Cameron Miranda
The first copyright law dates back to ancient Jewish Talmudic law, which recognised the moral rights of authors and their economic and property rights. However, the first official copyright statute was the British Statute of Anne in 1710, which granted legal protection to publishers of books for 14 years. The United States followed suit in 1790, enacting its first copyright law, which was modelled after Britain's Statute of Anne. This law protected books, maps, and charts for 14 years, with the possibility of a 14-year renewal.
| Characteristics | Values |
|---|---|
| First copyright law | The British Statute of Anne, 1710 |
| First U.S. copyright law | The Copyright Act, 1790 |
| First copyright law jurisdiction | Books, maps, and charts |
| First copyright law duration | 14 years, with a 14-year renewal option |
| Subsequent U.S. copyright law | The Copyright Act, 1831 |
| Subsequent U.S. copyright law duration | 28 years, with a 14-year renewal option |
| Landmark U.S. copyright case | Wheaton v. Peters, 1834 |
| Landmark U.S. copyright act | The Copyright Act, 1909 |
| Latest major U.S. copyright revision | The Copyright Act, 1976 |
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What You'll Learn
The Statute of Anne, 1710
The Statute of Anne, passed in 1710, was the first copyright statute in Great Britain. It was also the first statute to provide for copyright regulated by the government and courts, instead of private parties. The act was passed during the reign of Queen Anne, and 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 Statute of Anne was a significant development in the history of copyright law. Before the invention of the printing press, the manual copying of manuscripts was a laborious and error-prone process, and there was no elaborate system of censorship or control. The printing press allowed for the rapid and widespread circulation of ideas and information. The origin of copyright law in most European countries can be traced back to efforts by the church and governments to regulate and control the output of printers.
The Statute of Anne granted legal protection to publishers of books for 14 years, with the option to renew for another 14 years. It also provided 21 years of protection for any book already in print before 10 April 1710. The law applied to Scotland and England, as well as Ireland when it joined the union in 1800.
The Statute of Anne was a landmark in Anglo-American copyright history, marking the first time that copyright was vested primarily in the author rather than the publisher. It also recognised the injurious treatment of authors by publishers and provided for severe penalties for infringing on an author's exclusive right to control the copying of their book.
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The US Copyright Act, 1790
The US Copyright Act of 1790, also known as "An Act for the Encouragement of Learning, by Securing the Copies of Maps, Charts, and Books to the Authors and Proprietors of Such Copies", was the first federal copyright act in the United States. It was signed by the Speaker and President of the Senate on May 25, 1790, and by George Washington on May 31, 1790. The Act was a response to President George Washington's first 1790 State of the Union Address, in which he urged Congress to pass legislation for "the promotion of Science and Literature" to educate the public.
The Act was modelled on the British Statute of Anne of 1710, which was the first copyright statute in the world. The first sentences of the two laws are almost identical. The US Copyright Act of 1790 was the first copyright law to protect books, maps, and other original materials. Rights were granted only to citizens of the United States, a policy that continued until 1891.
The Act restricted books, maps, and charts, and granted copyright for a term of "fourteen years from the time of recording the title thereof", with one optional renewal for another 14 years if the author was still alive. The law was meant to incentivize authors, artists, and scientists to create original works by providing them with a monopoly. However, this monopoly was limited to stimulate creativity and the advancement of "science and the useful arts" through wide public access to works in the "public domain".
The Act also outlined the consequences for violators, stating that offenders would "forfeit all and every copy...and all and every sheet...to the author or proprietor...who shall forthwith destroy the same". Additionally, offenders were required to pay a fine of fifty cents for every sheet found in their possession. The Act was first amended on April 29, 1802, to extend copyright restriction to etchings and require notice of copyright registration on copies of the works.
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Jewish Talmudic law
The first copyright statute in most European countries can be traced back to efforts by governments and the church to regulate and control the output of printers. This was due to the invention of the printing press, which allowed for multiple exact copies of a work, leading to a rapid and widespread circulation of ideas and information.
