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A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.
The King James Version (KJV), also the King James Bible (KJB) and the Authorized Version (AV), is an Early Modern English translation of the Christian Bible for the Church of England, which was commissioned in 1604 and published in 1611, by sponsorship of King James VI and I. The 80 books of the King James Version include 39 books of the Old Testament, 14 books of Apocrypha, and the 27 books of the New Testament.
The Statute of Anne, also known as the Copyright Act 1709 or the Copyright Act 1710, was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the government and courts, rather than by private parties.
Ottaviano Petrucci was an Italian printer. His Harmonice Musices Odhecaton, a collection of chansons printed in 1501, is commonly misidentified as the first book of sheet music printed from movable type. Actually that distinction belongs to the Roman printer Ulrich Han's Missale Romanum of 1476. Nevertheless, Petrucci's later work was extraordinary for the complexity of his white mensural notation and the smallness of his font, and he did in fact print the first book of polyphony using movable type. He also published numerous works by the most highly regarded composers of the Renaissance, including Josquin des Prez and Antoine Brumel.
The history of copyright starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "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", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs.
The Worshipful Company of Stationers and Newspaper Makers, usually known as the Stationers' Company, is one of the livery companies of the City of London. The Stationers' Company was formed in 1403; it received a Royal Charter in 1557. It held a monopoly over the publishing industry and was officially responsible for setting and enforcing regulations until the enactment of the Statute of Anne, also known as the Copyright Act of 1710. Once the company received its charter, "the company's role was to regulate and discipline the industry, define proper conduct and maintain its own corporate privileges."
John Day was an English Protestant printer. He specialised in printing and distributing Protestant literature and pamphlets, and produced many small-format religious books, such as ABCs, sermons, and translations of psalms. He found fame, however, as the publisher of John Foxe's Actes and Monuments, also known as the Book of Martyrs, the largest and most technologically accomplished book printed in sixteenth-century England.
Perpetual copyright, also known as indefinite copyright, is copyright that lasts indefinitely. Perpetual copyright arises either when a copyright has no finite term from outset, or when a copyright's original finite term is perpetually extended. The first of these two scenarios is highly uncommon, as the current laws of all countries with copyright statutes set a standard limit on the duration, based either on the date of creation/publication, or on the date of the creator's death. Exceptions have sometimes been made, however, for unpublished works. Usually, special legislation is required, granting a perpetual copyright to a specific work.
The history of patents and patent law is generally considered to have started with the Venetian Statute of 1474.
The droit d'auteur or French authors' rights law, is in the jurisdiction of France a set of exclusive prerogatives available to a creator over his or her intellectual work, as part of the intellectual property area of law. It has been very influential in the development of authors' rights laws in other civil law jurisdictions, and in the development of international authors' rights law such as the Berne Convention. It has its roots in the 16th century, before the legal concept of copyright was developed in the United Kingdom. Based on the "rights of the author" instead of on the right to copy, its philosophy and terminology are different from those used in copyright law in common law jurisdictions. The term droit d’auteur reveals that the interests of the author are at the center of the system, not that of the investor.
The King's Printer is typically a bureau of the national, state, or provincial government responsible for producing official documents issued by the King-in-Council, Ministers of the Crown, or other departments. The position is defined by letters patent under the royal prerogative in Canada and the United Kingdom.
Copyright in Russia developed originally along the same lines as in Western European countries. A first copyright statute dated back to 1828, and in 1857, a general copyright term of fifty years was instituted. The copyright law of 1911 was inspired by Western laws of the continental European tradition. One noteworthy exception in Russian copyright law was the "freedom of translation"—any work could be freely translated into another language.
The history of United States patent law started even before the U.S. Constitution was adopted, with some state-specific patent laws. The history spans over more than three centuries.
Crown copyright is a type of copyright protection. It subsists in works of the governments of some Commonwealth realms and provides special copyright rules for the Crown, i.e. government departments and (generally) state entities. Each Commonwealth realm has its own Crown copyright regulations. There are therefore no common regulations that apply to all or a number of those countries. There are some considerations being made in Canada, UK, Australia and New Zealand regarding the "reuse of Crown-copyrighted material, through new licences".
An exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. Exclusive rights are a form of monopoly.
Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.
William Barley (1565?–1614) was an English bookseller and publisher. He completed an apprenticeship as a draper in 1587, but was soon working in the London book trade. As a freeman of the Drapers' Company, he was embroiled in a dispute between it and the Stationers' Company over the rights of drapers to function as publishers and booksellers. He found himself in legal tangles throughout his life.
In economics, a government-granted monopoly is a form of coercive monopoly by which a government grants exclusive privilege to a private individual or firm to be the sole provider of a good or service; potential competitors are excluded from the market by law, regulation, or other mechanisms of government enforcement. As a form of coercive monopoly, government-granted monopoly is contrasted with an unregulated monopoly, wherein there is no competition but it is not forcibly excluded.
Edict of government is a technical term associated with the United States Copyright Office's guidelines and practices that comprehensively includes laws, which advises that such submissions will neither be accepted nor processed for copyright registration. It is based on the principle of public policy that citizens must have unrestrained access to the laws that govern them. Similar provisions occur in most, but not all, systems of copyright law; the main exceptions are in those copyright laws which have developed from English law, under which the copyright in laws rests with the Crown or the government.
References
- ↑ Jackson, M. (2002) From Private to Public: Reexamining the Technological Basis for Copyright, Journal of Communication, 52, 416-433
- ↑ Hesse, C. (1990) Enlightenment Epistemology and the Laws of Authorship in Revolutionary France, 1777-1793 Representations, 109-137
- ↑ Patterson, L. R. (1968) Copyright in Historical Perspective , Vanderbilt University Press
- ↑ Donner, I. (1992) The Copyright Clause of the U. S. Constitution: Why Did the Framers Include It with Unanimous Approval? The American Journal of Legal History 36(3), 361-378