Copyright in Historical Perspective
Encyclopedia
nopyright in Historical Perspective is an influential work of copyright
scholarship by Lyman Ray Patterson
. The book traces the history of Anglo-Saxon copyright from the outgoing 15th century to the late 19th century.
Starting with William Caxton
's introduction of the printing press to England, Patterson documents the regulation of publishing in England and the United States
. He identifies censorship
as a driving force in early regulation and provides a detailed account of its impact on private copyright of the publisher's guild, the Stationers' Company
. He describes the system of printing patent
s – letters patent
based on the Royal Prerogative
that co-existed with the Stationer's copyright and remained unaffected by the Statute of Anne
.
Based on Patterson's dissertation, the book was first published in 1968. As of 2010 it is still in print.
Kathy Bowrey ranks the books as one of two major contributions made by lawyers to the history of copyright:
While she further notes that later authors writing on publisher and author perspectives on copyright failed to acknowledge the contributions made by Kaplan and Patterson, the book has still been widely cited in the academic literature. Then future United States Supreme Court Justice Stephen Breyer
, for instance, relied on Patterson in "The Uneasy Case for Copyright
", a law review article written when Breyer was a practicing legal academic.
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
scholarship by Lyman Ray Patterson
Lyman Ray Patterson
Lyman Ray Patterson was an American law professor and an influential copyright scholar and historian....
. The book traces the history of Anglo-Saxon copyright from the outgoing 15th century to the late 19th century.
Starting with William Caxton
William Caxton
William Caxton was an English merchant, diplomat, writer and printer. As far as is known, he was the first English person to work as a printer and the first to introduce a printing press into England...
's introduction of the printing press to England, Patterson documents the regulation of publishing in England and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. He identifies censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
as a driving force in early regulation and provides a detailed account of its impact on private copyright of the publisher's guild, the Stationers' Company
Worshipful Company of Stationers and Newspaper Makers
The Worshipful Company of Stationers and Newspaper Makers is one of the Livery Companies of the City of London. The Stationers' Company was founded in 1403; it received a Royal Charter in 1557...
. He describes the system of printing patent
Printing patent
The printing patent or printing privilege was a precursor of modern copyright. It was an exclusive right to print a work or a class work of works....
s – letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
based on the Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
that co-existed with the Stationer's copyright and remained unaffected by the Statute of Anne
Statute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
.
Based on Patterson's dissertation, the book was first published in 1968. As of 2010 it is still in print.
Kathy Bowrey ranks the books as one of two major contributions made by lawyers to the history of copyright:
While she further notes that later authors writing on publisher and author perspectives on copyright failed to acknowledge the contributions made by Kaplan and Patterson, the book has still been widely cited in the academic literature. Then future United States Supreme Court Justice Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
, for instance, relied on Patterson in "The Uneasy Case for Copyright
The Uneasy Case for Copyright
"The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs" was an article in the Harvard Law Review by future United States Supreme Court Justice Stephen Breyer in 1970, while he was still a legal academic...
", a law review article written when Breyer was a practicing legal academic.