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147-410: A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work , usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright
294-741: A Time article. The 1976 Act, through its terms, displaces all previous copyright laws in the United States insofar as those laws conflict with the Act. Those include prior federal legislation, such as the Copyright Act of 1909, and extend to all relevant common law and state copyright laws. Under section 102 of the Act, copyright protection extends to "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with
441-499: A "bias" by confusing these monopolies with ownership of limited physical things, likening them to "property rights". Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term. He argues that, "to avoid spreading unnecessary bias and confusion, it is best to adopt a firm policy not to speak or even think in terms of 'intellectual property'." Similarly, economists Boldrin and Levine prefer to use
588-453: A breach of civil law or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action. As of 2011, trade in counterfeit copyrighted and trademarked works was a $ 600 billion industry worldwide and accounted for 5–7% of global trade. During the Russian invasion of Ukraine , IP has been a consideration in punishment of
735-405: A copyright in a work is distinct from a property right in a copy of the work, where the only existing copy of the work is transferred, the copyright is transferred along with the copy, unless expressly withheld by the author. Section 202 of the 1976 Act retains the property right/copyright distinction, but section 204 eliminates the inconsistent common law by assuming that the copyright is withheld by
882-519: A direct approach to the infringing party in order to settle the dispute out of court. "... by 1978, the scope was expanded to apply to any 'expression' that has been 'fixed' in any medium, this protection granted automatically whether the maker wants it or not, no registration required." With older technology like paintings, books, phonographs, and film, it is generally not feasible for consumers to make copies on their own, so producers can simply require payment when transferring physical possession of
1029-779: A fixed period, after which the copyright expired. It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ... Books, and other Writings, without
1176-670: A limited period of time. Supporters argue that because IP laws allow people to protect their original ideas and prevent unauthorized copying, creators derive greater individual economic benefit from the information and intellectual goods they create, and thus have more economic incentives to create them in the first place. Advocates of IP believe that these economic incentives and legal protections stimulate innovation and contribute to technological progress of certain kinds. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property
1323-402: A lower price. Balancing rights so that they are strong enough to encourage the creation of information and intellectual goods but not so strong that they prevent their wide use is the primary focus of modern intellectual property law. By exchanging limited exclusive rights for disclosure of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive
1470-567: A lower price. Balancing rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods' wide use is the primary focus of modern intellectual property law. The Venetian Patent Statute of 19 March 1474, established by the Republic of Venice , is usually considered to be the earliest codified patent system in the world. It states that patents might be granted for "any new and ingenious device, not previously made", provided it
1617-478: A man has a natural and absolute right—and if a natural and absolute, then necessarily a perpetual, right—of property, in the ideas, of which he is the discoverer or creator; that his right of property, in ideas, is intrinsically the same as, and stands on identically the same grounds with, his right of property in material things; that no distinction, of principle, exists between the two cases". Writer Ayn Rand argued in her book Capitalism: The Unknown Ideal that
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#17327663004751764-489: A nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty . Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there
1911-487: A new copyright act, particularly to protect the rights of authors with the advent of new technologies. Aside from advances in technology, the other main impetus behind the adoption of the 1976 Act was the development of and the United States' participation in the Universal Copyright Convention (UCC) (and its anticipated participation in the Berne Convention ). While the U.S. became a party to
2058-420: A notice of copyright affixed. State copyright law governed protection for unpublished works before the adoption of the 1976 Act, but published works, whether containing a notice of copyright or not, were governed exclusively by federal law. If no notice of copyright was affixed to a work and the work was, in fact, "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of
2205-453: A paradigm shift". Indeed, up until the early 2000s, the global IP regime used to be dominated by high standards of protection characteristic of IP laws from Europe or the United States, with a vision that uniform application of these standards over every country and to several fields with little consideration over social, cultural or environmental values or of the national level of economic development. Morin argues that "the emerging discourse of
2352-438: A patent for five, ten or fifteen years." In Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs , published in 1846. Until recently, the purpose of intellectual property law was to give as little protection as possible in order to encourage innovation . Historically, therefore, legal protection was granted only when necessary to encourage invention, and it
2499-416: A product of an individual, with attendant rights. The most significant point is that patent and copyright laws support 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 earlier had no monetary or economic value per se. Copyright has developed into a concept that has
