BOOK: Elena COOPER, Art and Modern Copyright : The Contested Image (Cambridge: Cambridge University Press, 2018). ISBN 9781107179721, £ 85.00

(Source: Cambridge University Press)

Cambridge University Press has just published a book on the history of copyright protecting the visual arts.

ABOUT THE BOOK

This book is the first in-depth and longitudinal study of the history of copyright protecting the visual arts. Exploring legal developments during an important period in the making of the modern law, the mid-nineteenth to early twentieth centuries, in relation to four themes - the protection of copyright 'authors' (painters, photographers and engravers), art collectors, sitters and the public interest - it uncovers a number of long-forgotten narratives of copyright history, including views of copyright that differ from how we think today. As well as considering the distinct nature of the contribution of copyright to the history of the cultural domain accounted for by scholars of art history and the sociology of art, this book examines the value to lawyers and policy-makers today of copyright history as a destabilising influence: in taking us to ways of thinking that differ from our own, history can sharpen the critical lens through which we view copyright debates today.

Looks at legal developments in the making of modern law in relation to the visual arts, providing fresh perspectives and critical insights into copyright and its history

This book is based on extensive original archival work that uncovers unexplored facets of copyright history

Explores the contribution of copyright history to broader developments described by scholars of art history and the sociology of art

ABOUT THE AUTHOR

Elena Cooper, CREATe, University of Glasgow

Elena Cooper is a Leverhulme Early Career Fellow at CREATe, University of Glasgow, where she has been a postdoctoral researcher since 2014. Prior to this, she was Orton Fellow in Intellectual Property Law at Trinity Hall, University of Cambridge. Prior to her time at Cambridge, Elena was a solicitor specialising in intellectual property litigation. Elena is a member of the British Art Network organised by the Tate and The Institute of Art and Law.

TABLE OF CONTENTS

1. Introduction

2. Art, copyright and 'authors', 1: 1850–62

3. Art, copyright and 'authors', 2: 1862–11

4. Art, copyright and collectors: the wrongs that artists commit

5. Art, copyright and the face: a nineteenth-century publicity right

6. Art, copyright and the public interest: galleries, printsellers and 'pirates'

7. Drawing conclusions: images of art and images of copyright.

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BOOK: Eldar HABER, Criminal Copyright (Cambridge: Cambridge University Press, 2018). ISBN 9781108403917, £ 24.99

(Source: Cambridge University Press)

Later this month, Cambridge University Press is due to publish a book which offers an examination of the history of criminal copyright.

ABOUT THE BOOK

Since the birth of criminal copyright in the nineteenth century, the copyright system has blurred the distinction between civil and criminal infringements. Today, in many jurisdictions, infringement of copyrighted materials can result in punitive fines and even incarceration. In this illuminating book, Eldar Haber analyzes the circumstances, justifications, and ramifications of the criminalization process and tells the story of how a legal right in the private enforcement realm has become over-criminalized. He traces the origins of criminal copyright legislation and follows the movement of copyright criminalization and enforcement on local and global scales. This important work should be read by anyone concerned with the future of copyright and intellectual property in the digital era.

ABOUT THE AUTHOR

Eldar Haber, University of Haifa, Israel

Eldar Haber is a Senior Lecturer at the Faculty of Law, University of Haifa and a faculty associate at the Berkman-Klein Center for Internet and Society at Harvard University, Massachusetts. He teaches and writes about copyright, criminal law, surveillance, privacy and data protection, and civil rights and liberties in the digital age. He has published on all these matters in many flagship law reviews and leading law and technology journals. He has won several academic awards, prizes and grants, and his work is frequently cited in many scholarly articles, book chapters, books, Federal Courts, as well as the media.

TABLE OF CONTENTS

Introduction

1. Criminal copyright overview

2. Copyright criminalization in the United Kingdom

3. Copyright criminalization in the United States

4. The criminal copyright gap

5. Internal reasoning for criminal copyright

6. External reasoning for criminal copyright

7. The copyright-criminal integration

8. An integrated approach for copyright criminalization

9. The future of criminal copyright and how to stop it

Conclusion.

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BOOK: Neil NETANEL, From Maimonides to Microsoft : The Jewish Law of Copyright since the Birth of Print (Oxford: Oxford University Press, 2018). ISBN 9780190868772, $29.95

(Source: OUP)

Oxford University Press has just published the paperback edition of a book on the history of Jewish copyright law.

