this post was submitted on 23 Jun 2024
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writer protection is not where copyright came from
The Berne Convention (Which the US only joined in 1989) is from 1886 and more concerned with author's rights than the typical american flavor, and was kickstarted by successful writers such as Victor Hugo, it's fundamentally commercial in nature but was at least partially sold/incepted has protecting a writer's labour:
Translated: "The law protects land, it protects the house of the proletarian who has sweat; it confiscates the work of the poet who has thought (...)"
From the body of the convention, in some regards it does place the author higher than the publisher:
EDIT:
And contains from 1886 already the spirit of fair use.
None of that is its origin
I'm sorry for my imprecise wording, I was feeling flippant and I know what I said isn't totally accurate. not a big history person here honestly. I'll try and stick to joke-commenting next time. but also can you just say what you mean instead of darkly hinting.
iirc even though the origin of copyright is not really specifically about author protection, part of the broad-strokes motivation for its existence involved "we need to keep production of new works viable in a world where new copies can be easily produced and undercut the original," which was what I was trying to get at. maybe they picked a bad way to do that idk I'm not here to make excuses for the decisions of 16th-century monarchs
also again I'm not a copyright fan/defender. in particular copyright as currently constituted massively and obviously sucks. I just don't think copyright-in-the-abstract is like the Greatest Moral Evil either, bc I'm not a libertarian. sorry ¯\_(ツ)_/¯
Agreed, earliest stuff is definetly exclusive royal grant of printing overall to a particular person/guild/company. But some author protection is baked into the first international treaties about copyright, and those treaties are old.
The copyright clause in the US constitution (1789) also frames it in terms of granting rights to authors to "promote the progress of ... useful arts". Strictly speaking author protection is not the origin of copyright but also I was snarkily responding to a person who was arguing in favor of AI-training-as-fair-use and implying copyright was 120 years old, not trying to do a detailed explication of the origins of copyright law