Historical Development Of Law Of Copyright

Copyright (or author’s right) is a legal term used to describe the rights that creators have over
their literary and artistic works. Works covered by copyright range from books, music,
paintings, sculpture and films, to computer programs, databases, advertisements, maps and
technical drawings.[1]

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-

1. Protect trade quality

2. Minimize unprofessional practices
3. 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 10 th 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:

1. To promote learning
2. To give the author protection against piracy

Main rules of the Act

1. 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.
2. 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.
3. 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:

1. Extension of term of copyright to life and 50 years.

2. No need for prior registry in ‘Register of Stationers’ to receive protection under the
act.
3. Unpublished work is also entitled to protection
4. Summary remedies in suits of infringement
5. The act to include all form of arts such as literature, painting, music, photography etc.

EVOLUTION OF COPYRIGHT LAW IN INDIA

Pre-Independence Copyright law in India

The Copyright Law of India was enacted by the British colony and like most of the acts of
that time; it was an imitation of the English law.
The first copyright act of India was enacted in 1847, during the regime of East India
Company. As per the act, the term of copyright was either, for the lifetime of author plus 7
years or 42 years. The government had the power to grant the publishing license after the
death of the author if the owner of the copyright refused permission. All suits and
infringement related to copyright came under the jurisdiction of the highest local civil court.
The act was replaced by the copyright act of 1914.

The act of 1914 was the first ‘modern’ copyright law of India. It was the first law to include
all works of art and literature under the ambit of copyright. It was a replica of the English law
of 1911. It was done by the British to ease the passage of literature over colonial
subcontinent.

Post-Independence Copyright law in India

The Copyright Act of 1957 came into force on the 21st of January, 1958 replacing the 1911
act. The act besides amending the copyright law also introduced milestone changes such as
provisions for setting up copyright office under the control of Registrar of copyright for
registration of books and other works of art. It also established a copyright board to deal with
the disputes relating to copyright.

CONCLUSION

The history of copyright law is a long and complicated one. Even after more than 100 years,
it is in developing stage. This is because technology is changing faster than ever. With new
techniques, the old law seems to be falling behind, especially in the case of non-literal work.
It is often difficult to tell what is similar to the extent of copyright infringement as it is a very
subjective question. Thus, we need more specific laws to lessen the subjectivity

Khurana & Khurana, Advocates and IP

[email protected][1]https://www.wipo.int/copyright/en/