A Brief History of Copyright

Yeah, sorry to be returning to this topic yet again, I am perfectly aware that I am probably going to be repeating an awful lot of stuff that either a) I’ve said already or b) you already know. Nonetheless, having spent a frustrating amount of time in recent weeks getting very annoyed at clever people saying stupid things, I feel the need to inform the world if only to satisfy my own simmering anger at something really not worth getting angry about. So:

Over the past year or so, the rise of a whole host of FLLAs (Four Letter Legal Acronyms) from SOPA to ACTA has, as I have previously documented, sent the internet and the world at large in to paroxysms of mayhem at the very idea that Google might break and/or they would have to pay to watch the latest Marvel film. Naturally, they also provoked a lot of debate, ranging in intelligence from intellectual to average denizen of the web, on the subject of copyright and copyright law. I personally think that the best way to understand anything is to try and understand exactly why and how stuff came to exist in the first place, so today I present a historical analysis of copyright law and how it came into being.

Let us travel back in time, back to our stereotypical club-wielding tribe of stone age human. Back then, the leader not only controlled and lead the tribe, but ensured that every facet of it worked to increase his and everyone else’s chance of survival, and chance of ensuring that the next meal would be coming along. In short, what was good for the tribe was good for the people in it. If anyone came up with a new idea or technological innovation, such as a shield for example, this design would also be appropriated and used for the good of the tribe. You worked for the tribe, and in return the tribe gave you protection, help gathering food and such and, through your collective efforts, you stayed alive. Everybody wins.

However, over time the tribes began to get bigger. One tribe would conquer their neighbours, gaining more power and thus enabling them to take on bigger, larger, more powerful tribes and absorb them too. Gradually, territories, nations and empires form, and what was once a small group in which everyone knew everyone else became a far larger organisation. The problem as things get bigger is that what’s good for a country starts to not necessarily become as good for the individual. As a tribe gets larger, the individual becomes more independent of the motions of his leader, to the point at which the knowledge that you have helped the security of your tribe does not bear a direct connection to the availability of your next meal- especially if the tribe adopts a capitalist model of ‘get yer own food’ (as opposed to a more communist one of ‘hunters pool your resources and share between everyone’ as is common in a very small-scale situation when it is easy to organise). In this scenario, sharing an innovation for ‘the good of the tribe’ has far less of a tangible benefit for the individual.

Historically, this rarely proved to be much of a problem- the only people with the time and resources to invest in discovering or producing something new were the church, who generally shared between themselves knowledge that would have been useless to the illiterate majority anyway, and those working for the monarchy or nobility, who were the bosses anyway. However, with the invention of the printing press around the start of the 16th century, this all changed. Public literacy was on the up and the press now meant that anyone (well, anyone rich enough to afford the printers’ fees)  could publish books and information on a grand scale. Whilst previously the copying of a book required many man-hours of labour from a skilled scribe, who were rare, expensive and carefully controlled, now the process was quick, easy and available. The impact of the printing press was made all the greater by the social change of the few hundred years between the Renaissance and today, as the establishment of a less feudal and more merit-based social system, with proper professions springing up as opposed to general peasantry, meaning that more people had the money to afford such publishing, preventing the use of the press being restricted solely to the nobility.

What all this meant was that more and more normal (at least, relatively normal) people could begin contributing ideas to society- but they weren’t about to give them up to their ruler ‘for the good of the tribe’. They wanted payment, compensation for their work, a financial acknowledgement of the hours they’d put in to try and make the world a better place and an encouragement for others to follow in their footsteps. So they sold their work, as was their due. However, selling a book, which basically only contains information, is not like selling something physical, like food. All the value is contained in the words, not the paper, meaning that somebody else with access to a printing press could also make money from the work you put in by running of copies of your book on their machine, meaning they were profiting from your work. This can significantly cut or even (if the other salesman is rich and can afford to undercut your prices) nullify any profits you stand to make from the publication of your work, discouraging you from putting the work in in the first place.

Now, even the most draconian of governments can recognise that your citizens producing material that could not only benefit your nation’s happiness but also potentially have great material use is a valuable potential resource, and that they should be doing what they can to promote the production of that material, if only to save having to put in the large investment of time and resources themselves. So, it makes sense to encourage the production of this material, by ensuring that people have a financial incentive to do it. This must involve protecting them from touts attempting to copy their work, and hence we arrive at the principle of copyright: that a person responsible for the creation of a work of art, literature, film or music, or who is responsible for some form of technological innovation, should have legal control over the release & sale of that work for at least a set period of time. And here, as I will explain next time, things start to get complicated…

Fist Pumping

Anyone see the Wimbledon final yesterday? If not, you missed out- great game of tennis, really competitive for the first two sets, and Roger Federer showing just why he is the greatest player of all time towards the end. Tough for Andy Murray after a long, hard tournament, but he did himself proud and as they say: form is temporary, class is permanent. And Federer has some class.

