From 37f59859aa607930760eaabe7f54fe01e248d412 Mon Sep 17 00:00:00 2001 From: Petter Reinholdtsen Date: Thu, 6 Sep 2012 08:16:35 +0200 Subject: [PATCH] Add several indexterm entries after comparing with the ones in http://www.jus.uio.no/sisu/src/free_culture.lawrence_lessig.sst. --- freeculture.xml | 80 +++++++++++++++++++++++++++++++++++++++++++------ 1 file changed, 71 insertions(+), 9 deletions(-) diff --git a/freeculture.xml b/freeculture.xml index 59eaf0a..1feb176 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -4718,6 +4718,11 @@ from the implications that the copyright warriors would have us draw. CHAPTER SIX: Founders booksEnglish copyright law developed for +copyright l +awdevelopment of +copyright lawEnglish +England, copyright laws developed in +United Kingdomhistory of copyright law in Branagh, Kenneth Henry V Shakespeare, William @@ -4766,7 +4771,9 @@ one else could publish copies of a book to which they held the copyright. Prices of the classics were thus kept high; competition to produce better or cheaper editions was eliminated. -British Parliament +British Parliament +copyrightduration of +copyrightrenewability of Statute of Anne (1710) Now, there's something puzzling about the year 1774 to anyone who @@ -4787,6 +4794,8 @@ Tonson's control in 1774? +lawcommon vs. positive +positive law Licensing Act (1662) The reason is that the English hadn't yet agreed on what a copyright @@ -4799,6 +4808,8 @@ published. But after it expired, there was no positive law that said that the publishers, or Stationers, had an exclusive right to print books. + +common law There was no positive law, but that didn't mean that there was no law. The Anglo-American legal tradition looks to @@ -4811,6 +4822,11 @@ background only if it passes a law to displace it. And so the real question after the licensing statutes had expired was whether the common law protected a copyright, independent of any positive law. + +Conger +British Parliament +Scottish publishers +Statute of Anne (1710) This question was important to the publishers, or booksellers, as they were called, because there was growing competition from foreign @@ -4823,6 +4839,7 @@ to again give them exclusive control over publishing. That demand ultimately resulted in the Statute of Anne. +copyrightas narrow monopoly right The Statute of Anne granted the author or proprietor of a book an exclusive right to print that book. In an important limitation, @@ -4832,12 +4849,16 @@ copyright expired, and the work would then be free and could be published by anyone. Or so the legislature is thought to have believed. + Now, the thing to puzzle about for a moment is this: Why would Parliament limit the exclusive right? Not why would they limit it to the particular limit they set, but why would they limit the right at all? + +Shakespeare, William +Romeo and Juliet (Shakespeare) For the booksellers, and the authors whom they represented, had a very strong claim. Take Romeo and Juliet as an example: That play @@ -4856,6 +4877,7 @@ about the notion of copyright that existed at the time of the Statute of Anne. Second, we have to see something important about booksellers. +copyrightusage restrictions attached to First, about copyright. In the last three hundred years, we have come to apply the concept of copyright ever more broadly. But in 1710, it @@ -4872,6 +4894,7 @@ the author the exclusive right to copy, the exclusive right to distribute, the exclusive right to perform, and so on. Branagh, Kenneth +Shakespeare, William So, for example, even if the copyright to Shakespeare's works were perpetual, all that would have meant under the original meaning of the @@ -4883,6 +4906,7 @@ allowed to make his films. The copy-right was only an exclusive right to print—no less, of course, but also no more. Henry VIII, King of England +monopoly, copyright as Statute of Monopolies (1656) Even that limited right was viewed with skepticism by the British. @@ -4906,7 +4930,10 @@ have it forever.) The state would protect the exclusive right, but only so long as it benefited society. The British saw the harms from specialinterest favors; they passed a law to stop them. -booksellers, English +Milton, John +booksellers, English +Conger +copyrightduration of Second, about booksellers. It