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The history of copyright starts with early privileges and monopolies granted to
printers Printer may refer to: Technology * Printer (publishing), a person or a company * Printer (computing), a hardware device * Optical printer for motion picture films People * Nariman Printer ( fl. c. 1940), Indian journalist and activist * Jam ...
of
books A book is a medium for recording information in the form of writing or images, typically composed of many pages (made of papyrus, parchment, vellum, or paper) bound together and protected by a cover. The technical term for this physical ar ...
. The British
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the g ...
1710, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and
derivative work In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in fo ...
s were made subject to copyright and copyright now covers a wide range of works, including
map A map is a symbolic depiction emphasizing relationships between elements of some space, such as objects, regions, or themes. Many maps are static, fixed to paper or some other durable medium, while others are dynamic or interactive. Although ...
s,
performance A performance is an act of staging or presenting a play, concert, or other form of entertainment. It is also defined as the action or process of carrying out or accomplishing an action, task, or function. Management science In the work place ...
s,
painting Painting is the practice of applying paint, pigment, color or other medium to a solid surface (called the "matrix" or "support"). The medium is commonly applied to the base with a brush, but other implements, such as knives, sponges, and ...
s,
photograph A photograph (also known as a photo, image, or picture) is an image created by light falling on a photosensitive surface, usually photographic film or an electronic image sensor, such as a CCD or a CMOS chip. Most photographs are now create ...
s,
sound recording Sound recording and reproduction is the electrical, mechanical, electronic, or digital inscription and re-creation of sound waves, such as spoken voice, singing, instrumental music, or sound effects. The two main classes of sound recording te ...
s,
motion pictures A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmosphere ...
and
computer program A computer program is a sequence or set of instructions in a programming language for a computer to execute. Computer programs are one component of software, which also includes documentation and other intangible components. A computer program ...
s. Today national copyright laws have been standardised to some extent through international and regional agreements such as the
Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of leg ...
and the European copyright directives. Although there are consistencies among nations' copyright laws, each jurisdiction has separate and distinct laws and regulations about copyright. Some jurisdictions also recognize
moral rights Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work pu ...
of creators, such as the right to be credited for the work.
Copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
s are
exclusive rights In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power (sociology), power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny ot ...
granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression or fixation. In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
. Uses which are covered under
limitations and exceptions to copyright Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a ...
, such as
fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests ...
, do not require permission from the copyright owner. All other uses require permission and copyright owners can license or permanently transfer or assign their exclusive rights to others.


Early developments

The earliest recorded historical case-law on the right to copy comes from ancient
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
. The Cathach is the oldest extant Irish manuscript of the
Psalter A psalter is a volume containing the Book of Psalms, often with other devotional material bound in as well, such as a liturgical calendar and litany of the Saints. Until the emergence of the book of hours in the Late Middle Ages, psalters we ...
and the earliest example of Irish writing. It contains a
Vulgate The Vulgate (; also called (Bible in common tongue), ) is a late-4th-century Latin translation of the Bible. The Vulgate is largely the work of Jerome who, in 382, had been commissioned by Pope Damasus I to revise the Gospels u ...
version of
Psalms The Book of Psalms ( or ; he, תְּהִלִּים, , lit. "praises"), also known as the Psalms, or the Psalter, is the first book of the ("Writings"), the third section of the Tanakh, and a book of the Old Testament. The title is derived ...
XXX (30) to CV (105) with an interpretative rubric or heading before each psalm. It is traditionally ascribed to
Saint Columba Columba or Colmcille; gd, Calum Cille; gv, Colum Keeilley; non, Kolban or at least partly reinterpreted as (7 December 521 – 9 June 597 AD) was an Irish abbot and missionary evangelist credited with spreading Christianity in what is toda ...
as the copy, made at night in haste by a miraculous light, of a Psalter lent to Columba by St. Finnian. In the 6th century, a dispute arose about the ownership of the copy and King Diarmait Mac Cerbhaill gave the judgement "To every cow belongs her calf, therefore to every book belongs its copy." The
Battle of Cúl Dreimhne The battle of Cúl Dreimhne (also known as the ''Battle of the Book'') took place in the 6th century in the túath of Cairbre Drom Cliabh (now Co. Sligo) in northwest Ireland. The exact date for the battle varies from 555 AD to 561 AD. 560 AD is ...
was fought over this issue. Modern copyright law has been influenced by an array of older legal rights that have been recognized throughout history, including the moral rights of the author who created a work, the economic rights of a benefactor who paid to have a copy made, the property rights of the individual owner of a copy, and a sovereign's right to censor and to regulate the printing industry. The origins of some of these rights can be traced back to ancient Greek culture, ancient Jewish law, and ancient Roman law. In Greek society, during the sixth century B.C.E., there emerged the notion of the individual self, including personal ideals, ambition, and creativity. The individual self is important in copyright because it distinguishes the creativity produced by an individual from the rest of society. In ancient Jewish Talmudic law there can be found recognition of the moral rights of the author and the economic or property rights of an author. Prior to the invention of
movable type Movable type (US English; moveable type in British English) is the system and technology of printing and typography that uses movable components to reproduce the elements of a document (usually individual alphanumeric characters or punctuatio ...
in the West in the mid-15th century, texts were copied by hand and the small number of texts generated few occasions for these rights to be tested. During the
Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterr ...
, a period of prosperous book trade, no copyright or similar regulations existed,Martial, ''The Epigrams'', Penguin, 1978, James Mitchie copying by those other than professional booksellers was rare. This is because books were, typically, copied by literate slaves, who were expensive to buy and maintain. Thus, any copier would have had to pay much the same expense as a professional publisher. Roman book sellers would sometimes pay a well-regarded author for first access to a text for copying, but they had no exclusive rights to a work and authors were not normally paid anything for their work. Martial, in his ''Epigrams'', complains about receiving no profit despite the popularity of his poetry throughout the Roman Empire. The
printing press A printing press is a mechanical device for applying pressure to an inked surface resting upon a printing, print medium (such as paper or cloth), thereby transferring the ink. It marked a dramatic improvement on earlier printing methods in wh ...
came into use in Europe in the 1400s and 1500s, and made it much cheaper to produce books. As there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re-
set Set, The Set, SET or SETS may refer to: Science, technology, and mathematics Mathematics *Set (mathematics), a collection of elements *Category of sets, the category whose objects and morphisms are sets and total functions, respectively Electro ...
and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented the incomes of many academics. Printing brought profound social changes. The rise in
literacy Literacy in its broadest sense describes "particular ways of thinking about and doing reading and writing" with the purpose of understanding or expressing thoughts or ideas in written form in some specific context of use. In other words, huma ...
across
Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
led to a dramatic increase in the
demand In economics, demand is the quantity of a good that consumers are willing and able to purchase at various prices during a given time. The relationship between price and quantity demand is also called the demand curve. Demand for a specific item ...
for reading matter.''Copyright in Historical Perspective'', p. 136-137, Patterson, 1968, Vanderbilt Univ. Press Prices of reprints were low, so publications could be bought by poorer people, creating a mass-market readership. In German-speaking areas, most publications were academic papers, and most were scientific and technical publications, often
autodidactic Autodidacticism (also autodidactism) or self-education (also self-learning and self-teaching) is education without the guidance of masters (such as teachers and professors) or institutions (such as schools). Generally, autodidacts are individua ...
practical instruction manuals on topics such as
dike Dyke (UK) or dike (US) may refer to: General uses * Dyke (slang), a slang word meaning "lesbian" * Dike (geology), a subvertical sheet-like intrusion of magma or sediment * Dike (mythology), ''Dikē'', the Greek goddess of moral justice * Dikes ...
construction. After copyright law became established (in 1710 in England, and in the 1840s in German-speaking areas) the low-price mass market vanished, and fewer, more expensive editions were published.
Heinrich Heine Christian Johann Heinrich Heine (; born Harry Heine; 13 December 1797 – 17 February 1856) was a German poet, writer and literary critic. He is best known outside Germany for his early lyric poetry, which was set to music in the form of '' Lied ...
, in a 1854 letter to his publisher, complains: "Due to the tremendously high prices you have established, I will hardly see a second edition of the book anytime soon. But you must set lower prices, dear Campe, for otherwise I really don't see why I was so lenient with my material interests."


