Cecily Zamora
The first copyright law, the Statute of Anne, was established in Britain in 1710. The law was enacted to grant legal protection to publishers of books for 14 years, with 21 years of protection for any book already in print. This law was the first of its kind and set a precedent for copyright laws worldwide. The primary intention of the Statute of Anne was to incentivize authors, artists, and scientists to create original works by providing them with a monopoly on their creations for a limited time. Over time, copyright laws have evolved to include a broader range of works, such as literary, musical, dramatic, and audiovisual creations, and the duration of copyright protection has been extended and revised.
| Characteristics | Values |
|---|---|
| First copyright law | The British Statute of Anne, 1710 |
| First federal copyright law | Copyright Act of 1790 |
| First work registered | Philadelphia Spelling Book, 1790 |
| Copyright protection | 14 years with a 14-year renewal period |
| Copyright protection scope | Books, maps, and charts |
| Copyright registration | United States District Courts |
| Copyright expansion | Literary works, music, sound recordings, dramatic works, choreography, pantomimes, visual artworks, audiovisual works, architectural works |
| Copyright benefits | Authors, inventors, owners |
| Copyright purpose | Promote progress, secure exclusive rights, encourage learning, protect intellectual creativity |
| Copyright evolution | Censorship, control, printing press, movable type, technology |
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What You'll Learn
The Statute of Anne (1710)
The Statute of Anne, also known as the Copyright Act 1709 or the Copyright Act 1710, was the first statute to provide for copyright regulated by the government and courts, rather than private parties. The act came into force in 1710 and was the first copyright statute.
Prior to the Statute of Anne, copying restrictions were authorised by the Licensing of the Press Act 1662. These restrictions were enforced by the Stationers' Company, a guild of printers who had been granted the exclusive power to print—and the responsibility to censor—literary works. The censorship administered under the Licensing Act led to public protest, and as the act had to be renewed every two years, authors and others successfully lobbied against its reauthorisation. In 1694, Parliament refused to renew the Licensing Act, ending the Stationers' monopoly and press restrictions. Over the next 10 years, the Stationers repeatedly advocated for bills to re-authorise the old licensing system, but Parliament declined to enact them.
Faced with this failure, the Stationers decided to emphasise the benefits of licensing to authors rather than publishers, and they succeeded in getting Parliament to consider a new Bill. This Bill, which after substantial amendments was granted royal assent on 5 April 1710, became known as the Statute of Anne owing to its passage during the reign of Queen Anne. The new law prescribed a copyright term of 14 years, with a provision for renewal for a similar term, during which only the author and the printers to whom they chose to license their works could publish the author's creations. Following this, the work's copyright would expire, with the material falling into the public domain.
The Statute of Anne was a "watershed event in Anglo-American copyright history", transforming what had been the publishers' private law copyright into a public law grant. It marked the first time that copyright had been vested primarily in the author, rather than the publisher, and also the first time that the injurious treatment of authors by publishers was recognised. The legislation also provided for the same rights for the authors or owners of books already in print for a single 21-year term. Once registration had been completed and the deposits made, the author was granted an exclusive right to control the copying of the book. Penalties for infringing this right were severe, with all infringing copies to be destroyed and large fines to be paid to both the copyright holder and the government.
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Protecting authors' intellectual creativity
The first copyright law, the British Statute of Anne, was enacted in 1710. The act, also known as the Copyright Act of 1710, was the first to grant legal protection to authors and their works. The primary intention of this legislation was to protect and promote the intellectual creativity of authors. Here are some ways in which copyright laws have achieved this objective:
Recognizing and Protecting Intellectual Property Rights
Copyright laws recognize that creative works are a form of intellectual property, and authors have exclusive rights to their creations. This includes the right to reproduce, distribute, and publicly perform or display their work. By granting these exclusive rights, authors can control how their work is used and distributed, ensuring they receive due credit and recognition for their intellectual contributions.
Providing Financial Incentives
Copyright provides authors with financial incentives to create and innovate. Authors can benefit financially from their works through sales, licensing, and other monetization avenues. This economic incentive encourages authors to continue creating and contributes to the enrichment of culture and knowledge.
Encouraging Creativity and Innovation
By securing the intellectual property rights of authors, copyright laws foster a creative and innovative environment. Authors are incentivized to develop original works, knowing that their ideas and expressions will be protected. This promotes diversity and progress in fields such as literature, music, art, and science.
Protecting against Unauthorized Use and Infringement
Copyright laws provide legal recourse against unauthorized use and infringement of copyrighted works. Authors can take legal action against those who reproduce, distribute, or perform their works without permission. This deters plagiarism and unauthorized reproduction, ensuring that authors' intellectual contributions are respected and protected.
Facilitating Progress and Dissemination of Knowledge
Copyright laws contribute to the progress of science and useful arts by encouraging the creation and dissemination of new works. While copyright protects authors' rights, it also promotes access to knowledge and information. Through controlled distribution and licensing, authors can reach wider audiences, contributing to the advancement of knowledge and cultural development.
In conclusion, the first copyright laws laid the foundation for protecting authors' intellectual creativity. Subsequent revisions and international agreements have broadened the scope of copyright protection, adapted to new technologies, and promoted mutual recognition of copyright between nations. Copyright continues to play a crucial role in safeguarding the intellectual contributions and creativity of authors worldwide.