2646-411: A significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as sound recordings , films , photographs , software , and architecture . Often seen as the first real copyright law, the 1709 British Statute of Anne gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for
2793-412: A single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead. Copyright law recognizes the right of an author based on whether the work actually is an original creation , rather than based on whether it is unique ; two authors may own copyright on two substantially identical works, if it is determined that
2940-516: A tangible medium of expression" to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of more than transitory duration". Similarly, Canadian courts consider fixation to require that the work be "expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance". Note this provision of US law: c) Effect of Berne Convention.—No right or interest in
3087-410: A two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Generally speaking, it is what makes a product look appealing, and as such, it increases the commercial value of goods. Plant breeders' rights or plant variety rights are the rights to commercially use a new variety of a plant . The variety must, amongst others, be novel and distinct and for registration
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#17327663004753234-611: A whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. Yet scholars like Lawrence Lessig have argued that copyright terms have been extended beyond the scope imagined by the Framers. Lessig refers to the Copyright Clause as the "Progress Clause" to emphasize the social dimension of intellectual property rights. The original length of copyright in
3381-608: A wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction , but these can include poems , theses , fictional characters , plays and other literary works , motion pictures , choreography , musical compositions, sound recordings , paintings , drawings , sculptures , photographs , computer software , radio and television broadcasts , and industrial designs . Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas and information themselves, only
3528-480: A work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of
3675-565: A work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some "skill, labour, and judgment" that has gone into it. In Australia and the United Kingdom it has been held that
3822-409: A written instrument of conveyance that expressly transfers ownership of the copyright to the intended recipient for a transfer to be effective. Prior case law on this issue was conflicting, with some cases espousing a rule similar to section 204 and others reaching a quite different conclusion. In the 1942 New York case Pushman v. New York Graphic Society , for example, the court held that although
3969-432: Is "indivisible", since an unlimited number of people can in theory "consume" an intellectual good without its being depleted. Additionally, investments in intellectual goods suffer from appropriation problems: Landowners can surround their land with a robust fence and hire armed guards to protect it, but producers of information or literature can usually do little to stop their first buyer from replicating it and selling it at
4116-594: Is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of " fair use ", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976, and went into effect on January 1, 1978. US Register of Copyrights Barbara Ringer took an active role in drafting
4263-549: Is a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process, and generally has to fulfill three main requirements: it has to be new , not obvious and there needs to be an industrial applicability . To enrich
4410-474: Is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect. In particular, a 2014 university study concluded that free music content, accessed on YouTube , does not necessarily hurt sales, instead has
4557-601: Is a trade secret for Coca-Cola .) The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. Because they can then profit from them, this gives economic incentive for their creation. The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property
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4704-416: Is an extension of an individual. Utilitarians believe that intellectual property stimulates social progress and pushes people to further innovation. Lockeans argue that intellectual property is justified based on deservedness and hard work. Various moral justifications for private property can be used to argue in favor of the morality of intellectual property, such as: Lysander Spooner (1855) argues "that
4851-668: Is considered similarly high in other developed nations, such as those in the European Union. In the UK, IP has become a recognised asset class for use in pension-led funding and other types of business finance. However, in 2013, the UK Intellectual Property Office stated: "There are millions of intangible business assets whose value is either not being leveraged at all, or only being leveraged inadvertently". An October 2023 study released by Americans for
4998-460: Is created for inventors and authors to create and disclose their work. Some commentators have noted that the objective of intellectual property legislators and those who support its implementation appears to be "absolute protection". "If some intellectual property is desirable because it encourages innovation, they reason, more is better. The thinking is that creators will not have sufficient incentive to invent unless they are legally entitled to capture
5145-635: Is different from violations of other intellectual property laws, since by definition trade secrets are secret, while patents and registered copyrights and trademarks are publicly available. In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act . The United States also has federal law in the form of the Economic Espionage Act of 1996 ( 18 U.S.C. §§ 1831 – 1839 ), which makes
5292-432: Is indivisible—an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation—while a landowner can surround their land with a robust fence and hire armed guards to protect it, a producer of information or an intellectual good can usually do very little to stop their first buyer from replicating it and selling it at
