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In the early 20th century, Louis Brandeis, later appointed to the United States Supreme Court, became noted for his use of policy-driving facts and economics in his briefs, and extensive appendices presenting facts that lead a judge to the advocate's conclusion. By this time, briefs relied more on facts than on Latin maxims. Reliance on old maxims is now deprecated. Common law decisions today reflect both precedent and policy judgment drawn from economics, the social sciences, business, decisions of foreign courts, and the like. The degree to which these external factors "should" influence adjudication is the subject of active debate, but it is indisputable that judges "do" draw on experience and learning from everyday life, from other fields, and from other jurisdictions. 1870 through 20th century, and the procedural merger of law and equity. As early as the 15th century, it became the practice that litigants who felt they had been cheated by the common law system would petition the King in person. For example, they might argue that an award of damages (at common law (as opposed to equity)) was not sufficient redress for a trespasser occupying their land, and instead request that the trespasser be evicted. From this developed the system of equity, administered by the Lord Chancellor, in the courts of chancery. By their nature, equity and law were frequently in conflict and litigation would frequently continue for years as one court countermanded the other, even though it was established by the 17th century that equity should prevail.
In England, courts of law (as opposed to equity) were merged with courts of equity by the Judicature Acts of 1873 and 1875, with equity prevailing in case of conflict. In the United States, parallel systems of law (providing money damages, with cases heard by a jury upon either party's request) and equity (fashioning a remedy to fit the situation, including injunctive relief, heard by a judge) survived well into the 20th century. The United States federal courts procedurally separated law and equity: the same judges could hear either kind of case, but a given case could only pursue causes in law or in equity, and the two kinds of cases proceeded under different procedural rules. This became problematic when a given case required both money damages and injunctive relief. In 1937, the new Federal Rules of Civil Procedure combined law and equity into one form of action, the "civil action". Fed.R.Civ.P. . The distinction survives to the extent that issues that were "common law (as opposed to equity)" as of 1791 (the date of adoption of the Seventh Amendment) are still subject to the right of either party to request a jury, and "equity" issues are decided by a judge.
The states of Delaware, Illinois, Mississippi, South Carolina, and Tennessee continue to have divided courts of law and courts of chancery, for example, the Delaware Court of Chancery. In New Jersey, the appellate courts are unified, but the trial courts are organized into a Chancery Division and a Law Division. Common law pleading and its abolition in the early 20th century. For centuries, through to the 19th century, the common law acknowledged only specific forms of action, and required very careful drafting of the opening pleading (called a writ) to slot into exactly one of them: debt, detinue, covenant, special assumpsit, general assumpsit, trespass, trover, replevin, case (or trespass on the case), and ejectment. To initiate a lawsuit, a pleading had to be drafted to meet myriad technical requirements: correctly categorizing the case into the correct legal pigeonhole (pleading in the alternative was not permitted), and using specific legal terms and phrases that had been traditional for centuries. Under the old common law pleading standards, a suit by a "pro se" ("for oneself", without a lawyer) party was all but impossible, and there was often considerable procedural jousting at the outset of a case over minor wording issues.
One of the major reforms of the late 19th century and early 20th century was the abolition of common law pleading requirements. A plaintiff can initiate a case by giving the defendant "a short and plain statement" of facts that constitute an alleged wrong. This reform moved the attention of courts from technical scrutiny of words to a more rational consideration of the facts, and opened access to justice far more broadly. Comparison with civil law. Civil law systems. Common law is usually contrasted with the civil law system, which is used in Continental Europe, most of Central and South America, and some African countries including Egypt and the Francophone countries of the Maghreb and west Africa. Common law systems trace their history to the English common law, while civil law systems trace their history through the Napoleonic Code back to the of Roman law. Role of precedent and judicial review. The primary contrast between the two systems is the role of written decisions and precedent as a source of law (one of the defining features of common law legal systems).
While Common law systems place great weight on precedent, civil law judges tend to give less weight to judicial precedent. For example, the Napoleonic Code expressly forbade French judges to pronounce general principles of law. In some civil law jurisdictions the judiciary does not have the authority to invalidate legislative provisions. For example, after the fall of the Soviet Union the Armenian parliament, with substantial support from USAID, adopted new legal codes. Some of the codes introduced problems which the judiciary was not empowered to adjudicate under the established principles of the common law of contracts - they could only apply the code as written. There is no doctrine of "stare decisis" in the French civil law tradition. Civil law codes must be changed constantly because the precedent of courts is not binding and because courts lack authority to act if there is no statute. There are regular, good quality law reports in France, but it is not a consistent practice in many of the existing civil law jurisdictions. In French-speaking colonial Africa there were no law reports and what little we know of those historical cases comes from publication in journals.