The Talmud, the central text of Rabbinic Judaism and the primary source of Jewish religious law (halakha) and theology, includes the teachings and opinions of thousands of rabbis on a variety of subjects, including halakha, ethics, philosophy, customs, history, and folklore. The Talmud is a blend of law, legend, and philosophy, with a unique logic and pragmatism that goes beyond legislation.
Halakhic material can be divided into two subjects when it comes to "copyright". The first deals with the rights of a printer who has issued a work in the public domain, such as the Talmud or Ramban. Rabbinical bans were issued against competing printers, with the scope of these bans being anywhere from three to twenty-five years, and whether they applied to a printer's country or worldwide being hotly debated.
The second subject does not deal with the rights of an author or creator to their original work but rather with the right to benefit from the intangibles (e.g. form, arrangement, and composition) that are a product of one's labour and creativity. Rabbi Nechemia Zalman Goldberg advances a theory based on the legal concept of "Shiur" (retention), where a seller can retain certain aspects of ownership even after selling an item.
Rabbi Mordechai Bennet's ruling, for example, states that copyright protection explicitly prevents others from copying, regardless of whether the publisher has sold out the first edition or decided to discontinue printing and selling. Rabbinic authorities have applied these principles to other media, including computer software.
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Censorship and control over scribes
The concept of copyright law originated in Europe, with governments and the church attempting to regulate and control the output of printers. Scribes played a crucial role in ancient societies such as Mesopotamia and Egypt, where they were responsible for recording transactions, maintaining sacred texts, and creating what we now know as history.
In ancient Mesopotamia, scribes were highly educated individuals trained in writing and reading diverse subjects. They were initially tasked with recording financial transactions through trade, but their role expanded to include religious and administrative duties. Scribal schools were established during the Early Dynastic Period (2900-2334 BCE) and continued until the fall of the Sassanian Empire in 651 CE.
In ancient Egypt, scribes also underwent formal education in specialized schools, learning reading, writing, mathematics, and other skills necessary for administrative tasks. They played a crucial role in recording religious rituals, managing temple finances, and preserving sacred texts.
While censorship and control over scribes were not as structured as they became with the advent of printing, there were still consequences for transcribing or creating certain texts. In ancient Rome, for example, Emperor Augustus marked a shift in censorship by burning over two thousand oracular books, targeting works predicting political upheaval. During a famine from 6-8 AD, Augustus also restricted anonymous writings due to the surge in public discontent and incendiary pamphlets.
The development of printing in the 15th and 16th centuries further standardized the concept of copyright. The British Statute of Anne of 1710, also known as the Copyright Act, was the first copyright statute. It granted legal protection to publishers for 14 years, with a possible renewal for another 14 years if the author was still living. This act marked a significant moment in the history of copyright law, as it was the first to recognize the rights of authors and purchasers of copies.
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The Berne Convention
The first copyright statute was the British Statute of Anne, also known as the Copyright Act 1710. It was the first legislation to grant legal protection to publishers of books.
The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. It requires member states to provide strong minimum standards for copyright law and enforces that countries recognize the rights held by the citizens of all other parties to the convention.
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Frequently asked questions
The first copyright statute was the British Statute of Anne, also known as the Copyright Act 1710.
The Statute of Anne granted legal protection to publishers of books for 14 years, with the option to renew for another 14 years.
The first US copyright law was the Copyright Act of 1790, which was signed by George Washington on May 31, 1790.
The US Copyright Act of 1790 established federal rules of copyright for intellectual works created by citizens and legal residents of the United States. It protected books, maps, and charts for 14 years, with the possibility of a 14-year renewal.
Copyright law has evolved significantly since the Statute of Anne. The scope of works covered by copyright has expanded to include translations, derivative works, maps, performances, paintings, photographs, sound recordings, motion pictures, and computer programs. The term of protection has also been extended, with the Copyright Act of 1976 altering it to the life of the author plus 50 years.
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