5439-694: Is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works , distribution, public performance , and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by
5586-678: Is the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement sets minimum international standards for IP which every member of the World Trade Organization (WTO) must comply with. A member's non-compliance with the TRIPS Agreement may be grounds for suit under the WTO's Dispute Settlement Mechanism . Bilateral and multi-lateral agreements often establish IP requirements above
5733-465: Is to "minimize any disruptive impact on the structure of the industries involved and on generally prevailing industry practices". Critics of the law have questioned this aspect of it, as it discourages innovation and perpetuates older businesses. Streaming music on a portable device is mainstream today, but digital radio and music streaming websites such as Pandora are fighting an uphill battle when it comes to copyright protection. 17 USC 801(b)(1)(D) of
5880-448: Is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The Anti-Counterfeiting Trade Agreement (ACTA) states that "effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally". Economists estimate that two-thirds of
6027-614: The Copyright Law in United States , the Copyright Office concluded that many diverse aspects of the current moral rights patchwork – including copyright law's derivative work right, state moral rights statutes, and contract law – are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of
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6174-557: The European Union require their member states to comply with them. All member states of the World Trade Organization are obliged to establish minimum levels of copyright protection. Nevertheless, important differences between the national regimes continue to exist. The original holder of the copyright may be the employer of the author rather than the author themself if the work is a " work for hire ". For example, in English law
6321-533: The Internet , creating a much bigger threat to producer revenue. Some have used digital rights management technology to restrict non-playback access through encryption and other means. Digital watermarks can be used to trace copies, deterring infringement with a more credible threat of legal consequences. Copy protection is used for both digital and pre-Internet electronic media. For a work to be considered to infringe upon copyright, its use must have occurred in
6468-619: 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 and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as
6615-487: The RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. ( See Legal aspects of file sharing ) In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by
6762-750: The United International Bureaux for the Protection of Intellectual Property signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations . In 1996, this organization was succeeded by the founding of the World Intellectual Property Organization , which launched the 1996 WIPO Performances and Phonograms Treaty and the 2002 WIPO Copyright Treaty , which enacted greater restrictions on
6909-583: The fair use and fair dealing doctrine. Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering a trademark provides legal advantages for enforcement. Infringement can be addressed by civil litigation and, in several jurisdictions, under criminal law. Trade secret misappropriation
7056-670: The public domain . Under the 1976 Act, however, section 102 says that copyright protection extends to original works that are fixed in a tangible medium of expression. Thus, the 1976 Act broadened the scope of federal statutory copyright protection from "published" works to works that are "fixed". Section 102(b) excludes several categories from copyright protection, partly codifying the concept of idea–expression distinction from Baker v. Selden . It requires that "in no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of
7203-514: The 1760s and 1770s over the extent to which authors and publishers of works also had rights deriving from the common law of property ( Millar v Taylor (1769), Hinton v Donaldson (1773), Donaldson v Becket (1774)). The first known use of the term intellectual property dates to this time, when a piece published in the Monthly Review in 1769 used the phrase. The first clear example of modern usage goes back as early as 1808, when it
7350-519: The 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems . Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to certain information and intellectual goods they create, usually for
7497-408: The 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce
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#17327663004757644-648: The Act was revised multiple times between 1964 and 1976 (see House report number 94-1476). The bill was passed as S. 22 of the 94th Congress by a vote of 97–0 in the Senate on February 19, 1976. S. 22 was passed by a vote of 316–7 in the House of Representatives on September 22, 1976. The final version was adopted as title 17 of the United States Code on October 19, 1976, when President Gerald Ford signed it into law. The law went into effect on January 1, 1978. At
7791-613: The Arts (AFTA) found that "nonprofit arts and culture organizations and their audiences generated $ 151.7 billion in economic activity—$ 73.3 billion in spending by the organizations, which leveraged an additional $ 78.4 billion in event-related spending by their audiences." This spending supported 2.6 million jobs and generated $ 29.1 billion in local, state and federal tax revenue." 224,000 audience members and over 16,000 organizations in all 50 states and Puerto Rico were surveyed over an 18-month period to collect
7938-443: The Berne Convention, or the adherence of the United States thereto. Before 1989, United States law required the use of a copyright notice, consisting of the copyright symbol (©, the letter C inside a circle; Unicode U+00A9 © COPYRIGHT SIGN ), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. Several years may be noted if
