Commentary on International Copyright Act 1886

The Act enabling the British government to become a signatory to the Berne Convention, which Convention came into force on 5 December 1887. The commentary describes the nature and extent of British participation in the three conferences which led to the signing of the Berne Convention, against a backdrop of several unsuccessful attempts to reform and consolidate the British copyright regime, the importance of pursuing meaningful Anglo-American copyright negotiations, and the significance of imperial-colonial copyright relations. The commentary also explores the extent to which the cause of Irish Nationalism, and the case for Home Rule, dominated the political landscape in early 1886, so explaining why the opportunity of adhering to the Berne Convention did not also lead to substantive reform of the domestic copyright regime at this time.

Commentary on: The Articles of the Pope's Bulle (1518)

One of the earliest examples of works printed by Richard Pynson, the King's Printer between 1508 and 1530, to make reference to the fact that the work in question was printed under the protection of the King. The royal printing privilege provided one of two different models for preventing the unauthorised reproduction of works after publication which prefigured the introduction of statutory copyright in the early eighteenth century.The commentary describes the early attitudes of the monarchy towards the regulation of the printing trade within England, and the exercise of the royal prerogative in granting printing privileges not just to the royal printer, but to other favoured subjects both in relation to individual works as well as to entire classes of work (with the latter more often referred to as printing patents).

Commentary on Henrician Proclamation 1538:A Proclamation Prohibiting Unlicensed Printing of Scripture (1538)

Royal Proclamation prohibiting the printing and publishing of ecclesiastical and other books without prior licence, as well as the importation, sale and publication of English language texts printed on the continent. This Proclamation established the precedent for the pre-publication licensing of literary works in England.
The commentary describes the background to the Proclamation, in particular the significance of the English Reformation, and Henry VIII's increasing interest in regulating and censuring the press. The commentary suggests that while this early instance of press intervention influenced governmental attitudes to censorship throughout the next 150 years, one of the crucial differences between this and later models of ideological control was that the 1538 Proclamation sought to censure print materials in a manner that was decoupled from the economic ownership and exploitation of such works.

Commentary on early Tudor printing privileges 1553: Totell's Printing Patent (1553)

One of the earliest examples of work printed by Richard Pynson, the King's Printer between 1508 and 1530, to make reference to the fact that the work in question was printed under the protection of the King. The royal printing privilege provided one of two different models for preventing the unauthorised reproduction of works after publication which prefigured the introduction of statutory copyright in the early eighteenth century.
The commentary describes the early attitudes of the monarchy towards the regulation of the printing trade within England, and the exercise of the royal prerogative in granting printing privileges not just to the royal printer, but to other favoured subjects both in relation to individual works as well as to entire classes of work (with the latter more often referred to as printing patents).

Commentary on the Stationers' Royal Charter 1557

Royal Charter providing the Company of Stationers with corporate legal status within the City of London, and conferring on them exclusive control over printing within England. The grant of the Charter ensured that the Company's licensing procedures became the standard by which members of the book trade secured the right to print and publish literary works, giving rise to what is generally referred to as ‘stationers' copyright'.
The grant of the Charter by Mary is often understood as the point at which the monarchy established an effective regulatory institution to control and censure the press, in the guise of the Stationers' Company, in exchange for an absolute monopoly over the production of printed works. In fact, the commentary suggests that censorship of the press throughout the Tudor period remained an essentially ad hoc and reactive phenomenon, and that both Mary and Elizabeth relied, not primarily upon the Company of Stationers, but on the use of statutory instruments and royal proclamations to censure heretical and treasonous texts.

Commentary on the Elizabethan Injunctions 1559

Royal Proclamation setting out the manner in which the Elizabethan Church was to be reformed and governed. Injunction 51 of this Proclamation continued in the tradition of Henry VIII's 1538 Proclamation in providing the legal foundation for a system of pre-publication licensing in Elizabethan England.
The commentary describes how, in accordance with the Injunctions, the licensing and censorship of the press was to be carried out, not by the Stationers' Company, but by the Privy Council and Elizabeth's newly established Ecclesiastical Commission (the High Commission). It also details how Elizabeth also continued to rely upon the sporadic use of statutory measures and royal proclamations to respond to seditious or heretical texts. Moreover, it suggests that, in practice, the extent to which the Elizabethan press was subject to regulatory control was much less draconian than has usually been suggested.

Commentary on early Tudor printing privileges 1559: Day's privilege for The Cosmographical Glass

An early example of a printing privilege granted to protect the printing of an individual work, in this case William Conningham's The Cosmographical Glass. The commentary describes the early attitudes of the monarchy towards the regulation of the printing trade within England, and the exercise of the royal prerogative in granting printing privileges not just to the royal printer, but to other favoured subjects both in relation to individual works as well as to entire classes of work (with the latter more often referred to as printing patents).

Commentary on Star Chamber Decree 1566

A decree prohibiting the publication of any book considered to be contrary to statute, injunction, ordinance and letters patents, as well as banning the importation of such works. This provided the first occasion on which the proprietary interests of the Stationers' Company and the ideological control of the press become explicitly linked.
The commentary describes the background to the Decree and in particular the concern of Elizabeth's High Commission over the influx of Catholic texts from continental Europe. The commentary argues that the Decree is particularly significant in that it formalised, for the first time, the specific link between the interests of the government in regulating and censuring the press and the economic interests of the Stationers' Company. The formal inclusion of the category of ‘letters patents' within the remit of the Decree ensured that works published under a printing privilege now attracted the formal protection of the Star Chamber.

