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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 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.
Edited by Lionel Bently, K.C. (Hon), Herchel Smith Professor of Intellectual Property Law, University of Cambridge and Professorial Fellow, Emmanuel College, Cambridge, UK, Uma Suthersanen, Professor in International Intellectual Property Law, Centre for Commercial Law Studies, Queen Mary University of London, UK and Paul Torremans, Professor of Intellectual Property Law, School of Law, University of Nottingham, UK
Contents:PrefaceOpening SpeechVictor NabhanPART I: THE STATUTE OF ANNE AND ITS ROLE IN THE WORLD OF COPYRIGHT1. Introduction to Part I: The History of CopyrightLionel Bently2. The Statute of Anne 1709–10: Its Historical SettingWilliam Cornish3. What’s New About the Statute of Anne? Or Six Observations in Search of an ActRonan Deazley4. To What Degree Did the Statute of Anne (8 Anne, c.19, [1709]) Affect Commercial Practices of the Book Trade in Eighteenth-Century England? Some Provisional Answers about Copyright, Chiefly from Bibliography and Book HistoryMichael F. Suarez, S.J.5. The Statute of Anne and Author’s Rights: Pope v. Curll (1741)Mark RoseTransition from Guild Regulation to Modern Copyright Law6. Transition from Guild Regulation to Modern Copyright Law – A View from the Low CountriesWillem Grosheide7. Transition from Guild Regulation to Modern Copyright Law (Sweden)Gunnar Petri8. From Privilege to Modern Copyright Law Martin VogelInfluence, Past and Present, of the Statute of Anne on Civil and Common Law Countries9. The Influence (Past and Present) of the Statute of Anne in FranceChristophe Geiger10. The Influence of the Statute of Anne on Belgian Copyright LawJoris Deene11. Colonial Copyright Redux: 1709 v 1832Pierre-Emmanuel MoysePART II: DIGITAL LIBRARIES AND ONLINE LICENSING12. Introduction to Part IIUma Suthersanen13. Phoenixes in the Internet Era – The Changing Role of LibrariesDame Lynne J. BrindleyDigital Libraries in the Current Legal and Educational Environment14. The Development of Digital Libraries in the United StatesJune M. Besek15. Digital Libraries in the Current Legal and Educational Environment: A European PerspectiveMarco Ricolfi16. Digital Libraries in the Current Legal and Educational Environment: Towards a Remunerated Compulsory License or Limitation?Raquel XalabarderCollective 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?Tarja Koskinen-Olsson18. Towards a Contextual Copyright?Ysolde GendreauOnline Digitalisation and Licensing19. Google Book SearchHarjinder Obhi20. Problem or Solution? Mass Digitisation of Library Stocks and the Google Book SettlementChristian Sprang21. Online Exploitation and Licensing: General Reporter’s Summary and Proposals for DiscussionJ.A.L. SterlingPART III: THE BORDERLESS ERA: INTERNATIONAL EXHAUSTION, GLOBAL ADMINISTRATION AND FORMALITIES22. Introduction to Part IIIPaul TorremansInternational Exhaustion23. International ExhaustionAndré Lucas24. The Economic Perspective: Exhaustion in the Digital AgeAndreas WiebeExhaustion in Digital Products: The Impact on Economic Rights25. 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 StatesMarybeth Peters26. Exhaustion in Digital Products and the ‘Accidental’ Impact on the Balance of Interests in Copyright LawTomasz Targosz27. Exhaustion – A Casualty of the Borderless Digital EraTrevor CookFormalities28. Historical Appearances and Disappearances of Formalities: From Berne to National LawsDelia Lipszyc29: Formalities in the Digital Era: An Obstacle or Opportunity?Stef van Gompel30. The US Experience with Formalities: A Love/Hate RelationshipJane C. Ginsburg31. The Scope of Formalities in International Copyright Law in a Digital ContextTakeshi HishinumaGlobal Administration32. The Graduated Response and the Role of Intermediaries: Avoiding the Apocalypse or a Return to the Sources?Pierre SirinelliClosing SpeechVictor NabhanClosing Dinner Speech at Lincoln’s Inn, 17 June 2009Lord HoffmannAPPENDICESAppendix 1: The Statute of Anne 1709–1710Appendix 2: Further Reading Index
‘Written by leading experts from across the globe, this comprehensive (historical) analysis breaks new ground on modern copyright issues. . . The cast of contributors is almost a reflection of the history of modern scholarship itself. . . This volume makes for a most enjoyable and thought-provoking read.’