8085-432: The Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all intellectual property rights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the rights expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto
8232-618: 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. The Copyright Clause of
8379-411: The Copyright Act states that Copyright Royalty Judges should "minimize any disruptive impact on the structure of the industries involved and on generally prevailing industry practices". "Much of the initial drafting of the '76 Act was by the Copyright Office, which chaired a series of meetings with prominent industry copyright lawyers throughout the 1960s". Some believe that Section 106 was designed with
8526-409: The Copyright Office as a defendant, requiring the court to determine the copyrightability of the work before addressing the issue of infringement. The Act also codified the ability for writers and other artists that license their work to others to act on termination rights 35 years after the publication of the work. This was intended to allow these people to renegotiate licenses at the later period if
8673-527: The Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire". Typically, the first owner of a copyright is the person who created the work i.e. the author . But when more than one person creates the work, then a case of joint authorship can be made provided some criteria are met. Copyright may apply to
8820-452: The EU, and which has not entered into force, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement. There are limitations and exceptions to copyright , allowing limited use of copyrighted works, which does not constitute infringement. Examples of such doctrines are
8967-585: The Statute of Anne. While the national law protected authors' published works, authority was granted to the states to protect authors' unpublished works. The most recent major overhaul of copyright in the US, the 1976 Copyright Act , extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law. This act also changed
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#17327663004759114-661: The U.S. economy at least $ 29.2 billion in lost revenue each year." An August 2021 report by the Digital Citizens Alliance states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $ 1.34 billion in annual advertising revenues." This comes as a result of users visiting pirate websites who are then subjected to pirated content, malware, and fraud. According to World Intellectual Property Organisation , copyright protects two types of rights. Economic rights allow right owners to derive financial reward from
9261-523: The UCC in 1955, Congress passed Public Law 743 in order to modify copyright law to conform to the Convention's standards. In the years following the United States' adoption of the UCC, Congress commissioned multiple studies on a general revision of copyright law, culminating in a published report in 1961. A draft of the bill was introduced in both the House and Senate in 1964, but the original version of
9408-589: The US moral rights patchwork that could be improved to the benefit of individual authors and the copyright system as a whole. Intellectual property Intellectual property ( IP ) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents , copyrights , trademarks , and trade secrets . The modern concept of intellectual property developed in England in
9555-512: The US), supplementary protection certificates for pharmaceutical products (after expiry of a patent protecting them), and database rights (in European law ). The term "industrial property" is sometimes used to refer to a large subset of intellectual property rights including patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications. A patent
9702-536: The US. The Berne International Copyright Convention of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989. In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the Copyright Act of 1790 , modeling it after
9849-499: The Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form." Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be "fixed in
9996-637: The United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain , so it could be used and built upon by others. In many jurisdictions of the European continent, comparable legal concepts to copyright did exist from the 16th century on but did change under Napoleonic rule into another legal concept: authors' rights or creator's right laws, from French: droits d'auteur and German Urheberrecht . In many modern-day publications
10143-467: The United States) but several jurisdictions incorporate infringement in criminal law also (for example, Argentina, China, France, Japan, Russia, South Korea). Copyright infringement is reproducing, distributing, displaying or performing a work , or to make derivative works , without permission from the copyright holder, which is typically a publisher or other business representing or assigned by
10290-520: The United States, Constitution (1787) authorized copyright legislation: "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." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as
10437-417: The aggressor through trade sanctions, has been proposed as a method to prevent future wars of aggression involving nuclear weapons , and has caused concern about stifling innovation by keeping patent information secret. Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder, i.e. from the patent owner. The scope of the patented invention or
10584-507: The aid of a machine or device". The Act defines "works of authorship" as any of the following: An eighth category, architectural works, was added in 1990. The wording of section 102 is significant mainly because it effectuated a major change in the mode of United States copyright protection. Under the last major statutory revision to U.S. copyright law, the Copyright Act of 1909, federal statutory copyright protection attached to original works only when those works were 1) published and 2) had
10731-468: The author unless it is expressly transferred. According to section 408 of the Act, registration of a work with the Copyright Office is not a prerequisite for copyright protection. The Act does, however, allow for registration, and gives the Copyright Office the power to promulgate the necessary forms. Aside from Copyright Office paperwork, the Act requires only that one copy, or two copies if