Early privileges and monopolies

The origin of copyright law in most European countries lies in efforts by the church and governments to regulate and control the output of printers. Before the invention of the
printing press A printing press is a mechanical device for applying pressure to an inked surface resting upon a printing, print medium (such as paper or cloth), thereby transferring the ink. It marked a dramatic improvement on earlier printing methods in wh ...
, a writing, once created, could only be physically multiplied by the highly laborious and error-prone process of manual copying by scribes. An elaborate system of censorship and control over
scribes A scribe is a person who serves as a professional copyist, especially one who made copies of manuscripts before the invention of automatic printing. The profession of the scribe, previously widespread across cultures, lost most of its promi ...
did not exist, as scribes were scattered and worked on single manuscripts. Printing allowed for multiple exact copies of a work, leading to a more rapid and widespread circulation of ideas and information (see
print culture Print culture embodies all forms of printed text and other printed forms of visual communication. One prominent scholar of print culture in Europe is Elizabeth Eisenstein, who contrasted the print culture of Europe in the centuries after the ad ...
). In 1559 the
Index Expurgatorius The ''Index Librorum Prohibitorum'' ("List of Prohibited Books") was a list of publications deemed heretical or contrary to morality by the Sacred Congregation of the Index (a former Dicastery of the Roman Curia), and Catholics were forbidde ...
, or ''List of Prohibited Books'', was issued for the first time. In Europe
printing Printing is a process for mass reproducing text and images using a master form or template. The earliest non-paper products involving printing include cylinder seals and objects such as the Cyrus Cylinder and the Cylinders of Nabonidus. The ea ...
was invented and widely established in the 15th and 16th centuries. While governments and church encouraged printing in many ways, which allowed the dissemination of
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of texts of a ...
s and government information, works of dissent and criticism could also circulate rapidly. As a consequence, governments established controls over printers across Europe, requiring them to have official licences to trade and produce books. The licenses typically gave printers the exclusive right to print particular works for a fixed period of years, and enabled the printer to prevent others from printing the same work during that period. The licenses could only grant rights to print in the territory of the state that had granted them, but they did usually prohibit the import of foreign printing. The
republic of Venice The Republic of Venice ( vec, Repùblega de Venèsia) or Venetian Republic ( vec, Repùblega Vèneta, links=no), traditionally known as La Serenissima ( en, Most Serene Republic of Venice, italics=yes; vec, Serenìsima Repùblega de Venèsia, ...
granted its first privilege for a particular book in 1486. It was a special case, being the history of the city itself, the ''Rerum venetarum ab urbe condita opus'' of
Marcus Antonius Coccius Sabellicus Marcus Antonius Coccius Sabellicus or Marcantonio Sabellico (1436–1506) was a scholar and historian from Venice. He is known for his universal history, ''Enneades sive Rhapsodia historiarum''. Life Born in Vicovaro, his surname was originally C ...
. The second author in the world to achieve copyright, Royal printing privileges, was the humanist and grammarian
Antonio de Nebrija Antonio de Nebrija (14445 July 1522) was the most influential Spanish humanist of his era. He wrote poetry, commented on literary works, and encouraged the study of classical languages and literature, but his most important contributions were i ...
, in ''Lexicon hoc est Dictionarium ex sermone latino in hispaniensem'' (Salamanca, 1492). From 1492 onwards Venice began regularly granting privileges for books. The Republic of Venice, the dukes of
Florence Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilancio demografico an ...
, and
Leo X Pope Leo X ( it, Leone X; born Giovanni di Lorenzo de' Medici, 11 December 14751 December 1521) was head of the Catholic Church and ruler of the Papal States from 9 March 1513 to his death in December 1521. Born into the prominent political an ...
and other Popes conceded at different times to certain printers the exclusive privilege of printing for specific terms (rarely exceeding 14 years) editions of classic authors. The first copyright privilege in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
bears date 1518 and was issued to
Richard Pynson Richard Pynson (c. 1449 – c. 1529) was one of the first printers of English books. Born in Normandy, he moved to London, where he became one of the leading printers of the generation following William Caxton. His books were printed to a high ...
, King's Printer, the successor to
William Caxton William Caxton ( – ) was an English merchant, diplomat and writer. He is thought to be the first person to introduce a printing press into England, in 1476, and as a printer (publisher), printer to be the first English retailer of printed boo ...
. The privilege gives a monopoly for the term of two years. The date is 15 years later than that of the first privilege issued in
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
. Early copyright privileges were called "monopolies," particularly during the reign of Queen Elizabeth, who frequently gave grants of monopolies in articles of common use, such as salt, leather, coal, soap, cards, beer, and wine. The practice was continued until the
Statute of Monopolies The Statute of Monopolies 162321 Jac 1 c 3 was an Act of the Parliament of England notable as the first statutory expression of English patent law. Patents evolved from letters patent, issued by the monarch to grant monopolies over particular ...
was enacted in 1623, ending most monopolies, with certain exceptions, such as patents; after 1623, grants of
