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EVOLUTION OF COPYRIGHT LAW IN UK


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EVOLUTION OF COPYRIGHT LAW IN UK


The history of copyright protection began to emerge with the invention of the printing machine which made it possible to duplicate literary works by a mechanical process. The printing press was invented by Johannes Gutenberg in Germany around 1440.

In 1483, Gutenberg's invention reached England, and the then Monarch King Richard III lifted the ban on import of manuscripts and books. As a result, authors started sending their books in England for printing. They enjoyed a royal license and dueto proliferation of books, England soon became the Centre of printing across the length and breadth of Europe.

In 1529, King Henry VII constituted a system of privilege, thus making printing business a monopoly of the crown. It was during this time that all the people who were earlier involved in writing manuscripts and making copies came together to form the Stationer's Guild.

In 1516, the stationer's guild constituted into a company. The members of the company had exclusive right to reprint works in perpetuity in the name of other members of the company who had sole right to publish the work. The registered members had the right to both print and publish the books.

In 1533, King Henry banned the imports of books and stationery under the pretense of growth and development of England's publishers and printers.

In 1557, the Stationer's Company received a royal charter and was granted the privilege of regulating the book trade. The company was necessary for three reasons-

Protect trade quality
 Minimize unprofessional practices
Limit Competition
LICENSING ACT
Act of 1661
In 1661, the first licensing act was passed. The right of members of the stationary company to publish was later referred to as copyright. However, the members did not have the status of an owner of the book they published. The right was given to them as part of a commercial deal.

Act of 1662
The licensing act of 1662 empowered the company to take action against the infringement of their right. A register of licensed books was maintained, and certain designated members had the right to conduct search and seizure of unlicensed books. This was the first act to check piracy.

The Licensing Act could however didn't survive the test of time. As system weakened overtime, the ban on unlicensed printing was removed; as a result, independent printers entered the market. The Licensing Act could not distinguish between mechanical and intellectual piracy. It was eventually repealed in 1681.

STATUTE OF ANNE
 The statute of Anne came into force on 10th April 1710. This act caused a paradigm shift in the copyright world. It acknowledged the rights of authors of published work. This came to be known world's first copyright law. The purpose of the act was twofold:

To promote learning
To give the author protection against piracy
Main rules of the Act
Author of a book not yet printed shall have the sole right of printing for 14 years and if after 14 years he is alive then additional 14 years.
Infringers would forfeit the infringing books found in their custody and shall pay half amount of the fine to the crown and the other half to the plaintiff.
No book shall be bought for infringement unless the title of the book has been entered before publication in the 'Register Book' of Stationer's Company.
THE COPYRIGHT ACT, 1911
Before the act of 1911, the books and literary works were protectedunder the statute of Anne and other art such as music, painting or photographs were protected under legislation such as the Engraving Copyright Act 1734 and the Fine Arts Copyright Act 1862

The 1911 act consolidated all the acts into one and implemented the Berne Convention. Major features of this act are:

Extension of term of copyright to life and 50 years.
No need for prior registry in 'Register of Stationers' to receive protection under the act.
Unpublished work is also entitled to protection
Summary remedies in suits of infringement
The act to include all form of arts such as literature, painting, music, photography etc.
 

 

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