10878-518: The author's death". In addition, the Act created a static 75-year term (dated from the date of publication) for anonymous works, pseudonymous works, and works made for hire . The extension term for works copyrighted before 1978 that had not already entered the public domain was increased from 28 years to 47 years, giving a total term of 75 years. In 1998, the Copyright Term Extension Act further extended copyright protection to
11025-407: The authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why
11172-476: The authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights. Recently, as a part of the debates being held at the US Copyright Office on the question of inclusion of Moral Rights as a part of the framework of
11319-428: The body of knowledge and to stimulate innovation, it is an obligation for patent owners to disclose valuable information about their inventions to the public. A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only
11466-699: The calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. 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
11613-457: The concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist. Creator's law was enacted rather late in German speaking states and the economic historian Eckhard Höffner argues that the absence of possibilities to maintain copyright laws in all these states in the early 19th century, encouraged
11760-590: The controversy, the agreement has extensively incorporated intellectual property rights into the global trading system for the first time in 1995, and has prevailed as the most comprehensive agreement reached by the world. Intellectual property rights include patents , copyright , industrial design rights , trademarks , plant variety rights , trade dress , geographical indications , and in some jurisdictions trade secrets . There are also more specialized or derived varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in
11907-479: The convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988 . Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by
12054-604: The convention. This was a special provision that had been added at the time of 1971 revision of the convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989. The United States and most Latin American countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as all rights reserved ), and permitted signatory nations to limit
12201-479: The copyright holder is entitled to enforce their exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid
12348-579: The copyright holder reserves, or holds for their own use was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it. Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however. In 1989 the United States enacted the Berne Convention Implementation Act , amending
12495-476: The cost of copyright registration is referred to as the poor man's copyright . It proposes that the creator send the work to themself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration. The United Kingdom Intellectual Property Office discusses
12642-405: The creator dies, depending on the jurisdiction . Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the public domain . The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. It
12789-444: The data. The WIPO treaty and several related international agreements underline that the protection of intellectual property rights is essential to maintaining economic growth. The WIPO Intellectual Property Handbook gives two reasons for intellectual property laws: One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second
12936-491: The design of a building) that signify the source of the product to consumers. A trade secret is a formula , practice, process, design , instrument, pattern , or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers. There is no formal government protection granted; each business must take measures to guard its own trade secrets (e.g., Formula of its soft drinks
13083-416: The duplication was coincidental, and neither was copied from the other. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file),
13230-519: The duration of copyrights to shorter and renewable terms. The Universal Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the Soviet Union and developing nations. The regulations of the Berne Convention are incorporated into the World Trade Organization 's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application. In 1961,
13377-416: The duration of the author's life plus 70 years for general copyrights and to 95 years from date of publication or 120 years from date of creation, whichever comes first, for works made for hire. Works copyrighted before 1978 have a duration of protection that depends on a variety of factors. Section 204 of the Act governs the transfer of ownership of copyrights. The section requires a copyright holder to sign
13524-520: The end of Elizabeth's reign, however, a patent represents a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention. demonstrating the evolution of patents from royal prerogative to common-law doctrine. The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown , in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property,
13671-414: The evaluation of propagating material of the variety is considered. A trademark is a recognizable sign , design or expression that distinguishes a particular trader's products or services from similar products or services of other traders. Trade dress is a legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging (or even
13818-510: The exclusive right to their respective writings and discoveries. ' " "Some commentators, such as David Levine and Michele Boldrin , dispute this justification. In 2013, the United States Patent and Trademark Office approximated that the worth of intellectual property to the U.S. economy is more than US$ 5 trillion and creates employment for an estimated 18 million American people. The value of intellectual property
13965-689: The exogenous differential introduction of author's right (Italian: diritto d’autore ) in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability". The 1886 Berne Convention first established recognition of authors' rights among sovereign nations , rather than merely bilaterally. Under the Berne Convention, protective rights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" these protective rights in countries adhering to
