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
The Roman jurist Gaius, probably of the second century, held that where
an artist had painted upon a _tabula_, his was the superior right. And
this opinion was adopted by Tribonian, chief editor of the code of
Justinian, in the sixth century, and was applied in a modern question in
respect to John Leech's drawings upon wood.
{Sidenote: Monastic copyists}
{Sidenote: St. Columba and Finnian}
In the early Christian centuries, the monasteries became the seats of
learning, and the _scriptorium_ or writing room, in connection with the
_librarium_ or _armarium_,--the armory in which the weapons of the faith
were kept,--was the work-shop of the monkish copyists, sometimes working
as a publishing staff under the direction of the _librarius_ or
_armarius_ as chief scribe. The first record of a copyright case is that
of Finnian _v_. Columba in 567, chronicled by Adamnan fifty years later
and cited by Montalembert in "The monks of the West." St. Columba, in
his pre-saintly days, surreptitiously made a copy of a psalter in
possession of his teacher Finnian, and the copy was reclaimed, so the
tradition relates, under the decision of King Dermott, in the Halls of
Tara: "To every cow her calf." The authenticity of the tradition is
questioned by other writers, but the phrase gives the pith of the common
law doctrine of literary property and indicates that in those early
centuries there was a sense of copyright. Monks from other monasteries
came to a noted _scriptorium_ where a specially authentic or valuable
manuscript could be copied, and the privilege of copying sometimes
became the basis of an exchange of copies or of a commercial charge.
Finally different texts of the same work were compared to obtain a
certain or standard text, and the multiplication of such copies became
the basis of a publishing and bookselling trade, in secular as well as
sacerdotal hands, the development of which is traced in detail by George
Haven Putnam in "Books and their makers in the Middle Ages."
{Sidenote: University protection}
Public-domain text, read in full here on John Shaqi.
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