Copyright
From The Art and Popular Culture Encyclopedia
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"The sale of one's publishing and copyrights can also be liberating, depending on the circumstances. Singer-songwriters Laura Nyro and Jimmy Webb both sold their publishing in their early twenties, and were able to retire or devote themselves to purely artistic efforts. Porter Wagoner and Janis Ian each ran into financial trouble due to mismanagement, and were only able to avoid bankruptcy by selling their publishing." --Sholem Stein "The Europeans (2019) interweaves rail transport, the diffusion of cultural products, the histories of copyright, mechanical reproduction, tourism, 19th century literature, art and music with the personal lives of operatic star Pauline Viardot, her husband Louis Viardot and her lover Ivan Turgenev to sketch a remarkably lively portrait of 19th century Europe."--Sholem Stein "I would beg leave to whisper in your ear two words: International Copyright. I use them in no sordid sense, believe me, and those who know me best, best know that."--The Speeches of Charles Dickens "mechanical reproduction emancipates the work of art from its parasitical dependence on ritual."--"The Work of Art in the Age of Mechanical Reproduction" (1935) by Walter Benjamin "At the time of the publication of Uncle Tom's Cabin (1852) no international copyright laws existed and although the book and subsequent plays were translated into several languages; Harriet Beecher Stowe received no money whatsoever for these derivative works."--Sholem Stein |
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A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©, and in some jurisdictions may alternatively be written as either (c) or (C).
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History
The history of copyright starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "An 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", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs.
Today national copyright laws have been standardised to some extent through international and regional agreements such as the Berne Convention and the European copyright directives. Although there are consistencies among nations' copyright laws, each jurisdiction has separate and distinct laws and regulations about copyright. Some jurisdictions also recognize moral rights of creators, such as the right to be credited for the work.
Copyrights are exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression or fixation. In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the public domain. Uses which are covered under limitations and exceptions to copyright, such as fair use, do not require permission from the copyright owner. All other uses require permission and copyright owners can license or permanently transfer or assign their exclusive rights to others.
Duration
Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition, novel), whether the work has been published or not, and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication.
Public domain
Public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests within a particular legal jurisdiction. This body of information and creativity is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes. Only about 15 percent of all books are in the public domain, and 10 percent of all books that are still in print.
If an item ("work") is not in the public domain, this may be the result of a proprietary interest such as a copyright, patent, or other sui generis right. The extent to which members of the public may use or exploit the work is limited to the extent of the proprietary interests in the relevant legal jurisdiction. However, when the copyright, patent or other proprietary restrictions expire, the work enters the public domain and may be used by anyone for any purpose.
See also
- Bootleg recording
- Copyfraud
- Copyleft
- Counterfeit
- History of copyright
- Originality
- Pirate edition
- Plagiarism
- Public domain
- Before Copyright: The French Book-Privilege System 1498-1526
- Bridgeman Art Library v. Corel Corp.
- Sweat of the brow
