History and Purpose of Intellectual Property Rights

Jon Bing Norwegian Research Center for Computers and Law Master lecture 30 August 2010

NRCCL (University of Oslo, Faculty of Law) Copyright and neighbouring rights

NRCCL (University of Oslo, Faculty of Law) Piazza Rotunda at the Pantheon

NRCCL (University of Oslo, Faculty of Law) Emerging Copyright

Ludivico Ariosto Orlando Furioso (1515) – plakett på Albergo del Sol, Piazza Rotunda, Roma

NRCCL (University of Oslo, Faculty of Law) Venice

NRCCL (University of Oslo, Faculty of Law) Copyright and human rights

The French Parliament decided in a decicion of 15 March 1586 that the French poet and researcher Marc-Antoine Muret’s writings should be controlled by his heirs.

NRCCL (University of Oslo, Faculty of Law) Stationers' Company

• Worshipful Company of Stationers and Newspaper Makers, London Livery Company • Founded1403 • Royal Charter1557 • Monopoly over the publishing industry and was officially responsible for setting and enforcing copyright regulations

NRCCL (University of Oslo, Faculty of Law) Statute of Queen Anne 1709 (or 1710)

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

NRCCL (University of Oslo, Faculty of Law) Friedrich Gottlob Keller - 1816 to 1895

NRCCL (University of Oslo, Faculty of Law) Steam engines and transport

NRCCL (University of Oslo, Faculty of Law) Rotary press 1874 (Chicago)

NRCCL (University of Oslo, Faculty of Law) Crimerian War 1853 -1856

Florence Nightingale, “the lady with the lamp”, in a temporary photograph

NRCCL (University of Oslo, Faculty of Law) Joseph Pulitzer

The New York World

NRCCL (University of Oslo, Faculty of Law) William Randolph Hearst

New York Journal

NRCCL (University of Oslo, Faculty of Law) RF Outcault “The Yellow Kid”

Richard Felton Outcault (1863-1928)

Pulitzer’s strike

NRCCL (University of Oslo, Faculty of Law) Max and Moritz 1865

Wilhelm Busch (1832 – 1908)

NRCCL (University of Oslo, Faculty of Law) Rudolph Dirks

Hearst’s strike NRCCL (University of Oslo, Faculty of Law) Harold H Knerr

NRCCL (University of Oslo, Faculty of Law) Association Littéraire et Aristique International (ALAI)

Bern Convention1886

• Minimum standards • Principle of national treatment • Limits for national exceptions • WTO

Victor Hugo

NRCCL (University of Oslo, Faculty of Law) Copyright notice

© The copyright notice has no direct legal effect

Copyright © [Year first publishing][Owner of copyright] Strict formalism – (C), but not (c) or [c] Formalism and registration US law

NRCCL (University of Oslo, Faculty of Law) World Intellectual Property Organisation (WIPO)

NRCCL (University of Oslo, Faculty of Law) Michael Keplinger

Deputy Director General of WIPO,

1970 ”The Case of the Invisble Copies”

NRCCL (University of Oslo, Faculty of Law) White-Smith Music Publishing Company v Apollo Company (109 US 1[1907])

Apollo pianola

NRCCL (University of Oslo, Faculty of Law) Musical work copyrighted by White-Smith Music Publishing

http://ccnmtl.columbia.edu/projects/

NRCCL (University of Oslo, Faculty of Law) What is a copy?

Various definitions have been given by the experts called in the case. The one which most commends itself to our judgment is perhaps as clear as can be made, and defines a copy of a musical composition to be “a written or printed record of it in intelligible notation.” It may be true that in a broad sense a mechanical instrument which reproduces a tune copies it; but this is a strained and artificial meaning.

NRCCL (University of Oslo, Faculty of Law) Judge Holmes, concurring

A musical composition is a rational collocation of sounds apart from concepts, reduced to a tangible expression from which the collocation can be reproduced either with or without continuous human intervention. On principle anything that mechanically reproduces that collocation of sounds ought to be held a copy, or if the statute is too narrow ought to be made so by a further act, except so far as some extraneous consideration of policy may oppose.

NRCCL (University of Oslo, Faculty of Law) Neighbouring rights (related rights)

• Performing artist rights • Phonogram producer rights • Movie producer rights • Broadcaster rights (signal rights) • Protection of news telegrams • Database protection

NRCCL (University of Oslo, Faculty of Law)