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

Week 11 03/31/2015
°
rowEvolution of Copyright: Term and Philosophy
°
°
History of Copyright
°
° England – 15
th
/16
th
Century
 Era: Renaissance, Reformation (Luther, Calvin)
o
Growing dissent with church, Crown, Feudal system
o
Society/culture starts to exalt individual; appreciation for life,
art…
 Printing Press – Gutenberg 1436
o
1505 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, in reaction to technology
°
1534: Crown passes “ The Licensing Act”
° Anyone who wishes to publish written works must first obtain a license
from government.
° Called these rights: “Royal Patent Grants”

Government wants to
o
Censor all anti-crown propaganda
o
Excuse to levy a new tax


But cumbersome to enforce, so deputized few Printers

Each would get exclusive right to publish, pre region. In exchange,
they police all content, collect tax for government.
° New issues Arise:
 Who should be entitled to own/profit from reproduction &
distribution ?

Was no legal expectation to compensate/protect authors

Printers seemingly got perpetual reprint/resale rights

So eventually printers organized (kept monopoly control) renamed
themselves “ The Stationer’s Company”
° 17
th
Century, UK Parliament is now the legal authority
° 1694 – Licensing Act expires
 New printing companies form, start re-producing cheaper versions
of books previously controlled by Stationer’s Company

Stationer’s Company lobbies Parliament to maintain control. Claims
new laws are needed to ensure their profits.
o
Parliament unsympathetic. Stationers suggest a compromise
– suggest they could give more incentives/controls to
authors…Backfired!

Parliament sees need for clearer copyright statute, giving more
clear ownership/rights to author…
°
Statute of Anne 1709 (introduced by UK Parliament)

Differences from Royal Patent Grants
o
Acknowledged “Authors should be primary beneficiaries of
copyright (the right to copy)…but limited duration”
o
For protection, must be: registered, deposited, have a ©
notice displayed on the work
o
Initial 14 year term, expires automatically, unless author
renews for 14 years ( IF renewed = 28 years)
o
Did not clearly address what happens after expiration
 (And some UK courts/precedents had already ruled it
was a perpetual right…so now everything is even more
unclear)
°
UK common law courts/judges put forth newer belief/decisions, that a
copyright is an inherent “ natural right ” of the author


(so intellectual property should be a natural or human right…like
owning any other property)
°
Principles of Statute of Anne borrowed for USA’s 1 st 1790 Copyright Act:
 Initial 14 year term, with 14 year renewal period
 Required deposit, registration & © notice
° **Concept of “natural rights ” was discussed, but never written into US
law

Music not considered – just books/maps/charts
°
1886: Berne convention