A look at copyright laws and practices through the ages.

Intellectual property has become a dominant feature of our knowledge based economy in recent years, but how has property rights in intangible items developed? This book brings together for the first time exemplary scholarship with diverse approaches to the history of United States intellectual property protection, including trade secrets, trademark, copyright, and patent law. These articles, written by leading experts in the field and often challenging conventional narratives, underscore the importance of historical perspectives for understanding how an extensive, evolving framework for the regulation of knowledge emerged in the modern period. By tracing intellectual property from an historical perspective - not merely providing justifications in philosophy or economics in the abstract - this book draws upon the past to address contemporary debates over such varied topics as: access to knowledge; policing copyright infringement; whether employees should own the products of their minds; the role of national borders in an age of digital information; and the very future of intellectual property as stakeholders and consumers contest the extent of its legal protection.

A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.

There has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. Crucial to this activity has been a burgeoning focus on unpublished primary sources, enabling new and stimulating insights. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.

Metaphors, moral panics, folk devils, Jack Valenti, Joseph Schumpeter, John Maynard Keynes, predictable irrationality, and free market fundamentalism are a few of the topics covered in this lively, unflinching examination of the Copyright Wars: the pitched battles over new technology, business models, and most of all, consumers. In Moral Panics and the Copyright Wars, William Patry lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. Patry demonstrates how copyright is a utilitarian government program--not a property or moral right. As a government program, copyright must be regulated and held accountable to ensure it is serving its public purpose. Just as Wall Street must serve Main Street, neither can copyright be left to a Reaganite "magic of the market." The way we have come to talk about copyright--metaphoric language demonizing everyone involved--has led to bad business and bad policy decisions. Unless we recognize that the debates over copyright are debates over business models, we will never be able to make the correct business and policy decisions. A centrist and believer in appropriately balanced copyright laws, Patry concludes that calls for strong copyright laws, just like calls for weak copyright laws, miss the point entirely: the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning. Our current regime, unfortunately, creates too many bad incentives, leading to bad conduct. Just as President Obama has called for re-tooling and re-imagining the auto industry, Patry calls for a remaking of our copyright laws so that they may once again be respected.

"This impressive collaborative effort by two dozen leading authorities in the field will be essential reading for any serious student of the history of American publishing and print culture during one of its most crucially transformative periods." Lawrence Buell, Harvard University "A magnificent achievement. Brilliant editing and graceful writing shatter many old assumptions about the world of the Founders. Linking intellectual history with politics, social change, and the distinctive experiences of women, African Americans and Indians, An Extensive Republic is the rare reference book that is also a mesmerizing read." Linda K. Kerber, author of No Constitutional Right to Be Ladies: Women and the Obligations of Citizenship "This volume provides a fascinating revisionist history of the United States through its focus on what was printed, how the economy of the book trades worked, who was reading, and what role reading came to assume in all sorts of people's lives. Editors Gross and Kelley make a strong team, and the contributors represent an array of disciplines suitable to the equally wide range of printed material in the United States between 1790 and 1840." Patricia Crain, New York University Volume 2 of A History of the Book in America documents the development of a distinctive culture of print in the new American republic. Between 1790 and 1840 printing and publishing expanded, and literate publics provided a ready market for novels, almanacs, newspapers, tracts, and periodicals. Government, business, and reform drove the dissemination of print. Through laws and subsidies, state and federal authorities promoted an informed citizenry. Entrepreneurs responded to rising demand by investing in new technologies and altering the conduct of publishing. Voluntary societies launched libraries, lyceums, and schools, and relied on print to spread religion, redeem morals, and advance benevolent goals. Out of all this ferment emerged new and diverse communities of citizens linked together in a decentralized print culture where citizenship meant literacy and print meant power. Yet in a diverse and far-flung nation, regional differences persisted, and older forms of oral and handwritten communication offered alternatives to print. The early republic was a world of mixed media.

Volume 1 of A History of the Book in America, The Colonial Book in the Atlantic World, encompasses the seventeenth and eighteenth centuries. It is organized around three major themes: the persisting colonial relationship between European settlements and the Old World; the gradual emergence of a pluralistic book trade that differentiated printers from booksellers; and the transition from a 'culture of the Word', organized around an understanding of print as a vehicle of the sacred, to the culture of republicanism, epitomized by Benjamin Franklin, and culminating in the uses of print during the Revolutionary era. The volume will also describe nascent forms of literary and learned culture (including the circulation of manuscripts), literacy and censorship, orality, and the efforts by Europeans to introduce written literary to Native Americans and African Americans.