The History of Copyright Protection

Question 1

To what is history of copyright closely linked to?

Answer 1

To technological development.

Question 2

When did copyright became economically significant?

Answer 2

When cheap multiple copies of literary works could be made.

Question 3

To what is the appearance of copyright linked to?

Answer 3

To the appearance of the printing technique.

Question 4

What were the first forms of copyright protection?

Answer 4

The granting of monopolies and privileges to certain stationers (predecessors of publishers).

Question 5

When and where was granted the oldest known privilege?

Answer 5

In Venice in 1496.

Question 6

To whom was granted the oldest known privilege?

Answer 6

To Joannis de Spira.

Question 7

In what century did privileges appear in other European countries and with what were they concerned?

Answer 7

In the 16th century. They were essentially concerning an exclusive publication right for certain works, or an exclusive right to reprint in cases where first publication of a work was not subject to monopoly, or an exclusive right of importation.

Question 8

What prompted the grant of the privilege?

Answer 8

The industrial and economic development of the country.

Question 9

For what opened the privileges a way?

Answer 9

For the first Copyright Act.

Question 10

When and where was enacted the first Copyright Act?

Answer 10

In England in 1710.

Question 11

What did the first Copyright Act grant?

Answer 11

Substantive rights and effective procedures for the enforcement of copyright.

Question 12

What did the first Copyright Act provide to authors?

Answer 12

It provided that authors had the exclusive right to print their work for 14 years after its first publication.

Question 13

When did France introduce copyright legislation?

Answer 13

In 1791.

Question 14

What was granted to authors by a decision of the Conseil d’Etat du Roi?

Answer 14

It granted authors a printing privilege for life.

Question 15

When was introduced the General Prussian Code?

Answer 15

In 1794.

Question 16

What did the General Prussian Code protect?

Answer 16

It protected authors indirectly by providing that publishers were only protected if they had the author’s authorization.

Question 17

Which two large copyright traditions were set out at that time?

Answer 17

1. The common law tradition

2. The civil law tradition

Question 18

Explain the copyright common law tradition.

Answer 18

The copyright common law tradition places the emphasis on the economic exploitation of the work and is therefore sometimes seen as favoring entrepreneurs, such as publishers, film producers and so on. It often also includes phonogram producers and broadcasters under copyright protection. It achieves that by operating legal presumptions in favor of entrepreneurs and sometimes granting authors a relatively modest set of moral rights.

Question 19

Explain the copyright civil law tradition.

Answer 19

The civil law tradition places the emphasis on the reward of the intellectual effort to the author. This is also the reason why it refers to copyright as authors right. It regards copyright as a personality right, a human rights-based right.

Question 20

How does the copyright tradition see copyright?

Answer 20

As a property right, as a title that facilitates economic exploitation.

Question 21

What is the starting point of copyright?

Answer 21

A utilitarian approach.

Question 22

What is the starting point in the Droit d’ Auteur tradition?

Answer 22

Creative expression is inherently a part of the person and personality of the human beings makes copyright a natural right.

Question 23

To what is linked a natural right?

Answer 23

To the person of the author.

Question 24

What does the system encourage either way?

Answer 24

It encourages investment in the dissemination of creative works and promotes the economic growth of creative industries.

Question 25

What became well established in the 19th century?

Answer 25

Copyright protection.

Question 26

What give rise to a need of reciprocal copyright agreements with other countries?

Answer 26

The commercial interests of certain countries.

Question 27

When was adopted the Berne Convention?

Answer 27

In 1886.

Question 28

For what was copyright historically used as?

Answer 28

As a powerful legal tool to encourage the building of the cultural industries.

Question 29

When can the full advantages of copyright be enjoyed?

Answer 29

Only if the country has the pre-requisites for building up these industries.

Question 30

With what is copyright closely associated with?

Answer 30

With the economic and cultural growth of a nation.

Question 31

What did the demand for books increase?

Answer 31

The international trade in copyright works.

Question 32

What is the Berne Convention?

Answer 32

The oldest multilateral copyright convention.

Question 33

What does the Berne Convention establish?

Answer 33

It establishes a Union for the protection of the rights of authors in their literary and artistic works.

Question 34

What does the Berne Convention provide?

Answer 34

It provides that the personal connection of the author with an Union country or the first publication of a work in an Union country secures protection of the work in that country.

Question 35

How does the Berne Convention extend the protection?

Answer 35

To all contracting states by obliging them to grant national treatment.

Question 36

What are the Contracting Parties also obliged to?

Answer 36

They are also obliged to incorporate into their national laws certain rights granted in the Bern Convention as a minimum level of protection.

Question 37

May the Contracting Parties offer more extensive protection?

Answer 37

Yes.

Question 38

What does the Berne Convention constitute?

Answer 38

It constitutes the cornerstone for copyright and has been revised on many occasions in order to accommodate new technological developments.

Question 39

When and where was the Berne Convention revised?

Answer 39

In Paris in 1896, in Berlin in 1908, in Berne in 1914, in Rome in 1928, in Brussels in 1948, in Stockholm in 1967 and in Paris in 1971.

Question 40

How many contracting states were there on the 1st September 2009?

Answer 40

164.

Question 41

What does the automatic grant of copyright at the cross border level allow?

Answer 41

It allows authors and cultural industries who exploit their works to operate globally and to do so on a level playing field.

Question 42

What are some more recent conventions?

Answer 42

The 1994 TRIPS agreement and the 1996 WIPO Copyright Treaty.

Question 43

What does the TRIPS agreement do?

Answer 43

It places copyright in a world trade context and expands the principles of copyright to even more nation, whilst at the same time updating copyright in the light of events since the last Berne revision in 1971.

Question 44

What does the WIPO Copyright Treaty do?

Answer 44

It takes efforts further and updates copyright for the internet digital era.

Question 45

What is the WIPO Performances and Phonograms Treaty 1996?

Answer 45

A companion treaty to the WCT.

Question 46

When was the WIPO Beijing Treaty on Audiovisual Performances?

Answer 46

2012.

Question 47

When was the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled?

Answer 47

In 2013.

Question 48

What did the updating of copyright protection to the digital/internet context create?

Answer 48

It created more concerns regarding access to work and creativity.

Question 49

What justifies the copyright protection?

Answer 49

Promotion of economic growth of a country.

Question 50

What did the WIPO Development Agenda mandate?

Answer 50

It mandated a paradigm shift in the approach to intellectual property in general, and copyright in particular.

Question 51

Where and when was drafted the Universal Copyright Convention?

Answer 51

In Geneva in 1952.

Question 52

By whom was the UCC promoted?

Answer 52

By UNESCO.

Question 53

When and where was the UCC revised?

Answer 53

In Paris in 1971.

Question 54

What was the UCC’s purpose?

Answer 54

To establish a multilateral international protection at a level where also some countries outside the Berne Convention, including the USA, could join.

Question 55

Where are the headquarters of the World Intellectual Property Organization?

Answer 55

In Geneva.