Adversarial system vs. inquisitorial system. Common law systems tend to give more weight to separation of powers between the judicial branch and the executive branch. In contrast, civil law systems are typically more tolerant of allowing individual officials to exercise both powers. One example of this contrast is the difference between the two systems in allocation of responsibility between prosecutor and adjudicator. Common law courts usually use an adversarial system, in which two sides present their cases to a neutral judge. For example, in criminal cases, in adversarial systems, the prosecutor and adjudicator are two separate people. The prosecutor is lodged in the executive branch, and conducts the investigation to locate evidence. That prosecutor presents the evidence to a neutral adjudicator, who makes a decision. In contrast, in civil law systems, criminal proceedings proceed under an inquisitorial system in which an examining magistrate serves two roles by first developing the evidence and arguments for one side and then the other during the investigation phase. The examining magistrate then presents the dossier detailing his or her findings to the president of the bench that will adjudicate on the case where it has been decided that a trial shall be conducted. Therefore, the president of the bench's view of the case is not neutral and may be biased while conducting the trial after the reading of the dossier. Unlike the common law proceedings, the president of the bench in the inquisitorial system is not merely an umpire and is entitled to directly interview the witnesses or express comments during the trial, as long as he or she does not express his or her view on the guilt of the accused.
The proceeding in the inquisitorial system is essentially by writing. Most of the witnesses would have given evidence in the investigation phase and such evidence will be contained in the dossier under the form of police reports. In the same way, the accused would have already put his or her case at the investigation phase but he or she will be free to change his or her evidence at trial. Whether the accused pleads guilty or not, a trial will be conducted. Unlike the adversarial system, the conviction and sentence to be served (if any) will be released by the trial jury together with the president of the trial bench, following their common deliberation. In contrast, in an adversarial system, on issues of fact, the onus of framing the case rests on the parties, and judges generally decide the case presented to them, rather than acting as active investigators, or actively reframing the issues presented. "In our adversary system, in both civil and criminal cases, in the first instance and on appeal, we follow the principle of party presentation. That is, we rely on the parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present." This principle applies with force in all issues in criminal matters, and to factual issues: courts seldom engage in fact gathering on their own initiative, but decide facts on the evidence presented (even here, there are exceptions, for "legislative facts" as opposed to "adjudicative facts").
On the other hand, on issues of law, common law courts regularly raise new issues (such as matters of jurisdiction or standing), perform independent research, and reformulate the legal grounds on which to analyze the facts presented to them. The United States Supreme Court regularly decides based on issues raised only in amicus briefs from non-parties. One of the most notable such cases was "Erie Railroad v. Tompkins", a 1938 case in which neither party questioned the ruling from the 1842 case "Swift v. Tyson" that served as the foundation for their arguments, but which led the Supreme Court to overturn "Swift" during their deliberations. To avoid lack of notice, courts may invite briefing on an issue to ensure adequate notice. However, there are limits—an appeals court may not introduce a theory that contradicts the party's own contentions. There are many exceptions in both directions. For example, most proceedings before U.S. federal and state agencies are inquisitorial in nature, at least the initial stages (e.g., a patent examiner, a social security hearing officer, and so on), even though the law to be applied is developed through common law processes.
Convergence of common law and civil law. The contrast between civil law and common law legal systems has become increasingly blurred, with the growing importance of jurisprudence (similar to case law but not binding) in civil law countries, and the growing importance of statute law and codes in common law countries. Common law countries are increasingly adopting codes, similar to civil law systems, in areas such as bankruptcy, intellectual property, antitrust, banking regulation, securities, and tax law. In the United States, the Uniform Commercial Code (UCC) is an example of a codified framework governing various aspects of commercial law. Widely regarded as one of the most significant developments in American law, the UCC has been enacted, with some local variations, in all 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands. An example of convergence from the other direction is shown in the 1982 decision "Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health" (), in which the European Court of Justice held that questions it has already answered need not be resubmitted. This showed how a historically distinctly common law principle is used by a court composed of judges (at that time) of essentially civil law jurisdiction.
Common law legal systems in the present day. In jurisdictions around the world. The common law constitutes the basis of the legal systems of: and many other generally English-speaking countries or Commonwealth countries (except Scotland, which is bijuridicial, and Malta). Essentially, every country that was colonised at some time by England, Great Britain, or the United Kingdom uses common law except those that were formerly colonised by other nations, such as Quebec (which follows the bijuridicial law or civil code of France in part), South Africa and Sri Lanka (which follow Roman Dutch law), where the prior civil law system was retained to respect the civil rights of the local colonists. Guyana and Saint Lucia have mixed common law and civil law systems. The remainder of this section discusses jurisdiction-specific variants, arranged chronologically. Scotland. Scotland is often said to use the civil law system, but it has a unique system that combines elements of an uncodified civil law dating back to the with an element of its own common law long predating the Treaty of Union with England in 1707 (see Legal institutions of Scotland in the High Middle Ages), founded on the customary laws of the tribes residing there. Historically, Scottish common law differed in that the use of "precedent" was subject to the courts' seeking to discover the principle that justifies a law rather than searching for an example as a "precedent", and principles of natural justice and fairness have always played a role in Scots Law. From the 19th century, the Scottish approach to precedent developed into a "stare decisis" akin to that already established in England thereby reflecting a narrower, more modern approach to the application of case law in subsequent instances. This is not to say that the substantive rules of the common laws of both countries are the same, but in many matters (particularly those of UK-wide interest), they are similar.
