History of Copyright
Seth Johnson, in an email, points to a fascinating paper by David Walker called “Heirs of the Enlightenment: Copyright During the French Revolution and Information Revolution In Historical Perspective.” From the introduction:
During the Enlightenment, two conflicting viewpoints on the nature of authorship, creativity, and copyright emerged. One view, proposed by the French thinker Denis Diderot, advanced the notion that literary works are unique creations of the individual mind, and thus should be protected as the most sacred form of property. The other view, advanced by the Marquis de Condorcet, saw literary works as the expression of ideas that already exist in nature, and thus belong to all and should be made available to all for the common good. Both viewpoints had a profound influence on the changing legal status of intellectual property during the French Revolution. Even more, this paper will argue that these two conflicting viewpoints, both of which were firmly grounded in Enlightenment thought, still continue to have an influence into the present, and the tension between the two continues to be played out in the arena of copyright in the United States in the year 2000.
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“The Congress shall have the Power… to Promote the Progress of SCience and the Useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their respective Writings and Discoveries”
-“History of the Copyright”
Copyright history
History of Copyright .
The history of American copyright law originated with the introduction of the printing press to England in the late fifteenth century. As the number of presses grew, authorities sought to control the publication of books by granting printers a near monopoly on publishing in England. The Licensing Act of 1662 confirmed that monopoly and established a register of licensed books to be administered by the Stationers’ Company, a group of printers with the authority to censor publications. The 1662 act lapsed in 1695 leading to a relaxation of government censorship, and in 1710 Parliament enacted the Statute of Anne to address the concerns of English booksellers and printers. The 1710 act established the principles of authors’ ownership of copyright and a fixed term of protection of copyrighted works (fourteen years, and renewable for fourteen more if the author was alive upon expiration). The statute prevented a monopoly on the part of the booksellers and created a “public domain” for literature by limiting terms of copyright and by ensuring that once a work was purchased the copyright owner no longer had control over its use. While the statute did provide for an author’s copyright, the benefit was minimal because in order to be paid for a work an author had to assign it to a bookseller or publisher.