Abstract
Examining the tension between the public domain and exclusive rights in printed matter in the Dutch Republic from 1580 to 1795, this essay shows that public domain status did not always permit unrestricted printing. The study focuses on educational and religious works, state documents and almanacs, and classical authors to reveal the complex interplay between public domain and state control.
In the field of educational literature, the States of Holland refrained from granting privileges for books listed in the 1625 School Order. Nevertheless, some textbooks were still granted exclusive rights, especially if they contained new methods or annotations. Religious works were subject to similar legal tensions. When the 1632 privilege for the Dutch State Bible expired in 1652, the book entered the public domain, but remained subject to strict printing regulations as it was now regulated as a commons. State documents followed a reverse trajectory, moving from state ownership to a public domain status. Early resolutions prohibited unauthorized reprinting of government publications and required government permission for republication. It was not until the nineteenth century that government legislation and case law became public domain material. Another example concerns almanacs and the works of auctores classici, which were traditionally free of copyright. However, public domain status did not mean free use, as issues such as defamation could restrict use. The essay cites the example of an engraver who was reprimanded in 1669 for copying a painting of a famous person, raising early concerns about defamation and personality rights.
Through such examples, the essay highlights the nuanced relationship between the public domain and exclusive printing rights, showing that public domain status was not synonymous with unrestricted use and often involved strict regulation. This changed in the nineteenth century, when privileges and censorship were replaced by liberal ideas of freedom of the press and copyright protection. Still, many old constructions of the public domain survived in the copyright legislation in the nineteenth century, rendering specific types of works protected and others unprotected, contrary to how these works are treated in the present time. By examining the historical context and evolving legal frameworks, the essay thus underscores the complexity of the status of the public domain in the Dutch Republic and shows that the balance between state control and unrestricted use has always been a sensitive and unstable issue.
In the field of educational literature, the States of Holland refrained from granting privileges for books listed in the 1625 School Order. Nevertheless, some textbooks were still granted exclusive rights, especially if they contained new methods or annotations. Religious works were subject to similar legal tensions. When the 1632 privilege for the Dutch State Bible expired in 1652, the book entered the public domain, but remained subject to strict printing regulations as it was now regulated as a commons. State documents followed a reverse trajectory, moving from state ownership to a public domain status. Early resolutions prohibited unauthorized reprinting of government publications and required government permission for republication. It was not until the nineteenth century that government legislation and case law became public domain material. Another example concerns almanacs and the works of auctores classici, which were traditionally free of copyright. However, public domain status did not mean free use, as issues such as defamation could restrict use. The essay cites the example of an engraver who was reprimanded in 1669 for copying a painting of a famous person, raising early concerns about defamation and personality rights.
Through such examples, the essay highlights the nuanced relationship between the public domain and exclusive printing rights, showing that public domain status was not synonymous with unrestricted use and often involved strict regulation. This changed in the nineteenth century, when privileges and censorship were replaced by liberal ideas of freedom of the press and copyright protection. Still, many old constructions of the public domain survived in the copyright legislation in the nineteenth century, rendering specific types of works protected and others unprotected, contrary to how these works are treated in the present time. By examining the historical context and evolving legal frameworks, the essay thus underscores the complexity of the status of the public domain in the Dutch Republic and shows that the balance between state control and unrestricted use has always been a sensitive and unstable issue.
Original language | English |
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Publication status | Published - 2024 |
Event | PSOC Workshop: Privilege and Property II, CREATe, University of Glasgow, & CIPIL, University of Cambridge - online Duration: 10 Jun 2024 → … |
Workshop
Workshop | PSOC Workshop: Privilege and Property II, CREATe, University of Glasgow, & CIPIL, University of Cambridge |
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Period | 10/06/24 → … |