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6 - Domestic problems

Published online by Cambridge University Press:  25 July 2009

Catherine Seville
Affiliation:
University of Cambridge
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Summary

The first observation which a study of the existing law suggests is that its form, as distinguished from its substance, seems to us bad. The law is wholly destitute of any sort of arrangement, incomplete, often obscure, and even when it is intelligible upon long study, it is in many parts so ill-expressed that no one who does not give such study to it can expect to understand it.

This was the frank assessment of the 1878 Royal Commission, following its thorough review of ‘Home Copyright’. What is striking about domestic copyright law throughout the second half of the nineteenth century, and even into the beginning of the twentieth century, is how little could be done to address its widely admitted defects. Talfourd's vision even as early as 1837 had been of a grand consolidating bill. He was obliged to curtail his original scheme significantly, and, given the opposition which had been faced, the achievements of the 1842 Act were in one sense considerable. Yet, viewed as a platform which, by default, had to serve for almost seventy years as a basis for Britain's copyright law in a period of rapid economic and intellectual change, the 1842 Act was defective in many ways, and grew yet more so as the century progressed. Fundamental aspects of domestic copyright law were dispersed among numerous statutes which lacked consistency of purpose. Nor was the international sphere adequately addressed, either with regard to Britain's colonies, or to foreign states.

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The Internationalisation of Copyright Law
Books, Buccaneers and the Black Flag in the Nineteenth Century
, pp. 253 - 295
Publisher: Cambridge University Press
Print publication year: 2006

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  • Domestic problems
  • Catherine Seville, University of Cambridge
  • Book: The Internationalisation of Copyright Law
  • Online publication: 25 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495274.007
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  • Domestic problems
  • Catherine Seville, University of Cambridge
  • Book: The Internationalisation of Copyright Law
  • Online publication: 25 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495274.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Domestic problems
  • Catherine Seville, University of Cambridge
  • Book: The Internationalisation of Copyright Law
  • Online publication: 25 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495274.007
Available formats
×