Letters patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
to publishers became common. The earliest German privilege of which there is trustworthy record was issued in 1501 by the
Aulic Council The Aulic Council ( la, Consilium Aulicum, german: Reichshofrat, literally meaning Court Council of the Empire) was one of the two supreme courts of the Holy Roman Empire, the other being the Imperial Chamber Court. It had not only concurrent juri ...
to an association entitled the ''Sodalitas Rhenana Celtica'', for the publication of an edition of the dramas of
Hroswitha of Gandersheim Hrotsvitha (c. 935–973) was a secular canoness who wrote drama and Christian poetry under the Ottonian dynasty. She was born in Bad Gandersheim to Saxon nobles and entered Gandersheim Abbey as a canoness. She is considered the first female writ ...
, which had been prepared for the press by
Conrad Celtes Conrad Celtes (german: Konrad Celtes; la, Conradus Celtis (Protucius); 1 February 1459 – 4 February 1508) was a German Renaissance humanist scholar and poet of the German Renaissance born in Franconia (nowadays part of Bavaria). He led the ...
. According to historian Eckhard Höffner indicated that there was no effective copyright legislation in Germany in the early 19th century.
Prussia Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...
introduced a copyright law in 1837, but even then authors and publishers just had to go to another German state to circumvent its ruling. As the "menace" of printing spread, governments established centralized control mechanisms, and in 1557 the
English Crown This list of kings and reigning queens of the Kingdom of England begins with Alfred the Great, who initially ruled Wessex, one of the seven Anglo-Saxon kingdoms which later made up modern England. Alfred styled himself King of the Anglo-Sax ...
thought to stem the flow of seditious and heretical books by chartering the
Stationers' Company The Worshipful Company of Stationers and Newspaper Makers (until 1937 the Worshipful Company of Stationers), usually known as the Stationers' Company, is one of the livery companies of the City of London. The Stationers' Company was formed in ...
. The right to print was limited to the members of that guild, and thirty years later the
Star Chamber The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
was chartered to curtail the "greate enormities and abuses" of "dyvers contentyous and disorderlye persons professinge the arte or mystere of pryntinge or selling of books." The right to print was restricted to two universities and to the 21 existing printers in the
city of London The City of London is a city, ceremonial county and local government district that contains the historic centre and constitutes, alongside Canary Wharf, the primary central business district (CBD) of London. It constituted most of London fr ...
, which had 53
printing presses A printing press is a mechanical device for applying pressure to an inked surface resting upon a print medium (such as paper or cloth), thereby transferring the ink. It marked a dramatic improvement on earlier printing methods in which the ...
. The French crown also repressed printing, and printer Etienne Dolet was burned at the stake in 1546. As the English took control of type founding in 1637, printers fled to the Netherlands. Confrontation with authority made printers radical and rebellious, and 800 authors, printers and book dealers were incarcerated in the
Bastille The Bastille (, ) was a fortress in Paris, known formally as the Bastille Saint-Antoine. It played an important role in the internal conflicts of France and for most of its history was used as a state prison by the kings of France. It was sto ...
before it was stormed in 1789. The notion that the expression of dissent or subversive views should be tolerated, not censured or punished by law, developed alongside the rise of
printing Printing is a process for mass reproducing text and images using a master form or template. The earliest non-paper products involving printing include cylinder seals and objects such as the Cyrus Cylinder and the Cylinders of Nabonidus. The ea ...
and the
press Press may refer to: Media * Print media or news media, commonly called "the press" * Printing press, commonly called "the press" * Press (newspaper), a list of newspapers * Press TV, an Iranian television network People * Press (surname), a fam ...
. The
Areopagitica ''Areopagitica; A speech of Mr. John Milton for the Liberty of Unlicenc'd Printing, to the Parlament of England'' is a 1644 prose polemic by the English poet, scholar, and polemical author John Milton opposing licensing and censorship. ''Are ...
, published in 1644 under the full title ''Areopagitica: A speech of Mr. John Milton for the liberty of unlicensed printing to the Parliament of England'', was
John Milton John Milton (9 December 1608 – 8 November 1674) was an English poet and intellectual. His 1667 epic poem '' Paradise Lost'', written in blank verse and including over ten chapters, was written in a time of immense religious flux and political ...
's response to the
English parliament The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised ...
re-introducing government licensing of
printers Printer may refer to: Technology * Printer (publishing), a person or a company * Printer (computing), a hardware device * Optical printer for motion picture films People * Nariman Printer ( fl. c. 1940), Indian journalist and activist * Jam ...
, hence
publishers Publishing is the activity of making information, literature, music, software and other content available to the public for sale or for free. Traditionally, the term refers to the creation and distribution of printed works, such as books, newsp ...
. In doing so Milton articulated the main strands of future discussions about
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
. By defining the scope of freedom of expression and of "harmful" speech Milton argued against the principle of pre-censorship and in favour of tolerance for a wide range of views.


