Wednesday, 18 April 2012

The British Statute of Anne (1709)


The British Statute of Anne (1709) further alluded to individual rights of the artist, beginning: "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing... Books, and other Writings, without the Consent of the Authors... to their very great Detriment, and too often to the Ruin of them and their Families:"  A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved.  An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws.

Aside from the role of governments and the church, the history of copyright law is in essential ways also connected to the rise of capitalism and the attendant extension of commodity relations to the realm of creative human activities, such as literary and artistic production.  Similarly, different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia.  In the Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society.  The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product, expression and property of the collective.

Not until capitalism emerges in Europe with its individualist ideological underpinnings does the conception of intellectual property and by extension copyright law emerge.  Intellectual production comes to be seen as a product of an individual and their property, rather than a collective or social product which belongs in the commons.  The most significant point is that under the capitalist mode of production, patent and copyright laws support in fundamental and thoroughgoing ways the expansion of the range of creative human activities that can be commodified.  This parallels the ways in which capitalism led to the commodification of many aspects of social life that hitherto had no monetary or economic value per se.

The Statute of Anne was the first real copyright act, and gave the publishers rights for a fixed period, after which the copyright expired.  Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry, covering such items as sound recordings, films, photographs, software, and architectural works.