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
In 1649 Parliament provided a penalty of 6_s._ 8_d._ and forfeiture for
the reprinting of registered books, and prohibited presses except at
London, Finsbury, York, and the universities, and in 1662 it added the
requirement of deposit of a copy at the King's library and at each of
the universities. To prevent fraudulent changes in a book after
licensing, it was further required that a copy be deposited with the
licenser at the time of application--apparently the origin of our
record-deposit. With the expiration of these acts in 1679, legislative
penalties lapsed and piracy became common. Charles II in 1684 renewed
the charter of the Stationers' Company, approved its register, and
confirmed to proprietors of books "the sole right, power, and privilege
and authority of printing, as has been usual heretofore." The licensing
act of 1649-62 was revived in 1685, and renewed up to 1694, although the
booksellers now petitioned against it, and eleven peers protested
against subjecting learning to a mercenary and perhaps ignorant
licenser, and destroying the property of authors in their copies. The
law lapsed because of the indignation of the Commons against the
arbitrary power of the license, but the result was the abolition of
statutory penalties, which left the punishment of piracy a matter of
damages at common law, requiring a separate action for each copy sold,
usually against irresponsible people. Piracy again flourished. The right
at common law seems, however, to have been unquestioned, and the Court
of Common Pleas held that a plaintiff who had purchased from the
executors of an author was owner of the property at common law. Owners
of literary property petitioned Parliament, 1703 to 1709, for security
and redress, declaring that the property of English authors had always
been held as sacred among the traders, that conveyance gave just and
legal title, that the property was the same with houses and other
estates, and that existing "copies" had cost at least L50,000, and had
been used in marriage settlements and were the subsistence of many
widows and orphans. This led to the famous statute of Anne, introduced
in 1709, and passed March, 1710, "for the encouragement of learning,"
said to have been drawn in its original form by Swift, which remains the
practical foundation of copyright in England and America to-day.
III
THE DEVELOPMENT OF STATUTORY COPYRIGHT IN ENGLAND
{Sidenote: The statute of Anne as foundation}
Public-domain text, read in full here on John Shaqi.
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