Copyright Law Day, celebrated every January 1, is set aside for all creatives to appreciate the role of copyright law in ensuring legal use of their creations and encourage people to support and uphold copyright law. Did you know the first copyright statute was enacted over 311 years ago by the British parliament?
Copyright law is a set of rights automatically vested on someone who creates an original work of authorship. These rights include reproduction, derivative works, distribution, public performance and display, and digital distribution. Copyright covers all literary works, software, movies, and songs. Copyrights are exclusive to the creator, preventing other people from using their work without permission.
While the first copyright statute was enacted in Britain in the 18th century, the earliest-recorded case law on the right to copy was in ancient Ireland. A case arose in 6th century Ireland when there was a dispute about the ownership of the Cathach, one of the oldest Irish writings. In settling the case, King Diarmait Mac Cerbaill said, “To every cow belongs her calf, therefore to every book belongs its copy.” This ruling eventually led to the Battle of Cúl Dreimhne.
Ancient Roman, in all its glory and magnificence, didn’t have copyright law. That was because there wasn’t any need. Books, which were expensive to buy and maintain, were copied by literate slaves. That means anyone who tries to copy someone else’s work would have to spend much money as a professional publisher. However, there was no protection for the original authors, so publishers exploited them.
With the introduction of the printing press in the 1400s and 1500s, government authorities saw an increasing need to control book publications. The English government first developed a Licensing Act in the 16th century. This Act conferred the Stationers’ Company — an organization of English printers — the power to require all lawfully printed books to be entered into its register. When the Act came to an end in 1695, the English Parliament chose not to renew it.
In 1710, the English parliament enacted the Statute of Anne, the first Copyright Act. This statute granted publishers legal protection of 14 years on any book they publish, including 21 years of protection for any book already in print. This statute, however, did not apply in America, even though it was a British colony. But in 1787, proposals were submitted by both James Madison of Virginia and Charles Cotesworth Pinckney of South Carolina to Congress for limited copyright and patents. That eventually led to the Copyright Clause in the United States Constitution. Copyright has evolved ever since with each successive court rulings and senate modification.
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