The Evolution Of Copyright
Katrina Kelly, Rachael Hanks, Pristine Penor, Jeremy Matthews
Copyright: Basic Definition
The exclusive right of an author to make copies, license, and
otherwise exploit their own legally protected literary, musical, or
artistic work, whether printed, audio, video, etc.
Intellectual Property: The Protection
of Ideas
-“Intellectual property” is a
legally protected sphere of
creations ranging from literary
works to creative inventions.
-Why protect intellectual
property? To encourage artists
and authors to share their
works and ideas without fear
of it being stolen or
misrepresented.
-Copyright and its symbol © are
recognized and adhered to
internationally. (Universal
Copyright Convention – an
international treaty).
Publication Rights
-The author controls
distribution of the work to the
public, whether by sale,
lease, loan, or rental.
-The right to adapt- 1870
Congress granted authors
the right to control the
translation or dramatization
of their works. Previously a
novelist couldn’t stop a
playwright from adapting the
work.
The Right of the Author/Artist
to Exclude
-A poem or picture is as much protected on a disk as
on a piece of paper or canvas.
-Copyright protection does not extend to the idea,
only each author’s unique expression…
In other words…
The purpose of modern copyright is to…
Fair Use
“It was the intent of the
Constitution’s drafters that copyright
law would encourage creativity.
Creativity would be severely
hampered if there were no
limitations to author’s rights. FAIR
USE is a right to use copyrighted
material for limited purposes and
without consent of the author (our
entire PowerPoint for
example)…fair use is intended to
promote a benefit to the public
usually to comment, criticize,
parody…” (Richard Stim 54)
Q: What is Copyrightable?
A: Any creative expression of an idea!
- Ideas by themselves are not copyrightable.
- The idea must be “fixed” in some form. Ex) Books,
poems, artwork, computer disks, etc.
- Once expressed and fixed, it may
then be found unique and “original”.
The Koosh Ball: Expression Vs.
Function
-A ball is an idea with a specific
function, and ideas are not
copyrightable.
- While Koosh suggested that
their ball was copyrightable
because its expression was
different and original, it still
performed the function of a ball
and its expression was to be a
ball.
- The Koosh Ball sought legal
protection from other sources,
such as patents and trademarks,
but could not receive an official
copyright.
The History of Copyright
Before The Printing Press:
 Texts gave very little
back to the author.
 Lack of widespread
literacy meant little
conflict in terms of
“intellectual property.”
 The closest things to
copyrights for
manuscripts were
inscriptions called “book
curses.”
He who steals this book may he die the death, may he be frizzled
in a pan...Steal not this Book my honest Friend! For fear the
Galows should be your hend, And when you die the Lord will say
"And wares the Book you stole away?"
The First Attempts at Copyright
StationerS’ Company:
The Stationers’ Hall. The company, also called
The Worshipful Company of Stationers and
Newspaper Makers, held a monopoly over
publishing and copyright until 1709.
 Founded in 1403,
received Royal Charter
in 1557.
 Guild of printers,
booksellers, and
bookbinders.
 Controlled all rights to
published writing.
 In essence, this
government-approved
company had complete
control over what was
published/copyrighted.
First Copyright Law: Great Britain
The Statute of Anne: 1709
-
Provided copyright protection to currently published authors for 21
years.
Provided copyright protection to subsequent works for 14 years.
Marked beginning of government-enforced protection of the author
from theft or unauthorized republication of a written work.
“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.”
First Copyright Law: United States
Copyright Act of 1790
-“The Congress shall have power… 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.”
-Gave 14-year term of copyright
protection for books, maps, and charts.
-Could be extended for a second term.
The Philadelphia Spelling
Book by John Barry was the
first registered work to
receive a US Copyright.
A Boston newspaper publication
about the new copyright law.
Additions to Copyrightable Material
Music and original
compositions, 1831
Other Acts:
Dramatic Compositions, 1856
Photography, 1865
-Copyright Act of 1909: extended term of copyright to 28 years, and said that a
work had to be published, had to have notice of copyright, and had to be
registered for it to receive copyright protection.
