11-BkTrd&Lglities of Prntg.pdf

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St. Michael's College Courses
Lindsey Eckert

November 29, 2011 The Book Trade and the Legalities of Printing - All Blackboard posts must be submitted by noon on Monday Dec. 5 Final Exam: - 2 hours - 4 sections - The exam is cumulative but focuses more on the second half of the term - We’ll do some exam review in the final (3 ) hour of next week’s lecture - Lindsey will not answer questions about the exam over email - Section 1: vocabulary fill in the blank 10 x 2 pts. each - Section 2: Format and collation statements 10 questions x 3 pts. Each General questions + given collation statement and answer questions about what format, how many pages - Section 3: Short answer. Choice of 2 questions 1 x 15 pts. each - Section 4: Essay 1 question x 35 pts. What does Lindsey want? - Complete sentences and organized paragraphs - outline prior to writing is good - Proper use of terms - Demonstration of familiarity with the readings from the course and the major concepts we’ve discussed in class “The coming into being of the notion of ‘author constitutes the privileged moment of individualization in the history of ideas, knowledge, literature, philosophy, and the sciences. Even today when we reconstruct the history of a concept, literary genre, or school of philosophy, such categories seem relatively weak, secondary, and superimposed scansions in comparison with the solid and fundamental unit of the author and the work” - Michel Foucault, “What is anAuthor?” - Term of author, editor, in flux in history Authorship and the Book Trade - Mark Rose and other book historians such as William St. Clair have argued that without concrete copyright laws, our modern notion of the individual author would not exist - It’s dependent on things we don’t automatically associate with authors - Authorship and literature in general breaks down to legal and economic agreements - The book tare has almost always required either regulating bodies or monopolies; it does not respond well to the free market - What form these regulations took (and what bodies did the regulating) has changed over history th - Wasn’t always standardized regulated thing; has had some regulation since the 15 century The Legalities of Printing - Copyright: monopoly on the right to reproduce and distribute a particular work - complete control; “mine mine mine!” - The work is own (by, for example, the author, a bookseller, or publisher) - Ownership is exclusive - Copyright was a largely irrelevant concept for most of the history of printing - Need for copyright developed with the printed book - start to see increase of scale; possible to totally satisfy market demand (if you mass-produce the same book, you don’t want other people to mass-produce it too because you’ll lose money) - Plagiarism: ethical infringement; you say someone else’s ideas are your own (not the realm of copyright) - Copyright violation: economic infringement (less to do with stealing someone’s book and putting your name on it; more to do with you’re taking my book and making money off it) The Legalities of Printing: Before Modern Copyright - William Caxton brought printing to England in 1476 - Printing involved higher outlay of capital and therefore higher financial risk than manuscript reproduction (need to buy a press, a few sets of type, trained employees) - Unchecked competition between early printers resulted in many bankruptcies - Unchecked competition was detrimental to trade as a whole; people produce the same product and brought the value down - Alot of people tried to print and failed disastrously: outlay capital but can’t sell wares - Initially through professional courtesy and agreement, eventually through legal channels, right to distribute a text was granted to the first person to publish it - Copyright belonged to printer/bookseller/publisher, not author - Sell manuscript to printer; once the book is printed, the printer owns the text (the author doesn’t see any money from the text even if it’s a best seller; the author gets a lump sum for selling the manuscript) - Copyright held in perpetuity (forever - copyright does not expire ever); all text effectively under copyright - Once a book was published, copyright belonged to its trade publisher; some authors sold their manuscript to 2 printers to collect 2 sums - This “first published first owned” policy made pirating particularly dangerous - like a mafia: spies were everywhere - Piracy was controlled by the Stationers’Company (guild of printers; place to go to register and sometimes pay them to indicate that you owned the rights to a book). Ownership rights were not protected unless a book was officially entered into the register of the Stationers’Company The Legalities of Printing: 1710Act of QueenAnne - Difficult for starting-out new publishers who hadn't been born into the trade to make a profit - “for the encouragement of learning” - It’s too expensive to buy: if someone is the only one who has the rights to a book, he can set the price as high as he wants - Author granted sole right of distributing a text for 14 years from first publication, with another 14 years of extension (28 total for copyright); plan was that the author would die after the copyright expires - First it was “gentlemen’s agreements” with the printers; now the author comes in - Books already under copyright (effectively all books already published) protected for 21 years - Though theAct of QueenAnne established a legal shift in intellectual property law, it did not introduce any actual changes - No one followed the new law - The “mafia rule” of the Stationers’Company enforced the status quo: social, legal, economic power - Booksellers/printers became more powerful than ever: people married into “the mafia”; copyrights were given as dowries The Legalities of Printing: Donaldson v. Becket - 1774 landmark legal case in Britain - The problem raised in Donaldson v. Becket is whether literary productions fall under the heading of property law (and therefore ownership indefinitely) or common law (limited exclusive rights: e.g. drug patenting where after X number of years, “no-name brands” could be produced) - Granted 14 year copyright which was renewable once (28 years); the same asAct of Queen Anne - Donaldson: Scottish bookseller who had build a successful business on cheap reprints of the classics - Donaldson had acted as a pirate when six years before he published an edition of James Thomson’s The Seasons, a work for which Thomas Becket and a group of other London booksellers and printers claimed the copyright - Provincial sellers like Donaldson had been causing problems for the “big guys” throughout the th 18 century - 1774 case ruled that perpetual copyright was illegal - This was a massive decision in terms that had enormous influence on publishing and reading practices in the UK at the turn of the century - St. Clair: the boom in literary in England was because of this; people who had not been able to afford books could now afford cheap reprints - “Near 200,000 [pounds] worth of what was honestly purchased at public sale, and which was yesterday thought property, is now reduced to nothing. The booksellers of London and Westminster, many of whom sold estates and houses to purchase copyright, are in a manner ruined; and those who after many years industry thought they had acquired a competency to provide for their families; now find themselves without a shilling to divide to their successors” (The Morning Chronicle) - You worked so hard, you should be able to give your business to your children and it would never be taken away The Legalities of Printing: The Berne Convention of 1887 - Helped stifle the problem of imported pirated books: books printed in England would be sent to France or Ireland, printed there, and then shipped back to England and sold there (direct competition) - Established international copyright law - Reciprocal copyright privileges for countries concerned (including France and the UK) - The United States did not sign the Berne Convention until 1989 (England established what most people
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