Property in Print: Copyright Law, Cultural Conceptions of Authorship, and the American Magazine Industry Heather A. Haveman U.C. Berkeley, Department of Sociology and Haas School of Business 410 Barrows Hall, Berkeley, CA 94720-1980
[email protected] 510-642-3495 Daniel N. Kluttz U.C. Berkeley, Department of Sociology 410 Barrows Hall, Berkeley, CA 94720-1980
[email protected] 23 October, 2013 Abstract We study one dimension of property-rights law, copyright law, and its reciprocal relationship with cultural conceptions of authorship in Britain and America from the early eighteenth to the mid nineteenth century. We assess the joint impact of these forces on the market for literary texts in America and the organizations that published those texts. Because magazines, not books, were the primary forum for literary expression in America during this time, our analysis focuses on magazines. We find that copyright law had limited direct effects on magazines. Very few sought copyright protection for their contents, and the few copyright claims that did exist were not tested by the courts. Instead, magazines freely reprinted work from domestic sources, including other magazines. Because there was no copyright protection in U.S. law for foreign authors during this time, magazines also freely reprinted material from foreign sources. The development of copyright law spurred the emergence of a cultural conception of the author as a paid professional; in turn, this altered the nature of the market for literary texts, as magazines began to pay authors for their original work and compete intensely over the work of the most popular authors.