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
By 1515, under Leo X, patron of art and letters, the Holy See had
asserted its jurisdiction over copyrights and privileges, not only in
its own territory, but throughout Italy and Germany, and elsewhere,
under pain of spiritual punishments. Fra Felice of Prato, a converted
Jew, had obtained from the Pope a privilege for certain Hebrew works
valid throughout all Europe, the denial or infringement of which was
punishable by excommunication; but he took the precaution to obtain a
privilege also from the Venetian authorities. There is other evidence of
a compromise policy involving approval from the Church before a secular
privilege was granted, especially of theological works. Throughout
Catholic countries the _index expurgatorius_ banned for the most part
the printing of forbidden books; and this made Holland later the chief
centre of printing, since the placing of a work in the _index_ invited
prompt reprint by Dutch publishers. It was perhaps a survival of a
requirement for deposit of such books that Holland so long remained the
only nation in Europe conditioning copyright on deposit of a copy
printed within the country.
{Sidenote: In France}
In France, after the invention of printing, the functions of the
_libraires jures_, under the authority given by the King through the
University of Paris, naturally came to include books, and this relation
was continued until the Revolution of 1789. Copyrights throughout this
period seem to have been in perpetuity. At the beginning of the
fifteenth century, in the times of Louis XII, "letters of the King"
forbade booksellers, printers and other persons to "introduce foreign
impressions" of the books to which such letters were appended. They were
usually issued to printers. In 1537, under Francis I, a work had first
to secure "the King's approval given through the royal librarian," a
copy must be deposited in the library of the royal chateau of Blois, and
the selling of foreign works was permitted only after approval as worthy
of a place in the royal library,--but for these last the library was to
pay the usual price. In 1556 a general ordinance of Henry II defined
literary property, and publication of condemned books was declared
treason. In 1566 the "Ordinance de Moulins" of Charles IX made further
definition; and letters patent of Henry III, in 1576, referred back to
these earlier ordinances. Infringement of such privileges was punished
with especial severity in France, for, as quoted by Lowndes, such
conduct was thought "worse than to enter a neighbor's house and steal
his goods: for negligence might be imputed to him for permitting the
thief to enter: but in the case of piracy of copyright, it was stealing
a thing confided to the public honor." Louis XIV in 1682 visited it with
corporal punishment, and for a second offence decreed in 1686 also that
the offender should be forever disabled from exercising his trade of
bookseller or printer.
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