin _copia_, plenty) means, in general, the right
to copy, to make plenty. In its specific application it means the right
to multiply copies of those products of the human brain known as
literature and art.
There is another legal sense of the word "copyright" much emphasized by
several English justices. Through the low Latin use of the word _copia_,
our word "copy" has a secondary and reversed meaning, as the pattern to
be copied or made plenty, in which sense the schoolboy copies from the
"copy" set in his copy-book, and the modern printer calls for the
author's "copy."
{Sidenote: Its two senses}
Copyright, accordingly, may also mean the right in copy made (whether
the original work or a duplication of it), as well as the right to make
copies, which by no means goes with the work or any duplicate of it.
Said Lord St. Leonards in the case of Jefferys v. Boosey in 1854: "When
we are talking of the right of an author we must distinguish between the
mere right to his manuscript, and to any copy which he may choose to
make of it, as his property, just like any other personal chattel, and
the right to multiply copies to the exclusion of every other person.
Nothing can be more distinct than these two things. The common law does
give a man who has composed a work a right to that composition, just as
he has a right to any other part of his personal property; but the
question of the right of excluding all the world from copying, and of
himself claiming the exclusive right of forever copying his own
composition after he has published it to the world, is a totally
different thing." Baron Parke, in the same case, pointed out expressly
these two different legal senses of the word copyright, the right _in_
copy, a right of possession, always fully protected by the common law,
and the right _to_ copy, a right of multiplication, which alone has been
the subject of special statutory protection.
{Sidenote: Blackstone}
Public-domain text, read in full here on John Shaqi.
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