International copyright : $b considered in some of its relations to ethics and political economy — John Shaqi
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
In France perpetual copyright was guaranteed from very early times.
The Ordinances of Moulines of 1556, the Declaration of Charles IX. in
1571, and the letters-patent of Henry III. constituted the ancient
legislation on the subject, but the sovereign had a right to refuse
the guarantee whenever he thought desirable. In 1761 the Council of
State continued to a grandson of La Fontaine the privilege that his
grandfather possessed, on condition, however, that he should not
assign it to a bookseller. The Revolution of 1789 modified this
regime, and now copyright is guaranteed to authors and their widows
during their lives, to their children, for twenty years; and if they
leave no children, to their heirs for ten years only. According to
French law, a French subject does not injure his copyright by
publishing his work first in a foreign country. No matter where the
publication takes place, copyright forthwith accrues in France on his
behalf, and on the necessary deposit being effected, its infringement
may be proceeded against in a French court. Moreover, a foreigner
publishing in France will enjoy the same copyright as a native, and
this whether he has previously published in his own or in any other
country or not. In Germany and in Austria copyright continues for the
authors life and for thirty years after his death. The longest term of
copyright is conceded in Italy, where it endures for the life of the
author and forty years, with a second term of forty years, during
which last any one can publish the work upon paying the royalty to the
author or his assigns. The shortest term of copyright exists in
Greece, where it endures for but fifteen years from publication.
In the United States, by the law of 1831, the term is for twenty-eight
years, with the right of renewal to the author, his wife or his
children, for fourteen years further. The renewal must be recorded
within six months before the expiration of the first term of
twenty-eight years.
Drone says:
"In the United States the authorities have been divided not less
than in England regarding the origin and nature of literary
property. Indeed, the doctrines there prevalent have ruled our
courts. In 1834, in the case of Wheaton _vs._ Peters, the same
question came before the Supreme Court, that had been decided by
the Court of King's Bench in 1769, and by the House of Lords in
1774--namely, whether copyright in a published work existed by
common law; and if so, whether it had been taken away by statute.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account