Scotland shares the Supreme Court with England, Wales and Northern Ireland for civil cases; the court's decisions are binding on the jurisdiction from which a case arises but only influential on similar cases arising in Scotland. This has had the effect of converging the law in certain areas. For instance, the modern UK law of negligence is based on "Donoghue v Stevenson", a case originating in Paisley, Scotland. Scotland maintains a separate criminal law system from the rest of the UK, with the High Court of Justiciary being the final court for criminal appeals. The highest court of appeal in civil cases brought in Scotland is now the Supreme Court of the United Kingdom (before October 2009, final appellate jurisdiction lay with the House of Lords). The United States – states, federal courts, and executive branch agencies (17th century on). New York (17th century).
Louisiana (1700s). Under Louisiana's codified system, the Louisiana Civil Code, private law—that is, substantive law between private sector parties—is based on principles of law from continental Europe, with some common law influences. These principles derive ultimately from Roman law, transmitted through French law and Spanish law, as the state's current territory intersects the area of North America colonized by Spain and by France. Contrary to popular belief, the Louisiana code does not directly derive from the Napoleonic Code, as the latter was enacted in 1804, one year after the Louisiana Purchase. However, the two codes are similar in many respects due to common roots. Louisiana's criminal law largely rests on English common law. Louisiana's administrative law is generally similar to the administrative law of the U.S. federal government and other U.S. states. Louisiana's procedural law is generally in line with that of other U.S. states, which in turn is generally based on the U.S. Federal Rules of Civil Procedure.
Historically notable among the Louisiana code's differences from common law is the role of property rights among women, particularly in inheritance gained by widows. California (1850s). The U.S. state of California has a system based on common law, but it has codified the law in the manner of civil law jurisdictions. The reason for the enactment of the California Codes in the 19th century was to replace a pre-existing system based on Spanish civil law with a system based on common law, similar to that in most other states. California and a number of other Western states, however, have retained the concept of community property derived from civil law. The California courts have treated portions of the codes as an extension of the common-law tradition, subject to judicial development in the same manner as judge-made common law. (Most notably, in the case "Li v. Yellow Cab Co.", 13 Cal.3d 804 (1975), the California Supreme Court adopted the principle of comparative negligence in the face of a California Civil Code provision codifying the traditional common-law doctrine of contributory negligence.)
United States federal courts (1789 and 1938). After "Erie v. Tompkins", 304 U.S. 64, 78 (1938) overruled Joseph Storey's decision in "Swift v. Tyson", the federal common law was limited to some jurisdictions stated in the Constitution, such as admiralty, and possibly some areas that may not be the traditional jurisdiction of state law. Later courts have limited "Erie" slightly, to create a few situations where United States federal courts are permitted to create federal common law rules without express statutory authority, for example, where a federal rule of decision is necessary to protect uniquely federal interests, such as foreign affairs, or financial instruments issued by the federal government. Except on Constitutional issues, and some procedural issues, Congress is free to legislatively overrule federal courts' common law. In "Swift", the United States Supreme Court had held that federal courts hearing cases brought under their diversity jurisdiction (allowing them to hear cases between parties from different states) had to apply the statutory law of the states, but not the common law developed by state courts. Instead, the Supreme Court permitted the federal courts to make their own common law based on general principles of law. "Erie" overruled "Swift v. Tyson", and instead held that federal courts exercising diversity jurisdiction had to use all of the same substantive law as the courts of the states in which they were located. As the "Erie" Court put it, there is no "general federal common law".
Post-1938, federal courts deciding issues that arise under state law are required to defer to state court interpretations of state statutes, or reason what a state's highest court would rule if presented with the issue, or to certify the question to the state's highest court for resolution. Outside diversity jurisdiction and when there is no federal statute, post-Erie federal courts have continued to create causes of action. Justice Lewis Powell strongly objected to this practice in an influential dissent for the case "Cannon v. University of Chicago". United States executive branch agencies (1946). Most executive branch agencies in the United States federal government have some adjudicatory authority. To greater or lesser extent, agencies honor their own precedent to ensure consistent results. Agency decision making is governed by the Administrative Procedure Act of 1946. For example, the National Labor Relations Board issues relatively few regulations, but instead promulgates most of its substantive rules through common law (connotation 1).
India, Pakistan, and Bangladesh (19th century and 1948). The law of India, Pakistan, and Bangladesh are largely based on English common law because of the long period of British colonial influence during the period of the British Raj. Ancient India represented a distinct tradition of law, and had a historically independent school of legal theory and practice. The "Arthashastra", dating from 400 BCE and the "Manusmriti", from 100 CE, were influential treatises in India, texts that were considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia. Early in this period, which finally culminated in the creation of the Gupta Empire, relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of a temporary or semi-permanent character.
When India became part of the British Empire, there was a break in tradition, and Hindu and Islamic law were supplanted by the common law. After the failed rebellion against the British in 1857, the British Parliament took over control of India from the British East India Company, and British India came under the direct rule of the Crown. The British Parliament passed the Government of India Act 1858 to this effect, which set up the structure of British government in India. It established in Britain the office of the Secretary of State for India through whom the Parliament would exercise its rule, along with a Council of India to aid him. It also established the office of the Governor-General of India along with an Executive Council in India, which consisted of high officials of the British Government. As a result, the present judicial system of the country derives largely from the British system and has little correlation to the institutions of the pre-British era. Post-partition India (1948). Post-partition, India retained its common law system. Much of contemporary Indian law shows substantial European and American influence. Legislation first introduced by the British is still in effect in modified form today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesized to produce a refined set of Indian laws. Indian laws also adhere to the United Nations guidelines on human rights law and environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India.
