A Short History of Copyright The Genie of Information

This book tells the story of how, over centuries, people, society and culture created laws affecting supply of information. In the 21st century, uniform global copyright laws are claimed to be indispensable to the success of entertainment, internet and ot

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Short History of Copyright The Genie of Information

A Short History of Copyright

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Benedict Atkinson • Brian Fitzgerald

A Short History of Copyright The Genie of Information

Benedict Atkinson Faculty of Law Australian Catholic University Sydney, New South Wales Australia

Brian Fitzgerald Faculty of Law Australian Catholic University Melbourne, Victoria Australia

The Work is based on the Introductions to the previously published Work: The Library of Essays on Copyright Law by Ashgate Publishing Limited, 2011, ISBN 978-0754628460. Published by kind permission of Ashgate Publishing Limited

ISBN 978-3-319-02074-7 ISBN 978-3-319-02075-4 (eBook) DOI 10.1007/978-3-319-02075-4 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

Contents

1

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

2

Origins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.1 What Is Copyright? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2 Possession and Exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3 Social Change Determines Rules