Cameron Miranda
Copyright law in the United Kingdom has a long and complex history, with its origins dating back to ancient civilisations. The concept of copyright first emerged from a need to regulate and control the output of printers and publishers, particularly with the invention of the printing press in the 15th and 16th centuries. The Copyright Act of 1710, known as the Statute of Anne, was a pivotal moment in UK copyright law, transferring ownership from printers and publishers to authors and marking the beginning of statutory regulation. This act was replaced by the 1842 Copyright Act and has since been amended and updated periodically to reflect societal changes and international conventions. Today, the UK's principal legislation governing copyright is the Copyright, Designs and Patents Act of 1988, which grants creators of literary, dramatic, musical, and artistic works the rights to control the usage of their material.
| Characteristics | Values |
|---|---|
| The first recorded copyright law in the UK | Statute of Anne, 1709 or 1710 |
| The first copyright law came into force | 1710 |
| The first copyright act replaced by | 1842 Copyright Act |
| Current UK copyright law | Copyright, Designs and Patents Act 1988 |
| Copyright protection in Britain dates back to | 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers |
| The Licensing of the Press Act | 1662 |
| The first publication is defined as | The first occasion that a work is published anywhere |
| Copyright Act | 1956 |
| The Copyright (Computer Programs) Regulations | 1992 |
| The Copyright and Duration of Rights in Performances Regulations | 2013 |
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What You'll Learn
The Statute of Anne, 1710
Copyright protection in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers. The Licensing of the Press Act 1662 gave publishers exclusive printing rights, but did not give any rights to authors.
The Statute of Anne, also known as the Copyright Act 1710, was the first statute to provide for copyright regulated by the government and courts, rather than by private parties. It was passed on 5 April 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 Statute of Anne was an important early piece of legislation that came about due to the unification of the English and Scottish parliaments in 1707. The new parliament was able to change the laws in both countries. The act was named after Queen Anne, during whose reign it was passed.
The Statute of Anne was the first time that copyright was vested primarily in the author, rather than the publisher. It also marked the first recognition of the injurious treatment of authors by publishers. 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 they chose to license their works to could publish the author's creations. If an author survived until the copyright expired, they would be granted an additional 14-year term, after which the works would enter the public domain.
The Statute of Anne remained in force until it was replaced by the 1842 Copyright Act.
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The Licensing of the Press Act, 1662
Copyright protection in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers. The Licensing of the Press Act, passed in 1662, gave publishers exclusive printing rights, but no rights were granted to authors. The Act, also known as the Licensing Act, was in force between 1662 and 1679, and then again from 1685 to 1695. It was the last time censorship of the press was formally and strategically linked to the protection of the economic interests of the Stationers' Company.
The full title of the act was "An Act for Preventing Abuses in Printing Seditious, Treasonable, and Unlicensed Books and Pamphlets, and for Regulating of Printing and Printing Presses (the Licensing Act), 1662, 13 & 14 Car.II, c.33". The act prohibited the publication of any literary work without a prior license and set out a comprehensive set of provisions concerning the licensing of the press and the regulation and management of printing and printing presses.
The act also prohibited the printing, publishing, sale, or distribution of any "heretical seditious schismatical or offensive Bookes or Pamphlets" that asserted or maintained doctrines or opinions contrary to the Christian Faith or the Church of England. The act further prevented the publication of any works that might scandalise religion, the Church, the government, or any particular person.
The lapse of the Licensing of the Press Act in 1695 led the Stationers' Company to lobby Parliament for renewed protection, which ultimately resulted in the passing of the Statute of Anne in 1710. This was the first copyright statute and marked a historic moment in the development of copyright law.
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The Copyright Act, 1956
Copyright protection in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers. The Licensing of the Press Act 1662 gave publishers exclusive printing rights, but did not give any rights to authors. The first copyright statute was enacted in 1710, known as the Statute of Anne, which granted publishers of a book legal protection for 14 years. This statute remained in force until it was replaced by the 1842 Copyright Act.