Post-partition Pakistan (1948). Post-partition, Pakistan retained its common law system. Post-partition Bangladesh (1968). Post-partition, Bangladesh retained its common law system. Canada (1867). Canada has separate federal and provincial legal systems. Canadian provincial legal systems. Each province and territory is considered a separate jurisdiction with respect to case law. Each has its own procedural law in civil matters, statutorily created provincial courts and superior trial courts with inherent jurisdiction culminating in the Court of Appeal of the province. These Courts of Appeal are then subject to the Supreme Court of Canada in terms of appeal of their decisions. All but one of the provinces of Canada use a common law system for civil matters (the exception being Quebec, which uses a French-heritage civil law system for issues arising within provincial jurisdiction, such as property ownership and contracts). Canadian federal legal system. Canadian federal courts operate under a separate system throughout Canada and deal with narrower range of subject matter than superior courts in each province and territory. They only hear cases on subjects assigned to them by federal statutes, such as immigration, intellectual property, judicial review of federal government decisions, and admiralty. The Federal Court of Appeal is the appellate court for federal courts and hears cases in multiple cities; unlike the United States, the Canadian Federal Court of Appeal is not divided into appellate circuits.
Canadian federal statutes must use the terminology of both the common law and civil law for civil matters; this is referred to as legislative bijuralism. Canadian criminal law. Criminal law is uniform throughout Canada. It is based on the federal statutory Criminal Code, which in addition to substance also details procedural law. The administration of justice are the responsibilities of the provinces. Canadian criminal law uses a common law system no matter which province a case proceeds. Nicaragua. Nicaragua's legal system is a mixture of the English common law and civil law. This situation was brought through the influence of British administration of the Eastern half of the Mosquito Coast from the mid-17th century until about 1894, the William Walker period from about 1855 through 1857, US interventions/occupations during the period from 1909 to 1933, the influence of US institutions during the Somoza family administrations (1933–1979), and the considerable importation between 1979 and the present of US culture and institutions.
Israel (1948). Israel has no formal written constitution. Its basic principles are inherited from the law of the British Mandate of Palestine and thus resemble those of British and American law, namely: the role of courts in creating the body of law and the authority of the supreme court in reviewing and if necessary overturning legislative and executive decisions, as well as employing the adversarial system. However, because Israel has no written constitution, basic laws can be changed by a vote of 61 out of 120 votes in the parliament. One of the primary reasons that the Israeli constitution remains unwritten is the fear by whatever party holds power that creating a written constitution, combined with the common-law elements, would severely limit the powers of the Knesset (which, following the doctrine of parliamentary sovereignty, holds near-unlimited power). Roman Dutch common law.
Ghana. Ghana follows the English common law tradition which was inherited from the British during her colonisation. Consequently, the laws of Ghana are, for the most part, a modified version of imported law that is continuously adapting to changing socio-economic and political realities of the country. The Bond of 1844 marked the period when the people of Ghana (then Gold Coast) ceded their independence to the British and gave the British judicial authority. Later, the Supreme Court Ordinance of 1876 formally introduced British law, be it the common law or statutory law, in the Gold Coast. Section 14 of the Ordinance formalised the application of the common-law tradition in the country. Ghana, after independence, did not do away with the common law system inherited from the British, and today it has been enshrined in the 1992 Constitution of the country. Chapter four of Ghana's Constitution, entitled "The Laws of Ghana", has in Article 11(1) the list of laws applicable in the state. This comprises (a) the Constitution; (b) enactments made by or under the authority of the Parliament established by the Constitution; (c) any Orders, Rules and Regulations made by any person or authority under a power conferred by the Constitution; (d) the existing law; and (e) the common law. Thus, the modern-day Constitution of Ghana, like those before it, embraced the English common law by entrenching it in its provisions. The doctrine of judicial precedence which is based on the principle of "stare decisis" as applied in England and other pure common law countries also applies in Ghana.
Scholarly works. Edward Coke, a 17th-century Lord Chief Justice of England and a Member of Parliament (MP), wrote several legal texts that collected and integrated centuries of case law. Lawyers in both England and America learned the law from his "Institutes" and "Reports" until the end of the 18th century. His works are still cited by common law courts around the world. The next definitive historical treatise on the common law is "Commentaries on the Laws of England", written by Sir William Blackstone and first published in 1765–1769. Since 1979, a facsimile edition of that first edition has been available in four paper-bound volumes. Today it has been superseded in the English part of the United Kingdom by Halsbury's Laws of England that covers both common and statutory English law. While he was still on the Massachusetts Supreme Judicial Court, and before being named to the U.S. Supreme Court, Justice Oliver Wendell Holmes Jr. published a short volume called "The Common Law", which remains a classic in the field. Unlike Blackstone and the Restatements, Holmes' book only briefly discusses what the law "is"; rather, Holmes describes the common law "process". Law professor John Chipman Gray's "The Nature and Sources of the Law", an examination and survey of the common law, is also still commonly read in U.S. law schools.
