Literary Copyright Reform in Early Victorian England :The Framing of the 1842 Copyright Act ( Cambridge Studies in English Legal History )

Publication subTitle :The Framing of the 1842 Copyright Act

Publication series :Cambridge Studies in English Legal History

Author: Catherine Seville;  

Publisher: Cambridge University Press‎

Publication year: 1999

E-ISBN: 9781316928684

P-ISBN(Paperback): 9780521621755

P-ISBN(Hardback):  9780521621755

Subject: D909.9 法制史

Keyword: 法律

Language: ENG

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Description

This text was the first study of the controversial bills leading to the Copyright Act 1842. This text was the first study of the bills leading to the Copyright Act 1842, during which Talfourd sought to reform copyright law. Drawing on a wide range of contemporary sources, Seville explores the controversy provoked by the act, which led to Talfourd having to considerably modify his bill. This text was the first study of the bills leading to the Copyright Act 1842, during which Talfourd sought to reform copyright law. Drawing on a wide range of contemporary sources, Seville explores the controversy provoked by the act, which led to Talfourd having to considerably modify his bill. Talfourd's first Copyright Bill was presented in 1837, and the public and Parliamentary controversy it provoked is reflected in contemporary pamphlets, correspondence, and hundreds of petitions presented to Parliament, as well as in the changing aims of the bill itself. In addition to the expected debate as to the nature of literary property and the economic effects on the publishing trade, discussion of copyright law raised broader questions; the relative values of literature and science, the importance of public education, the dangers of monopolies, and the nature of public interest. In a period of social, political and technological upheaval, these were incendiary matters. Talfourd audaciously demanded not only a considerable extension of copyright term, but also international protection. This book explores and sets in context the making of the Copyright Act 1842, using it to illuminate enduring issues and difficulties in the legal concept of intellectual property. 1. Introduction: the 1842 Act - passage and position; Copyright - its nature and history; Talfourd and his aims; Conflicting rationales; 2. Petitions and copyright: Petitioning - parliamentary history and background; Petitions; forms and formalities; Petitions; volume and subjects; 3. Critics in Parliament: The Radical nexus; Political cross-currents; Brougham; Macaulay; 4. Critics in the book trade I: print workers and their allies: Printers; Master Printers; Journeymen; Compositors; Pressmen; Machinemen; The dispute spreads - journeymen 1839–40; The process of diffusion; Associated trades; Bookbinders; Papermakers; Other print-related specialisms; Supporters of cheap print; Camp followers; 5. Critics in the book trade II: publishing and publishers: the book trade and authors; Cheap publications: the Society for the Diffusion of Useful Knowledge; Cheap Publications - the book trade; Co-operation and organisation; The campaign against the bills; Publisher's petitions; Other means of protest; 6. The campaign in the daily press; London dailies; The Times; The Morning Chronicle; The Morning Post; Evening Papers; The Globe; The Courier; 7. Authors and the beginnings of authors' organisations: Southey; Wordsworth: campaign manager; The making of the case for the bill: petitions in favour; The argument in the periodicals; 9. Conclusion.

Chapter

CONFLICTING RATIONALES

ALTERNATIVES TO COPYRIGHT – A PROFESSION OF AUTHORSHIP?