ABOUT THE BOOK

Jewish copyright law is a rich body of jurisprudence that developed in parallel with modern copyright laws and the book privileges that preceded them. Jewish copyright law owes its origins to a reprinting ban that the Rome rabbinic court issued for three books of Hebrew grammar in 1518. It continues to be applied today, notably in a rabbinic ruling outlawing pirated software, issued at Microsoft's request.

In From Maimonides to Microsoft, Professor Netanel traces the historical development of Jewish copyright law by comparing rabbinic reprinting bans with secular and papal book privileges and by relaying the stories of dramatic disputes among publishers of books of Jewish learning and liturgy. He describes each dispute in its historical context and examines the rabbinic rulings that sought to resolve it. Remarkably, the rabbinic reprinting bans and copyright rulings address some of the same issues that animate copyright jurisprudence today: Is copyright a property right or just a right to receive fair compensation? How long should copyrights last? What purposes does copyright serve? While Jewish copyright law has borrowed from its secular law counterpart at key junctures, it fashions strikingly different answers to those key questions.

The story of Jewish copyright law also intertwines with the history of the Jewish book trade and with steadfast efforts of rabbinic leaders to maintain their authority to regulate that trade in the face of the dramatic erosion of Jewish communal autonomy in the eighteenth and nineteenth centuries. This book will thus be of considerable interest to students of Jewish law and history, as well as copyright scholars and practitioners.

ABOUT THE AUTHOR

Neil Weinstock Netanel is the Pete Kameron Professor of Law at the University of California at Los Angeles School of Law where he writes and teaches in the areas of copyright, international intellectual property, and media and telecommunications. Prior to joining UCLA, Netanel served for a decade on the faculty of the University of Texas at Austin School of Law, where he was the Arnold, White & Durkee Centennial Professor of Law. He has also taught at the law schools of Harvard University, Haifa University, the Hebrew University of Jerusalem, Tel-Aviv University, the University of Toronto, and New York University. He authored Copyright's Paradox (Oxford, 2008; Paperback, 2010); and he edited The Development Agenda: Global Intellectual Property and Developing Countries (Oxford, 2008).

TABLE OF CONTENTS

Preface

Note on Transliteration, Translation, Acronyms, Word Choice, and Dates

1. Introduction: Microsoft in Bnei Brak

2. From Privileges and Printers' Guilds to Copyright

3. Rabbinic Reprinting Bans: Between Ktav Dat and Privilege

4. Maharam of Padua versus Giustiniani: Rival Editions of Maimonides's Mishneh Torah

5. Rabbinic Reprinting Bans Take Hold

6. From a Yiddish Bible to a German Prayer Book

7. Internecine Battles and the Slavuta Talmud

8. Moving Beyond Reprinting Bans: From Property to the Law of the Sovereign

9 The Present-Day Debate: Is Copyright Infringement "Stealing"?

Bibliography

Glossary and Biographies

Names Index

Subject Index

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BOOK: Oren BRACHA, ed., The History of Intellectual Property Law [Critical Concepts in Intellectual Property Law Series] (Cheltenham: Edward Elgar Publishing , 2018). ISBN 978178536 8554, £517.50

(Source: Edward Elgar Publishing)

Edward Elgar Publishing has just published a two-volume collection which includes some of the most important and influential articles published on the history of intellectual property law.

ABOUT THE BOOK

This comprehensive two-volume collection includes some of the most important and influential articles published on the history of intellectual property. The seminal works compiled in these volumes encompass a broad variety of specific legal fields, periods and methodological perspectives. The collection focuses on the three main subfields of intellectual property: patent, copyright and trademark law. Volume I covers patent and copyright in Britain as well as U.S. patents. Volume II discusses U.S. copyright and trademarks along with colonial and international intellectual property law.

With an original introduction by the editor, this essential compilation will be of great interest to legal historians, economic historians and anyone interested in intellectual property and its history.

