I could not find an online timeline maker, but here is mine, in chronological order.
561
St. Colmcille, who was
regarded as one of Ireland’s most well known patron saints, visited his
teacher’s house to borrow a book. It was a religious book, and Colmcille
created a handwritten copy of it. However, his teacher was not so pleased about
this because he considered it theft of his book, even though he still had his
own copy. He was so upset about it that he brought the case over to Diarmaid,
the High King of Ireland. The King sided with Finnian (the teacher) under the
principle that no man could copy another man’s property. The exact words used
were “to every cow belongs its calf, to every book, its copy”. Colmcille was
adamant that he should be allowed to copy the book, and so a battle ensued. The
king’s army was defeated and Colmcille won, meaning that he was allowed to keep
his copy of the book that he had made.
1710
Copyright law first comes
into existence in England. This occurred when British publishing companies
found out that competing companies in Ireland and Scotland were copying their authors’
manuscripts, reprinting them, and then selling them for lower prices. The
British publishers thought this was unfair because they felt that the works
belonged to them, and because these works had value, they should be sold for
what they are worth. In other words, groups who have no right to print them
should not be able to sell them for a lower price. The public sentiment of the
British was on the side of their own publishers. They thought that certain
piracy laws needed to be enacted in order to protect their publishers and
books. The laws that were drafted gave authors the sole right to make copies of
their work for fourteen years after the first copy was published. After that
period, their right would be relinquished, the work would enter the Public
Domain, and anyone would be free to make and sell copies of it. This gave the
publishing companies an economic incentive to keep publishing books. If anyone
could make copies, there would be no reason for anyone to buy books made by the
publishing company as opposed to any vendor who was selling them. It is
important to note that the period that the authors had the sole right to copy
their own books was only fourteen years. In modern times, one generation is
typically considered to be thirty years, so it is interesting how little time
these authors had the rights to their books. Perhaps it was because lifetimes
and generations were shorter in those days, or maybe the British government did
not realize that fourteen years was a short time until those years were up.
1791
The First Amendment to the
United States Constitution is adopted. It permits freedom of speech and freedom
of the press. This allows participatory cultures and virtual communities on the
Internet to develop and flourish in the form of forums, blogs, social networks,
apps, and fan sites.
1906
John Philip Sousa, one of
America’s favorite musical composers, went to the Library of Congress in
Washington to testify about America’s copyright laws. At the time, the
copyright system in the United States was relatively relaxed. Sousa wanted
Congress to fix what he considered to be a serious defect in the copyright
laws. Under the current rules, manufactures and vendors of phonograph records
could create and sell copies of Sousa’s records for their own profit. They
earned all of the money from the sale of these copies without having to pay him
a single cent. To him, this was a form of piracy. The copyrights on his work
gave him an exclusive right to control the public performance of his work, any
copies of sheet music for his work, and any documents created from his work.
Some of his income came from these copyrights as well. Sousa’s concerns were
not unreasonable, however. During the turn of the 20th century, many
new technologies emerged for creating and distributing music, such as the piano
and the phonograph. The significance of these new inventions was that the
average person, as long as they could afford these mechanisms, could easily
replicate Sousa’s songs in their own homes. In prior times, only members of the
elite had this privilege. The copyright laws at the time did not provide
guidelines for how replication of music through modern technology should be
handled. Sousa was not only concerned about music being replicated for free- he
was concerned about the quality of the music that would be played in public. He
was used to people singing songs rather than playing them, and he worried that
with the new technology, this art would be lost. As people learned how to play
these new instruments, most people would want to listen to a select few play
them rather than attempt to play or create new music of their own. He worried
that because of this, musical creativity would be lost and everyone would gather
to hear certain people play his songs on these instruments. Also, he would not
earn any money from these playings.
1928
The Walt Disney Company uses
synchronized sound in their Mickey Mouse cartoons. Technically, they took the
technology from the movie The Jazz Singer. Mickey Mouse himself was based off
of another character called Steamboat Willie. Many of Disney’s movies, which
came out in various later decades, took concepts and ideas from each other as
well.