In the United States, Restatements of various subject matter areas (Contracts, Torts, Judgments, and so on.), edited by the American Law Institute, collect the common law for the area. The ALI Restatements are often cited by American courts and lawyers for propositions of uncodified common law, and are considered highly persuasive authority, just below binding precedential decisions. The Corpus Juris Secundum is an encyclopedia whose main content is a compendium of the common law and its variations throughout the various state jurisdictions. Scots "common law" covers matters including murder and theft, and has sources in custom, in legal writings and previous court decisions. The legal writings used are called "Institutional Texts" and come mostly from the 17th, 18th and 19th centuries. Examples include Craig, "Jus Feudale" (1655) and Stair, "The Institutions of the Law of Scotland" (1681).
Court of appeals (disambiguation) A court of appeals is generally an appellate court. Court of Appeals may refer to:
Common descent Common descent is a concept in evolutionary biology applicable when one species is the ancestor of two or more species later in time. According to modern evolutionary biology, all living beings could be descendants of a unique ancestor commonly referred to as the last universal common ancestor (LUCA) of all life on Earth. Common descent is an effect of speciation, in which multiple species derive from a single ancestral population. The more recent the ancestral population two species have in common, the more closely they are related. The most recent common ancestor of all currently living organisms is the last universal ancestor, which lived about 3.9 billion years ago. The two earliest pieces of evidence for life on Earth are graphite found to be biogenic in 3.7 billion-year-old metasedimentary rocks discovered in western Greenland and microbial mat fossils found in 3.48 billion-year-old sandstone discovered in Western Australia. All currently living organisms on Earth share a common genetic heritage, though the suggestion of substantial horizontal gene transfer during early evolution has led to questions about the monophyly (single ancestry) of life. 6,331 groups of genes common to all living animals have been identified; these may have arisen from a single common ancestor that lived 650 million years ago in the Precambrian.
Universal common descent through an evolutionary process was first proposed by the British naturalist Charles Darwin in the concluding sentence of his 1859 book "On the Origin of Species": History. The idea that all living things (including things considered non-living by science) are related is a recurring theme in many indigenous worldviews across the world. Later on, in the 1740s, the French mathematician Pierre Louis Maupertuis arrived at the idea that all organisms had a common ancestor, and had diverged through random variation and natural selection. In 1790, the philosopher Immanuel Kant wrote in "Kritik der Urteilskraft" ("Critique of Judgment") that the similarity of animal forms implies a common original type, and thus a common parent. In 1794, Charles Darwin's grandfather, Erasmus Darwin asked: [W]ould it be too bold to imagine, that in the great length of time, since the earth began to exist, perhaps millions of ages before the commencement of the history of mankind, would it be too bold to imagine, that all warm-blooded animals have arisen from one living filament, which endued with animality, with the power of acquiring new parts attended with new propensities, directed by irritations, sensations, volitions, and associations; and thus possessing the faculty of continuing to improve by its own inherent activity, and of delivering down those improvements by generation to its posterity, world without end?
Charles Darwin's views about common descent, as expressed in "On the Origin of Species", were that it was probable that there was only one progenitor for all life forms: Therefore I should infer from analogy that probably all the organic beings which have ever lived on this earth have descended from some one primordial form, into which life was first breathed. But he precedes that remark by, "Analogy would lead me one step further, namely, to the belief that all animals and plants have descended from some one prototype. But analogy may be a deceitful guide." And in the subsequent edition, he asserts rather, "We do not know all the possible transitional gradations between the simplest and the most perfect organs; it cannot be pretended that we know all the varied means of Distribution during the long lapse of years, or that we know how imperfect the Geological Record is. Grave as these several difficulties are, in my judgment they do not overthrow the theory of descent from a few created forms with subsequent modification".
Common descent was widely accepted amongst the scientific community after Darwin's publication. In 1907, Vernon Kellogg commented that "practically no naturalists of position and recognized attainment doubt the theory of descent." In 2008, biologist T. Ryan Gregory noted that: No reliable observation has ever been found to contradict the general notion of common descent. It should come as no surprise, then, that the scientific community at large has accepted evolutionary descent as a historical reality since Darwin's time and considers it among the most reliably established and fundamentally important facts in all of science. Evidence. Common biochemistry. All known forms of life are based on the same fundamental biochemical organization: genetic information encoded in DNA, transcribed into RNA, through the effect of protein- and RNA-enzymes, then translated into proteins by (highly similar) ribosomes, with ATP, NADPH and others as energy sources. Analysis of small sequence differences in widely shared substances such as cytochrome c further supports universal common descent. Some 23 proteins are found in all organisms, serving as enzymes carrying out core functions like DNA replication. The fact that only one such set of enzymes exists is convincing evidence of a single ancestry. 6,331 genes common to all living animals have been identified; these may have arisen from a single common ancestor that lived 650 million years ago in the Precambrian.
Common genetic code. The genetic code (the "translation table" according to which DNA information is translated into amino acids, and hence proteins) is nearly identical for all known lifeforms, from bacteria and archaea to animals and plants. The universality of this code is generally regarded by biologists as definitive evidence in favor of universal common descent. The way that codons (DNA triplets) are mapped to amino acids seems to be strongly optimised. Richard Egel argues that in particular the hydrophobic (non-polar) side-chains are well organised, suggesting that these enabled the earliest organisms to create peptides with water-repelling regions able to support the essential electron exchange (redox) reactions for energy transfer. Selectively neutral similarities.
