The history of copyright

"For him that doth ill and doth sin with this book, in retribution for what he has done, I send this curse, and for him that would alter this book: may he be annihilated by leprosy, and may his name be erased from the book of the living and may he join the Devil for all Eternity."

13th century book curse adapted from Eike von Repgow, «Sachsenspiegel.»

In the Middle Ages when books were copied by hand, it was enough for authors to insert a written curse against unauthorized use of their works. With the invention of the printing press, however, literary works could suddenly be copied in larger numbers. This great contribution towards spreading literacy and knowledge meant that it was no longer the exclusive reserve of a small elite. At the same time, more and more copies appeared. To protect the original author, authorities created printing privileges for a specific geographical area and time period. These privileges, however, were primarily for the printers, not the authors; i.e., they were considered rights to copy, not rights for the author.

The origin of intellectual property

The idea of protecting artists’ work first became recognized during the age of Enlightenment when a theory of intellectual property was born. The theory maintained that those who created intellectual work have just as much a right of ownership to the products of their intellect as craftsmen have to their products. It also recognized an idealized relationship between the author and his work, thus creating what is referred to as a moral right (droit moral).

By the beginning of the 19th century, national regulation of intellectual property existed in countries such as England, France and Prussia. In Switzerland, however, the idea met with opposition from the cantons because trade in unlicensed works with neighboring countries was a profitable business. This stopped in 1883 when the first national copyright legislation was passed.

Copyright: a balancing act

Society has multifaceted, and at times contradictory, expectations for copyright. Authors and producers basically demand comprehensive, exclusive rights to secure their livelihood, business and investment. At the same time, users and consumers want the most open and cost-effective access to content possible. But users can also be authors, for instance of creative or scientific works, and might need to refer to existing works within the context of their own work. Thus, it becomes a circle.

Only a well-balanced copyright law can meet these diverse needs. The current copyright act from 1992 managed this split, for example with the exception for classroom use which allowed the copying of works for school but at the same time made provisions for the copyright holder to be remunerated.

Copyright and technological developments

Technological developments are always creating new possibilities for production and use. What started with the printing press in the 15th century has continued into the 21st century, from the invention of radio and television to the establishment of the internet. The market for mass consumption of content has been built up step by step. Today, this market makes up an important part of the cultural and entertainment enterprise in Switzerland where more than 80,000 people are employed at an annual turnover of about 17 billion Swiss francs. This is a considerable portion of the Swiss economy.

As the internet, digital radio and television, and cellular telephone technology (think of all the online services or ringtones available) continue to spread, this market will become increasingly influential. Legislation needs to keep up with developments.