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 1841, under the leadership of Serjeant Talfourd, author of "Ion" and
other dramatic works, a new copyright bill was presented to the House of
Commons, in the preparation of which George Palmer Putnam, the American
publisher, then resident in London, had been consulted. It provided for
compulsory registration and extended the term to life and thirty years.
The bill attracted little attention and met with no opposition until the
second reading, when Lord Macaulay, a bachelor, interested in fame
rather than profit to an author or his descendants, attacked the bill
and "the great debate" ensued. Macaulay offered a bill limiting
copyright to the life of the author, but finally assented to a
compromise, by which the term was made forty-two years or the life of
the author and seven years, whichever the longer. The resulting
copyright act of 1842 (5 & 6 Victoria, c. 45) presented a new code of
copyright, covering the ground of previous laws, but not in terms
repealing them. As a result, provisions not specifically repealed or
superseded remained in force, and the act of 1842, though serving since
as the basic act, has had to be construed with the previous acts in
view. The bill practically preserved, however, the restrictions of the
statute of Anne. The term of forty-two years or life and seven years is
applied to articles in periodicals, but the right in these reverts to
the author after twenty-eight years. The Judicial Committee of the Privy
Council may authorize the publication of a work which after the author's
death the proprietor of the copyright refuses to republish.
{Sidenote: Protection of designs}
In the same year, 1842, there was passed also a copyright in designs
act, covering designs for articles of manufacture, consolidating
previous laws on this specific subject from 1787 to 1839 (two bills in
this last year having extended protection to printing designs for woolen
and other fabrics and to articles of manufacture generally), and
providing for a registrar for such designs,--in which act the careless
use of the word "ornamenting" seemed so to limit the scope that an
amendatory act was passed in 1843.
{Sidenote: Subsequent acts}
Public-domain text, read in full here on John Shaqi.
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