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Censorship and control
The first copyright statute, the British Statute of Anne, was enacted in 1710. The full title of the act 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 Statute of Anne was a historic moment in the development of copyright law, granting legal protection to publishers of books for 14 years with the commencement of the statute, and 21 years of protection for any book already in print.
The origin of copyright law in most European countries can be traced back to the efforts of the church and governments to regulate and control the output of printers. Before the invention of the printing press, writings could only be physically multiplied by manual copying by scribes, a laborious and error-prone process. The invention of the printing press in the 15th century allowed for multiple exact copies of a work to be made, leading to a more rapid and widespread circulation of ideas and information. While the church and governments encouraged printing for the dissemination of Bibles and government information, they also sought to control the output of printers as the circulation of works of dissent and criticism could now spread rapidly.
In ancient Jewish Talmudic law, there was recognition of the moral rights of authors and their economic or property rights. During the Roman Empire, there were no copyright regulations, and copying was typically done by literate slaves, who were expensive to buy and maintain. Thus, any copier would have had to incur similar expenses as a professional publisher. While Roman booksellers sometimes paid authors for first access to a text for copying, they had no exclusive rights to the work, and authors were rarely paid for their work.
The goals of the Berne Convention provided the basis for mutual recognition of copyright between nations and promoted the development of international norms in copyright protection. The treaty has been revised multiple times since 1886, with notable revisions in 1908 setting the duration of copyright at the life of the author plus 50 years, and in 1928 recognizing the moral rights of authors and artists to object to modifications or destruction of their work that might prejudice their reputations.
In the United States, the first federal copyright law was enacted in 1790, protecting only books, maps, and charts for 14 years with a renewal period of another 14 years. The law directed authors and proprietors to register their works at the U.S. district court in their jurisdiction. The scope of copyright law in the U.S. has since broadened to include a wide range of works, such as literary works, music and sound recordings, dramatic works, choreography and pantomimes, visual artworks, audiovisual works, and architectural works.
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International copyright norms
The first copyright law, the Statute of Anne, was enacted in 1710 in the United Kingdom. Its purpose was to grant legal protection to publishers of books, giving them exclusive rights over their works for a limited time. This statute marked a significant shift in the dissemination of knowledge and information, as it encouraged learning and creativity by ensuring that authors could benefit from their intellectual labour.
The World Intellectual Property Organization (WIPO) plays a crucial role in administering international copyright treaties, such as the Marrakesh Treaty, which facilitates access to published works for visually impaired individuals, and the Rome Convention, which safeguards the rights of performers, producers, and broadcasting organizations. WIPO also provides resources like WIPO Lex, a global database offering free access to legal information on intellectual property, including IP laws, treaties, and judicial decisions.
While international treaties provide a framework, copyright protection ultimately depends on the national laws of each country. The Office of Policy and International Affairs (PIA) within the U.S. Copyright Office, for example, engages in international policy analyses, legislative support, and trade negotiations to navigate the complexities of international copyright relations.
Registration of copyright is not mandatory for protection under the Berne Convention, although some countries maintain official registration systems. Creators and rights holders should exercise caution when approached by entities offering copyright registration services, as registration with unofficial entities does not confer international recognition. Instead, it is essential to understand the specific copyright laws and requirements of the country or countries in which protection is sought.
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Fair use
The first copyright laws were intended to protect creators and ensure they received due credit and compensation for their work. Over time, it became clear that a rigid application of copyright law could stifle creativity and prevent the sharing of ideas and information. This gave rise to the concept of "fair use", which permits limited unlicensed use of copyrighted material under certain circumstances.
The doctrine of fair use originated in common law during the 18th and 19th centuries but was codified in the US with the Copyright Act of 1976. Section 107 of this Act provides the framework for determining fair use, listing four factors to be considered:
- Purpose and character of the use: This includes whether the use is commercial or for non-profit educational purposes. Non-profit and educational uses are generally viewed more favourably, but this does not guarantee fair use. The court will balance the commercial or non-profit nature with other factors.
- Nature of the copyrighted work: Using creative works weighs against fair use, as they are at the core of copyright protection. In contrast, using factual works is more likely to be considered fair, as facts themselves cannot be copyrighted.
- Amount and substantiality of the portion used: Using a small portion of a copyrighted work is more likely to be considered fair. However, using the "heart" or most important part of a work can weigh against fair use, even if it is a small portion.
- Effect on the potential market or value of the copyrighted work: If the unlicensed use negatively impacts the market or value of the original work, it is less likely to be considered fair use.
It is important to note that fair use is a flexible concept, and each case is evaluated based on its unique circumstances. The factors listed above are not exhaustive, and courts may consider additional factors when determining fair use. While resources like the Fair Use Index can provide guidance, consulting an attorney is recommended for specific cases.
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Frequently asked questions
The first copyright law was the Copyright Act of 1790, also known as the Statute of Anne, after Queen Anne.
The intention of the first copyright law was to grant legal protection to publishers of books, maps, and charts.
The first copyright law provided legal protection for a duration of 14 years, with a renewal period of another 14 years.
Initially, the first copyright law only protected books, maps, and charts.
Copyright law has evolved to include a broader range of works, such as literary works, music and sound recordings, dramatic works, choreography and pantomime, visual art works, audiovisual works, and architectural works.
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