Free Trade in Books — The 1878 Royal Commission on Copyright
King's College London – The Dickson Poon School of Law
October 1, 2013
Forthcoming, Journal of the Copyright Society of the USA, 2014
King's College London Law School Research Paper No. 2014-22
The doctrine of free trade dominated Victorian policy discussions for decades — including those about copyright law. But the application of free trade doctrine to copyright policy discussions was not at all straightforward. Professed free trade supporters disagreed profoundly on the question of copyright. Some saw it as an illegitimate restriction on trade, while others viewed it as a mode of enforcing a natural property right. Why did the application of free doctrine to copyright policy result in such widely divergent positions on the proper scope and purpose of copyright law? This article attempts to answer that question, focusing on the 1878 Royal Commission on Copyright as illustrative of the extent to which free trade doctrine failed to guide copyright policy consistently. The complex relationship between free trade and copyright is a powerful example of the extent to which political ideologies are not predictive of individual views on the optimal scope of copyright protection.
Number of Pages in PDF File: 51
Keywords: copyright, intellectual property, legal history, free trade, politics, ideology
Date posted: March 20, 2014 ; Last revised: June 17, 2014
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