Other similarities. Biologists often point to the universality of many aspects of cellular life as supportive evidence to the more compelling evidence listed above. These similarities include the energy carrier adenosine triphosphate (ATP), and the fact that all amino acids found in proteins are left-handed. It is, however, possible that these similarities resulted because of the laws of physics and chemistry - rather than through universal common descent - and therefore resulted in convergent evolution. In contrast, there is evidence for homology of the central subunits of transmembrane ATPases throughout all living organisms, especially how the rotating elements are bound to the membrane. This supports the assumption of a LUCA as a cellular organism, although primordial membranes may have been semipermeable and evolved later to the membranes of modern bacteria, and on a second path to those of modern archaea also. Phylogenetic trees. Another important piece of evidence is from detailed phylogenetic trees (i.e., "genealogic trees" of species) mapping out the proposed divisions and common ancestors of all living species. In 2010, Douglas L. Theobald published a statistical analysis of available genetic data, mapping them to phylogenetic trees, that gave "strong quantitative support, by a formal test, for the unity of life."
Traditionally, these trees have been built using morphological methods, such as appearance, embryology, etc. Recently, it has been possible to construct these trees using molecular data, based on similarities and differences between genetic and protein sequences. All these methods produce essentially similar results, even though most genetic variation has no influence over external morphology. That phylogenetic trees based on different types of information agree with each other is strong evidence of a real underlying common descent. Objections. Gene exchange clouds phylogenetic analysis. Theobald noted that substantial horizontal gene transfer could have occurred during early evolution. Bacteria today remain capable of gene exchange between distantly-related lineages. This weakens the basic assumption of phylogenetic analysis, that similarity of genomes implies common ancestry, because sufficient gene exchange would allow lineages to share much of their genome whether or not they shared an ancestor (monophyly). This has led to questions about the single ancestry of life. However, biologists consider it very unlikely that completely unrelated proto-organisms could have exchanged genes, as their different coding mechanisms would have resulted only in garble rather than functioning systems. Later, however, many organisms all derived from a single ancestor could readily have shared genes that all worked in the same way, and it appears that they have.
Convergent evolution. If early organisms had been driven by the same environmental conditions to evolve similar biochemistry convergently, they might independently have acquired similar genetic sequences. Theobald's "formal test" was accordingly criticised by Takahiro Yonezawa and colleagues for not including consideration of convergence. They argued that Theobald's test was insufficient to distinguish between the competing hypotheses. Theobald has defended his method against this claim, arguing that his tests distinguish between phylogenetic structure and mere sequence similarity. Therefore, Theobald argued, his results show that "real universally conserved proteins are homologous." RNA world. The possibility is mentioned, above, that all living organisms may be descended from an original single-celled organism with a DNA genome, and that this implies a single origin for life. Although such a universal common ancestor may have existed, such a complex entity is unlikely to have arisen spontaneously from non-life and thus a cell with a DNA genome cannot reasonably be regarded as the origin of life. To understand the origin of life, it has been proposed that DNA based cellular life descended from relatively simple pre-cellular self-replicating RNA molecules able to undergo natural selection. During the course of evolution, this RNA world was replaced by the evolutionary emergence of the DNA world. A world of independently self-replicating RNA genomes apparently no longer exists (RNA viruses are dependent on host cells with DNA genomes). Because the RNA world is apparently gone, it is not clear how scientific evidence could be brought to bear on the question of whether there was a single origin of life event from which all life descended.
Celtic music Celtic music is a broad grouping of music genres that evolved out of the folk music traditions of the Celtic people of Northwestern Europe (the modern Celtic nations). It refers to both orally-transmitted traditional music and recorded music and the styles vary considerably to include everything from traditional music to a wide range of hybrids. Description and definition. "Celtic music" means two things mainly. First, it is the music of the people that identify themselves as Celts. Secondly, it refers to whatever qualities may be unique to the music of the Celtic nations. Many notable Celtic musicians such as Alan Stivell and Paddy Moloney claim that the different Celtic music genres have a lot in common.
Instruments associated with Celtic Music include the Celtic harp, uilleann pipes or Great Highland bagpipe, fiddle, tin whistle, flute, bodhrán, bones, concertina, accordion and a recent addition, the Irish bouzouki. Divisions. In "Celtic Music: A Complete Guide", June Skinner Sawyers acknowledges six Celtic nationalities divided into two groups according to their linguistic heritage. The Q-Celtic nationalities are the Irish, Scottish and Manx peoples, while the P-Celtic groups are the Cornish, Bretons and Welsh peoples. Musician Alan Stivell uses a similar dichotomy, between the Gaelic (Irish/Scottish/Manx) and the Brythonic (Breton/Welsh/Cornish) branches, which differentiate "mostly by the extended range (sometimes more than two octaves) of Irish and Scottish melodies and the closed range of Breton and Welsh melodies (often reduced to a half-octave), and by the frequent use of the pure pentatonic scale in Gaelic music."