-Various changes to the original act 1790 either added new technologies to the list
of things which could receive copyright, or simply extended its term.
The US Copyright Act of 1976
-The term of the copyright was
extended to that which consisted of
“the life of the author and 50 years
after the author’s death.”
-
Added literary works, musical
works (including lyrics), dramatic
works, pantomimes and
choreographic work, pictorial,
graphic, and sculptural works,
motion pictures and audiovisual
works, and sound recordings to
the definition of “works of
authorship.” (Architecture was
added in 1990.)
-
Marked a shift in the definition of
what should be available for
copyright protection.
-
Proposed that a work did not need
to be published for it to receive
copyright.
THE BERNE CONVENTION-1988-1989
Key Points About Copyright Evolution
(And it’s history)
 Began as a fairly effective means of discouraging
thievery.
 Transitioned into an ineffective and corrupt monopoly
of publishers over authors and their respective works.
 Transitioned to a more stable, government-enforced
protection of creative works in a variety of mediums.
 Transitioned into a major renovation of copyright terms,
including what could be considered “intellectual
property,” and what was copyrightable.
Which leads us to…
Modern Copyright
 Modern copyrights focus on films, music,
and software, and help to prevent piracy.
 Family Entertainment and Copyright Act
 Artist’s Rights and Theft act (2005)
 Prevents piracy of movies/software
 Family Home Movie Act
 Allows creation of technology that creates a
censored version of a movie
 It’s a DVD player that can be programmed to skip over
offending parts
 Copyright Term Extension Act (1998)
Sonny Bono Extension Act
Mickey Mouse Protection Act
 Extended copyright by 20 years
 Copyright before 1998 =
Life of author + 50 years
 Copyright after 1998 =
Life of author + 70 years
 Did not revive expired copyrights
(Extended copyright encourages future
artists to be creative and original,
instead of recycling/reusing old ideas)
Copyright Has Limitations
 Only expression is protected
 NOT facts, names, slogans, ideas, etc.
or things that have not been
recorded, “fixed,” in some way.
 Later works that merely happen
to be very similar (or even identical) to earlier
works do not infringe if they were
independently created.
What The Owner/Creator Can Do
With Their Own Copyrighted Work:
-copy the work.
-create derivative works based
upon the work.
- sell, rent, lease, lend copies of
the work.
- publicly perform literary, musical,
dramatic, motion picture and other
audiovisual works.
- publicly perform sound
recordings.
How Can I Sue Someone Who’s Stolen
My Work?
-Copyright registration is needed
before U.S. owners can bring suit.
- Also, prompt registration provides
remedies that make lawsuits
affordable.
-There are available statutory
damages of $150,000.
-Registration is inexpensive, and
simple.
But What If I Don’t Have a Copyright?
- It is not necessary to have a
notice of copyright (i.e.: © 1997
Jane Doe) for material to be
copyright protected in the U.S.
YOUR WORK
-Once something tangible is
produced (text, graphics, music,
video, etc.), it is automatically
copyrighted.
-Anyone can use the copyright
symbol on her or his original
work.
How to get a copyright
 Doesn’t have to be published
 Doesn’t even have to be registered
 Just has to created
© 2008 John Smith
 But registration is encouraged –
for your benefit!
Advantages to Registration:
- Public record of the copyright claim
- In order to file an infringement claim,
registration is necessary.
 If made before or within 5 years, makes
copyright valid in court
 If made before publication or infringement,
statutory damages + attorney fees are
available.
 Customs and border protection.
Want to register something?
 Fill out an application form
 Pay a filing fee – nonrefundable of course!
 A nonreturnable copy of the work
 If it was published after 1978 – need complete copies
of the best edition
 If it was published before 1978 – need two complete
copies of its first publication
 If it was first published outside the US – need
complete copy of its first publication
 If it wasn’t published – needs a title, only one person
to claim copyright or each person clearly claims their
part
Which leads us to…
The Future of Copyright:
Problems and Prospects
Plagiarism
- Plagiarism is the act of
stealing and passing off the
ideas, words, or other
intellectual property produced
by another as one's own.
