Privilege and Property. Essays on the History of Copyright.
What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership – of privilege and property.
This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech ‘For the Liberty of Unlicensed Printing’, accuses the English parliament of having been deceived by the ‘fraud of some old patentees and monopolizers in the trade of bookselling’ (i.e. the London Stationers’ Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts.
The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org
Table of Contents.
Introduction. The History
of Copyright History: Notes from an Emerging Discipline, Martin Kretschmer,
with Lionel Bently and Ronan Deazley.
1. From Gunpowder to
Print: The Common Origins of Copyright and Patent, Joanna Kostylo.
2. ‘A Mongrel of Early
Modern Copyright’: Scotland
in European Perspective, Alastair J. Mann.
3. The Public Sphere and
the Emergence of Copyright: Areopagitica, the Stationers’ Company, and the
Statute of Anne, Mark Rose.
4. Early American Printing
Privileges. The Ambivalent Origins of Authors’ Copyright in America, Oren
Bracha.
5. Author and Work in the
French Print Privileges System: Some Milestones, Laurent Pfister.
6. A Venetian Experiment
on Perpetual Copyright, Maurizio Borghi.
7. Copyright Formalities and the Reasons for their
Decline in Nineteenth Century Europe, Stef
van Gompel.
8. The Berlin Publisher Friedrich Nicolai and the
Reprinting Sections of the Prussian Statute Book of 1794, Friedemann Kawohl.
9. Nineteenth Century Controversies
Relating to the Protection of Artistic Property in France, Frédéric Rideau.
10. Maps, Views and
Ornament: Visualising Property in Art and Law. The Case of Pre-modern France, Katie
Scott.
11. Breaking the Mould?
The Radical Nature of the Fine Arts Copyright Bill 1862, Ronan Deazley.
12. ‘Neither Bolt nor
Chain, Iron Safe nor Private Watchman, Can Prevent the Theft of Words’: The
Birth of the Performing Right in Britain, Isabella Alexander.
13. The Return of the
Commons – Copyright History as a Common Source, Karl-Nikolaus Peifer.
14. The Significance of
Copyright History for Publishing History and Historians, John Feather.
15. Metaphors of
Intellectual Property, William St Clair.
Bibliography.
Index.
No. of pages: 450
No. of Illustrations: 11
Ronan Deazley is Professor of Law at the University of Glasgow.
He is the author of
On the Origin of the Right to Copy: Charting the
Movement of Copyright Law in Eighteenth Century Britain (1695-1775) (2004)
and
Rethinking Copyright: History, Theory, Language (2006, 2008).
Martin Kretschmer is Professor of Information Jurisprudence
and Director of the Centre for Intellectual Property Policy & Management
(CIPPM) at Bournemouth University,
UK. His
research includes a long-term project on artists’ labour markets and earnings
funded by the Arts Council and Collecting Societies ALCS and DACS, as well as
numerous interdisciplinary studies addressing specific policy issues (funders
include European Commission, Economic and Social Research Council (ESRC), and
the UK Strategic Advisory Board for IP Policy).
Lionel Bently is the Herchel Smith Professor of Intellectual
Property Law at the University of Cambridge, and Director of the Centre for
Intellectual Property and Information Law, Cambridge. His published works include: The
Making of Modern Intellectual Property Law (with Brad Sherman) (1999) and Intellectual
Property Law, 3rd ed (2008).
Lionel
Bently and Martin Kretschmer are joint project directors of the Arts and
Humanities Research Council (AHRC) funded digital archive: Primary Sources
on Copyright (1450-1900) <http://www.copyrighthistory.org>.

Privilege and Property. Essays on the History of Copyright edited by Ronan Deazley, Martin Kretschmer and Lionel Bently is licensed under a Creative Commons Attribution-Noncommercial-No Derivative
Works 2.0 UK: England & Wales License.