2. What Are Intellectual Property Rights?

 

B. A Brief History of Copyright

Copyright has changed and adapted to political, economic, social, and technological circumstances throughout its history. Our present notion of copyright evolved from political circumstances and a history of legal rulings rather than any rational sense of guiding principles.16 The initial concept of copyright, which emerged in the fifteenth century, bears very little resemblance to copyright as we conceive of it today. In its earliest manifestations, copyright was granted mostly to publishers and was perceived as a publisher’s right, with no concern for author or creator.

Copyright in the United States has its origins in English statutes dating back to 1709 (:the Statue of Anne") and from precepts set as far back as the sixteenth century.17 In England during this time, censorship and control of the press were primary concerns of the monarchy (especially during the reigns of Henry VIII, Edward VI, and Mary Stuart), who wished to prevent religious and political sedition being printed. Royal charters were granted to the publishing guild, giving them a monopoly in return for cooperation in controlling the press. Copyright effectively functioned as a device for maintaining order and monopoly among the book trade. It was fostered in this form for more than 150 years without any legal interference because it served the purposes of various governments. Thus copyright emerged as an instrument for controlling ideas rather than helping to proliferate them.18

Section B, continued...

 

A. Intellectual Property Rights in the United States

C. The Nature of Rights in Copyright

D. The Complexity of Rights in an Electronic Environment

E. Current Rights Management Methods

F. The Emergence and Perseverance of Rights Management

Notes

 

Introduction to
Managing Digital Assets