The history of copyright and their future before the Internet Revolution
Professor Fernando Miró in his article develops a wide analysis of the chronological order in which intellectual property arises as the protection of copyright, but in the beginning it was not recognized and over time he was gaining field within social needs, especially of the authors in their desire that both their moral and patrimonial rights over their creation are recognized, therefore the method that will be used will be the deductive for the realization of this essay, since we will start from the generality of history, to trigger in the last events that consolidate intellectual property.
Within this article we can show the different changes throughout history in which the author gains more and more empowerment in the face of his creations and is the main beneficiary of his intellectual production, although initially it was not significantly, it is veryImportant the birth of interest in protecting literary, artistic and scientific creations since they also ensure the development of societies and their ability to access knowledge.
Throughout history there is a great discussion of the protection of the rights of the authors since the individual law is opposed to the collective, access to information marks a great interest in society, the author seeks to protect their rightsindividual about their works, and the community seeks to access them in an easy and low cost.
Later, with the appearance of new technological tools such as the Internet, this information could not be easily accessed in previous times, we can now access different works and articles in seconds and without the need to make a payment for it, the presentHe has imposed new facilities, but there is born the questioning if the rights of the authors are directly threatened by this technological era.
In its first beginnings intellectual property was not visible as a need for rights protection, but we have a historical background of it, in ancient Greece the first works of creativity and intellectual work are recognized, the year 330 to.C is a benchmark in which an Athenian law arises where I order that exact copies of the original classics be deposited, these were manuscript in a manuscript and that represented high costs.
Another inconvenience within this era is that there were few copies, since the number of people who knew how to read and write were limited, not everyone could acquire these copies, which makes a legal interest to protect a right, inRome within its legal system, as regards civil rights, a specific right was not contemplated in terms of the production of literary works, it is not differentiated between a literary work and any other object of conventional trade.
The commercialization of these works was given as the sale of any object of trade, it was only a contract of purchase and sale, the author lost all rights over the thing and who bought it could reproduce it as many times as they wanted, although in Rome not in RomeThere was no established right over the works already conceived a moral right of creation.
In the Middle Ages there is no radical change in the recognition of copyright, since the work was under the control of monasteries and this established that it was impossible to generate an economic benefit at the expense of intellectual production, muchLess of the recognition of its authorship since the glory that meant being the author was renounced, at that time almost all of the intellectual creation was under the management of the Church, this period was much less conducive than that of Rome to generateA copyright protection.
The universities radically change the condition that the Church had raised, with the universities the culture is expanded little by little throughout Europe, several classics begin to recover and the manual copy is resumed to multiply several copies, however, this eraNor is it an emergence of intellectual property, since it would only be possible with technical changes, that is, a printing press.
Álvarez, Salazar and Padilla (2014) say that: From John Locke the answer given to this problem is different. This author explains the property from the idea of effort, such as the consequent remuneration of man’s work to become the owner of the land and the things that are in nature. It is then a moral right4 property. Under the same logic, it is about explaining intellectual property as the fair remuneration of creators’ effort. This is a means to satisfy the common good through individual activity, but at present the scope of this thesis is not viable, since the shortage generated by the protection of mere effort under the orbit of a property right does not find -nor represents per se – a benefit for society.
In the Renaissance, the existence of the printing press was possible, which motivates several technological, economic, and social changes, this also forced the law to make progress to facilitate the birth of intellectual property rights, the printing press made possible the reproduction ofSeveral thousand copies at a low cost, which reflects a new economic reality. “It is not possible to determine precisely when the Middle Ages ended and a new era began in Europe. But there is no doubt that, if a technical discovery has marked the change of times, it has undoubtedly been the printing press ”(Cabrillo, 2017)
The printing industry also generated several privileges for a fewyears.
The privileges granted for editors were not in the same way for the authors, those who were seriously limited in their rights over the works product of their intellect, the authors did not have unlimited rights, they lasted for a short time, it is clear that the promotionOf these privileges were not aimed at protecting the rights of the authors, their purpose was to guarantee the printing industry and the economic benefits that it could generate.