TABLE OF CONTENTS

Contents:

Volume I

Introduction Oren Bracha

PART I. EARLY ORIGINS
1. Pamela O. Long (1991), ‘Invention, Authorship, "Intellectual Property," and the Origin of Patents: Notes toward a Conceptual History’, Technology and Culture, 32 (4), October, 846–84
2. Joanna Kostylo (2010), ‘From Gunpowder to Print: The Common Origins of Copyright and Patent’, in Ronan Deazley, Martin Kretschmer and Lionel Bently (eds), Privilege and Property: Essays on the History of Copyright, Chapter 1, Cambridge, UK: Open Book Publishers, 21–50
3. Carlo Marco Belfanti (2004), ‘Guilds, Patents, and the Circulation of Technical Knowledge: Northern Italy During the Early Modern Age’, Technology and Culture, 45 (3), July, 569–89
4. Liliane Hilaire-Pérez (1991), ‘Invention and the State in 18th-Century France’, Technology and Culture, 32 (4), October, 911–31
5. Martha Woodmansee (1984) ‘The Genius and the Copyright: Economic and Legal Conditions of the Emergence of the “Author”’, Eighteenth Century Studies, 17 (4), Summer, 425–48

PART II. BRITISH PATENTS
6. Chris R. Kyle (1988), ’But a New Button to an Old Coat: The Enactment of the Statute of Monopolies, 21 James I cap.3’, Journal of Legal History, 19 (3), December, 203–23
7. Adam Mossoff (2001), ‘Rethinking the Development of Patents: An Intellectual History, 1550–1800’, Hastings Law Journal, 52 (6), August, 1255–322
8. John N. Adams and Gwen Averley (1986), ‘The Patent Specification: The Role of Liardet v. Johnson’, Journal of Legal History, 7 (2), September, 156–77
9. Eric Robinson (1972), ‘James Watt and the Law of Patents’, Technology and Culture, 13 (2), April, 115–39
10. Christine MacLeod (1999), ‘Negotiating the Rewards of Invention: The Shop-Floor Inventor in Victorian Britain’, Business History, 41 (2), April, 17–36

PART III. BRITISH COPYRIGHT
11. Ian Gadd (2016), ‘The Stationer’s Company in England before 1710’, in Isabella Alexander and H. Tomás Gómez-Arostegui (eds), Research Handbook on the History of Copyright Law, Chapter 5, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 81–95
12. Ronan Deazley (2010), ‘The Statute of Anne and the Great Abridgement Swindle’, Houston Law Review, 47 (4), December, 793–818
13. Mark Rose (1988), ‘The Author as Proprietor: Donaldson v. Becket and the Genealogy of Modern Authorship’, Representations, 23, Summer, 51–85
14. H. Tomás Gómez-Arostegui (2014), ‘Copyright at Common Law in 1774—’, Connecticut Law Review, 47 (1), November, 1–57 
15. Will Slauter (2013) ‘Upright Piracy: Understanding the Lack of Copyright for Journalism in Eighteenth-Century Britain’, Book History, 16 (1), 34–61
16. Isabella Alexander (2007), 'Criminalising Copyright: A Story of Publishers, Pirates and Pieces of Eight', Cambridge Law Journal, 66 (3), November, 625–56
17. Jose Bellido and Kathy Bowrey (2014), ‘From the Author to the Proprietor: Newspaper Copyright and The Times (1842–1956)’, Journal of Media Law, 6 (2), 206–33

PART IV. THE U.S. CONSTITUTIONAL CLAUSE 

18. Tyler T. Ochoa and Mark Rose (2002), ‘The Anti-Monopoly Origins of the Patent and Copyright Clause’, Journal, Copyright Society of the U.S.A., 49 (3), 675–706
19. L. Ray Patterson and Craig Joyce (2003), 'Copyright in 1791: An Essay Concerning the Founders' View of the Copyright Power Granted to Congress in Article I, Section 8, Clause 8 of the U.S. Constitution', Emory Law Journal, 52, 909–52
PART V. AMERICAN PATENTS
20. Mario Biagioli (2006), ‘Patent Republic: Representing Inventions, Constructing Rights and Authors’, Social Research, 73 (4), Winter, 1129–72
21. Steven Lubar (1991), ‘The Transformation of Antebellum Patent Law’, Technology and Culture’, 32 (4), October, 932–59
22. Kara W. Swanson (2009), ‘The Emergence of the Professional Patent Practitioner’, Technology and Culture, 50 (3), July, 519–48
23. Adam Mossoff (2011), ‘The Rise and Fall of the First American Patent Thicket: The Sewing Machine War of the 1850s’, Arizona Law Review, 53 (1), 165–21
24. Alain Pottage and Brad Sherman (2007), 'Organisms and Manufactures: On the History of Plant Inventions', Melbourne University Law Review, 31 (2), 539–68

