An Overview Of Copyright Law

Copyright law has become a fixture in modern life because copies of songs, movies and writings can be easily made, mass produced and sold without the permission of their creators. While the usual image of a pirate is an outlaw who sails the seas to raid and loot ships, the most common personification of a pirate in the 21st century is an ordinary-looking person in an ordinary-looking room with computers working to burn copies of popular movies and shows. This set-up is probably the most common scenario that the law seeks to dismantle as it tries to protect intellectual property so that the persons who conceptualize material will be the ones to benefit from its sale.

How Copyrights Began

The need for a law protecting writers’ rights became critical when printing presses became able to very efficiently produce large numbers of books and other writings even without the permission of the authors. This meant that the writers themselves made no money from sales of their books. The first real copyright law was enacted in Britain in 1710. Named the Statue of Anne, this law granted authors and writers the exclusive right to make and sell copies of their work.

The relationship between artists or authors and their creative work was previously undefined before this period in history. This was especially true during the Middle Ages when oral tradition was the mode of disseminating and sharing songs, poems, stories or information. Moreover, these were assumed to be collective property. Troubadours who had composed original songs were not paid for the songs but for singing them.

Therefore, very idea of copyrights during this period in history reveals how the concept of property had changed over the years. While centuries before this ownership could only cover actual material objects, with a law on copyright this ownership was extended to the very product of creative effort. For example, before this time in legal history, persons could own a book. After this period, the ownership of the contents of the book became a separate aspect from the book itself.

Basic Copyright Provisions of Contemporary Law

Modern copyrights are no longer limited to books. Instead their protection now extends to just about any creative product. This would include photographs, paintings, sketches, drawings, architectural designs, films, songs, musical compositions, sound recordings, procedures, games and software.

In general, copyright holders have certain exclusive rights which only they can sell or assign to others. Primary among these would be the right to reproduce work, to make copies and to sell these copies. Electronic copies in particular are a major concern in terms of enforcing exclusive rights to sell.

Modern laws also acknowledge that aside from burning a disc or printing text, there are other ways of copying work. These would include translations, adaptations and the creation of works based from an original creation. Copyright holders are likewise granted control over the following: airing of their work by radio; presentation of their plays on stage or on film; transmission and display of their work through any form of media.

As a rule, not all copying is prohibited by law. This is still allowed for as long as certain qualifiers are met. First of all, copying is not deemed illegal if the duplication is done for the purpose of supporting professional advice or if it is done as part of study or research. Neither is it considered illegal if the copying has no effect on the value, the market or potential market of the copyrighted work.

The Substance of the Law

The very essence of copyright is respect for the right to ownership of an artist or craftsman over his work. Based on this, the law prescribes that financial gain from these works should accrue to the owner.

The Statute of Anne, an English law enacted in 1710, is probably the first clear and complete embodiment of copyright law. While today’s laws state every technical provision that this type of law should contain, the Statute of Anne captures the heart of why such a law should exist. It makes mention that the uncontrolled printing of books and writings is to the detriment and ruin of the writers and their families. There can be no simpler or more fundamental legal justification for copyright than this.