Understanding nineteenth century precedent is one of the more difficult tasks in copyright today. This paper considers why the nineteenth century cases and treatises failed to clearly identify what the author owns of “right” and the implications for the criterion of originality and for determining infringement today.
Date of this Version
Kathy Bowrey, "On clarifying the role of originality and fair use in 19th century UK jurisprudence: appreciating "the humble grey which emerges as the result of long controversy"" (October 2008). University of New South Wales Faculty of Law Research Series 2008. Working Paper 58.