What is the Point of Copyright History?:Reflections on Copyright at Common law in 1774 by H. Tomás Gómez-Arostegui

Copyright history has long been a subject of intense and contested enquiry. Historical narratives about the early development of copyright were first prominently mobilised in eighteenth century British legal discourse, during the so-called Battle of the Booksellers between Scottish and London publishers. The two landmark copyright decisions of that time – Millar v. Taylor (1769) and Donaldson v. Becket (1774) – continue to provoke debate today. The orthodox reading of Millar and Donaldson presents copyright as a natural proprietary right at common law inherent in authors. Revisionist accounts dispute that traditional analysis. These conflicting perspectives have, once again, become the subject of critical scrutiny with the publication of Copyright at Common Law in 1774 by Prof Tomas Gomez-Arostegui in 2014, in the Connecticut Law Review ((2014) 47 Conn. L. Rev. 1) and as a CREATe Working Paper (No. 2014/16, 3 November 2014).

Taking Prof Gomez-Arostegui’s extraordinary work in this area as a point of departure, Dr Elena Cooper and Professor Ronan Deazley (then both academics at CREATe) organised an event, held at the University of Glasgow on 26th and 27th March 2015, to consider the interplay between copyright history and contemporary copyright policy. Is Donaldson still relevant, and, if so, why? What justificatory goals are served by historical investigation, and what might be learned from the history of the history of copyright? Does the study of copyright history still have any currency within an evidence-based policy context that is increasingly preoccupied with economic impact analysis?

This paper provides a lasting record of these discussions, including an editorial introduction, written comments by each of the panelists and Prof. Gomez-Arostegui and an edited transcript of the Symposium debate.

Commentary on the Booksellers' Bill (1737)

This Bill marks the first occasion on which the British legislature proposed to confer upon authors a lifetime interest in their literary works (with an additional eleven year post-mortem term vesting in their estates), as well as limited rights of translation and abridgement. In addition the draft legislation proposed to render null and void any contract purporting to assign an author's rights to another for a period of longer than ten years.
The commentary describes the background to the Bill, and in particular the attempts of the London book trade to secure more extensive legislative protection in both 1735 and 1737. It argues that the 1737 Bill is significant precisely because it was never made into law, and because it did not suit the best interests of the metropolitan booksellers. Instead, the book trade increasingly turned to the courts to further secure their commercial interests, giving rise to what is commonly referred to as the ‘battle of the booksellers' throughout the next 40 years.

Incised Pleistocene valleys in the Western Belgium coastal plain: Age, origins and implications for the evolution of the Southern North Sea Basin

The Belgian coastal plain occupies a key position as it is located at the transition between the Southern North Sea Basin and the Strait of Dover. It is characterized by thick sequences (> 20 m) of Pleistocene terrestrial and littoral sediments. Yet the wider stratigraphical and palaeo-environmental significance of these sediments received little attention. In this paper we draw on the results of a recent sedimentological study based on > 100 drillings that spans the Pleistocene sequence, and present new biostratigraphical (pollen, foraminifera, ostracods) data, all revealing a complex history of deposition. The record includes evidence of the development of incised-valley systems that were initiated in the late Middle and Late Pleistocene. Five phases of fluvial incision can be identified. The majority of the infills are deposited in an estuarine environment that passes into a fluvial environment land inward, except the Weichselian infill which has a predominant fluvial origin. The greatest part of the most seaward located zone of the western coastal plain was free of valley incisions, there, shallow marine sediments built up the record. Local biostratigraphical investigations provide a timeframe. The result is placed in a regional context.