Early British copyright law

In England the printers, known as stationers, formed a collective organisation, known as the
Stationers' Company The Worshipful Company of Stationers and Newspaper Makers (until 1937 the Worshipful Company of Stationers), usually known as the Stationers' Company, is one of the livery companies of the City of London. The Stationers' Company was formed in ...
. In the 16th century the Stationers' Company was given the power to require all lawfully printed books to be entered into its register. Only members of the Stationers' Company could enter books into the register. This meant that the Stationers' Company achieved a dominant position over publishing in 17th-century England (no equivalent arrangement formed in Scotland and Ireland). The monopoly came to an end in 1695, when the English Parliament did not renew the Stationers' Company's power. In 1707 the parliaments of England and Scotland were united as a result of the Anglo-Scottish Union. The new parliament was able to change the laws in both countries and an important early piece of legislation was the Copyright Act of 1710, also known as the
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the g ...
, after Queen Anne. The act came into force in 1710 and was the first copyright statute. Its full title was "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned". The enforcement of the Statute of Anne in April 1710 marked a historic moment in the development of copyright law. As the world's first copyright statute it granted publishers of a book legal protection of 14 years with the commencement of the statute. It also granted 21 years of protection for any book already in print. The Statute of Anne had a much broader social focus and remit than the monopoly granted to the
Stationers' Company The Worshipful Company of Stationers and Newspaper Makers (until 1937 the Worshipful Company of Stationers), usually known as the Stationers' Company, is one of the livery companies of the City of London. The Stationers' Company was formed in ...
. The statute was concerned with the reading public, the continued production of useful literature, and the advancement and spread of education. The central plank of the statute is a social
quid pro quo Quid pro quo ('what for what' in Latin) is a Latin phrase used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other; "a favor for a favor". Phrases with similar meanings include: "give and take", ...
; to encourage "learned men to compose and write useful books" the statute guaranteed the finite right to print and reprint those works. It established a pragmatic bargain involving authors, the booksellers and the public. The Statute of Anne ended the old system whereby only literature that met the
censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
standards administered by the booksellers could appear in print. The statute furthermore created a
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
for literature, as previously all literature belonged to the booksellers forever. According to Patterson and Lindberg, the Statute of Anne:
"... transformed the stationers' copyright - which had been used as a device of monopoly and an instrument of censorship - into a trade-regulation concept to promote learning and to curtail the monopoly of publishers ... The features of the Statute of Anne that justify the epithet of trade regulation included the limited term of copyright, the availability of copyright to anyone, and the price-control provisions. Copyright, rather than being perpetual, was now limited to a term of fourteen years, with a like renewal term being available only to the author (and only if the author were living at the end of the first term)."
When the statutory
copyright term The copyright term is the length of time copyright subsists in a work before it passes into the public domain. In most of the world, this length of time is the life of the author plus either 50 or 70 years. Length of copyright Copyright subsists f ...
provided for by the Statute of Anne began to expire in 1731 London booksellers thought to defend their dominant position by seeking
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
s from the
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
for works by authors that fell outside the statute's protection. At the same time the London booksellers lobbied parliament to extend the copyright term provided by the Statute of Anne. Eventually, in a case known as '' Midwinter v Hamilton'' (1743–1748), the London booksellers turned to
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
and started a 30-year period known as the ''battle of the booksellers''. The battle of the booksellers saw London booksellers locking horns with the newly emerging Scottish book trade over the right to reprint works falling outside the protection of the Statute of Anne. The Scottish booksellers argued that no
common law copyright Common law copyright is the legal doctrine that grants copyright protection based on common law of various jurisdictions, rather than through protection of statutory law. In part, it is based on the contention that copyright is a natural right an ...
existed in an author's work. The London booksellers argued that the Statute of Anne only supplemented and supported a pre-existing common law copyright. The dispute was argued out in a number of notable cases, including '' Millar v Kincaid'' (1749–1751) and '' Tonson v Collins'' (1761–1762).


