Editing Copyright (section)

== History ==
{{Main|History of copyright}}
[[File:European Output of Books 500–1800.png|thumb|European output of books before the advent of copyright, 6th century to 18th century. Blue shows printed books. [[Log-lin plot]]; a straight line therefore shows an exponential increase.]]

=== Background ===
The concept of copyright developed after the [[printing press]] came into use in Europe<ref name=histpersp/> in the 15th and 16th centuries.<ref>Joanna Kostylo, "From Gunpowder to Print: The Common Origins of Copyright and Patent", in Ronan Deazley et al., ''Privilege and Property: Essays on the History of Copyright'' (Cambridge: Open Book, 2010), 21-50; online at books.openedition.org/obp/1062</ref> It was associated with a common law and rooted in the civil law system.{{Sfn|Goldstein|Hugenholtz|2019|p=3}} The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. 

Popular new works were immediately re-[[Typesetting|set]] and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high and significantly supplemented the incomes of many academics.<ref name="reason">{{cite news |last1=Thadeusz |first1=Frank |date=18 August 2010 |title=No Copyright Law: The Real Reason for Germany's Industrial Expansion? |url=https://www.spiegel.de/international/zeitgeist/no-copyright-law-the-real-reason-for-germany-s-industrial-expansion-a-710976.html |work=Spiegel Online}}</ref>

Printing brought [[print culture|profound social changes]]. The rise in [[literacy]] across [[Europe]] led to a dramatic increase in the [[demand]] for reading matter.<ref name="histpersp">''Copyright in Historical Perspective'', p. 136-137, Patterson, 1968, Vanderbilt Univ. Press</ref> Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience.<ref name="reason" /> In German-language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success.<ref name="reason" />

=== Conception ===
The concept of copyright first developed in [[England]]. In reaction to the printing of "scandalous books and pamphlets", the [[Parliament of England|English Parliament]] passed the [[Licensing of the Press Act 1662]],<ref name=histpersp/> which required all intended publications to be registered with the government-approved [[Worshipful Company of Stationers and Newspaper Makers|Stationers' Company]], giving the Stationers the right to regulate what material could be printed.<ref>{{Cite journal |doi=10.1086/677787 |title=''Cum privilegio'': Licensing of the Press Act of 1662 |journal=The Library Quarterly |volume=84 |issue=4 |pages=494–500 |url=https://dash.harvard.edu/bitstream/1/17219056/1/677787.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://dash.harvard.edu/bitstream/1/17219056/1/677787.pdf |archive-date=9 October 2022 |url-status=live |year=2014 |last1=Nipps |first1=Karen |s2cid=144070638  | issn=0024-2519}}</ref>

The [[Statute of Anne]], enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The [[Copyright Act 1814]] extended more rights for authors but did not protect British publications from being reprinted in the US. The [[Berne convention|Berne International Copyright Convention]] of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989.<ref name=":2">{{Cite journal|last=Day O'Connor|first=Sandra|date=2002|title=Copyright Law from an American Perspective|journal=Irish Jurist|volume=37|pages=16–22|jstor=44027015}}</ref>

In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the ''[[Copyright Act of 1790]]'', modeling it after the Statute of Anne. While the national law protected authors' published works, authority was granted to the states to protect authors' unpublished works. The most recent major overhaul of copyright in the US, the ''[[Copyright Act of 1976]]'', extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law.<ref name=":2" /> This act also changed the calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially.<ref name=":2" />

Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In the [[Middle Ages]] in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which [[capitalism]] led to the [[commodification]] of many aspects of social life that earlier had no monetary or economic value per&nbsp;se.<ref>Bettig, Ronald V. (1996). ''Copyrighting Culture: The Political Economy of Intellectual Property. Westview Press''. p. 9–17. {{ISBN |0-8133-1385-6 }}.</ref>

Copyright has developed into a concept that has a significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as [[Sound recording and reproduction|sound recordings]], [[film]]s, [[photograph]]s, [[software]], and [[architecture]].

=== National copyrights ===
{{See also|Statute of Anne |History of copyright law of the United States }}
[[File:Statute of anne.jpg|thumb|left|The [[Statute of Anne]] (the Copyright Act 1709) came into force in 1710.]]
Often seen as the first real copyright law, the 1709 British [[Statute of Anne]] gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for a fixed period, after which the copyright expired.<ref name="Rethinking copyright: history, theory, language">{{Cite book |title=Rethinking copyright: history, theory, language |page=13 |last=Ronan |first=Deazley |isbn=978-1-84542-282-0 |year=2006 |publisher=Edward Elgar Publishing. |url=https://books.google.com/books?id=dMYXq9V1JBQC |via=Google Books }}</ref> It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." 

The act also alluded to individual rights of the artist. It began:

{{quote|"Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing&nbsp;... Books, and other Writings, without the Consent of the Authors&nbsp;... to their very great Detriment, and too often to the Ruin of them and their Families:".<ref>{{Cite web |url=http://www.copyrighthistory.com/anne.html |title=Statute of Anne |publisher=Copyrighthistory.com |access-date=8 June 2012 }}</ref>}}

A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws.

