The Evolution of Music Copyright: A Timeline from Gutenberg to Digital Rights

The evolution of music copyright: a timeline

Copyright is far from a modern invention. Even in ancient Greece and Rome, scholars insisted on being recognised as the creators of their work—what we now call the "right of paternity"—even though plagiarism was not yet a crime. What those classical authors lacked, however, was any automatic legal entitlement to income from their writings, known today as the "economic right." During the Middle Ages, when most people could not read, manuscripts were painstakingly copied by hand and available only to a tiny elite, so copyright hardly mattered. The arrival of mechanical printing, pioneered by Gutenberg and later Caxton, changed everything by making commercial publishing viable.

As late as the eighteenth century, copyrights for economic gain were still typically transferred through an outright sale of a manuscript, with no royalties for subsequent commercial use. Only in the nineteenth century did the law begin granting lifetime copyright protection to composers, who grew increasingly independent economically. Royalty contracts became the norm, guaranteeing payment for repeat performances. In the twentieth century, rights expanded dramatically through "multi-channel" exploitation of musical works, with systems developing to collect payments from countless sources, including recordings, films, advertising, and broadcasts of every kind.

Half a millennium after Gutenberg, the internet and digital technology have once again transformed the landscape, enabling nearly unlimited copying with a single keystroke. In the 1990s, Jim Griffin, formerly Director of Technology at Geffen Records, described this digital age as the era of the "friction-free Gutenberg." (Timeline compiled by Jonathan Little.)

