A SIMPLE HISTORY OF COPYRIGHT
Arguably, the world’s most important early copyright law was enacted in 1710 in England: the Statute of Anne, “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.”[1] This law gave book publishers fourteen years of legal protection from the copying of their books by others.
Since then, the scope of the exclusive rights granted under copyright has expanded. Today, copyright law extends far beyond books to cover nearly anything with even a fragment of creativity or originality created by humans.
Additionally, the duration of the exclusive rights has also expanded. Today, in many parts of the world, the term of copyright granted an individual creator is the life of the creator plus an additional fifty years. See the “Worldwide Map of Copyright Term Length” (figure 2.3) in section 2.2 “Global Aspects of Copyright” (below) for more details about the duration of copyright and its variances worldwide.
And finally, since the Statute of Anne, copyright treaties have been signed by many countries. The result is that copyright laws have been harmonized to some degree around the world. You will learn more about the most important treaties and how copyright laws work around the world in section 2.2.
THE PURPOSE OF COPYRIGHT
There are two primary rationales for copyright law, though rationales do vary among legal traditions. The two rationales are:
- Utilitarian: Under this rationale, copyright is designed to provide an incentive to creators. The aim is to encourage the creation of new works.
- Author’s rights: Under this rationale, copyright is primarily intended to ensure attribution for authors and preserve the integrity of creative works. The aim is to recognize and protect the deep connection that authors have with their creative works. (You can learn more about author’s rights in the “Additional Resources” section at the end of this chapter.)
While different legal systems identify more strongly with one or the other of these rationales, or have other justifications particular to their legal traditions, many copyright systems are influenced by and draw from both rationales (due, in large part, to historical reasons that are outside the scope of this material).
NOTE
- ↑ The Statute of Anne; April 10, 1710, 8 Anne, c. 19, Yale, The Avalon Project, https://avalon.law.yale.edu/18th_century/anne_1710.asp. All rights reserved.