Common law copyright

A debate raged on whether printed ideas could be owned and London booksellers and other supporters of perpetual copyright argued that without it scholarship would cease to exist and that authors would have no incentive to continue creating works of enduring value if they could not
bequeath Historically, a bequest is personal property given by will and a devise is real property given by will. Today, the two words are often used interchangeably. The word ''bequeath'' is a verb form for the act of making a bequest. Etymology Bequest c ...
the property rights to their descendants. Opponents of perpetual copyright argued that it amounted to a
monopoly A monopoly (from Greek language, Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situati ...
, which inflated the price of books, making them less affordable and therefore prevented the spread of the Enlightenment. London booksellers were attacked for using rights of authors to mask their greed and self-interest in controlling the book trade. When ''
Donaldson v Beckett ''Donaldson v Becket'' (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords that held that copyright in published works was not perpe ...
'' reached the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
in 1774,
Lord Camden Marquess Camden is a title in the Peerage of the United Kingdom. It was created in 1812 for the politician John Pratt, 2nd Earl Camden. The Pratt family descends from Sir John Pratt, Lord Chief Justice from 1718 to 1725. His third son from hi ...
was most strident in his rejection of common law copyright, warning the Lords that, should they vote in favour of common law copyright, effectively a perpetual copyright, "all our learning will be locked up in the hands of the Tonsons and the Lintots of the age". Moreover, he warned, booksellers would then set upon books whatever price they pleased "till the public became as much their slaves, as their own hackney compilers are". He declared that "Knowledge and science are not things to be bound in such cobweb chains." In its ruling the House of Lords established that the rights and responsibilities in copyright were determined by legislation. There is however still disagreement over whether the House of Lords affirmed the existence of common law copyright before it was superseded by the Statute of Anne. The Lords had traditionally been hostile to the booksellers' monopoly and were aware of how the doctrine of
common law copyright Common law copyright is the legal doctrine that grants copyright protection based on common law of various jurisdictions, rather than through protection of statutory law. In part, it is based on the contention that copyright is a natural right an ...
, promoted by the booksellers, was used to support their case for a perpetual copyright. The Lords clearly decided against perpetual copyright and, by confirming that the
copyright term The copyright term is the length of time copyright subsists in a work before it passes into the public domain. In most of the world, this length of time is the life of the author plus either 50 or 70 years. Length of copyright Copyright subsists f ...
(the length of time that a work is in copyright) did expire according to statute, the Lords also affirmed the
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
. The ruling in ''
Donaldson v Beckett ''Donaldson v Becket'' (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords that held that copyright in published works was not perpe ...
'' confirmed that a large number of works and books first published in Britain were in the public domain, either because the copyright term granted by statute had expired or because they were first published before the
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the g ...
was enacted in 1710. This opened the market for cheap reprints of works by
Shakespeare William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's nation ...
,
Milton Milton may refer to: Names * Milton (surname), a surname (and list of people with that surname) ** John Milton (1608–1674), English poet * Milton (given name) ** Milton Friedman (1912–2006), Nobel laureate in Economics, author of '' Free t ...
and
Chaucer Geoffrey Chaucer (; – 25 October 1400) was an English poet, author, and civil servant best known for '' The Canterbury Tales''. He has been called the "father of English literature", or, alternatively, the "father of English poetry". He w ...
, works now considered classics. The expansion of the public domain in books broke the dominance of the London booksellers and allowed for competition, with the number of London booksellers and publishers rising nearly threefold, from 111 to 308, between 1772 and 1802. Eventually an understanding was established whereby authors had a pre-existing common law copyright over their work, but that with the Statute of Anne parliament had limited these rights in order to strike a more appropriate balance between the interests of the author and the wider social good. According to Patterson and Livingston, confusion about the nature of copyright has remained ever since. Copyright has come to be viewed both as a natural-law right of the author and as the statutory grant of a limited
monopoly A monopoly (from Greek language, Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situati ...
. One theory holds that copyright is created simply by the creation of a work, the other that it is owed to a copyright statute. In August 1906 ''The Copyright Law for Music Act 1906'', known as the ''
T.P. O'Connor Thomas Power O'Connor (5 October 1848 – 18 November 1929), known as T. P. O'Connor and occasionally as Tay Pay (mimicking his own pronunciation of the initials ''T. P.''), was an Irish nationalist politician and journalist who served as a ...
Bill'' was added to copyright law when it was passed by the
British Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
, following many of the popular music writers at the time dying in poverty due to extensive piracy by gangs during the piracy crisis of sheet music in the early 20th century. The gangs would buy a copy of the music at full price, copy it, and resell it, often at half the price from the original.


