British copyright law

下面为大家整理一篇优秀的assignment代写范文- British copyright law，供大家参考学习，这篇论文讨论了英国的版权法。近代英国是推行版权制度的成功典范，同时它也是现代版权制度的发祥地。英国版权制度的形成经历了一个由封建特许权向资本主义财产权嬗变的历史过程。在18到19世纪中期的英国，重商主义政策为知识产权立法提供了重要的思想基础。《安妮女王法》鼓励新技术发明及其应用，版权的目的不是形成知识垄断，而是通过暂时的“垄断权”实现对作者权利保护和公共利益保护的平衡。

Copyright system is the product of science and technology, and expands with the development of technology, this article through to the copyright system in the history of acting, in historical context, draw the outline of the rights under the impetus of the technology development, the basic concept of copyright, the creation theory, the evolution process, in order to obtain the basic theory of copyright history, in order to provide some reference for our country's copyright practice.

In 1483, not long after the introduction of movable type in Britain, king Charles iii of England issued a decree encouraging the printing and import of books, with no intention of prohibiting the random reproduction. It can be seen that there was no real need to protect the right to reprint. Fifty years later, things have changed dramatically. In 1534, Britain abolished the freedom to import books. Meanwhile, for the first time, British publishers were granted a royal licence to ban foreign publications from Britain in order to corner the British book market. In 1556, the freedom to print books was abolished. Mary I, the king of England who persecuted protestants at that time, in order to control public opinion, issued the star court act, which approved the establishment of the king's Stationer's Company and regulated that all books must be registered with the Company before publication. Non-members of the company are not entitled to engage in printing and publishing activities. Those who violate this law will be punished by the star court. In the 80 years from 1556 to 1637, four star court laws were enacted in Britain, which granted publishing companies the privilege of printing and restricted the free printing of books.

1709 the British parliament passed the Anna act, the world's first copyright law. The name Anna act was only later given to queen Anna of England, who was then in power, for convenience, not the original name of the act. The original name of the law is very long, which translates into Chinese from the meaning of the law, namely "law on granting rights to authors and purchasers of printed books for a certain period of time in order to encourage the creation of knowledge". As can be seen from the content of this law, "purchasers" here refer to people who have purchased certain intangible property rights from the author, namely printers and booksellers, rather than ordinary book purchasers.

In the preamble to the Anna act, it was clearly stated that the main purpose of promulgation of the act was to prevent printers from printing, reproducing or publishing the works of authors without the consent of the authors, so as to encourage knowledgeable and knowledgeable persons to edit or write useful works. In article 1 of the text of the law, it is also pointed out that the author is the first person who should enjoy the intangible property right in the work. The law sets out the different exclusive rights enjoyed by print publishers or booksellers and authors; A printing publisher or bookseller shall, in accordance with law, have the exclusive right to reprint, publish or sell the books printed and distributed by them; The author shall have the exclusive right to reprint a printed book; For works created but not yet printed, they also have the exclusive right to agree or prohibit others from "printing and publishing", that is, the right to "print".

Scholars of intellectual property law in Europe and the United States generally believe that it is a leap forward for Anna law and a prominent symbol of the modernization of the concept of copyright to change from the main protection of printing publishers to the main protection of authors. However, apart from article 1, which stipulates that the author has the right to decide whether to publish his or her own work, Anna law lays emphasis on safeguarding the economic rights of the author and other right holders, and does not emphasize the protection of the author's spiritual rights. At the same time, "Anna law" from the title to the content, still regard "printing" as the basis of copyright, the right to reprint as a primary copyright. This feature is still evident in the copyright laws of some western countries more than 100 years later, and has deeply influenced the copyright laws of these countries.

If the whole 18th century is the immature development stage of the copyright system in the process of its growth and in the judicial practice of constantly encountering problems and solving problems, is the formation and development stage of the concept and form of the law itself, then the first half of the 19th century is the stage of the copyright system tends to improve. Starting from the industrial revolution in the late 18th century, petitions in the book industry, and the awakening and manifestation of authors' awareness of rights are external factors for the development of the copyright system. It is with these external factors that the copyright system develops and improves rapidly. After queen Anne's law, Britain promulgated three copyright laws in 1801, 1814 and 1842 respectively, which all made detailed provisions on the term of protection of authors. In order to encourage academic development, the United Kingdom of Great Britain and Ireland passed the Copyright Act of 1801 protecting the copyright of copies and printed books of such kind owned by the author or the assignee referred to herein. The legislation extended the protection of the statute of Anne of 1710 and for the first time used the word "copyright" in its provisions. The act is a supplement to the queen Anne act, which seeks to balance various interest groups to encourage academic development by protecting copies of the works of authors or their transferees and the copyright of printed books

By contrast, the Copyright Act of 1814, which replaced the Anne act of 1710, provides 28 years' protection from publication for the copyright of a literary work, but "if the author is still alive at the end of this protection, the protection of the work shall continue until the end of the life of the author." The legislation in this period not only extended the term of protection of authors' rights, but also made the concept of "copyright" separate from patents and trademarks and become an independent legal department. The early 19th century was a crucial period in the development of intellectual property protection by English law. It witnessed not only the beginning of administrative and legal reform of patent law, the birth of the first modern system of registration of intangible property, and the movement of specific laws to a more abstract category of law, but also the emergence, or more precisely, the concretization, of this independent branch of law known as copyright law.

With the development of economy, the author gradually breaks away from the bondage of sponsors and lives on the royalty of readers, which puts the author's expression in a public domain and enables him to express his ideas freely. In any creative activity, the author should draw lessons from the thoughts of predecessors when developing his own thoughts. The concept of individual and heroic author in copyright creation is utopian and unrealistic. This process starts from the existing data, which includes the author's own experience and the stories, values, concepts and so on that the author can obtain, all of which are in a social and cultural background. Therefore, the process of creation is both creative and giving.

Under Britain's 1956 Copyright Act, all "works" were divided into two parts. The first category is considered to be the direct result of the author's work. Literary works, art works, etc., fall into one of the categories. The second category is considered to be the "product" of a work of communication, which includes films, radio programmes, sound recordings, typography and typographic arrangements, etc. British and western intellectual property law scholars believe that this classification of British copyright law is essentially equivalent to the division of copyright and copyright adjacent rights. The current copyright laws in Australia, New Zealand and Singapore, similar to those in the UK in 1956, also divide works into these two categories. This belongs to a broader category in the generalized adjacency right. It is just that two countries in Oceania and Singapore do not have the same kind of performance rights protection laws as the UK. Therefore, although these three countries have a wide range of neighboring rights, they just lack the most fundamental performers' rights.

Modern Britain is a successful example of the copyright system. It is the birthplace of modern copyright system and the source of European industrial revolution. The formation of British copyright system experienced a historical process from feudal concession to capitalist property right. The 1710 act moved the official venue for regulating the trade in books from publishers' associations and guilds to public courts. It also meant that copyright was transferred from a privilege to a private right. In Britain from the 18th to the mid-19th century, mercantilist policies provided an important ideological basis for intellectual property legislation. The queen Anne act encourages the invention and application of new technologies. The purpose of copyright is not to form a monopoly of knowledge, but to achieve a balance between the protection of authors' rights and the protection of public interests through a temporary "monopoly right". The development history of British copyright tells us that under the local culture, it is most appropriate for a country to protect intellectual property rights according to its own reality and development needs.

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