1933-1954
In December 1933, Edwin Howard
Armstrong was issued four patents for frequency-modulated (FM) radio. Prior to
this, most Americans listened to amplitude-modulated (AM) radio. Armstrong
discovered that, in a wide band of spectrum, FM radio could produce an
astonishing sound. In November 1935, he demonstrated the new technology at a
meeting of the Institute of Radio Engineers in New York’s Empire State
Building. The audience was able to hear a broadcast from Yonkers, which is 17
miles away from the city. They were astonished that they could hear such clear
sound from so far away. There was an issue with Armstrong inventing this
technology, however. At the time he invented it, he was working for RCA, which
was the nation’s leading provider of AM radio. David Sarnoff, the CEO of RCA,
was originally excited about FM radio because he thought that Armstrong had
just invented a way to remove static from AM radio. However, when he found out
that Armstrong’s new technology had the potential to compete with AM radio, he
was very displeased. If RCA started losing customers to FM radio, not only
would they lose revenue; they would lose the virtual monopoly they had over the
industry. In other words, RCA believed that they had the “right” to the
industry, and they were mad that someone “copied” or created a variation of AM
radio. They eventually got the government involved, and in 1936, the FCC began
to “castrate” FM radio. FM could no longer be broadcast from one part of the
nation to another. Armstrong, in defense of his technology, resisted RCA’s efforts.
In response, RCA resisted his patents. Although they incorporated FM technology
into television, they declared his patents for the technology to be invalid.
They refused to pay him royalties, and Armstrong fought in the courts in
defense of his patents for six years. In the early 1950s, his patents expired,
and RCA offered him a settlement so low that it did not even cover his lawyers’
fees. Defeated and broke, Armstrong jumped to his death in 1954.
1945
Two North Carolina farmers,
Thomas Lee and Tinie Causby, became angry when their chickens started dying
because they were afraid of the airplanes flying over their property. The
question that arose in the Supreme Court was this- did the farmers have a right
to the air space above their land? Could they restrict airplanes from flying
over their farm? The answer, to both questions, was no: the air is a public
space, and they only had the right to the land, not the space above it.
1995
In the Supreme Court case McIntyre
Vs. Ohio Elections Commission, which protected the right to engage in anonymous
political leafleting, the Court said “an author’s decision to remain anonymous,
like other decisions concerning omissions or additions to the content of a
publication, is an aspect of the freedom of speech protected by the First
Amendment”. This means that the Court believes that authors of content have a
right to privacy in the sense that they can remain anonymous in their
publications.
1997
In the Supreme Court case
Reno vs. ACLU, the Court described the Internet as a “new marketplace of ideas”
in defense of striking down a federal law that regulated sexually explicit
content on the Internet, which was still emerging at the time. This may seem
surprising, considering that the material is deemed inappropriate by most, but
the Court believed that people had the freedom to spread their ideas on the
Internet, given that these ideas were not dangerous.
1999
SilviaO, a Colombian singer,
donated an a cappella track that she sung to a remixing website. Another user
remixed the song to the point where the words had no meaning, and the original
song was barely recognizable. The point of the website was to create new music
from material that already existed, and it was completely legal. It was a
reflection of the new way that music was being created during this time period.
2000-2007
Greg Gillis created the band
Girl Talk in 2000. Some of the band’s music included mash-ups from famous and
licensed artists such as Elton John, The Notorious BIG, and Destiny’s Child.
All of the music samples in his remixes were obtained without permission.
Technically, what Gillis is doing is considered a crime, but he has not been
prosecuted for his acts.
2007
In February, a woman named
Stephanie Lenz posted a video of her 18-month-old son on YouTube. During the
video, he was dancing to a Prince song, whose copyrights are owned by Universal
Music Group. In order to defend itself against copyright piracy, the company
wanted to threaten Lenz. It sent out a letter to YouTube ordering that the
video be taken down because it was an “unauthorized performance” of Prince’s
music. Although the quality of the video was terrible, and it was very unlikely
that anyone would actually download the music from that video. In other words,
there was no way that Prince or Universal would be harmed by an innocent woman
posting a video of her baby dancing on the Internet. When Lenz discovered that
her video had been taken down from YouTube, she wondered what she had done
wrong. She asked that question to the Electronic Frontier Foundation, who
handles many cases like this. Were the time and the money for Universal to hold
a legal meeting in order to discuss this truly necessary? Although it seemed
harmless, Lenz could have been charged with a $150,000 fine if the video had
not been taken down. Because YouTube removed it, she was not charged, but she
could not view the video online anymore.
2007
An art museum in London had
an exhibit that displayed twenty-five people singing an entire John Lennon
album from 1970. The exhibit was on display for the entire summer. Similar
exhibits existed in Jamaica, Germany, and Italy. Their singing abilities were
average at best, but the emotion in their voices were very strong, as they
idolized the singer. Candice Breitz, who created the exhibit, set out to secure
permission from the copyright holders of the album to use it in her exhibit.
She was told that the image of Lennon could not be used in this project, but
she corrected the lawyers and stated that she only wanted to display ordinary
people singing his music. Breitz and the lawyers spent months negotiating over
this, but the arguing was not worth the time. As of the publication of Lessig’s
“Remix”, no final argument has been reached.
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