Copyright
In the 15th century, the printing press arrived in Europe and changed how books were made. Before this invention, copying texts was slow and expensive. The new machines allowed anyone to print words quickly if they owned a press. Competitors could immediately buy or rent these presses and reprint popular works without paying the original author. This lack of rules meant printers needed a constant stream of new material to survive. Fees paid to authors for new works became high and significantly supplemented the incomes of many academics. Printing brought profound social changes that led to a dramatic increase in the demand for reading matter across Europe. Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German-language markets before copyright existed, technical materials like academic papers were inexpensive and widely available. Some suggest this contributed to Germany's industrial and economic success during that era.
The Statute of Anne enacted in 1710 in England provided the first legislation to protect copyrights but not authors' rights directly. It gave authors and publishers the right to publish creations for a fixed period after which the copyright expired. Continental law systems developed differently from English common law traditions. In French civic law, the droit d'auteur is part of the Code de la propriété intellectuelle. Italian state of Venetia adopted Napoleon's law and calls it diritto d'autore as part of the proprietà intellettuale. Creator's law was enacted rather late in German speaking states. The absence of possibilities to maintain copyright laws in all these states in the early 19th century encouraged publishing low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books. Famous writer Heinrich Heine asked his publisher in 1854 about high prices established by them. He stated he would hardly see a second edition soon if prices remained too high. Empirical evidence shows basic copyrights increased both number and quality of operas measured by popularity and durability in Napoleonic Italy.
The Berne International Copyright Convention of 1886 finally provided protection for authors among countries who signed the agreement. The United States did not join the Berne Convention until 1989. Under this convention protective rights do not have to be asserted or declared because they are automatically in force at creation. An author need not register or apply for these protective rights in countries adhering to the convention. As soon as a work is fixed written or recorded on some physical medium its author is automatically entitled to all intellectual property rights. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with passage of the Copyright Designs and Patents Act 1988. The regulations of the Berne Convention are incorporated into World Trade Organization's TRIPS agreement in 1995 giving near-global application. In 1961 United International Bureaux for Protection of Intellectual Property signed Rome Convention for Performers Producers of Phonograms and Broadcasting Organizations. This organization was succeeded in 1996 by founding of World Intellectual Property Organization which launched WIPO Performances and Phonograms Treaty in 1996.
Economic rights allow right owners to derive financial reward from use of their works by others. Moral rights allow authors and creators to take certain actions to preserve link with their work. The author may be owner of economic rights though those rights may transfer to one or more copyright owners. Many countries do not allow transfer of moral rights. In France moral rights last indefinitely while in UK they are finite lasting only as long as work remains under copyright. When copyright term ends so too do moral rights in that work. The Berne Convention Article 6bis requires members grant right to claim authorship sometimes called right of paternity or attribution. It also grants right to object to any distortion modification derogatory action prejudicial to author honor or reputation known as right of integrity. These rights granted in national laws generally known as moral rights of authors. They remain with authors even after transferring economic rights. Even where film producer owns economic rights individual author continues to have moral rights in many jurisdictions.
In most world default length of copyright is life of author plus either 50 or 70 years depending on jurisdiction. United States uses fixed number of years after date creation or publication for existing works. Copyrights expire at end of calendar year in which they would otherwise expire under US and UK laws. United States used to require copyrights renewed after 28 years to stay in force. Books published before 1929 have expired copyrights and entered public domain in United States except sound recordings. Applicable date for sound recordings in United States is before 1923. Works published before 1964 without renewal 28 years after first publication are also in public domain. Great majority including 93% books were not renewed after 28 years and now belong to public domain. In 1998 length of copyright in United States increased by 20 years under Copyright Term Extension Act. This legislation faced substantial criticism following allegations bill strongly promoted by corporations holding valuable copyrights otherwise set to expire. If author dead more than 70 years work enters public domain in most but not all countries worldwide.
United States fair use doctrine codified by Copyright Act 1976 as Section 107 permits some copying distribution without permission or payment. Statute gives four non-exclusive factors consider purpose character nature amount proportion effect upon potential market. In Canada private copying personal use expressly permitted by statute since 1999. Supreme Court of Canada concluded limited copying educational purposes could justified under fair dealing exemption in Alberta Education case 2012. Fair dealing uses research study review critique news reportage giving professional advice under Australian law. Owners legitimate copy permitted format shift work from one medium another for personal private use. Digital Millennium Copyright Act prohibits manufacture importation distribution devices intended bypass access copy control put place by owner. EU laws recognize right member states implement national exceptions photographic reproductions paper similar medium provided rightholders receive fair compensation. Reproduction made libraries educational establishments museums archives which are non-commercial also allowed. Uses benefit people disability demonstration repair equipment non-commercial research private study parody included exceptions.
Introduction photocopier cassette tape videotape made easier consumers copy materials books music each time copy lost fidelity. Digital media text audio video software stored physical media compact discs DVDs copied losslessly shared Internet creating bigger threat producer revenue. Some used digital rights management technology restrict non-playback access through encryption other means. Digital watermarks trace copies deterring infringement credible threat legal consequences. Copy protection used both digital pre-Internet electronic media. Annual cost intellectual property infringement US economy exceeds $225 billion counterfeit goods pirated software theft trade secrets according to IP Commission Report. Global online piracy costs U.S. economy at least $29.2 billion lost revenue each year estimated 2019 study sponsored Chamber Commerce Global Innovation Policy Center NERA Economic Consulting. Online criminals offering stolen movies TV shows games live events websites apps reaping $1.34 billion annual advertising revenues August 2021 report Digital Citizens Alliance. Users visiting pirate websites subjected pirated content malware fraud. Copyright collectives RIAA increasingly targeting file sharing home Internet user though most cases settled out court.
Common questions
When was the Statute of Anne enacted in England?
The Statute of Anne was enacted in 1710 in England. This legislation provided the first legal protection for copyrights but did not directly protect authors' rights.
What is the default copyright term length worldwide according to most jurisdictions?
Most countries set the default copyright term as the life of the author plus either 50 or 70 years depending on jurisdiction. Works enter the public domain if the author has been dead for more than 70 years in most nations.
Which year did the United States join the Berne International Copyright Convention?
The United States joined the Berne International Copyright Convention in 1989. The UK signed the convention in 1887 but did not implement large parts until 1988 with passage of the Copyright Designs and Patents Act.
How much does global online piracy cost the U.S. economy annually based on a 2019 study?
Global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year according to an estimated 2019 study. This data comes from research sponsored by the Chamber Commerce Global Innovation Policy Center and NERA Economic Consulting.
When was the Copyright Term Extension Act passed in the United States?
The Copyright Term Extension Act was passed in 1998 in the United States. This legislation increased the length of copyright terms by 20 years and faced substantial criticism following allegations that it promoted corporate interests.