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Title: ‘A Mongrel of Early Modern Copyright’: Scotland in European Perspec
Author(s): Mann, Alastair
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Editor(s): Deazley, Ronan
Kretschmer, Martin
Bently, Lionel
Citation: Mann A (2010) ‘A Mongrel of Early Modern Copyright’: Scotland in European Perspective. In: Deazley Ronan, Kretschmer Martin, Bently Lionel (ed.). Privilege and Property: Essays on the History of Copyright, Cambridge: Open Book Publishers, pp. 51
Keywords: Copyright
Early modern
Issue Date: 2010
Abstract: First paragraph: The copyright history of Scotland is generally seen to be a post 1710 phenomenon.1 English and European commentators, but also Scottish, have been guilty of this somewhat lazy approach. Scottish historians of copyright, such as they are, have however lauded the role of Scottish judges in the evolution of British copyright law in the eighteenth century. The significance of Scottish legal traditions and theory over the interpretation of copyright, helped lead, it is asserted, to the final judgment of the House of Lords in 1774. Certainly this interest in the "battle of the booksellers" has encouraged an output focusing on the eighteenth century.2 Not all though are convinced of the significance of copyright liberalisation. Recently in Richard Sher's excellent volume The Enlightenment and the Book (2006), a study of Scottish authors and publishing in the Enlightenment, he states that the "Impact of Lords copyright decision [of 1774] should not be exaggerated" and that trade expanded regardless of copyright.3 However, this takes no allowance of an early modern and perhaps "mongrel" tradition of copyright in Scotland which profoundly influenced attitudes to intellectual property, encouraged freedom of commercial exploitation and was a precursor to a surprisingly robust Scottish Enlightenment.
Rights: Published in Privilege and Property: Essays on the History of Copyright by Open Book Publishers.; Open Access. Publisher statement: "Open Book Publishers eliminates the restrictions imposed on authors and users by copyright agreements. Applying the emerging Creative Commons framework OBP seeks non-exclusive rights to provide electronic and hard copies of the work published. Authors, therefore, will retain the copyright on their own work, and the rights to publish their work for both commercial and non-commercial purposes, including holding it in repositories, create derivative works and to reproduce, distribute, publicly perform, and publicly display their book in connection with their teaching, conference presentations, lectures, other scholarly works and professional activities. As part of our Open Access ethos, access to the electronic version of a book will be free and open to all worldwide".; Privilege and Property. Essays on the

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