Breton artist Alan Stivell was one of the earliest musicians to use the word "Celtic" and "Keltia" in his marketing materials, starting in the early 1960s as part of the worldwide folk music revival of that era with the term quickly catching on with other artists worldwide. Today, the genre is well established and incredibly diverse. Forms. There are musical genres and styles specific to each Celtic country, due in part to the influence of individual song traditions and the characteristics of specific languages: Festivals. The modern Celtic music scene involves a large number of music festivals, as it has traditionally. Some of the most prominent festivals focused solely on music include: Celtic fusion. The oldest musical tradition which fits under the label of Celtic fusion originated in the rural American south in the early colonial period and incorporated English, Scottish, Irish, Welsh, German, and African influences. Variously referred to as roots music, American folk music, or old-time music, this tradition has exerted a strong influence on all forms of American music, including country, blues, and rock and roll. In addition to its lasting effects on other genres, it marked the first modern large-scale mixing of musical traditions from multiple ethnic and religious communities within the Celtic diaspora.
In the 1960s several bands put forward modern adaptations of Celtic music pulling influences from several of the Celtic nations at once to create a modern pan-celtic sound. A few of those include bagadoù (Breton pipe bands), Fairport Convention, Pentangle, Steeleye Span and Horslips. In the 1970s Clannad made their mark initially in the folk and traditional scene, and then subsequently went on to bridge the gap between traditional Celtic and pop music in the 1980s and 1990s, incorporating elements from new-age, smooth jazz, and folk rock. Traces of Clannad's legacy can be heard in the music of many artists, including Altan, Anúna, Capercaillie, the Corrs, Dexys Midnight Runners, Enya, Loreena McKennitt, Riverdance, Donna Taggart, and U2. The solo music of Clannad's lead singer, Moya Brennan (often referred to as the First Lady of Celtic Music) has further enhanced this influence. Later, beginning in 1982 with the Pogues' invention of Celtic folk-punk and Stockton's Wing blend of Irish traditional and Pop, Rock and Reggae, there has been a movement to incorporate Celtic influences into other genres of music. Bands like Flogging Molly, Black 47, Dropkick Murphys, the Young Dubliners, the Tossers introduced a hybrid of Celtic rock, punk, reggae, hardcore and other elements in the 1990s that has become popular with Irish-American youth.
Today there are Celtic-influenced subgenres of virtually every type of popular music including electronica, rock, metal, punk, hip hop, reggae, new-age, Latin, Andean and pop. Collectively these modern interpretations of Celtic music are sometimes referred to as Celtic fusion. Other modern adaptations. Outside of America, the first deliberate attempts to create a "Pan-Celtic music" were made by the Breton Taldir Jaffrennou, having translated songs from Ireland, Scotland, and Wales into Breton between the two world wars. One of his major works was to bring "Hen Wlad Fy Nhadau" (the Welsh national anthem) back in Brittany and create lyrics in Breton. Eventually this song became "Bro goz va zadoù" ("Old land of my fathers") and is the most widely accepted Breton anthem. In the 70s, the Breton Alan Cochevelou (future Alan Stivell) began playing a mixed repertoire from the main Celtic countries on the Celtic harp his father created. Probably the most successful all-inclusive Celtic music composition in recent years is Shaun Daveys composition "The Pilgrim". This suite depicts the journey of St. Colum Cille through the Celtic nations of Ireland, Scotland, the Isle of Man, Wales, Cornwall, Brittany and Galicia. The suite which includes a Scottish pipe band, Irish and Welsh harpists, Galician gaitas, Irish uilleann pipes, the bombardes of Brittany, two vocal soloists and a narrator is set against a background of a classical orchestra and a large choir.
Modern music may also be termed "Celtic" because it is written and recorded in a Celtic language, regardless of musical style. Many of the Celtic languages have experienced resurgences in modern years, spurred on partly by the action of artists and musicians who have embraced them as hallmarks of identity and distinctness. In 1971, the Irish band "Skara Brae" recorded its only LP (simply called "Skara Brae"), all songs in Irish. In 1978 Runrig recorded an album in Scottish Gaelic. In 1992 Capercaillie recorded "A Prince Among Islands", the first Scottish Gaelic language record to reach the UK top 40. In 1996, a song in Breton represented France in the 41st Eurovision Song Contest, the first time in history that France had a song without a word in French. Since about 2005, Oi Polloi (from Scotland) have recorded in Scottish Gaelic. Mill a h-Uile Rud (a Scottish Gaelic punk band from Seattle) recorded in the language in 2004. Several contemporary bands have Welsh language songs, such as Ceredwen, which fuses traditional instruments with trip hop beats, the Super Furry Animals, Fernhill, and so on (see the Music of Wales article for more Welsh and Welsh-language bands). The same phenomenon occurs in Brittany, where many singers record songs in Breton, traditional or modern (hip hop, rap, and so on.).
Constellation A constellation is an area on the celestial sphere in which a group of visible stars forms a perceived pattern or outline, typically representing an animal, mythological subject, or inanimate object. The first constellations were likely defined in prehistory. People used them to relate stories of their beliefs, experiences, creation, and mythology. Different cultures and countries invented their own constellations, some of which lasted into the early 20th century before today's constellations were internationally recognized. The recognition of constellations has changed significantly over time. Many changed in size or shape. Some became popular, only to drop into obscurity. Some were limited to a single culture or nation. Naming constellations also helped astronomers and navigators identify stars more easily. Twelve (or thirteen) ancient constellations belong to the zodiac (straddling the ecliptic, which the Sun, Moon, and planets all traverse). The origins of the zodiac remain historically uncertain; its astrological divisions became prominent in Babylonian or Chaldean astronomy. Constellations appear in Western culture via Greece and are mentioned in the works of Hesiod, Eudoxus and Aratus. The traditional 48 constellations, consisting of the zodiac and 36 more (now 38, following the division of Argo Navis into three constellations) are listed by Ptolemy, a Greco-Roman astronomer from Alexandria, Egypt, in his "Almagest". The formation of constellations was the subject of extensive mythology, most notably in the "Metamorphoses" of the Latin poet Ovid. Constellations in the far southern sky were added from the 15th century until the mid-18th century when European explorers began traveling to the Southern Hemisphere. Due to Roman and European transmission, each constellation has a Latin name.