14112-423: The extent of protection is defined in the claims of the granted patent. There is safe harbor in many jurisdictions to use a patented invention for research. This safe harbor does not exist in the US unless the research is done for purely philosophical purposes, or to gather data to prepare an application for regulatory approval of a drug. In general, patent infringement cases are handled under civil law (e.g., in
14259-408: The fair use of a copyrighted work is not copyright infringement, even if such use technically violates section 106. While fair use explicitly applies to use of copyrighted work for criticism, news reporting, teaching , scholarship , or research purposes, the defense is not limited to these areas. The Act gives four factors to be considered to determine whether a particular use is a fair use: The Act
14406-411: The form in which it is described, explained, illustrated, or embodied in such work." There are separate copyright protections for musical compositions and sound recordings. Composition copyright includes lyrics and unless self-published, is usually transferred under the terms of a publishing contract. Many record companies will also require that sound recording copyright be transferred to them as part of
14553-429: The form or manner in which they are expressed. An industrial design right (sometimes called "design right" or design patent ) protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be
14700-416: The form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough not to be judged copies of Disney's. Typically,
14847-751: The full social value of their inventions". This absolute protection or full value view treats intellectual property as another type of "real" property, typically adopting its law and rhetoric. Other recent developments in intellectual property law, such as the America Invents Act , stress international harmonization. Recently there has also been much debate over the desirability of using intellectual property rights to protect cultural heritage, including intangible ones, as well as over risks of commodification derived from this possibility. The issue still remains open in legal scholarship. These exclusive rights allow intellectual property owners to benefit from
14994-688: The global IP regime advocates for greater policy flexibility and greater access to knowledge, especially for developing countries." Indeed, with the Development Agenda adopted by WIPO in 2007, a set of 45 recommendations to adjust WIPO's activities to the specific needs of developing countries and aim to reduce distortions especially on issues such as patients' access to medicines, Internet users' access to information, farmers' access to seeds, programmers' access to source codes or students' access to scientific articles. However, this paradigm shift has not yet manifested itself in concrete legal reforms at
15141-504: The holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as
15288-581: The incomes of many academics. Printing brought profound social changes . The rise in literacy across Europe led to a dramatic increase in the demand for reading matter. Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German-language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success. The concept of copyright first developed in England . In reaction to
15435-399: The intent to maximize litigation to the benefit of the legal industry, and gives too much power and protection to the copyright holder while weakening fair use. Critics of the Copyright Act say that Pandora will never be profitable if something does not change because "services like Pandora already pay over 60 percent of their revenue in licensing fees while others pay far less for delivering
15582-535: The international level. Similarly, it is based on these background that the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement requires members of the WTO to set minimum standards of legal protection, but its objective to have a "one-fits-all" protection law on Intellectual Property has been viewed with controversies regarding differences in the development level of countries. Despite
15729-460: The labors of the mind, productions and interests are as much a man's own ... as the wheat he cultivates, or the flocks he rears." The statement that "discoveries are ... property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him
15876-415: The law of a certain state do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent. Typically, the public law duration of a copyright expires 50 to 100 years after
16023-486: The legally recognised rights and interests of others. Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with
16170-427: The likelihood of a defense of "innocent infringement" being successful. In the UK, the publisher of a work automatically owns the copyright in the "typographical arrangement of a published work", i.e. its layout and general appearance as a published work. This copyright lasts for 25 years after the end of the year in which the edition containing that arrangement was first published. Copyrights are generally enforced by
16317-611: The moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world. The Berne Convention, in Article 6bis, requires its members to grant authors the following rights: These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors' economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with
16464-424: The owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work, and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to
16611-601: The potential to increase sales. According to the IP Commission Report the annual cost of intellectual property infringement to the US economy "continues to exceed $ 225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $ 600 billion." A 2019 study sponsored by the US Chamber of Commerce Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs
16758-453: The principle of Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century. In 500 BCE, the government of the Greek state of Sybaris offered one year's patent "to all who should discover any new refinement in luxury". According to Jean-Frédéric Morin, "the global intellectual property regime is currently in the midst of