The Copyright Act of 1956 was a significant piece of legislation that built upon the foundations laid by the 1911 Act, which provided that an individual's work was automatically copyrighted as soon as it was embodied in a physical form. The 1956 Act strengthened the protection of copyrights and expanded the scope of what could be copyrighted. It also introduced changes regarding the nationality of authors, granting copyright in the United Kingdom if the author was a British citizen or resident, or a citizen or resident of a Berne Convention country.
The 1956 Act recognised two subclasses of works in which copyright could subsist: authorial works and neighbouring or entrepreneurial works. Authorial works included original literary and artistic creations, while the neighbouring subclass included typographical arrangements of published editions. The Act also addressed copyright in sound recordings, cinematograph films, and broadcasts, with provisions for organisations like the British Broadcasting Corporation.
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The Copyright Act, 1911
Copyright protection in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers. The Licensing of the Press Act 1662 gave publishers exclusive printing rights, but it wasn't until 1710 that the first copyright statute was enacted, granting legal protection to publishers of books. This was known as the Statute of Anne, after Queen Anne, and it marked a historic moment in the development of copyright law.
Over a century later, the Copyright Act 1911 (1 & 2 Geo. 5. c. 46), also known as the Imperial Copyright Act 1911, was passed by the Parliament of the United Kingdom and received royal assent on 16 December 1911. This act established copyright law in the UK and the British Empire, amending existing UK copyright law and repealing all previous copyright legislation. It also implemented changes from the first revision of the Berne Convention for the Protection of Literary and Artistic Works in 1908.
The 1911 Act provided that an individual's work is automatically under copyright as soon as it is embodied in a physical form, such as a novel, painting, musical work, or architectural schematic. This remains the legal position under the 1956 and 1988 Acts. The act also extended the copyright term to the life of the author plus 50 years, which was further extended to 70 years in 1995.
The Copyright Act 1911 applied "throughout His Majesty's dominions" and was adapted to circumstances in self-governing dominions such as Australia, Newfoundland, and the Union of South Africa. It also provided a template for copyright exceptions and formed the basis of UK copyright law and that of most of the British Empire.
The scope of copyright was widened under this act, granting producers of sound recordings the exclusive right to prevent reproduction or public performance of their recordings. It also provided that copyright in literary, dramatic, and musical works could be infringed by the making of a film or other mechanical performance incorporating the copyrighted works.
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The Copyright, Designs and Patents Act, 1988
Copyright protection in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers. The first copyright statute, the Copyright Act 1710, also known as the Statute of Anne, granted publishers of a book legal protection for 14 years. The current UK copyright legislation is the Copyright, Designs and Patents Act 1988 (CDPA), which received royal assent on 15 November 1988. The 1988 Act reformulates the statutory basis of copyright law in the United Kingdom, which was previously governed by the Copyright Act 1956.
The 1988 Act establishes that copyright in most works lasts until 70 years after the death of the creator if known, otherwise, 70 years after the work was created or published (50 years for computer-generated works). Copyright in a sound recording expires after 50 years from the date of publication. Artistic works that are mass-produced by an industrial process have a copyright term of 25 years from the end of the calendar year in which the work was first produced.
The 1988 Act also creates an unregistered design right and contains modifications to UK law on Registered Designs and patents. Part II of the Act creates a series of performers' rights in application of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961. These rights are largely extended by the transposition of European Union directives. The Act gives creators of digital media the rights to control how their work is used and distributed. Music, books, videos, games, and software can all be covered by copyright law.
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Frequently asked questions
Copyright law in the UK originated from the concept of common law and can be traced back to the Statute of Anne in 1709 or 1710.
The Statute of Anne, also known as the Copyright Act 1710, was the first copyright statute. It was enacted to protect publishers of books and gave them legal protection of 14 years.
Before the Copyright Act 1710, copyright belonged to printers and publishers. The Act changed this, giving authors the right of ownership of their work.
The current UK copyright law is the Copyright, Designs and Patents Act 1988, which has been periodically updated to reflect changes in international conventions, European law, and societal shifts.
The duration of copyright protection in the UK depends on the type of work and the citizenship of the author. For sound recordings, copyright expires 50 years after the recording is made if it remains unpublished during this period. If the recording is published within 50 years, then the protection is extended for 50 years from the date of publication. For works created on behalf of a company, the duration of protection is linked to the individual who created the work.
