Colonial Copyright

When the British Empire enacted copyright law for its colonies and called it colonial, or Imperial, copyright, it had its own interests in mind. Deconstructing the imperial policy regarding copyright offers a startling glimpse into how this law was received in the colonies themselves. Offering the first in-depth study from the point of view of the colonized, this book suggests a general model of Colonial Copyright as it was understood as the intersection of legal transplants, colonial law, and the particular features of copyright, especially authorship. Taking as a case study the story of Mandate Palestine (1917-1948), the book details the untold history of the copyright law that became the basis of Israeli law, and still is the law in the Palestinian Authority. It queries the British motivation in enacting copyright law, traces their first, indifferent reaction, and continues with the gradual absorption into the local legal and cultural systems. In the modern era copyright law is at the forefront of globalization but this was no less true when colonial copyright first emerged. By shining a light on the introduction and reception of copyright law in Mandate Palestine, the book illuminates the broader themes of copyright law: the questions surrounding the concept of authorship; the relationship between copyright and the demands of progress; and the complications of globalization.

The history of colonial copyright is most often told from the perspective of the colonizers. Reversing the trend, this study of the early roots of copyright in the British Empire provides a sophisticated theoretical framework, contextualizing early copyright law as a form of globalization and examining its impact on colonial affairs and modern law.

In Dockside Reading Isabel Hofmeyr traces the relationships among print culture, colonialism, and the ocean through the institution of the British colonial Custom House. During the late nineteenth and early twentieth centuries, dockside customs officials would leaf through publications looking for obscenity, politically objectionable materials, or reprints of British copyrighted works, often dumping these condemned goods into the water. These practices, echoing other colonial imaginaries of the ocean as a space for erasing incriminating evidence of the violence of empire, informed later censorship regimes under apartheid in South Africa. By tracking printed matter from ship to shore, Hofmeyr shows how literary institutions like copyright and censorship were shaped by colonial control of coastal waters. Set in the environmental context of the colonial port city, Dockside Reading explores how imperialism colonizes water. Hofmeyr examines this theme through the concept of hydrocolonialism, which puts together land and sea, empire and environment.

Norwegians in colonial Africa and Oceania had varying aspirations and adapted in different ways to changing social, political and geographical circumstances in foreign, colonial settings. They included Norwegian shipowners, captains, and diplomats; traders and whalers along the African coast and in Antarctica; large-scale plantation owners in Mozambique and Hawai’i; big business men in South Africa; jacks of all trades in the Solomon Islands; timber merchants on Zanzibar’ coffee farmers in Kenya; and King Leopold’s footmen in Congo. This collection reveals narratives of the colonial era that are often ignored or obscured by the national histories of former colonial powers. It charts the entrepreneurial routes chosen by various Norwegians and the places they ventured, while demonstrating the importance of recognizing the complicity of such “non-colonial colonials” for understanding the complexity of colonial history.

What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.