25. Steven W. Usselman and Richard R. John (2006), ‘Patent Politics: Intellectual Property, the Railroad Industry, and the Problem of Monopoly’, Journal of Policy History, 18 (1), 96–125
26. Catherine L. Fisk (1998), ‘”Removing the Fuel” of Interest from the ‘Fire of Genius’: Law and the Employee Inventor, 1830-1930’, University of Chicago Law Review, 65 (4), Autumn, 1127–99
27. Kara W. Swanson (2011), ‘Getting a Grip on the Corset: Gender, Sexuality, and Patent Law’, Yale Journal of Law and Feminism’, 23 (1), 57–115
28. Christopher Beauchamp (2016), ‘The First Patent Litigation Explosion’, Yale Law Journal, 125 (4), February, 848–944

Volume II

An introduction to both volumes by the editor appears in volume 1

PART I. AMERICAN COPYRIGHT
1. Jane C. Ginsburg (1990), ‘A Tale of Two Copyrights: Literary Property in Revolutionary France and America', Tulane Law Review, 64 (5), May, 991–1031
2. Meredith L. McGill (1997), ‘The Matter of the Text: Commerce, Print Culture, and the Authority of the State in American Copyright Law’, American Literary History, 9 (1), Spring, 21–59
3. Oren Bracha (2008), ‘The Ideology of Authorship Revisited: Authors, Markets, and Liberal Values in Early American Copyright’, Yale Law Journal, 118 (2), November, 186–271
4. Robert Brauneis (2009), ‘The Transformation of Originality in the Progressive-Era Debate over Copyright in News’, Cardozo Arts and Entertainment Law Journal, 27 (2), 321–73
5. Zvi S. Rosen (2007), ‘The Twilight of the Opera Pirates: A Prehistory of the Exclusive Right of Public Performance for Musical Compositions’, Cardozo Arts and Entertainment Law Journal, 24, 1157–1218

PART II TRADEMARKS
6. Paul Duguid (2009), ‘French Connections: The International Propagation of Trademarks in the Nineteenth Century’, Enterprise and Society, 10 (1), March 3–37
7. Lionel Bently (2007), ‘The Making of Modern Trade Mark Law: The Construction of the Legal Concept of Trade Mark 1860–80’, in Lionel Bently, Jennifer Davis and Jane C. Ginsburg (eds), Trade Marks and Brands: An Interdisciplinary Critique, Chapter 1, Cambridge, UK: Cambridge University Press, 3–41
8. Robert G. Bone (2006), ‘Hunting Goodwill: A History of the Concept of Goodwill in Trademark Law’, Boston University Law Review, 86 (3), June, 547–622
9. Steven Wilf (2008), ‘The Making of the Post-War Paradigm in American Intellectual Property Law’, Columbia Journal of Law and the Arts, 31 (2), 139–207

PART III COLONIAL INTELLECTUAL PROPERTY
10. Lionel Bently (2007), ‘Copyright, Translations, and Relations Between Britain and India in the Nineteenth and Early Twentieth Centuries’, Chicago-Kent Law Review, 82 (3), 1181–240
11. Michael D. Birnhack (2011), ‘Hebrew Authors and English Copyright Law in Mandate Palestine’, Theoretical Inquiries in Law, 12 (1), January, 201–40

PART IV INTERNATIONAL INTELLECTUAL PROPERTY
12. Lionel Bently and Brad Sherman (2001), ‘Great Britain and the Signing of the Berne Convention in 1886: Part 2’, Journal, Copyright Society of the U.S.A., 48 (3), Spring, 311–40
13. Catherine Seville (2008), ‘Authors as Copyright Campaigners: Mark Twain’s Legacy’, Journal, Copyright Society of the U.S.A., 55 (2/3), Winter/Spring, 283–359

PART V ECONOMIC PERSPECTIVES
14. B. Zorina Khan (1995), ‘Property Rights and Patent Litigation in Early Nineteenth-Century America’, Journal of Economic History, 55 (1), March, 58–97
15. Petra Moser (2005), ‘How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World’s Fairs’, American Economic Review, 95 (4), September, 1214–36
16. Naomi R. Lamoreaux, Kenneth L. Sokoloff, and Dhanoos Sutthiphisal, (2013), ‘Patent Alchemy: The Market for Technology in U.S. History’, Business History Review, 87 (1), Spring, 3–38

Index

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