Today I wanted to talk about the very first government regulation on Copyright. This was known as the Statute of Anne, the Copyright Act of 1709, or the long version, 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. I really like the long title, because it reiterates the ultimate purpose of protecting copyright, which is Encouraging Learning.

Before the Statute of Anne, the government had no regulation on copyright protection. In 1662, a law was passed to regulate copying printed materials, and it was called the Licensing of the Press Act. This was not a government regulation, it was a means for a private Company to enforce any restrictions against unlawful copiers. The Company was a guild of printers called the Stationer’s Company, who had the exclusive right to print and to censor any infringing or stolen printed works.

Many writers felt as if the Stationer’s Company had stolen their right to protect their works. If the Company was not interested in protecting your work or did not agree that the copying was infringing, then the Company would not enforce the protection. Authors hated this law and actively tried to repeal it and avoid its renewal.

Then in 1710, while Anne was Queen of England, Parliament passed an act that place the right of protection in the author. The preamble of the Act states that some writers, printers, booksellers have taken the liberty of copying someone’s writings without their consent, to their detriment, which causes the ruin of the author and their families. It also states that the object of the act is to stop such practices for the future, and to encourage learned men to compose and write more useful books and literature.

The Statute of Anne provided an author with a 14 year period of protection, which only the author could renew for another 14 year period. This term protection would expire after the second protection period or if the author failed to renew the first and the work would fall into public domain. This seems like a very weak protection compare to today’s system that protects the work for the life of the author, plus 70 years.

However, today’s system of “life plus 70” is made to protect the author for their life and to protect their heirs and inheritance receivers. Let’s be honest though, 70 years after death is enough time to maintain the protection passed the author’s grandchildren. In my opinion, because of this over-protection after the author’s death, the U.S. has a very weak public domain system.

Many works have copyright protection, even though there is no author or heir to enforce the protection and claim infringement against a copier. This is called an orphan work, which is exactly what it sounds like, there is no guardian to protect the copyright. These types of work should be public domain, however, because of the system, these works are still considered infringing even though no one makes the claim against the copier.

The current system does not automatically place things in public domain unless the copyright expires decades after the author did.  Usually, there is an argument and a trial to determine whether the infringer took from a protected work or whether the work could be public domain. Which means without a complaint, nothing is done.

Back to the Statute of Anne in 1710, works were automatically placed in public domain at the end of the term. Authors could choose to renew and could have 14-28 years of protection.  With the survival rate of the time, was probably very close to life plus a little heir protection. The author had protection for 14 years and could renew it before their death.  The protection would continue for 14 more years, which is enough time to maintain a small living for the author’s children, at least until they made their own works.

This means that orphan works that have no one to enforce its protection, would only last one term and then fall into public domain without a trial or legal act. Public domain should be the only reason to protect creativity. To Encourage Learning means to protect the ones who discover and create, so they will discover and create more, then give their benefits to the public.