-For example, using someone
else's words in a research
paper without citing the source,
is an act of plagiarism.
A Devil Called “Internet”
"The Internet has been
characterized as the largest threat
to copyright since its inception. The
Internet is awash in information, a
lot of it with varying degrees of
copyright protection. Copyrighted
works on the Net include new s
stories, software, novels,
screenplays, graphics, pictures,
Usenet messages and even email.
In fact, the frightening reality is that
almost everything on the Net is
protected by copyright law. That can
pose problems for the hapless
surfer." ("The Copyright Web site"
http://www.benedict.com/)
Major Problems With Copyright
- Piracy is huge.
-Authors can lose control
of their creations.
- Bootlegs and illegal
downloads.
- Computer code.
- It may not be in the
figurative public domain,
but it now exists in a more
literal sense…everything
is a mouse click away.
What’s An Author To
Do?
-Give it away!
-A new trend and marketing tool is to make stories and content
available for free.
-The belief is that readers/consumers who try something for free and
enjoy it are more likely to rerun to the creator and pay for something in
full.
-Popular authors like Gaiman, King, and Doctorow have done this, and
even bands like Radiohead have had a “donate if you want” policy with
free downloadable music from the internet.
Arguments Against Copyright
- It stifles innovation.
- It is a money-driven concept.
(Think of Walt Disney! $$$!!!)
- No new work will appear in
the public domain until
2012…but expect Disney and
other IP houses to get the law
extended again…
Not-So-Stifled Innovation
- Advent of print brought innovation
and the “fixed form.”
- Printed information about the
Sciences, could now be used by all,
leaving it available for interpretation
and improvement.
- By having science in a fixed form
others could expand their studies
beyond the text itself, but always
return to it for reference
- Wikipedia is a current example of
how the public can work from a
foundation to create and maintain
innovation of information.
Recent Cases Of Copyright In Action
 Recent
case: J.K
Rowling sued someone
who sought to publish a
compendium of stuff
based on her works (he
lost—it was not original
enough).
Derivatives
- There are very few original works.
- Most work is already derivative of something else.
- So, to give protection to one “creation” that is already based in part or whole
on another seems unfair.
- Walt Disney built his empire on derivative interpretations of fairy tales.
Disney’s The Little Mermaid, is
actually derived from a fairytale by
Hans Christian Andersen.
Prospective Laws: The Future of
Copyright
- Congress is poised to pass
legislation that could essentially
eviscerate copyright protection
for illustrators, photographers
and other creators.
-Cartoonists, photographers and
other professional artists have
been rallying against the
bill…Their work typically does
not have a copyright notice in
every image, and…it would be
easy to drop for viral distribution.
Orphan Works: Copyright’s Future
 Limiting liability for infringement when a “reasonably diligent
search” was “unable to locate” the material’s owner.
 In the current system, an infringer is liable for costs, attorney fees
and other damages.
 Proposed Act sets these damages aside when a court has found
that the requisite search had been made
 the remedy is limited to “reasonable compensation.”
Orphan Works: Problems
 Enforcement of copyright interests would become impractical for
all but the wealthiest copyright holders.
 Registration would be the only way to secure meaningful
protection for works susceptible to copyists.
 Registering each work with the Copyright Office would be cost
prohibitive for many small to mid-range businesses.
 De-facto registration requirement.
And NOW… A Sweet Video!
http://www.youtube.com/watch?v=CJn_jC4
FNDo
Bibliography
 http://www.piercelaw.edu/thomasfield/ipbasics/copyright-on-theinternet.php
 http://mason.gmu.edu/~montecin/copyright-internet.htm
 http://cyberlaw.stanford.edu/documentary-film-program/film/a-fairy-use-tale
 Besenjak, Cheryl. Copyright: Plain and Simple. Career Press.
Franklin Lakes, NJ. 1997.
 Goldstein, Paul. Copyright’s Highway. Stanford University Press.
Standford, CA. 2003.
Fin