However, the reason I bring this up is not to extol the virtues of a tennis match again (I think my post following Murray’s loss at the Australian Open was enough for that), but because of a feature that, whilst not tennis-specific, appears to be something like home turf for it- the fist pump.

It’s a universally-recognised (from my experience anyway) expression of victory- the clenched fist, raised a little with the bent elbow, used to celebrate each point won, each small victory. It’s an almost laughably recognisable pattern in a tennis match, for whilst the loser of a point will invariably let their hand go limp by their side, or alternatively vent his or her frustration, the winner will almost always change their grip on the racket, and raise one clenched fist in a quiet, individual expression of triumph- or go ape-shit mental in the case of set or match wins.

So then, where does this symbol come from? Why, across the world, is the raised, clenched fist used in arenas ranging from sport to propaganda to warfare as a symbol of victory, be they small or world-changing? What is it that lies behind the fist pump?

Let us first consider the act of a clenched fist itself. Try it now. Go on- clench your fist, hard, maintaining a strong grip. See the knuckles stand out, sense the muscles bulge, feel the forearm stiffen. Now, try to maintain that position. Keep up that strong grip for 30 seconds, a minute, maybe two. After a while, you should feel your grip begin to loosen, almost subconsciously. Try to keep it tight if you can, but soon your forearm will start to ache, grip fading and loosening. It’s OK, you can let go now, but you see the point- maintaining a strong grip is hard old work. Thus, showing a strong grip is symbolic of still having energy, strength to continue, a sign that you are not beaten yet and can still keep on going. This is further accompanied by having the fist in a raised, rather than slack, position, requiring that little bit more effort. Demonstrating this symbol to an opponent after any small victory is almost a way of rubbing their noses in it, a way of saying that whilst they have been humbled, the victor can still keep on going, and is not finished yet.

Then there is the symbolism of the fist as a weapon. Just about every weapon in human history, bar those in Wild Wild West and bad martial arts films, requires the hands to operate it, and our most basic ones (club, sword, mace, axe etc.) all require a strong grip around a handle to use effectively. The fist itself is also, of course, a weapon of sorts in its own right. Although martial artists have taken the concept a stage further, the very origins of human fighting and warfare comes from basic swinging at one another with fists- and it is always the closed fists, using knuckles as the driving weapon, that are symbolic of true hand-to-hand fighting, despite the fact that the most famous martial arts move, the ‘karate chop’ (or knife-hand strike to give it its true name) requires an open hand. Either way, the symbolism and connection between the fist and weaponry/fighting means that the raised fist is representative not only of defiance, of fighting back,  standing tall and being strong against all the other could throw against them (the form in which it was used in large amounts in old Soviet propaganda), but also of dominance, representing the victor’s power and control over their defeated foe, further adding to the whole ‘rubbing their noses in it’ symbolism.

And then there is the position of the fist. Whilst the fist can be and is held in a variety of positions ranging from the full overhead to the low down clench on an extended arm, it is invariably raised slightly when clenched in victory. The movement may only be of a few centimetres, but its significance should not be underestimated- at the very least it brings the arm into a bent position. A bent arm position is the starting point for all punches and strikes, as it is very hard to get any sort of power from a bent arm, so the bending of the arm on the fist clench is once again a connection to the idea of the fist as a weapon. This is reinforced by the upwards motion being towards the face and upper body, as this is the principle target, and certainly the principle direction of movement (groin strikes excepted) in traditional fist fighting. Finally, we have the full lift, fists clenched and raised above the head in the moment of triumph. Here the symbolism is purely positional- the fists raised, especially when compared to the bent neck and hunched shoulders of the defeated compatriot, makes the victor seem bigger and more imposing, looming over his opponent and becoming overbearing and ‘above’ them.

The actual ‘pumping’ action of the fist pump, rarer than the unaccompanied clench,  adds its own effect, although in this case it is less symbolism and more naked emotion on show- not only passion for the moment, but also raw aggression to let one’s opponent know that not only are you up for this, but you are well ready and prepared to front up and challenge them on every level. But this symbolism could be considered to be perhaps for the uncivilised and overemotional, whereas the subtlest, calmest men may content themselves with the tiniest grin and a quick clench, conjuring up centuries of basic symbolism in one tiny, almost insignificant, act of victory.