In the mid -sixties, a controversy arose due to the nature and interest of the protection of printing privileges in Germany, the German doctrine had determined that privileges were aimed in the protection of the editor but not in the search for benefits for the author, in France and in Italy the author’s situation is almost the same since the privileges were directed for the editors, with the purpose of recovering everything they had invested, it can be assumed that in this way the copyright would be protected indirectly.
The appearance of the printing press not only achieves the great dissemination of works, with this comes the interest in controlling everything that was published since there were political and religious interests in between, in Spain it could only be published if the license of theKing to do so or be a person authorized by him, these norms prevented the flowering of the editorial industry and even several aspects of culture.
At the end of the 17th century the attention of the countries is focused much more on generating protection to the author’s rights, the recognition of copyright in France and England will be very different, promoting changes in legal development, which generates the divisionIn different systems of regulation between the relationship between the work and the author, it is so that the controversy is born in itself the intellectual property must be used for the protection of collective rights, or if it is aimed at the protection of an individual rightinalienable and that serves exclusively for a person.
In 1710 the "Statute of Queen Ana" was promulgated, which established the copyright for fourteen years since the author’s first publication or for those who had achieved the rights assigned by the author, if he was still alive, the right was prolonged for fourteenMore years, this is the first rule that is not a privilege but a law that regulates the exclusive copy right, this sought to encourage the production of art and several literary works and thus also the expansion of knowledge.
The Spanish and French regulations, reflected the idea that the author was the owner of the work, but the right was not consolidated in its entirety, in 1789 all privileges were abolished and with the decrees of 1791 and 1793 it is achieved that the authorHave exclusive rights of representation and production throughout their lives, even after their death their heirs would have limited rights over the works.
With these events, natural law takes strength, that is, individual freedom expires to the freedom of industry, and that is how the separation between the italo -germanic system and the Anglo -Saxon of Copyright is born, in most countries in continental EuropeThe French legal model, but is adapted differently in several countries.
The internationalization of intellectual property rights marks a very important point within its history, since it goes from ignorance to the recognition of rights to finally create an agreement between states to protect copyright in another country as if it were his own, this protection would be carried out through bilateral agreements, within several agreements we have as an example the Bern Convention.
Within all the above, the conclusion can be concluded that the chronological process that crosses the history of intellectual property is extremely important in the birth of the legal importance attributed to copyright, initially a moral right can be evidencedthat belongs to the author not having a legal protection, with technological advances in several stages of history, invisible rights are gaining strength, thus it is more than demonstrated that the emergence of rights is not out of nowhere and allThey cross a process that is driven by the needs of society.
At present, intellectual property has to face other challenges such as the emergence of the Internet whose mechanism has made access to information massive and many times this is exposed to its use without due recognition of the creator of said information,While the Internet has deeply facilitated the expansion of knowledge within the community at a low cost.
It could be thought that copyright are affected in this new environment since obtaining works and articles is now very easy and that encourages plagiarism, it should not be forgotten that we can all access valuable information thanks to the intellectual creation ofSeveral people and they should have their deserved recognition, at least respecting what its authorship represents, intellectual production must be encouraged since social development depends on it, although society is true to access knowledge, but we must not forgetThe importance of protecting intellectual property by adapting to new social paradigms that represents being in a purely technological society, which is why legal protection within this field is extremely necessary and must be adapted to the new requirements.
Bibliography
- Álvarez, d. F., Salazar, o. AND., And Padilla, J. C. (2015). Intellectual Property Theory. Fundamentals in philosophy, law and economy
- [Bookmark: _hlk43042581] Miró, F. (2007). The future of intellectual property since its past. The history of copyright and its future before the evolution of the Internet.
- Cabrillo, Francisco. (2017). Johannes Gutenberg and the art of printing.
- Dietz, a. (1991). Transformation into copyright. Change of paradigms in copyright?
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