Notes 3-31-15 - Week 11 03/31/2015 rowEvolution of...

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Week 1103/31/2015°rowEvolution of Copyright: Term and Philosophy°°History of Copyright°°England – 15th/16thCenturyEra: Renaissance, Reformation (Luther, Calvin)oGrowing dissent with church, Crown, Feudal systemoSociety/culture starts to exalt individual; appreciation for life,art…Printing Press – Gutenberg 1436o1505 first publication of music°What government cared about:New ability for Public to disseminate ideas, vs.No (legal) freedom of speech!°So laws were created, inreactionto technology°1534: Crown passes “The Licensing Act”°Anyone who wishes to publish written works must first obtain a licensefrom government.°Called these rights:“Royal Patent Grants”Government wants tooCensor all anti-crown propagandaoExcuse to levy a new tax
But cumbersome to enforce, so deputized few PrintersEach would get exclusive right to publish, pre region.In exchange,theypolice all content, collect tax for government.°New issues Arise:Whoshouldbe entitled toown/profitfromreproduction &distribution?Was no legal expectation to compensate/protect authorsPrinters seemingly got perpetual reprint/resale rightsSo eventually printers organized (kept monopoly control) renamedthemselves “The Stationer’s Company”°17thCentury, UK Parliament is now the legal authority°1694 – Licensing Act expiresNew printing companies form, start re-producing cheaper versionsof books previously controlled by Stationer’s CompanyStationer’s Company lobbies Parliament to maintain control. Claimsnew laws are needed to ensure their profits.oParliament unsympathetic.Stationers suggest a compromise– suggest they could give more incentives/controls toauthors…Backfired!Parliament sees need for clearer copyright statute, giving moreclear ownership/rights to author…°Statute of Anne 1709(introduced by UK Parliament)Differences from Royal Patent GrantsoAcknowledged “Authors should be primary beneficiaries ofcopyright (the right to copy)…but limited duration”oFor protection, must be: registered, deposited, have a ©notice displayed on the workoInitial 14 year term, expires automatically,unlessauthorrenews for 14 years (IFrenewed =28 years)oDid not clearly addresswhathappens after expiration(And some UK courts/precedents had already ruled itwas a perpetual right…so now everything is even moreunclear)°UK common law courts/judges put forth newer belief/decisions, that acopyright is an inherent “natural right” of the author
(so intellectual property should be a natural or human right…likeowning any other property)°Principles of Statute of Anne borrowed for USA’s 1st1790 Copyright Act:Initial 14 year term, with 14 year renewal periodRequired deposit, registration & © notice°**Concept of “natural rights” was discussed, but never written into USlawMusic not considered – just books/maps/charts°1886: Berne convention

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Term
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Digital Millennium Copyright Act, Digital rights management, United States copyright law, sound recordings

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