Copyright
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Intellectual property law |
Primary rights |
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Copyright • Patent • Trademark • Industrial design right • Utility model • Geographical indication • Trade secret • Authors' rights • Related rights • Moral rights |
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Database right • Mask work • Plant breeders' rights • Supplementary protection certificate • Indigenous intellectual property |
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Criticism • Orphan works • Public domain • more |
Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, dramatic works, paintings, photographs, sound recordings, motion pictures and computer programs. The British Statute of Anne 1709, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first copyright statute.
Today copyright laws have been standardized to some extent through international and regional agreements such as the Berne Convention and the European copyright directives. Although there are consistencies among nations' copyright laws, each jurisdiction has separate and distinct laws and regulations about copyright. National copyright laws on licensing, transfer and assignment of copyright still vary greatly between countries and copyrighted works are licensed on territorial basis. Some jurisdictions also recognize moral rights of creators, such as the right to be credited for the work.
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[edit] Justification
Main article: Philosophy of copyright
The British Statute of Anne was the first act to directly protect the rights of authors.[1] Under US copyright law, the justification appears in Article I, Section 8 Clause 8 of the Constitution, known as the Copyright Clause. It empowers the United States Congress "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."[2]According to the World Intellectual Property Organisation the purpose of copyright is twofold:
"To encourage a dynamic creative culture, while returning value to creators so that they can lead a dignified economic existence, and to provide widespread, affordable access to content for the public."[3]