  • 1455 — Johannes Gutenberg becomes the first in the Western world to print using movable type, producing his famous Bible in Mainz, the first complete typeset book in the West.
  • 1476 — William Caxton introduces the printing press to England, setting up at Westminster after several years working on the Continent. Between 1477 and his death (around 1492), he issued roughly 96 different printed books.
  • 1557 — Queen Mary I grants control of all printing and bookselling to a single guild, the Stationers' Company.
  • 1662 — The Licensing Act establishes a register of licensed books and requires a copy of each licensed work to be deposited with the Stationers' Company, who are empowered to seize books deemed hostile to Church or Government.
  • 1681 — The Licensing Act is repealed, but the Stationers' Company passes a by-law establishing ownership rights for books registered to its members, allowing the Company to continue regulating the printing trade.
  • 1707 — Following the political union of Scotland and England, laws passed by the London Parliament become generally applicable across Great Britain.
  • 1709/10 — The Statute of Anne is enacted in 1709, taking effect on 10 April 1710. For the first time, copyright in books and other writings has the protection of an Act of Parliament. Writers gain control of their works for a limited period of 14 years, renewable for another 14 years.
  • 1765 — Influential English jurist William Blackstone defines literary property, drawing a close analogy with real property and describing the right to such “property” as claimed “in total exclusion of the right of any other individual in the universe.”
  • 1774 — The House of Lords rules that authors and publishers have no absolute property rights over their works, meaning they must seek ownership confirmation through law and enforce those rights via the power of the state.
  • 1777 — Printed music notation (sheet music) is confirmed as copyrightable subject matter covered by the Statute of Anne.
  • 1787 — The United States Constitution recognises the concept of intellectual property.
  • 1790 — The US Copyright Act grants writers of books, maps, and charts a 14-year copyright term, renewable for another 14 years—modeled on the Statute of Anne. Major revisions follow in 1831, 1870, 1909, and 1976.
  • 1791/93 — French revolutionary governments pass author laws emphasising droits d'auteur (author's rights). These laws specify that works cannot be performed publicly without a living author or composer's consent, and also confer rights on heirs for five years after the creator's death. In 1791, inspired by these laws, dramatist Beaumarchais founds the first copyright collecting society for composers, though without lasting success.
  • 1831 — “Musical compositions in traditional notation” are affirmed as protected under revised US copyright laws.
  • 1833 — The Dramatic Copyright Act, commonly known as 'Bulwer Lytton's Act' after writer and dramatist Edward George Bulwer-Lytton, is enacted during the reign of William IV. This is effectively the first British Act to protect performing rights in dramatic works, though only for a limited number of years, defining the performing right as the “sole right of representation or performance.”
  • 1837 — The Prussian Act, considered the most comprehensive copyright law of its time, emphasises Urheberrecht (author's rights). Its full title is “Gesetz zum Schutze des Eigenthums an Werken der Wissenschaft und Kunst in Nachdruck und Nachbildung” (Law to protect ownership of scientific and artistic works against reproduction and copying).
  • 1842 — The Literary Copyright Act ('Talfourd’s Act') in the UK grants authors lifetime property rights in their work, covering 42 years from publication or the life of the author plus 7 years, whichever is greater. The Act fails to cover performances of dramatisations of non-dramatic works, and if a play is published before being produced, the performing right is usually lost. To work around this, some authors arrange a single “copyright performance” to establish dramatic copyright.
  • 1842 — Copyright legislation is extended to protect music produced overseas, though at this stage mainly aimed at publishers of sheet music in France and certain German states.
  • 1847 — The Paris Concert Café Ambassadeurs is successfully sued by popular music composers Ernest Bourget, Victor Parizot, and Paul Henrion. Although the exclusive right of the author to approve public performances had been established in France in 1791, it did not become a practical reality until more than 50 years after the law's enactment.
  • 1847 — On 10 April, the Cour d’Appel de Paris orders the owner of Ambassadeurs Café to pay compensation (effectively royalties) to composer Ernest Bourget for unauthorised use of his music. This leads publisher Jules Colombier to join the three composers to set up an Agence Centrale, the predecessor of SACEM, for administering performing rights in musical works.
  • 1851 — SACEM, the world's first copyright collecting society specifically for musical performing rights, is established in France.
  • 1873 — The International Exhibition of Inventions in Vienna experiences a boycott from many foreign exhibitors who fear their ideas will be stolen and commercially exploited abroad, highlighting the pressing need for international IP protection.
  • 1875 — A Royal Commission in Britain advises improving and codifying all existing copyright-related acts, and recommends that the government enter a bilateral copyright agreement with the United States.
  • 1883/84 — The Paris Convention for the Protection of Industrial Property is signed by 14 European member states and enters force in 1884.
  • 1884 — The Society of Authors is founded for “the maintenance, definition, and defence of Literary Property,” aiming primarily to obtain copyright protection for English authors in the United States and lobbying for a Bill for the Registration of Titles.
  • 1886/87 — The seminal Berne Convention for the Protection of Literary and Artistic Works is signed in Berne, Switzerland, to give international copyright protection to citizens of signatory states. Works covered include novels, songs, operas, drawings, and architectural works. In the International Copyright Act of 1886, Great Britain gives assent to the Convention's obligations, abolishing the requirement to register foreign works and introducing an exclusive right to import or produce translations. The UK ratifies the Convention effective from 5 December 1887, though the US continues under its 1790 Copyright Act. The Berne Convention is revised in 1908 and 1928.
  • 1908 — The Berlin Act extends copyright term to life of author plus 50 years, accounts for new technologies, and affirms that formal registration is not needed to hold copyright. Photography, film, and sound recordings are added to the protected works list.
  • 1909 — The third major revision to the US Copyright Act includes more categories of protected works than ever before—effectively all works of authorship—and extends the renewal term from 14 to 28 years, for a possible total protection of 56 years. With respect to music, Congress states, “The main object to be desired in expanding copyright protection afforded to music has been to give the composer an adequate return for the value of his composition.”
  • 1911/12 — The great codifying act in Britain, the Copyright Act 1911, comes into force on 1 July 1912, unifying all provisions on copyright for the first time. It adds the composer's right to control reproduction by any mechanical means and to authorise performances. Sound recordings and architectural works are now protected. Registration at Stationers' Hall is no longer required, and common law copyright protection in unpublished works is abolished (excluding unpublished drawings and photographs). Copyright duration is extended to the life of the holder plus 50 years after death, and three principal rights are established: to print and sell copies, to reproduce by mechanical means, and to perform works in public.
  • 1914 — The UK's Performing Right Society (PRS) holds its first meeting on 1 April; the American Society of Composers, Authors and Publishers (ASCAP) is founded in the same year (13 February).
  • 1924 — Founding of the Mechanical-Copyright Protection Society (MCPS).
  • 1934 — After a test case brought by the Gramophone Company against a coffee shop, British courts recognise that sound recording owners should be paid for broadcasting and public performance of their copyrights. This leads to PPL (Phonographic Performance Limited) being established to collect and distribute broadcasting and public performance royalties on behalf of UK sound recording owners.
  • 1956/57 — The Copyright Act 1956 comes into force on 1 June 1957, accounting for further amendments to the Berne Convention and the Universal Copyright Convention. Films and broadcasts are now protected in their own right, and the Performing Right Tribunal is established.
  • 1961 — The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations is signed, proving important for preventing recorded music piracy.
  • 1967/70 — The United Nations convention establishing the World Intellectual Property Organisation (WIPO) is signed, and WIPO becomes operational in 1970.
  • 1971 — The Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication is adopted on 29 October.
  • 1976 — The fourth major revision of the US Copyright Act codifies fair use and first sale doctrines for the first time and extends copyright to unpublished works; this statute frames the US in closer anticipation of becoming a Berne signatory.
  • 1982 — The introduction of MIDI (Musical Instrument Digital Interface) begins to revolutionise music production. The compact disc (CD) becomes the first mass consumer sound carrier holding music in digitised form.
  • 1984 — Richard Stallman, working at MIT, founds the Free Software Foundation, considered the first anti-copyright organisation of the digital era.
  • 1988 — The United States becomes a signatory to the Berne Convention.
  • 1988/89 — The Copyright, Designs and Patents Act (CDPA) supersedes the Copyright Act 1956 and its amendments, coming into force on 1 August 1989. In addition to economic rights, this Act introduces moral rights for the first time, including The Right of Paternity and The Right of Integrity.
  • 1990 — The Copyright Act is amended in the US to prohibit the commercial lending of computer software.
  • 1993 — The WTO's TRIPS Agreement extends principles from the 1886 Berne Convention to all global free trade area countries, reinforcing creator's rights and emphasising transferable property rights.
  • 1993 — Emergence of the MP3 compression standard for music.
  • John Perry Barlow, former lyricist for The Grateful Dead and co-founder of the Electronic Frontier Foundation, declares in a widely read manifesto that intellectual property law “cannot be patched, retrofitted, or expanded to contain digitized expression.”
  • 1995/96 — Copyright protection in Europe and America is extended to life of the author plus 70 years for most printed works (sound recordings remain at 50 years).
  • On 1 January 1996, the World Trade Agreement restores copyright protection in the US to many foreign-origin works already in the public domain, in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights.
  • 1996 — The UK adopts European Union Directive 92/100/ EEC regarding rental, lending and neighbouring rights, giving featured artists and session performers a legal right to “equitable remuneration” for use of sound recordings performed or broadcast in public.
  • 1996 — Numerous societies are established in the UK, including Phonographic Performance Limited (PPL) (previously in 1934), Performing Artists’ Media Rights Association (PAMRA) and the Association of United Recording Artists (AURA), employing PPL and PAMRA/AURA, dedicated respectively to musicians’ agreements.

