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Copyright Law and the Public Interest in the Nineteenth Century (Hardcover)
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Copyright Law and the Public Interest in the Nineteenth Century (Hardcover)
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Copyright law is commonly described as carrying out a balancing act
between the interests of authors or owners and those of the public.
While much academic work, both historical and contemporary, has
been done on the authorship side of the equation, this book
examines the notion of public interest, and the way that concepts
of public interest and the rhetoric surrounding it have been
involved in shaping the law of literary copyright. Historical
examinations of copyright have focused on the 18th century, but
this book's main concern is with the period after 1774 in Britain.
The 19th century was the period during which the boundaries of
copyright, as it is known today, were drawn, and ideas of "public
interest" were integral to this process, but in different and
complex ways. The book engages with this complexity by moving
beyond debates about the appropriate duration of copyright, and
considers the development of other important features of copyright
law, such as the requirement of legal deposit, the principle that
some works will not be subject to copyright protection on the
grounds of public interest, and the law of infringement. While the
focus of the book is on literary copyright, it also traces the
expansion of copyright to cover new subject matters, such as music,
dramatic works, and lectures. The book concludes by examining the
making of the 1911 Imperial Copyright Act, the statute upon which
the law of copyright in Britain, and in all former British
colonies, is based. The history traced has considerable relevance
to debates over the scope of copyright law in the present day. It
emphasizes the contingency and complexity of copyright law's
development and current shape, as well as encouraging a critical
approach to the justifications for copyright law.
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