Early French copyright law

In pre-
revolutionary A revolutionary is a person who either participates in, or advocates a revolution. The term ''revolutionary'' can also be used as an adjective, to refer to something that has a major, sudden impact on society or on some aspect of human endeavor. ...
France all books needed to be approved by official censors and authors and publishers had to obtain a royal privilege before a book could be published. Royal privileges were exclusive and usually granted for six years, with the possibility of renewal. Over time it was established that the owner of a royal privilege has the sole right to obtain a renewal indefinitely. In 1761 the Royal Council awarded a royal privilege to the heirs of an author rather than the author's publisher, sparking a national debate on the nature of literary property similar to that taking place in Britain during the battle of the booksellers. In 1777 a series of royal decrees reformed the royal privileges. The duration of privileges were set at a minimum duration of 10 years or the life of the author, which ever was longer. If the author obtained a privilege and did not transfer or sell it on, he could publish and sell copies of the book himself, and pass the privilege on to his heirs, who enjoyed an exclusive right into perpetuity. If the privilege was sold to a publisher, the exclusive right would only last the specified duration. The royal decrees prohibited the renewal of privileges and once the privilege had expired anyone could obtain a "permission simple" to print or sell copies of the work. Hence the
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
in books whose privilege had expired was expressly recognised. After the
French Revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considere ...
a dispute over
Comédie-Française The Comédie-Française () or Théâtre-Français () is one of the few state theatres in France. Founded in 1680, it is the oldest active theatre company in the world. Established as a French state-controlled entity in 1995, it is the only state ...
being granted the exclusive right to the public performance of all dramatic works erupted and in 1791 the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
abolished the privilege. Anyone was allowed to establish a public theatre and the National Assembly declared that the works of any author who had died more than five years ago were
public property Public property is property that is dedicated to public use. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership (owned collectively by the population of a state). This is in ...
. In the same degree the National Assembly granted authors the exclusive right to authorise the public performance of their works during their lifetime, and extended that right to the authors' heirs and assignees for five years after the author's death. The National Assembly took the view that a published work was by its nature a public property, and that an author's rights are recognised as an exception to this principle, to compensate an author for his work. In 1793 a new law was passed giving authors, composers, and artists the exclusive right to sell and distribute their works, and the right was extended to their heirs and assigns for 10 years after the author's death. The National Assembly placed this law firmly on a natural right footing, calling the law the "Declaration of the Rights of Genius" and so evoking the famous
Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...
. However, author's rights were subject to the condition of making depositing copies of the work with the
Bibliothèque Nationale A library is a collection of materials, books or media that are accessible for use and not just for display purposes. A library provides physical (hard copies) or digital access (soft copies) materials, and may be a physical location or a vir ...
and 19th-century commentators characterised the 1793 law as
utilitarian In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals. Although different varieties of utilitarianism admit different charac ...
and "a charitable grant from society".


Early United States copyright law

The
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the g ...
did not apply to the American colonies. The economy of early America was largely agrarian and only three private copyright acts had been passed in America prior to 1783. Two of the acts were limited to seven years, the other was limited to a term of five years. In 1783 several authors' petitions persuaded the
Continental Congress The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
"that nothing is more properly a man's own than the fruit of his study, and that the protection and security of literary property would greatly tend to encourage genius and to promote useful discoveries." But under the
Articles of Confederation The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
, the Continental Congress had no authority to enact copyright law. The Continental Congress passed a
resolution Resolution(s) may refer to: Common meanings * Resolution (debate), the statement which is debated in policy debate * Resolution (law), a written motion adopted by a deliberative body * New Year's resolution, a commitment that an individual mak ...
urging the States to "secure to the authors or publishers of any new book not hitherto printed ... the copy right of such books for a certain time not less than fourteen years from the first publication; and to secure to the said authors, if they shall survive the term first mentioned, ... the copy right of such books for another term of time no less than fourteen years. Three states had already enacted copyright statutes in 1783 prior to the Continental Congress resolution, and in the subsequent three years all of the remaining states except
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
passed a copyright statute. Seven of the States followed the
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the g ...
and the Continental Congress' resolution by providing two fourteen-year terms. The five remaining States granted copyright for single terms of fourteen, twenty and twenty one years, with no right of renewal. At the
Philadelphia Convention The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention fr ...
in 1787, both
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
of Virginia and
Charles Cotesworth Pinckney Charles Cotesworth Pinckney (February 25, 1746 – August 16, 1825) was an American Founding Father, statesman of South Carolina, Revolutionary War veteran, and delegate to the Constitutional Convention where he signed the United States Constit ...
of
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
submitted proposals that would allow Congress the power to grant copyright for a limited time. These proposals are the origin of the
Copyright Clause The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 8). The clause, w ...
in the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, which allows the granting of copyright and
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...
s for a limited time to serve a
utilitarian In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals. Although different varieties of utilitarianism admit different charac ...
function, namely "to promote the progress of science and useful arts". The first federal copyright act was the
Copyright Act of 1790 The Copyright Act of 1790 was the first federal copyright act to be instituted in the United States, though most of the states had passed various legislation securing copyrights in the years immediately following the Revolutionary War. The s ...
. It granted copyright for a term of 14 years "from the time of recording the title thereof" with a right of renewal for another 14 years if the author survived to the end of the first term. The act covered not only books, but also maps and charts. Only works both printed within the United States and created by citizens were eligible. With exception of the provision on maps and charts the Copyright Act of 1790 is copied almost verbatim from the
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the g ...
. At the time works only received protection under federal statutory copyright if the statutory formalities, such as a proper copyright notice, were satisfied. If this was not the case the work immediately entered into the
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
. In 1834 the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled in ''
Wheaton v. Peters ''Wheaton v. Peters'', 33 U.S. (8 Pet.) 591 (1834), was the first United States Supreme Court ruling on copyright. The case upheld the power of Congress to make a grant of copyright protection subject to conditions and rejected the doctrine of a ...
'' (a case similar to the 1774 case of ''
Donaldson v Beckett ''Donaldson v Becket'' (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords that held that copyright in published works was not perpe ...
'' in Britain) that although the author of an unpublished work had a common law right to control the first publication of that work, the author did not have a common law right to control reproduction following the first publication of the work.


