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Lionel Bently, Uma Suthersanen, Paul Torremans
Global Copyright. Three Hundred Years Since the Statute of Anne, from 1709 to Cyberspace
Edited by Lionel Bently, Herchel Smith Professor of Intellectual Property Law, University of Cambridge, UK, Uma Suthersanen, Professor in International Intellectual Property Law, Queen Mary, University of London, UK and Paul Torremans, Professor of Intellectual Property Law, School of Law, University of Nottingham, UK
This innovative book celebrates the tri-centenary of modern copyright, which began with the enactment of the Statute of Anne by the British Parliament in 1709, and was soon followed by other copyright legislation abroad. The Statute of Anne is traditionally claimed to be the world’s first copyright statute, and is thus viewed as the origin of a system of national laws that today exists in virtually all countries of the world. However, this book illustrates that while there is some truth in this claim, it is also important to treat it with caution.
Written by leading experts from across the globe, this comprehensive (historical) analysis breaks new ground on modern copyright issues such as digital libraries, illegal downloading and distribution, international exhaustion and ‘new formalities’. The expert contributors consider what lessons can be learnt from the achievements made during the last 300 years, and whether they can be used to overcome the new challenges facing copyright.
This in-depth scientific analysis of the legacy of the Statute of Anne 300 years on from its origins will provide copyright practitioners, academics, policy makers and postgraduate students with a unique and fascinating read.
544 pp Hardback
978 1 84844 766
on-line discount £ 112.50
PART I: THE STATUTE OF ANNE AND ITS ROLE IN THE WORLD OF COPYRIGHT
1. Introduction to Part I: The History of Copyright
2. The Statute of Anne 1709–10: Its Historical Setting
3. What’s New About the Statute of Anne? Or Six Observations in Search of an Act
4. To What Degree Did the Statute of Anne (8 Anne, c.19, ) Affect Commercial Practices of the Book Trade in Eighteenth-Century England? Some Provisional Answers about Copyright, Chiefly from Bibliography and Book History
Michael F. Suarez, S.J.
5. The Statute of Anne and Author’s Rights: Pope v. Curll (1741)
Transition from Guild Regulation to Modern Copyright Law
6. Transition from Guild Regulation to Modern Copyright Law – A View from the Low Countries
7. Transition from Guild Regulation to Modern Copyright Law (Sweden)
8. From Privilege to Modern Copyright Law
Influence, Past and Present, of the Statute of Anne on Civil and Common Law Countries
9. The Influence (Past and Present) of the Statute of Anne in France
10. The Influence of the Statute of Anne on Belgian Copyright Law
11. Colonial Copyright Redux: 1709 v 1832
PART II: DIGITAL LIBRARIES AND ONLINE LICENSING
12. Introduction to Part II
13. Phoenixes in the Internet Era – The Changing Role of Libraries
Dame Lynne J. Brindley
Digital Libraries in the Current Legal and Educational Environment
14. The Development of Digital Libraries in the United States
June M. Besek
15. Digital Libraries in the Current Legal and Educational Environment: A European Perspective
16. Digital Libraries in the Current Legal and Educational Environment: Towards a Remunerated Compulsory License or Limitation?
Collective Administration for Online Libraries: A Rightsholders’ Dream or an Outdated Illusion?
17. Digital Libraries: Collective Administration for Online Libraries – A Rightsholders’ Dream or an Outdated Illusion?
18. Towards a Contextual Copyright?
Online Digitalisation and Licensing
19. Google Book Search
20. Problem or Solution? Mass Digitisation of Library Stocks and the Google Book Settlement
21. Online Exploitation and Licensing: General Reporter’s Summary and Proposals for Discussion
PART III: THE BORDERLESS ERA: INTERNATIONAL EXHAUSTION, GLOBAL ADMINISTRATION AND FORMALITIES
22. Introduction to Part III
23. International Exhaustion
24. The Economic Perspective: Exhaustion in the Digital Age
Exhaustion in Digital Products: The Impact on Economic Rights
25. The Legal Perspective on Exhaustion in the Borderless Era: Consideration of a Digital First Sale Doctrine for Online Transmissions of Digital Works in the United States
26. Exhaustion in Digital Products and the ‘Accidental’ Impact on the Balance of Interests in Copyright Law
27. Exhaustion – A Casualty of the Borderless Digital Era
28. Historical Appearances and Disappearances of Formalities: From Berne to National Laws
29: Formalities in the Digital Era: An Obstacle or Opportunity?
Stef van Gompel
30. The US Experience with Formalities: A Love/Hate Relationship
Jane C. Ginsburg
31. The Scope of Formalities in International Copyright Law in a Digital Context
32. The Graduated Response and the Role of Intermediaries: Avoiding the Apocalypse or a Return to the Sources?
Closing Dinner Speech at Lincoln’s Inn, 17 June 2009
Appendix 1: The Statute of Anne 1709–1710
Appendix 2: Further Reading