Please use this identifier to cite or link to this item:
Appears in Collections:History and Politics Book Chapters and Sections
Title: ‘A Mongrel of Early Modern Copyright’: Scotland in European Perspective
Author(s): Mann, Alastair J
Contact Email:
Editor(s): Deazley Ronan, Ronan
Kretschmer, Martin
Bently, Lionel
Citation: Mann A (2010) ‘A Mongrel of Early Modern Copyright’: Scotland in European Perspective. In: Deazley Ronan R, Kretschmer M & Bently L (eds.) Privilege and Property: Essays on the History of Copyright. Cambridge: Open Book Publishers, pp. 51-65.
Keywords: Copyright
Early modern
Booksellers and bookselling Scotland
Issue Date: 2010
Date Deposited: 16-Feb-2011
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. © 2010 Ronan Deazley, Martin Kretschmer and Lionel Bently. Some rights are reserved. This book is made available under the Creative Commons Attribution-Non-Commercial-No Derivative 2.0. This license allows for copying any part of the work for personal and non-commercial use, providing author attribution is clearly stated.
Licence URL(s):

Files in This Item:
File Description SizeFormat 
A Mongrel of Early Modern Copyright Scotland in European Perspective.pdfFulltext - Accepted Version154.52 kBAdobe PDFView/Open

This item is protected by original copyright

A file in this item is licensed under a Creative Commons License Creative Commons

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

The metadata of the records in the Repository are available under the CC0 public domain dedication: No Rights Reserved

If you believe that any material held in STORRE infringes copyright, please contact providing details and we will remove the Work from public display in STORRE and investigate your claim.