Early internationalisation

The
Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of leg ...
was first established in 1886, and was subsequently re-negotiated in 1896 (Paris), 1908 (Berlin), 1928 (Rome), 1948 (Brussels), 1967 (Stockholm) and 1971 (Paris). The convention relates to literary and artistic works, which includes films, and the convention requires its member states to provide protection for every production in the literary, scientific and artistic domain. The Berne Convention has a number of core features, including the principle of ''national treatment'', which holds that each member state to the convention would give citizens of other member states the same rights of copyright that it gave to its own citizens (Article 3-5). Another core feature is the establishment of minimum standards of national copyright legislation in that each member state agrees to certain basic rules which their national laws must contain. Though member states can if they wish increase the amount of protection given to copyright owners. One important minimum rule was that the term of copyright was to be a minimum of the author's lifetime plus 50 years. Another important minimum rule established by the Berne Convention is that copyright arises with the creation of a work and does not depend upon any formality such as a system of public registration (Article 5(2)). At the time some countries did require registration of copyright, and when Britain implemented the Berne Convention in the
Copyright Act 1911 The Copyright Act 1911, also known as the Imperial Copyright Act of 1911, was an Act of the Parliament of the United Kingdom (UK) which received Royal Assent on 16 December 1911. The act established copyright law in the UK and the British Empir ...
it had to abolish its system of registration at
Stationers' Hall The Worshipful Company of Stationers and Newspaper Makers (until 1937 the Worshipful Company of Stationers), usually known as the Stationers' Company, is one of the livery companies of the City of London. The Stationers' Company was formed in ...
. The Berne Convention focuses on authors as the key figure in copyright law and the stated purpose of the convention is "the protection of the rights of authors in their literary and artistic works" (Article 1), rather than the protection of publishers and other actors in the process of disseminating works to the public. In the 1928 revision the concept of
moral rights Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work pu ...
was introduced (Article 6bis), giving authors the right to be identified as a such and to object to derogatory treatment of their works. These rights, unlike economic rights such as preventing reproduction, could not be transferred to others. The Berne Convention also enshrined
limitations and exceptions to copyright Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a ...
, enabling the reproduction of literary and artistic works without the copyright owners prior permission. The detail of these exceptions was left to national copyright legislation, but the guiding principle is stated in Article 9 of the convention. The so-called
three-step test The Berne three-step test is a clause that is included in several international treaties on intellectual property. Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective ...
holds that an exception is only permitted "in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author". Free use of copyrighted work is expressly permitted in the case of quotations from lawfully published works, illustration for teaching purposes, and news reporting (Article 10).


Copyright in communist countries


Copyright and technology

* Digital technology introduces a new level of controversy into copyright policy. * Inclusion of software as copyright subject matter on the recommendation of
CONTU CONTU, or the Commission on New Technological Uses of Copyrighted Works, was created to study issues associated with copyrighted works in computers and computer-related works. It was established in 1974 by the 93rd United States Congress for a per ...
and then later with the EU Computer Programs Directive. * Enactment of
Agreement on Trade-Related Aspects of Intellectual Property Rights The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by nat ...
(TRIPS). * Controversy over the copyrightability of databases (''
Feist Publications v. Rural Telephone Service ''Feist Publications, Inc., v. Rural Telephone Service Co.'', 499 U.S. 340 (1991), was a landmark decision by the Supreme Court of the United States establishing that information alone without a minimum of original creativity cannot be protected by ...
'' and contradictory cases); links to the debate over sui generis
Database rights A database right is a '' sui generis'' property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflect ...
. * Enactment of the
World Intellectual Property Organization Copyright Treaty The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides addi ...
; nations begin passing anti-circumvention laws. Commentators such as Barlow (1994) have argued that digital copyright is fundamentally different and will remain persistently difficult to enforce; others such as Stallman (1996) have argued that the Internet deeply undermines the economic rationale for copyright in the first place. These perspectives may lead to the consideration of
alternative compensation system Various copyright alternatives in an alternative compensation systems (ACS) have been proposed as ways to allow the widespread reproduction of digital copyrighted works while still paying the authors and copyright owners of those works. This article ...
s in place of exclusive rights for all types of information, including software, books, movies, and music.


Expansions in scope and operation

* Move from common law and ad hoc grants of monopoly to copyright statutes. * Expansions in subject matter (largely related to technology). * Expansions on duration. * Creation of new exclusive rights (such as performers' and other neighbouring rights). * Creation of collecting societies. * Criminalisation of copyright infringement. * Creation of
anti-circumvention Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 ...
laws.See
Jessica Litman Jessica Litman is a leading intellectual property scholar. She has been ranked as one of the most-cited U.S. law professors in the field of intellectual property/cyberlaw. Litman graduated from Reed College, received an MFA from Southern Methodis ...
, '' Digital Copyright'' (2000), for a detailed discussion of the
legislative history Legislative history includes any of various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, committee hearings, floor debates, and histories of actions taken. Legislative his ...
behind the passage of the 1998
Digital Millennium Copyright Act The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or s ...
, one of the first statutes prohibiting circumvention.
* Courts' application of
secondary liability Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party. The US has statutorily codified secondary li ...
doctrines to cover file sharing networks


See also

* History of music piracy *
History of patent law The history of patents and patent law is generally considered to have started with the Venetian Statute of 1474. Early precedents There is some evidence that some form of patent rights was recognized in Ancient Greece. In 500 BCE, in the Greek ...
*
Copyleft Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, ...
*
International copyright While no creative work is automatically protected worldwide, there are international treaties which provide protection automatically for all creative works as soon as they are fixed in a medium. There are two primary international copyright agreem ...
*
Copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...


