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Copyright Law Volume I: The Scope and Historical Context

Edited by: Benedict Atkinson, Brian Fitzgerald

ISBN13: 9780754628378
Published: December 2011
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £210.00



Despatched in 5 to 7 days.

This volume discusses how proprietary notions increasingly dominated copyright legal principles, with consequences for information dissemination in modern times.

It covers the period to 1850, and begins with extracts from Roman law and early Christian and medieval teaching on ownership. The volume traces philosophical arguments about copyright law, reproducing writings of John Milton and John Locke on freedom of expression, and copyright justifications supplied by the idealist philosophers Johann Fichte and Immanuel Kant.

Readings explain how the developments that created the social and political systems of modern Britain and the United States also produced the beginnings of the modern system of copyright regulation. The volume highlights seminal works of leading US copyright scholars Lyman Ray Patterson, Benjamin Kaplan and Mark Rose, and includes correspondence of Thomas Jefferson and James Madison on copyright policy.

Subjects:
Intellectual Property Law, Legal History
Contents:
Introduction
Part I The Idea of Copyright: Possession and Exclusion: The Laws Book III, section 9, Plato
The Politics, Book II, chapter 5, Aristotle
The law of things, I, ownership, Rudolph Sohm
What is property, Pierre Proudhon. Obligation-Based Societies and Attitudes to Information: To steal a book is an elegant offence, William Alford
John Bulun Bulun & Anor v R&T Textiles Pty Ltd (1998)
Bhagavad Gita, Chapter 16. The Origins of Entitlement: Aquinas' theory of property, A. Parel. Stationers' Monopoly: Stationers' Charter 1557
Aereopagitica, 1644, John Milton
Memorandum on 1662 Act , 1693, John Locke. Part II After Copyright: Statute of Anne: Statute of Anne 1710
Making copyright, Mark Rose. Perpetual Copyright: The publishers and the pirates: British copyright law in theory and practice, John Feather. Copyright Act 1790 (United States): Correspondence, Thomas Jefferson
1790. Copyright Act. The Idea of Copyright: Proof of the illegality of the unauthorised reprinting of books, Johann Gottlieb Fichte
Philosophy of right, Georg W.F. Hegel. Rejection of Natural Law: Copyright Act 1831 (United States)
Speech on US copyright, 1841, Charles Dickens
Counterfeit Dickens letter, 1841, published by Walt Whitman. Fair Use: Folsom v Marsh, 1841
Free speech, copyright and fair use, L. Ray Patterson. Macaulay and Copyright Term: Speech, 29 January 1841, Macaulay. Final Reflections: The first 350 years, Benjamin Kaplan
Pirates of the information infrastructure: Blackstonian copyright and the 1st Amendment, Hannibal Travis
The struggle for musical copyright, Michael W. Carroll
Name index.