Commentary on Star Chamber Decree 1586

A decree prohibiting the publication of any book contrary to statute, injunction, ordinance and letters patents, as well as any ordinance set down by the Company of Stationers. The formal protection of the Star Chamber was extended not only to books protected under royal printing privileges (see: uk_1566) but to books printed in contravention of the internal regulations of the Stationers' Company itself, further enhancing the significance of ‘stationers' copyright'.
The commentary describes the background to the decree, in particular the religious controversies of the 1570s and 1580s, as well as the dissatisfaction within the general printing trade during this period at the manner in which a number of the printing privileges granted by Elizabeth resulted in the monopolistic control of commercially lucrative works within the hands of a few stationers only. The commentary also details the efforts of the dominant members of the Stationers' Company to influence the substance of the decree and further augment their control over the internal operation of the book trade.

Commentary on the Statute of Monopolies 1624

Legislation restricting the monarch's ability to make monopoly grants in accordance with the royal prerogative, and providing a statutory basis for the patent system. The legislation established the basis upon which patents for "new manufacture[s]" might be granted to "the true and first inventor" of the same in furthering the interests of industry, the economy, and the state. At the same time, privileges concerning printing were left unaffected by the legislation, as were those for the manufacture of saltpetre or gunpowder and for the casting and making of ordnance (canons). In limiting the term of protection for future patents to 14 years while confining existing patents for the same to a period of 21 years, the legislation influenced the choice of the two copyright terms in the Statute of Anne 1710.

Commentary on Star Chamber Decree 1637

A decree of the Star Chamber designed to regulate the printing of all literary works, whether ecclesiastical or secular in nature. The decree further entrenched the significance and validity of ‘stationers' copyright' in requiring that no work be printed without first being entered on the Company of Stationers' Register Book. The decree also provided that any materials printed thereafter were to carry both the name of the printer and the author of the work.
The commentary describes how, by comparison with earlier decrees (see: uk_1566; uk_1586), the 1637 Decree provided a more elaborate system for licensing both ecclesiastical and secular works as well as a more comprehensive set of regulations to govern the operation of the printing trade. As a regulatory measure, it is widely regarded as representing the high point of the Company of Stationers' control and authority over the book trade.

Commentary on the Humble Remonstrance of the Company of Stationers 1643

A petition from the Company of Stationers to Parliament to introduce some form of legislative regulation of the press. The petition is significant in revealing the extent to which the Stationers depended upon the state to support the regulation of the book trade, as well as the nature of the various public and private interest arguments upon which they sought to base their claim. The commentary articulates the various arguments presented by the Stationers within their petition. The benefits of the legal regulation they suggested concerned not only the censorship and suppression of seditious and heretical texts, but also facilitated the advancement of learning and knowledge and the flourishing of the printing industry itself. In addition, the petition presents the figure of the ‘author' as reliant upon the benefit of his work, and that the ‘production of the Brain' was to be regarded as equivalent to any other commodity or chattel.

Commentary on the Licensing Act 1662

Legislation prohibiting the publication of any literary work without prior licence.
Drawing upon both the Star Chamber Decree 1637 (uk_1637) and the Acts Regulating Printing during the Interregnum (see: uk_1643 and associated documents), the Licensing Act set out a comprehensive set of provisions concerning both the licensing of the press and the regulation and management of the book trade. In addition, it confirmed the rights of those holding printing privileges (or patents) granted in accordance with the royal prerogative (see for example: Day's privilege for The Cosmographical Glass (uk_1559b)) as well as those who had registered works with the Stationers' Company (uk_1557). It also introduced the first legal library deposit requirement. In force between 1662 and 1679, and then again between 1685 and 1695, the Act represents the last occasion on which the censorship of the press was formally and strategically linked to the protection of the economic interests of the Stationers' Company. Its lapse led the Stationers' Company to lobby parliament for renewed protection, ultimately resulting in the passing of the Statute of Anne 1710 (uk_1710).

Commentary on Milton's Contract 1667

The contract between the poet John Milton and the stationer Samuel Simmons, concerning the publication of Paradise Lost, is the earliest agreement between an author and a publisher for which there exists documentary evidence. The commentary suggests that, while the terms of the contract do not necessarily reveal anything substantive about how authors in the mid-seventeenth century understood the nature of the rights they had in their manuscript work, it is nevertheless significant. Since the early eighteenth century, Milton, his work, and his contract with Simmons, were all co-opted, in a variety of ways, to service contemporary debates about the status of the author, about author-publisher relations, and about the nature of the relationship between an author and his work within the context of the emerging copyright regime.

Commentary on Locke's Second Treatise on Government (1690)

Extracts from a treatise in which Locke sets out his labour theory of property.
Locke's writings on the labour theory of property provided eighteenth century proponents of the concept of copyright at common law (that is, copyright as a natural authorial property right) with a philosophical basis upon which to develop their arguments. The commentary explores the significance of a series of correspondence between John Locke and Edward Clarke, then MP for Taunton, concerning the lapse of the Licensing Act 1662 (uk_1662), and in the run up to the passing of the Statute of Anne 1710 (uk_1710). The commentary argues that, regardless of how Locke's writings on property were subsequently co-opted in the mid-eighteenth century debates as to the nature of copyright, it is doubtful whether Locke himself considered that copyright existed at common law.