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Honor among thieves: how nineteenth century American pirate publishers simulated copyright protection

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  • Ryan Safner

    (Hood College)

Abstract

From 1790 to 1891, the United States prevented foreign authors from obtaining domestic copyright protection, implicitly subsidizing a domestic reprinting industry. With foreign works a “free” and unprotected resource, American publishers created a system of voluntary norms, known as “trade courtesy” to create and enforce pseudo-property rights in uncopyrighted foreign works, simulating the effects of legal copyright protection. This paper analyzes this system using the Bloomington School’s institutional design principles to understand its effectiveness and pitfalls in managing the commons of unprotected foreign works in nineteenth Century America.

Suggested Citation

  • Ryan Safner, 2023. "Honor among thieves: how nineteenth century American pirate publishers simulated copyright protection," Economics of Governance, Springer, vol. 24(1), pages 119-141, March.
    • Handle: RePEc:spr:ecogov:v:24:y:2023:i:1:d:10.1007_s10101-023-00289-2
    DOI: 10.1007/s10101-023-00289-2
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    References listed on IDEAS

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    1. Aligica, Paul Dragos & Tarko, Vlad, 2013. "Co-Production, Polycentricity, and Value Heterogeneity: The Ostroms’ Public Choice Institutionalism Revisited," American Political Science Review, Cambridge University Press, vol. 107(4), pages 726-741, November.
    2. Buchanan, James M & Yoon, Yong J, 2000. "Symmetric Tragedies: Commons and Anticommons," Journal of Law and Economics, University of Chicago Press, vol. 43(1), pages 1-13, April.
    3. Eli Dourado & Alex Tabarrok, 2015. "Public choice perspectives on intellectual property," Public Choice, Springer, vol. 163(1), pages 129-151, April.
    4. Boldrin,Michele & Levine,David K., 2010. "Against Intellectual Monopoly," Cambridge Books, Cambridge University Press, number 9780521127264, October.
    5. Cole, Daniel H. & Epstein, Graham & Mcginnis, Michael D., 2014. "Digging deeper into Hardin's pasture: the complex institutional structure of ‘the tragedy of the commons’," Journal of Institutional Economics, Cambridge University Press, vol. 10(3), pages 353-369, September.
    6. Stanley M. Besen & Leo J. Raskind, 1991. "An Introduction to the Law and Economics of Intellectual Property," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 3-27, Winter.
    7. Wilson, David Sloan & Ostrom, Elinor & Cox, Michael E., 2013. "Generalizing the core design principles for the efficacy of groups," Journal of Economic Behavior & Organization, Elsevier, vol. 90(S), pages 21-32.
    8. Safner, Ryan, 2016. "Institutional entrepreneurship, wikipedia, and the opportunity of the commons," Journal of Institutional Economics, Cambridge University Press, vol. 12(4), pages 743-771, December.
    9. Klein, Benjamin & Crawford, Robert G & Alchian, Armen A, 1978. "Vertical Integration, Appropriable Rents, and the Competitive Contracting Process," Journal of Law and Economics, University of Chicago Press, vol. 21(2), pages 297-326, October.
    10. Williamson, Oliver E, 1983. "Credible Commitments: Using Hostages to Support Exchange," American Economic Review, American Economic Association, vol. 73(4), pages 519-540, September.
    11. B. Zorina Khan, 2004. "Does Copyright Piracy Pay? The Effects of U.S. International Copyright Laws on the Market for Books, 1790-1920," NBER Working Papers 10271, National Bureau of Economic Research, Inc.
    12. Michael Heller, 1997. "The Tragedy of the Anticommons: Property in the Transiton from Marx to Markets," William Davidson Institute Working Papers Series 40, William Davidson Institute at the University of Michigan.
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    Cited by:

    1. Alexander Cuntz & Carsten Fink & Hansueli Stamm, 2024. "Artificial Intelligence and Intellectual Property : An Economic Perspective," WIPO Economic Research Working Papers 77, World Intellectual Property Organization - Economics and Statistics Division.

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    More about this item

    Keywords

    Copyright; Intellectual property; Literary piracy; Publishing; Economic history; Commons;
    All these keywords.

    JEL classification:

    • H41 - Public Economics - - Publicly Provided Goods - - - Public Goods
    • K29 - Law and Economics - - Regulation and Business Law - - - Other
    • N40 - Economic History - - Government, War, Law, International Relations, and Regulation - - - General, International, or Comparative
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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