Published online by Cambridge University Press: 05 August 2011
CHAP. I.—OF THE DURATION OF COPYRIGHT IN BOOKS, GENERALLY
SECT. I.—Analysis of the Statute 54 Geo. III. cap. 156
1st. Its general scope.
The principal statute by which Literary Property is at present regulated, was passed the 29th of July, 1814. It is entitled, “An act to amend the several acts for the encouragement of learning, by securing the copies and copyright of printed books to the authors of such books, and their assigns.”
The statute not only repealed several of the former enactments, and amended others, but in effect consolidated within it the whole of the provisions relating to Literary Property.
It is remarkable that the act does not commence, like the statute of Anne, by providing for the protection of copyright, and prescribing the period during which the protection was to be afforded. Although expressly entitled for “securing the copies and copyright of printed books,”it begins with repealing the former enactments by the 8th Anne and 41st Geo. III. regarding the delivery of copies to the public libraries, and substitutes other provisions on the same subject, which will be hereafter stated. In effect, it imposes the tax before it bestows the protection. In support of the exaction it has been urged, that it is a reasonable compensation for the additional and superior security afforded by the statute. The legislative boon, therefore, ought to have preceded the duty, in consideration of which it was imposed.
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