History and Purpose of Intellectual Property Rights Jon

History and Purpose of Intellectual Property Rights Jon Bing Norwegian Research Center for Computers and Law Master lecture 4 September 2008 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)

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 • Founded 1403 • Royal Charter 1557 • 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 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)

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” Pulitzer’s strike NRCCL (University of Oslo, Faculty of Law)

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

Rudolph Dirks Hearst’s strike NRCCL (University of Oslo, Faculty of Law)

Harold Knerr NRCCL (University of Oslo, Faculty of Law)

Association Littéraire et Aristique International (ALAI) Bern Convention 1886 • 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)