The [[Copyright Clause]] of the United States, Constitution (1787) authorized copyright legislation: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as a whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. Yet scholars like Lawrence Lessig have argued that copyright terms have been extended beyond the scope imagined by the Framers. Lessig refers to the Copyright Clause as the "Progress Clause" to emphasize the social dimension of intellectual property rights.<ref>Lawrence Lessig, Free Culture (Penguin, 2004), 131ff.</ref>

The original length of copyright in the United States was 14&nbsp;years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the [[public domain]], so it could be used and built upon by others.

=== Continental law ===
In many jurisdictions of the European continent, comparable legal concepts to copyright did exist from the 16th century on but did change under Napoleonic rule into another legal concept: ''[[authors' rights]]'' or ''creator's right'' laws, from French: ''droits d'auteur'' and German ''[[Copyright law of Germany|Urheberrecht]]''.<ref>In French civic law the ''droit d'auteur'' is part of the ''[https://www.economie.gouv.fr/apie/propriete-intellectuelle-publications/droit-auteur-image-numerique-1 Code de la propriété intellectuelle]''</ref><ref>The Italian state of Venetia, adopting Napoleon's law, calls it "diritto d’autore" as part of the "proprietà intellettuale": "''la più preziosa e la più sacra delle proprietà''" - see: {{Cite web |title=Governare istruzione e stampa. Le riforme Napoleoniche |url=https://123dok.org/article/governare-istruzione-e-stampa-le-riforme-napoleoniche.q05p4vnx |url-status=live |archive-url=https://web.archive.org/web/20231214185743/https://123dok.org/article/governare-istruzione-e-stampa-le-riforme-napoleoniche.q05p4vnx |archive-date=14 December 2023 |website=123dok}}</ref> In many modern-day publications the terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ.<ref name=":4">{{Cite web |author1= Philipp Otto Aktualisierung |author2=Valie Djordjevic Sebastian Deterding |date=15 July 2013 |title=Urheberrecht und Copyright |url=https://www.bpb.de/themen/digitalisierung/urheberrecht/169971/urheberrecht-und-copyright/ |access-date=11 December 2023 |website=bpb.de |language=de}}</ref><ref>{{Cite journal |last=Dommerink |first=Egbert |date=2004 |title=Lessen uit de geschiedenis van het auteursrecht |url=https://www.ivir.nl/publicaties/download/lessen.PDF |journal=University of Amsterdam, Institute for Information Law / Publications |url-status=live |archive-url=https://web.archive.org/web/20230803203521/https://www.ivir.nl/publicaties/download/lessen.PDF |archive-date= 3 August 2023 }}</ref> Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for. The law is automatically connecting an original work as intellectual property to its creator.<ref>{{Cite web |date=28 July 2015 |title=Le droit d'auteur |url=https://www.inpi.fr/comprendre-la-propriete-intellectuelle/les-autres-modes-de-protection/le-droit-dauteur |access-date=11 December 2023 |website=INPI.fr |language=fr}}</ref> Although the concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist.<ref name=":5">{{Cite web |date=18 November 2023 |title=Copyright {{!}} Definition, Examples, & Facts |url=https://www.britannica.com/topic/copyright |access-date=11 December 2023 |website=Britannica  |language=en}}</ref>

Creator's law was enacted rather late in [[Copyright law of Germany|German speaking states]] and the economic historian Eckhard Höffner argues that the absence of possibilities to maintain copyright laws in all these states in the early 19th century, encouraged the publishing of low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century.<ref name="thad">{{Cite magazine |author=Frank Thadeusz |date=18 August 2010 |title=No Copyright Law: The Real Reason for Germany's Industrial Expansion? |url=http://www.spiegel.de/international/zeitgeist/0,1518,710976,00.html |magazine=[[Der Spiegel]] |access-date=11 April 2015 |quote=Sigismund Hermbstädt, for example, a chemistry and pharmacy professor in Berlin, who has long since disappeared into the oblivion of history, earned more royalties for his "Principles of Leather Tanning" published in 1806 than British author Mary Shelley did for her horror novel "Frankenstein," which is still famous today. }}</ref> After the introduction of creator's rights, German publishers started to follow English customs, in issuing only expensive book editions for wealthy customers.<ref>Famous writer [[Heinrich Heine]] for example, asked his publisher in 1854: "Due to the tremendously high prices you have established, I will hardly see a second edition of the book anytime soon. But you must set lower prices, dear Campe, for otherwise I really don't see why I was so lenient with my material interests."</ref>

Empirical evidence derived from the exogenous differential introduction of author's right (Italian: ''diritto d’autore'') in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability".<ref>{{Cite journal |last1=Giorcelli |first1=Michela |last2=Moser |first2=Petra |date=March 2020 |url=https://www.nber.org/papers/w26885 <!-- doi is PDF --> |title=Copyright and Creativity. Evidence from Italian Opera During the Napoleonic Age |doi=10.3386/w26885 |doi-access=free |journal=National Bureau of Economic Research Working Paper Series}}</ref>