Half of this income is paid by PPL to sound-recording owners (record companies), while the remainder goes to featured artists and session performers through their individual memberships in PPL, PAMRA, or AURA.

1996 – WIPO issues its Performances and Phonograms Treaty.

1998 – In the US, the Copyright Term Extension Act is enacted on 27th October (also known as the Sonny Bono Copyright Term Extension Act, and pejoratively as the Mickey Mouse Protection Act). This Act extends the period of copyright in the United States by 20 years (from pma +50 years to pma +70 years). The Act does not revive copyrights that have already expired.

1998 – The Digital Millennium Copyright Act (DMCA) is enacted in the United States. It is soon criticised as already being out of date regarding new Internet and other technological developments. The Internet music-file swap site, Napster, when sued by all the major record companies, uses the Act to argue (unsuccessfully) in court that Napster is merely a ‘dumb pipe’ – a conductor of digitised information – and therefore is not liable for users' copyright infringements (which Napster facilitates). Around this time a general concern emerges in the music industry that the potential removal of long-existing copyright ‘intermediary’ structures will reduce or otherwise permanently alter the infrastructure and the bargaining power, or relationship, between creators and

consumers. The concept of ‘disintermediation’ – related to music distribution – is increasingly promulgated.

2001 – The European Copyright Directive (Directive 2001/29/EC), which harmonises certain aspects of copyright across the 15 member states, is approved by the European Parliament and the European Council (22 May).

2002 – Effective from 1st January 2002, the German Bundestag (Parliament) introduces a new law to provide for collective bargaining between organisations representing creators and exploiters of intellectual property. This aims to encourage fairer remuneration for creators – including the statutory right for creators to ask for payment reviews and audits of companies involved in such exploitation.

2006 – In the UK (in December), the Gowers Review of Intellectual Property recommends that the 50-year copyright protection term on sound recordings and performers’ rights is not extended – as many music creators and record companies had wished (having argued for an extension of a further 45 years).