wasn't just that the copyright was a monopoly. It was also that it was a monopoly held by the booksellers. @@ -4927,6 +4954,8 @@ Philip Wittenberg, The Protection and Marketing of Literary Property (New York: J. Messner, Inc., 1937), 31. +Enlightenment +knowledge, freedom of Many believed the power the booksellers exercised over the spread of knowledge was harming that spread, just at the time the Enlightenment @@ -4935,6 +4964,7 @@ generally. The idea that knowledge should be free was a hallmark of the time, and these powerful commercial interests were interfering with that idea. +British Parliament To balance this power, Parliament decided to increase competition among booksellers, and the simplest way to do that was to spread the @@ -4947,6 +4977,9 @@ to fight the power of the booksellers. The limitation on terms was an indirect way to assure competition among publishers, and thus the construction and spread of culture. +Statute of Anne (1710) + +copyrightin perpetuity When 1731 (1710 + 21) came along, however, the booksellers were getting anxious. They saw the consequences of more competition, and @@ -4982,6 +5015,11 @@ al., 8, Eldred v. Ashcroft, 537 U. + + +common law +lawcommon vs. positive +positive law Having failed in Parliament, the publishers turned to the courts in a series of cases. Their argument was simple and direct: The Statute of @@ -4997,7 +5035,10 @@ they had the right to ban the publication of a book, even if its Statute of Anne copyright had expired. This, they argued, was the only way to protect authors. + +Donaldson, Alexander Patterson, Raymond +Scottish publishers This was a clever argument, and one that had the support of some of the leading jurists of the day. It also displayed extraordinary @@ -5065,6 +5106,8 @@ The London booksellers quickly brought suit to block piracy like Donaldson's. A number of actions were successful against the pirates, the most important early victory being Millar v. Taylor. + + Seasons, The (Thomson) Taylor, Robert @@ -5126,6 +5169,8 @@ the House of Lords, which functioned much like our own Supreme Court. In February of 1774, that body had the chance to interpret the meaning of Parliament's limits from sixty years before. +Donaldson v. Beckett +common law As few legal cases ever do, Donaldson v. Beckett drew an enormous amount of attention throughout Britain. Donaldson's lawyers @@ -5143,6 +5188,8 @@ members of special legal distinction who functioned much like the Justices in our Supreme Court. Then, after the law lords voted, the House of Lords generally voted. +copyrightin perpetuity +public domainEnglish legal establishment of The reports about the law lords' votes are mixed. On some counts, it looks as if perpetual copyright prevailed. But there is no ambiguity @@ -5153,6 +5200,11 @@ Whatever one's understanding of the common law, now a copyright was fixed for a limited time, after which the work protected by copyright passed into the public domain. +Bacon, Francis +Bunyan, John +Johnson, Samuel +Milton, John +Shakespeare, William The public domain. Before the case of Donaldson v. Beckett, there was no clear idea of a public domain in @@ -5162,12 +5214,11 @@ born. For the first time in Anglo-American history, the legal control over creative works expired, and the greatest works in English history—including those of Shakespeare, Bacon, Milton, Johnson, and Bunyan—were free of legal restraint. -Bacon, Francis -Bunyan, John -Johnson, Samuel -Milton, John -Shakespeare, William + + + +Scottish publishers It is hard for us to imagine, but this decision by the House of Lords fueled an extraordinarily popular and political reaction. In Scotland, @@ -5202,6 +5253,8 @@ Ibid. +House of Lords +free cultureEnglish legal establishment of Ruined is a bit of an exaggeration. But it is not an exaggeration to @@ -5224,15 +5277,24 @@ context, not a context in which the choices about what culture is available to people and how they get access to it are made by the few despite the wishes of the many. - + +British Parliament At least, this was the rule in a world where the Parliament is antimonopoly, resistant to the protectionist pleas of publishers. In a world where the Parliament is more pliant, free culture would be less protected. - + + + + + + + + + -- 2.51.0