16905-853: The printing of "scandalous books and pamphlets", the English Parliament passed the Licensing of the Press Act 1662 , which required all intended publications to be registered with the government-approved Stationers' Company , giving the Stationers the right to regulate what material could be printed. The Statute of Anne , enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act of 1814 extended more rights for authors but did not protect British from reprinting in
17052-612: The property they have created, providing a financial incentive for the creation of an investment in intellectual property, and, in case of patents, pay associated research and development costs. In the United States Article ;I Section 8 Clause 8 of the Constitution, commonly called the Patent and Copyright Clause, reads; "The Congress shall have power 'To promote the progress of science and useful arts, by securing for limited times to authors and inventors
17199-583: The protection of intellectual property is essentially a moral issue. The belief is that the human mind itself is the source of wealth and survival and that all property at its base is intellectual property. To violate intellectual property is therefore no different morally than violating other property rights which compromises the very processes of survival and therefore constitutes an immoral act. Violation of intellectual property rights, called "infringement" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be
17346-438: The publishing of low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century. After the introduction of creator's rights, German publishers started to follow English customs, in issuing only expensive book editions for wealthy customers. Empirical evidence derived from
17493-656: The requirements of the TRIPS Agreement. Criticism of the term intellectual property ranges from discussing its vagueness and abstract overreach to direct contention to the semantic validity of using words like property and rights in fashions that contradict practice and law. Many detractors think this term specially serves the doctrinal agenda of parties opposing reform in the public interest or otherwise abusing related legislations, and that it disallows intelligent discussion about specific and often unrelated aspects of copyright, patents, trademarks, etc. Free Software Foundation founder Richard Stallman argues that, although
17640-479: The right to perform a sound recording by means of digital audio. Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this common law doctrine with little modification. Under section 107,
17787-527: The same service. As a result, services like Pandora have been unable to see profitability and sustainability is already in question." An increase in subscription fees would likely be an end to Pandora's business. The termination right clause only started taking effect in 2013, with notably Victor Willis terminating rights on the songs he had written for The Village People . A lawsuit resulted from this action Scorpio Music, et al. v. Willis in 2012 (after Willis had filed notice of termination to Scorpio Music ,
17934-597: The statute. Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act . Television , motion pictures , sound recordings , and radio were cited as examples. The Act was designed in part to address intellectual property questions raised by these new forms of communication. Barbara Ringer , who later became US Register of Copyrights in 1973, began taking an active role in advocating for and drafting
18081-435: The storage medium. The equivalent for digital online content is a paywall . The introduction of the photocopier , cassette tape , and videotape made it easier for consumers to copy materials like books and music, but each time a copy was made, it lost some fidelity. Digital media like text, audio, video, and software (even when stored on physical media like compact discs and DVDs ) can be copied losslessly, and shared on
18228-715: The strengthening of the IP system and subsequent economic growth." According to Article 27 of the Universal Declaration of Human Rights , "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author". Although the relationship between intellectual property and human rights is complex, there are moral arguments for intellectual property. The arguments that justify intellectual property fall into three major categories. Personality theorists believe intellectual property
18375-406: The technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original or establish who created the work. The Berne Convention allows member countries to decide whether creative works must be "fixed" to enjoy copyright. Article 2, Section 2 of the Berne Convention states: "It shall be a matter for legislation in the countries of
18522-462: The term intellectual property is in wide use, it should be rejected altogether, because it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion". He claims that the term "operates as a catch-all to lump together disparate laws [which] originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues" and that it creates
18669-430: The term "intellectual monopoly" as a more appropriate and clear definition of the concept, which, they argue, is very dissimilar from property rights. They further argued that "stronger patents do little or nothing to encourage innovation", mainly explained by its tendency to create market monopolies, thereby restricting further innovations and technology transfer. 1976 Copyright Act The Copyright Act of 1976
18816-463: The term intellectual property in their new combined title, the United International Bureaux for the Protection of Intellectual Property . The organization subsequently relocated to Geneva in 1960 and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations . According to legal scholar Mark Lemley , it
18963-464: The term of subsisting copyrights was that "royalties will be paid to widows and heirs for an extra 19 years for such about-to-expire copyrights as those on Sherwood Anderson 's Winesburg, Ohio ". The other intent of the extension was to protect authors' rights "for life plus 50 years—the most common term internationally and the one Twain fought for in his lifetime". Further extensions of both term and scope had been desired by some, as outlined in
