International copyright : $b considered in some of its relations to ethics and political economyPutnam, George Haven
Philosophy
International copyright : $b considered in some of its relations to ethics and political economy
Putnam, George Haven
Copyright, International
"The existence of literary property," says Drone, "is traced back by
record to 1558, when an entry of copies appears in the register of the
Company of Stationers of London." Between 1558 and 1710 there was no
legislation creating this property or confining ownership, nor any
abridging its perpetuity or restricting its enjoyment. It was
understood, therefore, to owe its existence to common law, and this
conclusion, arrived at by the weightiest authorities, remained
practically unquestioned until 1774. During this earlier period there
were some instances of the recognition of literary property, but the
earliest reported case concerning such property occurred in 1666, in
which the House of Lords unanimously agreed that "a copyright was a
thing acknowledged at common law." A licensing act, passed in
Parliament in 1674, and expiring in 1679, prohibited, under pain of
forfeiture, the printing of any work without the consent of the owner.
But the first act attempting to fully define and protect copyright in
Great Britain was that of 1710, known as the 8th of Anne. It was
entitled "An Act for the Encouragement of Learning," and, declaring
that an author should have the sole right of publishing his book,
prescribed penalties against any who should infringe that right. Its
evident intention was to more clearly establish, and make more easily
defensible, the rights of authors, but curiously enough it had for its
effect a very material limitation of those rights.
It provided, namely, that copyright should be secured to the author or
his assigns for fourteen years, with a privilege of renewal to the
author or his representatives for fourteen years longer. This
privilege of renewal was not conveyed to any one who might have
purchased the author's copyright. It was supposed for a long time that
this statute had not interfered with any rights that authors might
possess at common law, and in the oft-cited case of Millar _vs._
Taylor in 1769, in regard to a reprint of Thomson's "Seasons," a
majority of the judges of the King's Bench (including among them Lord
Mansfield) gave it as their opinion that the act was _not_ intended to
destroy, and had not destroyed, copyright at common law, but had
simply protected it more efficiently during the periods specified. The
opinion delivered by Lord Mansfield, as chief justice of the court,
remains one of the strongest and most conclusive statements of the
property-rights of authors, and has been termed one of the grandest
judgments in English judicial literature. Its conclusion is as
follows:
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