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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. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. 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.
. . . an important contribution to the study of EU copyright law. It provides a good overview of different aspects of copyright law in the European Union and comprises a prevailing guide which undoubtedly will be of great use to both academics and practitioners. Ghufran Sukkaryeh, European Intellectual Property Review Estelle Derclaye s book is indeed a Handbook on EU copyright law, since practically every aspect of copyright law is examined through the lens of EU law by foremost European specialists. But it goes further than providing an understanding of what has been and ought to be happening in EU copyright law: each chapter can touch a raw nerve in the copyright law of any country in the world. Rarely has it been so obvious that EU copyright law can be considered a laboratory for copyright law in general. Ysolde Gendreau, Université de Montréal, Canada It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law. This Handbook will be of great interest to academics and intellectual property lawyers, as well as general commercial lawyers, across Europe because it reviews European directives in the field of copyright and also the relationships between copyright and other laws. Policymakers will also find much to interest them in the discussions regarding the future of EU copyright law and the proposed amendments to the existing legal framework.
This book explores human creativity to illustrate how the legal system can protect a wide variety of authors from attribution failures and other assaults to the intended messages of their works.
Looking at decolonization in the conditional tense, this volume teases out the complex and uncertain ends of British and French empire in Africa during the period of ‘late colonial shift’ after 1945. Rather than view decolonization as an inevitable process, the contributors together explore the crucial historical moments in which change was negotiated, compromises were made, and debates were staged. Three core themes guide the analysis: development, contingency and entanglement. The chapters consider the ways in which decolonization was governed and moderated by concerns about development and profit. A complementary focus on contingency allows deeper consideration of how colonial powers planned for ‘colonial futures’, and how divergent voices greeted the end of empire. Thinking about entanglements likewise stresses both the connections that existed between the British and French empires in Africa, and those that endured beyond the formal transfer of power.
Examining and historicizing the concept of "otherness" in both literature and criticism, Lisa Lowe explores representations of non-European cultures in British and French writings from the eighteenth through the twentieth century. Lowe traces the intersections of culture, class, and sexuality in Lady Mary Wortley Montagu’s Turkish Embassy Letters and Montesquieu’s Lettres persanes and discusses tropes of orientalism, racialism, and romanticism in Flaubert. She then turns to debates in Anglo-American and Indian criticism on Forster’s Passage to India and on the utopian projection of China in the poststructuralist theories of Julia Kristeva and Roland Barthes and in the journal Tel Quel.
From the 1750s to the 1830s, numerous British intellectuals, novelists, essayists, poets, playwrights, translators, educationalists, politicians, businessmen, travel writers, and philosophers brooded about the merits and demerits of the French language. The decades under consideration encompass a particularly tumultuous period in Anglo-French relations that witnessed the Seven Years' War (1756-1763), the American War of Independence (1775-1783), the Revolutionary and Napoleonic Wars (1792-1802 and 1803-1815, respectively), the Bourbon Restoration (1814-1830), and the July Revolution (1830) - not to mention the gradual expansion of the British Empire, and the complex cultural shifts that led from Neoclassicism to Romanticism. In this book, Marcus Tomalin reassesses the ways in which writers such as Tobias Smollett, Maria Edgeworth, William Wordsworth, John Keats, William Cobbett, and William Hazlitt acquired and deployed French. This intricate topic is examined from a range of critical perspectives, which draw upon recent research into European Romanticism, linguistic historiography, comparative literature, social and cultural history, education theory, and translation studies. This interdisciplinary approach helps to illuminate the deep ambivalences that characterised British appraisals of the French language in the literature of the Romantic period.
This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright law and its neighbouring rights, helping students to chart a path through these often difficult waters. It illuminates the fundamental influenc
Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story. Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition. Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.