Finding copyright theory's future in its past: two books by Ronan Deazley

Abstract

Copyright's history is one of continual expansion of the copyright-based industries and the laws on which they depend. Recently, they have grown exponentially in their economic and political importance and their impact on our daily lives. Copyright in the English-speaking world1 from the Statute of Anne in 17102 to today's statutes and treaties reflects this seemingly unending expansion of the rights of copyright holders. From a simple parliamentary grant of a right to exclusively print and reprint books for a maximum period of 28 years,3 copyright has grown almost beyond recognition. Copyright protection now encompasses not only books and printed material, but also music, drama, works of visual art (painting, sculpture, photography, etc.), audiovisual works (film, television, computer games), dance, databases, computer programs, architectural works, and recorded performances, to name only some of the works now included under the rubric of copyright and its neighbouring rights. The minimum duration of copyright protection under the Berne Convention4 is now the life of the author plus 50 years,5 and under the European Union's harmonization directive, the life of the author plus 70 years.6 The exclusive grant to the copyright holder has increased from merely printing and reprinting a book to include rights of adaptation, performance, and recording, and, in some cases a rental right and a right to control importation of legitimate copies. In addition to such original remedies as actions for damages and injunctive relief to stop further infringement, the copyright holder now can employ technological measures to encrypt their works and defeat copying with severe civil and criminal penalties levied against anyone who seeks to circumvent these restraints.7