References


Further reading

#Eaton S. Drone, ''A Treatise on the Law of Property in Intellectual Productions'', Little, Brown, & Co. (1879). #
Dietrich A. Loeber Dietrich André Loeber (January 4, 1923 in Riga – June 24, 2004 in Hamburg) was a legal scholar and professor of law and legal history. Life Loeber was born into a Baltic German family to J. August Loeber, a law professor, :lv:Latvijas Senāts, ...
, '"Socialist" Features of Soviet Copyright Law', ''Columbia Journal of Transnational Law'', vol. 23, pp 297–313, 1984. # Joseph Lowenstein, ''The Author's Due : Printing and the Prehistory of Copyright'', University of Chicago Press, 2002 # Christopher May, "The Venetian Moment: New Technologies, Legal Innovation and the Institutional Origins of Intellectual Property", ''Prometheus'', 20(2), 2002. # ''
Millar v. Taylor ''Millar v Taylor'' (1769) 4 Burr. 2303, 98 ER 201 is an English court decision that held there is a perpetual common law copyright and that no works ever enter the public domain. It represented a major victory for the bookseller monopolies. Fac ...
'', 4 Burr. 2303, 98 Eng. Rep. 201 (K.B. 1769). #
Lyman Ray Patterson Lyman Ray Patterson (18 February 1929 – 5 November 2003) was an American law professor and an influential copyright scholar and historian. Biography Patterson was born in Macon, Georgia. He graduated from Mercer University, and obtained a ...
, ''
Copyright in Historical Perspective ''Copyright in Historical Perspective'' is an influential work of copyright scholarship by Lyman Ray Patterson. The book traces the history of Anglo-Saxon copyright from the outgoing 15th century to the late 19th century. Starting with William Cax ...
'', Vanderbilt University Press, 1968. # Eric Anderson, ''Pimps and Ferrets: Copyright and Culture in the United States, 1831–1891'', 2010. https://archive.org/details/PimpsAndFerretsCopyrightAndCultureInTheUnitedStates1831-1891 # Brendan Scott, "Copyright in a Frictionless World", ''
First Monday ''First Monday'' is an American legal drama television series which aired on CBS during the midseason replacement from January 15 to May 3, 2002. The series centered on the U.S. Supreme Court. Like another 2002 series, '' The Court'', it was i ...
'', volume 6, number 9 (September 2001), http://firstmonday.org/issues/issue6_9/scott/index.html. #
Charles Forbes René de Montalembert Charles Forbes René de Montalembert (; 15 April 1810, in London – 13 March 1870, in Paris) was a French publicist, historian and Count of Montalembert, Deux-Sèvres, and a prominent representative of liberal Catholicism. Family Charles Forb ...
, ''The Monks of the West from St Benedict to St Bernard'', William Blackwood and Sons, London, 1867, Vol III. #
Augustine Birrell Augustine Birrell KC (19 January 185020 November 1933) was a British Liberal Party politician, who was Chief Secretary for Ireland from 1907 to 1916. In this post, he was praised for enabling tenant farmers to own their property, and for exte ...
, ''Seven Lectures on the Law and History of Copyright in Books'', Rothman Reprints Inc., 1899 (1971 reprint). # Drahos, P. with Braithwaite, J., ''Information Feudalism'', The New Press, New York, 2003. (hc.) # Paul Edward Geller, ''International Copyright Law and Practice'', Matthew Bender. (2000). # '' New International Encyclopedia'' # ''Computer Associates International, Inc. v. Altai, Inc.'', 982 F.2d 693 (2d Cir. 1992) # Armstrong, Elizabeth. '' Before Copyright: the French book-privilege system 1498-1526''. Cambridge University Press (Cambridge: 1990) # Siegrist, Hannes, ''The History and Current Problems of Intellectual Property (1600–2000)'', in: Axel Zerdick ... (eds.), E-merging Media. Communication and the Media Economy of the Future, Heidelberg 2004, p. 311–329. # Gantz, John and Rochester, Jack B. (2005), ''Pirates of the Digital Millennium'', Upper Saddle River: Financial Times Prentice Hall; # Löhr, Isabella, ''Intellectual cooperation in transnational networks: the league of nations and the globalization of intellectual property rights'', in: Mathias Albert ... (eds.), Transnational political spaces. agents - structures - encounters, Frankfurt/Main 2009, p. 58–88. # Ronan Deazley, Martin Kretschmer and Lionel Bently (eds)
Privilege and Property: Essays on the History of Copyright
'' Open Book Publishers (Cambridge: 2010). # Selle, Hendrik; "Open Content? Ancient Thinking on Copyright", ''Revue internationale de droit de l’Antiquité'' 55 (2008) 469–84.


External links


Primary Sources on Copyright (1450–1900)
(British, French, German, Italian, US documents)
''International Copyright and Neighbouring Rights: The Berne Convention and Beyond'' Companion website with historical documents related to international copyright
{{DEFAULTSORT:History Of Copyright Law
Copyright law A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...