Rethinking Copyright: History, Theory, Language

This book provides the reader with a critical insight into the history and theory of copyright within contemporary legal and cultural discourse. It exposes as myth the orthodox history of the development of copyright law in eighteenth-century Britain and explores the way in which that myth became entrenched throughout the nineteenth and early twentieth centuries. To this historical analysis are added two theoretical approaches to copyright not otherwise found in mainstream contemporary texts. Rethinking Copyright introduces the reader to copyright through the prism of the public domain before considering how best to locate copyright within the parameters of traditional property discourse. Underpinning these various historical and theoretical strands, the book explores the constitutive power of legal writing and the place of rhetoric in framing and determining contemporary copyright policy and discourse.

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.

By our tongues united? Irish and Scots language contact in rural Ulster

This article suggests that the impact of long-term language contact between the languages of Irish, Scots and English in the province of Ulster led to a hybridisation of accent which challenges traditional ethnolinguistic differentiations - namely, the myth that Catholics and Protestants can be differentiated by their accent. The digitisation of archive recordings from the Tape Recorded Survey of Hiberno-English (TRSHE) permitted a detailed phonetic analysis of two speakers from Atticall, a rural townland in the Mourne Mountains with a unique geographical and linguistic setting, due to the close proximity of Ulster Scots and Irish speakers in the area. Phonological features associated with Irish, Northern English and Lowland Scots were garnered from previous dialectological research in Irish, English and Scots phonologies, which aided with the interpretation of the data. Other contemporaneous recordings from the TRSHE allowed further comparison of phonological features with areas of Ulster in which linguistic interaction between Scots and Irish was expected to be less prevalent, such as Arranmore, Donegal (primarily Irish) and Glarryford, Antrim (primarily Scots). Accommodation theory and substrate/superstrate interaction illuminate patterns of phonological transfer in Mourne, Arranmore and Glarryford English, supporting the conclusion that accent in contemporary Northern Ireland is built upon a linguistic heritage of contact and exchange, rather than political or ethnolinguistic division