Chapter

Copyright Law and Social Norms

Michael D Birnhack

in Colonial Copyright

Published in print October 2012 | ISBN: 9780199661138
Published online January 2013 | e-ISBN: 9780191746147 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199661138.003.0007
Copyright Law and Social Norms

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Chapter 6 provides a socio-legal explanation for the slow reception of colonial copyright within the Hebrew community. It discusses the state of the legal field (including lawyers and legal education), and concludes that until circa 1930, it was unable to handle copyright cases. However, despite the cultural gap (discussed in Chapter 5) and the state of the legal field, the local cultural field did face some legal difficulties and challenges. The participants in the local field (authors, publishers, and translators) developed an alternative set of norms, adding to an overall scheme of private ordering. It included literary norms, contractual norms, business and industry practices (such as early publications of forthcoming books, a practice carried to Palestine from Eastern and central Europe), and social norms. The latter were mostly of public shaming, in the form of publishing notices in literary journals

Keywords: lawyers; legal education; authors; publishers; translators; private ordering; commercial norms; social norms; public shaming

Chapter.  12746 words. 

Subjects: History of Law

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