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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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On the Origin of the Right to Copy

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ISBN13: 9781841133751
ISBN: 1841133752
Published: July 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

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Taking as its point of departure the lapse of the Licensing Act 1662 in 1695, this book examines the lead up to the passage of the Statute of Anne 1709 and charts the movement of copyright law throughout the eighteenth century, culminating in the House of Lords decision of Donaldson v Becket (1774).

The established reading of copyright's development throughout this period, from the 1709 Act to the pronouncement in Donaldson, is that it was transformed from a publisher's to an author's right; instead, legislation initially designed to regulate the marketplace of the bookseller and publisher evolved into an instrument that functioned to recognise the proprietary inevitability of an author's intellectual labours.

The historical narrative which unfolds within this book presents a challenge to that accepted orthodoxy.;The traditional analysis of the development of copyright in eighteenth century Britain is revealed as exhibiting the character of long-standing myth, and the centrality of the modern proprietary author as the raison d'etre of the copyright regime is displaced, being replaced with a more nuanced account of legal change driven by complex interactions between the protagonists, resulting in a copyright regime which was quite different from that anticipated by the reformers.

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Intellectual Property Law
1. Politics, Propaganda and Profanity; Not Property
2. The Statute of Anne; AMiserable Havock
3. Scraps of Proceedings
4. Be Careful What You Wish For
5. The First: Copyright at Common Law? A “Complicated” Action
The Second: The Lawyers’ Tales
6. Property and the Pamphleteers
7. Millar v Taylor; The Temporary Perpetual Triumph
8. Donaldson v Becket; A Game of Numbers
9. An Ending and a Beginning ;