19110-399: The terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ. Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for. The law is automatically connecting an original work as intellectual property to its creator. Although
19257-573: The terms of an album release, however the owner of the composition copyright is not always the same as the owner of the sound recording copyright. Section 106 granted five exclusive rights to copyright holders, all of which are subject to the remaining sections in chapter 1 (currently, sections 107–122): A sixth exclusive right was later included in 1995 by the Digital Performance Right in Sound Recordings Act :
19404-403: The theft or misappropriation of a trade secret a federal crime. This law contains two provisions criminalizing two sorts of activity. The first, 18 U.S.C. § 1831(a) , criminalizes the theft of trade secrets to benefit foreign powers. The second, 18 U.S.C. § 1832 , criminalizes their theft for commercial or economic purposes. (The statutory penalties are different for
19551-413: The time, the law was considered to be a fair compromise between publishers' and authors' rights. Barbara Ringer called the new law "a balanced compromise that comes down on the authors' and creators' side in almost every instance." The law was almost exclusively discussed in publishers' and librarians' journals, with little discussion in the mainstream press. The claimed advantage of the law's extension of
19698-431: The two offenses.) In Commonwealth common law jurisdictions, confidentiality and trade secrets are regarded as an equitable right rather than a property right but penalties for theft are roughly the same as in the United States. The international governance of IP involves multiple overlapping institutions and forums. There is no overall rule-making body. One of the most important aspects of global IP governance
19845-453: The use of technology to copy works in the nations that ratified it. The Trans-Pacific Partnership includes intellectual property provisions relating to copyright. Copyright laws and authors' right laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as
19992-458: The use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights. With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have
20139-542: The value of large businesses in the United States can be traced to intangible assets. "IP-intensive industries" are estimated to generate 72% more value added (price minus material cost) per employee than "non-IP-intensive industries". A joint research project of the WIPO and the United Nations University measuring the impact of IP systems on six Asian countries found "a positive correlation between
20286-477: The value of the original work was not apparent at the time or creation. This protection only applies to works made after 1978, and does not apply to works made for hire. The law requires the creator to issue notice of termination at least 2 years prior to the 35-year date giving the rights holder time to prepare. One of the functions of the Copyright Royalty Judges defined by the Copyright Act
20433-407: The work has been published, be deposited with the Office to accomplish registration. Though registration is not required for copyright protection to attach to a work, section 411 of the Act does require registration before a copyright infringement action by the creator of the work can proceed. Even if registration is denied, however, an infringement action can continue if the creator of the work joins
20580-445: The work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter P inside a circle, Unicode U+2117 ℗ SOUND RECORDING COPYRIGHT ), which indicates a sound recording copyright, with the letter P indicating a " phonorecord ". In addition, the phrase All rights reserved which indicates that
20727-449: The work's creator. It is often called "piracy". In the United States, while copyright is created the instant a work is fixed, generally the copyright holder can only get money damages if the owner registers the copyright. Enforcement of copyright is generally the responsibility of the copyright holder. The ACTA trade agreement , signed in May 2011 by the United States, Japan, Switzerland, and
20874-435: Was associated with a common law and rooted in the civil law system. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re- set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented
21021-414: Was later amended to extend the fair use defense to unpublished works. Previous copyright law set the duration of copyright protection at 28 years with a possibility of a 28 year extension, for a total maximum term of 56 years. The 1976 Act, however, substantially increased the term of protection. Section 302 of the Act extended protection to "a term consisting of the life of the author and fifty years after
21168-448: Was limited in time and scope. This is mainly as a result of knowledge being traditionally viewed as a public good, in order to allow its extensive dissemination and improvement. The concept's origin can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist—notably
21315-522: Was only at this point that the term really began to be used in the United States (which had not been a party to the Berne Convention), and it did not enter popular usage there until passage of the Bayh–Dole Act in 1980. The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558–1603) for monopoly privileges. Approximately 200 years after
21462-661: Was used as a heading title in a collection of essays. The German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property ( Schutz des geistigen Eigentums ) to the confederation. When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they located in Berne, and also adopted
21609-523: Was useful. By and large, these principles still remain the basic principles of current patent laws. The Statute of Monopolies (1624) and the British Statute of Anne (1710) are seen as the origins of the current patent law and copyright respectively, firmly establishing the concept of intellectual property. "Literary property" was the term predominantly used in the British legal debates of
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