2 PETITIONS AND COPYRIGHT

PETITIONING – PARLIAMENTARY HISTORY AND BACKGROUND

PETITIONS – FORMS AND FORMALITIES

PETITIONS – VOLUME AND SUBJECTS

3 CRITICS IN PARLIAMENT

THE RADICAL NEXUS

POLITICAL CROSS-CURRENTS

BROUGHAM

MACAULAY

4 CRITICS IN THE BOOK TRADE I: PRINT WORKERS AND THEIR ALLIES

PRINTERS

Master printers

Journeymen

Compositors

Pressmen

Machinemen

THE DISPUTE SPREADS – JOURNEYMEN 1839–40

THE PROCESS OF DIFFUSION

Associated trades

Bookbinders

Papermakers

Other print-related specialisms

Supporters of cheap print

Camp followers

5 CRITICS IN THE BOOK TRADE II: PUBLISHING AND PUBLISHERS

THE BOOK TRADE AND AUTHORS

CHEAP PUBLICATIONS – THE SOCIETY FOR THE DIFFUSION OF USEFUL KNOWLEDGE

CHEAP PUBLICATIONS – THE BOOK TRADE

COOPERATION AND ORGANISATION

THE CAMPAIGN AGAINST THE BILLS

Publishers' petitions

Other means of protest

6 THE CAMPAIGN IN THE DAILY PRESS

LONDON DAILIES

The Times

The Morning Chronicle

The Morning Post

EVENING PAPERS

The Globe

The Courier

CONCLUSION

7 AUTHORS AND THE BEGINNINGS OF AUTHORS' ORGANISATIONS

SOUTHEY

WORDSWORTH – CAMPAIGN MANAGER

1838

1839

1840

1841

1842

8 THE MAKING OF THE CASE FOR THE BILL

PETITIONS – THOSE IN FAVOUR

Petitions – 1839

Petitions – 1840–2

THE ARGUMENT IN THE PERIODICALS

Early notices

Reviews

Legal periodicals

9 CONCLUSION

Appendix I CHRONOLOGY OF THE BILLS

1837

1838

1839

1840

1841

1842

Appendix II SUCCESSIVE VERSIONS OF THE BILL

PREAMBLE

INTERPRETATION CLAUSE

TERM

LICENCE TO REPRINT

DEPOSIT COPIES

REGISTRATION

INTERNATIONAL COPYRIGHT

INFRINGEMENT

PERIODICAL WORKS

DRAMATIC AND MUSICAL WORKS

ENGRAVINGS AND OTHER ARTISTIC WORKS

LECTURES

REMEDIES AND RULES OF EVIDENCE

Appendix III THE COPYRIGHT ACT 1842 5 & 6 Vict. c. 45

2. Interpretation of Act

3. Endurance of term of copyright in any book hereafter to be published in the lifetime of the author; if published after…

4. In cases of subsisting copyright, the term to be extended, except when it shall belong to an assignee for other…

5. Judicial Committee of the Privy Council may license the republication of books which the proprietor refuses to republish…

6. Copies of books published after the passing of this Act, and of all subsequent editions, to be delivered within certain…

7. Mode of delivering at the British Museum

8. A copy of every book to be delivered within a month after demand to the officer of the Stationers Company, for the…

9. Publishers may deliver the copies to the libraries, instead of at the Stationers Company

10. Penalty for default in delivering copies for the use of the libraries

11. Book of Registry to be kept at Stationers Hall

12. Making a false entry in the Book of Registry, a misdemeanor

13. Entries of copyright may be made in the Book of Registry

14. Persons aggrieved by any entry in the Book of Registry may apply to a court of law in term or judge in vacation…

15. Remedy for the piracy of books by action on the case

16. In actions for piracy the defendant to give notice of the objections to the plaintiff's title on which he means to rely

17. No person, except the proprietor, &c. shall import into the British Dominions for sale or hire any book…

18. As to the copyright in encyclopædias, periodicals, and works published in a series, reviews, or magazines…

19. Proprietors of encyclopædias, periodicals, and works published in series, may enter at once at Stationers Hall…

20. The provisions of 3 & 4 W. 4. c. 15. extended to musical compositions, and the term of copyright, as provided…

21. Proprietors of right of dramatic representations shall have all the remedies given by 3 & 4 W. 4. c. 15

22. Assignment of copyright of a dramatic piece not to convey the right…

23. Books pirated shall become the property of the proprietor of the copyright, and may be recovered by action

24. No proprietor of copyright commencing after this Act shall sue or proceed for any infringement before making entry…

25. Copyright shall be personal property

26. General Issue; limitation of actions; not to extend to actions, &c. in respect of the delivery of books

27. Saving the rights of the universities, and the colleges of Eton, Westminster, and Winchester

28. Saving all subsisting rights, contracts, and engagements

29. Extent of the Act

30. Act may be amended this session

BIBLIOGRAPHY

INDEX

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