Pope versus Curll (1741) Revisited

Abstract

Pope versus Curll is frequently presented as a seminal case in copyright law and intellectual property more generally; one that marked – perhaps shaped even – the evolutionary trajectory of copyright leading to today’s configuration of the right. Mostly, this is because of the way the case bifurcated property in the physical embodiment of the work placed on the market from that in its intangible expression. As we will show, once background and context come into play, the case can be seen also as heralding a new stage towards the professionalization of the author who becomes a key property holder in the capitalist system and an independent market actor. But it tells us much else besides, as we will see.