=== International copyright treaties ===
{{See also |International copyright agreements |List of parties to international copyright agreements }}
[[File:Joseph Ferdinand Keppler - The Pirate Publisher - Puck Magazine - Restoration by Adam Cuerden.jpg|thumb|upright=1.35|'' The Pirate Publisher—An International [[Victorian burlesque|Burlesque]] that has the Longest Run on Record'', from ''[[Puck (magazine)|Puck]]'', 1886, satirizes the then-existing situation where a publisher could profit by simply copying newly published works from one country, and publishing them in another, and vice versa.]]
The 1886 [[Berne Convention]] first established recognition of authors' rights among [[Sovereignty|sovereign nations]], rather than merely bilaterally. Under the Berne Convention, protective rights for [[creative works]] do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" these protective rights in countries adhering to the Berne Convention.<ref name="Berne Convention for the Protection of Literary and Artistic Works Article 5">{{Cite web |url=https://www.wipo.int/wipolex/en/text/283693 |title=Berne Convention for the Protection of Literary and Artistic Works Article 5 |access-date=18 November 2011 |publisher=World Intellectual Property Organization |archive-date=11 September 2012 |archive-url=https://web.archive.org/web/20120911051959/http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P109_16834 |url-status=dead }}</ref> As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all intellectual property rights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the rights expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100&nbsp;years later with the passage of the [[Copyright, Designs and Patents Act 1988]]. Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by the convention. This was a special provision that had been added at the time of 1971 revision of the convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989.<ref>Garfinkle, Ann M; Fries, Janet; Lopez, Daniel; Possessky, Laura (1997). "Art conservation and the legal obligation to preserve artistic intent". [[JAIC]] 36 (2): 165–179.</ref>

The United States and most [[Latin America]]n countries instead entered into the [[Buenos Aires Convention]] in 1910, which required a copyright notice on the work (such as ''[[all rights reserved]]''), and permitted signatory nations to limit the duration of copyrights to shorter and renewable terms.<ref>[http://www.copyright.gov/circs/circ38a.pdf "International Copyright Relations of the United States"], U.S.&nbsp;Copyright Office Circular No.&nbsp;38a, August 2003.</ref><ref>[http://www.unesco.org/culture/copyright/html_eng/ucc52ms.pdf Parties to the Geneva Act of the Universal Copyright Convention] {{webarchive|url=https://web.archive.org/web/20080625003242/http://www.unesco.org/culture/copyright/html_eng/ucc52ms.pdf |date=25 June 2008 }} as of 1 January 2000: the dates given in the document are dates of ratification, not dates of coming into force. The Geneva Act came into force on 16 September 1955, for the first twelve to have ratified (which included four non-members of the Berne Union as required by Art.&nbsp;9.1), or three months after ratification for other countries.</ref><ref>[http://www.copyright.ht/en 165&nbsp;Parties to the Berne Convention for the Protection of Literary and Artistic Works] {{webarchive|url=https://web.archive.org/web/20160306215357/http://copyright.ht/en |date=6 March 2016 }} as of May 2012.</ref> The [[Universal Copyright Convention]] was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the [[Soviet Union]] and developing nations.

The regulations of the [[Berne Convention for the Protection of Literary and Artistic Works|Berne Convention]] are incorporated into the [[World Trade Organization]]'s [[Agreement on Trade-Related Aspects of Intellectual Property Rights|TRIPS]] agreement (1995), thus giving the Berne Convention effectively near-global application.<ref name="Contemporary Intellectual Property: Law and Policy">{{Cite book |title=Contemporary Intellectual Property: Law and Policy |url= https://books.google.com/books?id=_Iwcn4pT0OoC |via=Google Books |page=39 |author1=MacQueen, Hector L |author2=Charlotte Waelde |author3=Graeme T Laurie |isbn=978-0-19-926339-4 |year=2007 |publisher=Oxford University Press }}</ref>

In 1961, the [[United International Bureaux for the Protection of Intellectual Property]] signed the [[Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations]]. In 1996, this organization was succeeded by the founding of the [[World Intellectual Property Organization]], which launched the 1996 [[WIPO Performances and Phonograms Treaty]] and the 2002 [[World Intellectual Property Organization Copyright Treaty|WIPO Copyright Treaty]], which enacted greater restrictions on the use of technology to copy works in the nations that ratified it. The [[Trans-Pacific Partnership]] includes [[Trans-Pacific Partnership Intellectual Property Provisions|intellectual property provisions]] relating to copyright.

Copyright laws and authors' right laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and [[international organizations]] such as the [[European Union]] require their member states to comply with them. All member states of the [[World Trade Organization]] are obliged to establish minimum levels of copyright protection. Nevertheless, important differences between the national regimes continue to exist.<ref name=":5" /><ref name=":4" />