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Copyright Law Volume II: Application to Creative Industries in the 20th Century - Product Image

Copyright Law Volume II: Application to Creative Industries in the 20th Century

  • Published: January 2012
  • Region: World
  • 604 Pages
  • Ashgate Publishing

This volume reproduces writings, social teachings, testimonies and reports of figures as diverse as Karl Marx, Victor Hugo, Charles Dickens and Mark Twain, and bodies such as the US Congress. Extracted material charts the development of an international system of copyright regulation, and the growth, in the 20th century, of copyright industries benefitting from new copyright laws. In the second half of the 19th century, many writers and thinkers, like Marx, attacked capital, and its corollary, property rights.

Some writers, such as Victor Hugo, while exposing the horrors of poverty and social alienation, demanded for authors rights of property. The modern system of copyright substantially originates from the efforts of Hugo and others. Articles by leading US copyright scholars such as Jessica Litman and Tim Wu explain the development of copyright law in the 20th century, and are complemented by reproduction of key copyright cases in the US and UK, as well the primary copyright legislation in those countries. Contributors examine critically whether copyright law in the 20th century developed to encourage information dissemination or enable producers to control the supply of information for super profit.

Introduction: internationalization, technology and the march of property

Part I Literary Landmarks in the 19th Century Debate Over Property

Manifesto of the Communist Party 1848, Parts I and II, Karl Marx and Frederick Engels
Effects in the bank, Charles Dickens
Address of Victor Hugo to the International Literary Congress, Paris, 17 June 1878, Victor Hugo
Rerum Novarum: Encyclical of Pope Leo XIII on Capital and Labor, St Peter's, Rome, 1891, Pope Leo XIII
The White Man's Burden, Rudyard Kipling

Part II Mark Twain on Copyright

Statement of Mr Samuel L. Clemens (1906)
Mark Twain, lobbyist. He cuts loose from artists and musicians on Copyright Bill (1906)
Remarks on copyright (1886 and 1900)
Mark Twain and his book: The Humorist and the copyright question (1889)
Mark Twain on copyright law (1883)
Aphorism in notebooks (1902-1903)
Concerning copyright. An open letter to the Register of Copyrights (1905)

Part III The Compulsory Recording Licence (UK): Correspondence to the Editor of The Times (1911–1949)

The Copyright Bill, James Dundas White
The Copyright Bill. Attitude of the Labour Party, William Boosey
The Copyright Bill. A reply to Mr Boosey, J. Drummond Robertson
Mr John Murray's views, John Murray
The Copyright Bill. Composes and compensation, G. Bernard Shaw
The Copyright Bill. Musical and mechanical instruments, Charles V. Standford
The gramophone and its claims, William Boosey
Copyright Bill. The 'phonographic industry', J. Drummond Robertson
Copyright a privilege conferred, H. Whorlow
Composers and their property. The new Copyright Bill, G. Bernard Shaw
The author's gamble. Mr Bernard Shaw on Taxation, G. Bernard Shaw

Part IV Government and Diplomatic Documents

Report of the Royal Commission on Copyright 1878
Separate report by Sir Louis Mallet, 1878
Berne Convention (1886), Convention Creating an International Union for the Protection of Literary and Artistic Works, as amended at Berlin Conference, November 13, 1908
Report of the Congressional Committee on Patents on the Copyright Bill 1909: to amend and consolidate the Acts respecting Copyright, Mr Currier United States Copyright Act 1909: an Act to amend and consolidate the Acts respecting Copyright, March 4, 60th Congress, 2d Session
Gorell Committee (1909), Report of the Committee on the Law of Copyright
United Kingdom Copyright Act 1911, pp. 1-26

Part V United States Copyright Law-Making
Copyright and compromise, Jessica Litman

Part VI Aspects of United States Copyright Legislation and Politics

Wu, Loren and Spoo: Copyright's communications policy, Timothy Wu
The evolving role of 'for profit' use in copyright law: lessons from the 1909 Act, Lydia Pallas Loren
Ezra Pound's copyright statute: perpetual rights and the problem of heirs, Robert Spoo

Part VII Key United States Cases on Copyright
White-Smith Music Publishing Company v Apollo Company (1908)
Herbert et al. v The Shanley Company (1917)
Jerome H. Remick and Co v American Automobile Accessories Co (1925)
M. Witmark and Sons v L. Bamberger and Co (1923)

Part VIII Key United Kingdom Copyright Cases
Boosey v Whight (1899)
Gramophone Company Limited v Stephen Cawardine and Company (1934)

Name index.

About the Editors:

Benedict Atkinson is Research Fellow at the Centre of Excellence for Creative Industries and Innovation, Queensland University of Technology, Australia.

Brian Fitzgerald is Professor of Intellectual Property and Innovation, School of Law, Queensland University of Technology, Australia.

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