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Copyright Protection

If you're a writer, the issue of copyright will be an important one to you. This section offers some background information on copyright and protecting your work from copyright infringement, covering the following topics:

Copyright law and its history

The modern concept of copyright can be traced back to 1710 and the "Statute of Anne", which applied to England, Scotland, and Wales. Prior to this Act, governments had granted monopoly rights to publishers to produce works, but the 1710 Act was the first time that a right of ownership was acknowledged for the actual creator of a work.

From the outset, the attempt to protect the creator's rights was beset with problems due to the local nature of the laws, which applied in Britain only. This meant that lots of copyrighted works were reproduced without the permission of the author in Ireland, America, and in European countries. This not only hindered the ability of the London publishers to sell their legitimate copies of their books in these territories, but the unauthorised reproductions would also find their way into Britain, harming the home market as well.

A natural progression for copyright law was therefore its internationalisation, beginning in 1846 with a reciprocal agreement between Britain and Prussia, and culminating in a series of international treaties, the principal of which is the Berne Convention, which applies to over 170 countries.

Traditionally in the United Kingdom and the United States there has been a requirement to register a work with an official body in order to be able to claim copyright over it (Stationers Hall and the US Library of Congress respectively), however this has been changed by the Berne Convention, which requires signatory countries to grant copyright as an automatic right: i.e. the creator of a work immediately owns its copyright by virtue of creating it and recording it in some physical way (for instance by writing it down or making a recording of it, etc.). The United Kingdom and the United States have both been slow to fully adopt this approach. Though the United Kingdom signed the Berne Convention in 1887, it took 100 years for it to be fully implemented by the Copyright Designs and Patents Act 1988. The United States did not even sign the convention until 1989.

In the United States the US Library of Congress continues to provide archiving services for the purposes of copyright protection, but these are now optional. US citizens no longer need to register their work in order to be able to claim copyright over it. It is necessary, however, to be able to prove when the person who created it did so, and this is essentially the purpose of the registration today. In the United Kingdom, Stationers Hall has ceased to exist, and there is no longer any state-run means of registering the copyright to unpublished works, leaving the only available options as independent and/or international solutions such as the copyright registration service provided by the IP Rights Office.

Disclaimer

While every effort is made to ensure that the information on this site is correct and accurate, please remember that it refers to general principals rather than specific laws of specific countries, and you should not rely on it for legal purposes. Always check with a qualified lawyer to confirm the situation in your own country.

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