Literary Property
Collier's New Encyclopedia (1921)
intellectual productions expressed in a literary form. In United States law it is defined as the sole liberty of printing, reprinting, publishing, and vending the same. Though there is evidence that among the Greeks and the Romang authors earned financial profit through their books, and though the scribes of the Middle Ages, who were almost exclusively monks, often gained their liveli hood thereby, the right of property in the multiplication of such books is a modern ally greatly added to the possible returns inherent in literary work, but the emolument that went to the author continued small. The earliest instance on record of an author being safeguarded in his literary property is the case of Peter of Ravenna, whom the Republic of Venice in 1491 endowed with the exclusive right of printing and selling his work "Phœnix." The Ordonnances des Moulins of Charles IX. in 1566 and the letters patent of Henry III. in 1576, in France, likewise gave some definition to literary property. In 1512, in Germany, John Stadium received an imperial privilege for every book he might print, and in Basel, in 1531, printers were prohibited for three years from reprinting the books of one another. To Pynson, who succeeded Caxton, was issued in 1518 the first English copyright. From that time on privileges continued to be issued to authors and publishers. The idea of international copyright was first taken up in Germany, particularly in Prussia, which in 1836 gave protection to the writers of every country that reciprocated such protection. In the year following, Henry Clay put before the United States Congress a petition by British authors in favor of an international copyright act. From that time on efforts to secure international copyright have continued, and laws to give effect to that purpose have been passed in all the countries of Europe and America.
What Has Changed in the Last Century
Collier's in 1921 could report only that "efforts to secure international copyright have continued" — the United States then stood outside the Berne Convention of 1886, requiring registration, deposit and a printed notice before an author had any rights at all. That changed slowly: the Universal Copyright Convention of 1952 bridged the gap, the Copyright Act of 1976 replaced the 1909 statute Collier's was describing, and the United States finally joined Berne in 1989, so that protection now attaches automatically the moment a work is fixed in tangible form. Terms have stretched far beyond anything the 1921 writer knew — in the US and the EU, generally the author's life plus 70 years. The phrase "literary property" itself has largely given way to "copyright" and the broader "intellectual property," and the law now spends most of its energy on software, film, music and online reproduction rather than on the printing and vending of books.
Written for this edition, 2026.