In 1922, the International Astronomical Union (IAU) formally accepted the modern list of 88 constellations, and in 1928 adopted official constellation boundaries that together cover the entire celestial sphere. Any given point in a celestial coordinate system lies in one of the modern constellations. Some astronomical naming systems include the constellation where a given celestial object is found to convey its approximate location in the sky. The Flamsteed designation of a star, for example, consists of a number and the genitive form of the constellation's name. Other star patterns or groups called asterisms are not constellations under the formal definition, but are also used by observers to navigate the night sky. Asterisms may be several stars within a constellation, or they may share stars with more than one constellation. Examples of asterisms include the teapot within the constellation Sagittarius, or the big dipper in the constellation of Ursa Major. Terminology. The word "constellation" comes from the Late Latin term , which can be translated as "set of stars"; it came into use in Middle English during the 14th century. The Ancient Greek word for constellation is ἄστρον (). These terms historically referred to any recognisable pattern of stars whose appearance was associated with mythological characters or creatures, earthbound animals, or objects. Over time, among European astronomers, the constellations became clearly defined and widely recognised. In the 20th century, the International Astronomical Union (IAU) recognized 88 constellations.
A constellation or star that never sets below the horizon when viewed from a particular latitude on Earth is termed circumpolar. From the North Pole or South Pole, all constellations south or north of the celestial equator are circumpolar. Depending on the definition, equatorial constellations may include those that lie between declinations 45° north and 45° south, or those that pass through the declination range of the ecliptic (or zodiac) ranging between 23.5° north and 23.5° south. Stars in constellations can appear near each other in the sky, but they usually lie at a variety of distances away from the Earth. Since each star has its own independent motion, all constellations will change slowly over time. After tens to hundreds of thousands of years, familiar outlines will become unrecognizable. Astronomers can predict the past or future constellation outlines by measuring common proper motions of individual stars by accurate astrometry and their radial velocities by astronomical spectroscopy. The 88 constellations recognized by the IAU as well as those by cultures throughout history are imagined figures and shapes derived from the patterns of stars in the observable sky. Many officially recognized constellations are based on the imaginations of ancient, Near Eastern and Mediterranean mythologies. Some of these stories seem to relate to the appearance of the constellations, e.g. the assassination of Orion by Scorpius, their constellations appearing at opposite times of year.
Observation. Constellation positions change throughout the year due to night on Earth occurring at gradually different portions of its orbit around the Sun. As Earth rotates toward the east, the celestial sphere appears to rotate west, with stars circling counterclockwise around the northern pole star and clockwise around the southern pole star. Because of Earth's 23.5° axial tilt, the zodiac is distributed equally across hemispheres (along the ecliptic), approximating a great circle. Zodiacal constellations of the northern sky are Pisces, Aries, Taurus, Gemini, Cancer, and Leo. In the southern sky are Virgo, Libra, Scorpius, Sagittarius, Capricornus, and Aquarius. The zodiac appears directly overhead from latitudes of 23.5° north to 23.5° south, depending on the time of year. In summer, the ecliptic appears higher up in the daytime and lower at night, while in winter the reverse is true, for both hemispheres. Due to the Solar System's 60° tilt, the galactic plane of the Milky Way is inclined 60° from the ecliptic, between Taurus and Gemini (north) and Scorpius and Sagittarius (south and near which the Galactic Center can be found). The galaxy appears to pass through Aquila (near the celestial equator) and northern constellations Cygnus, Cassiopeia, Perseus, Auriga, and Orion (near Betelgeuse), as well as Monoceros (near the celestial equator), and southern constellations Puppis, Vela, Carina, Crux, Centaurus, Triangulum Australe, and Ara.
Northern hemisphere. Polaris, being the North Star, is the approximate center of the northern celestial hemisphere. It is part of Ursa Minor, constituting the end of the Little Dipper's handle. From latitudes of around 35° north, in January, Ursa Major (containing the Big Dipper) appears to the northeast, while Cassiopeia is the northwest. To the west are Pisces (above the horizon) and Aries. To the southwest Cetus is near the horizon. Up high and to the south are Orion and Taurus. To the southeast above the horizon is Canis Major. Appearing above and to the east of Orion is Gemini: also in the east (and progressively closer to the horizon) are Cancer and Leo. In addition to Taurus, Perseus and Auriga appear overhead. From the same latitude, in July, Cassiopeia (low in the sky) and Cepheus appear to the northeast. Ursa Major is now in the northwest. Boötes is high up in the west. Virgo is to the west, with Libra southwest and Scorpius south. Sagittarius and Capricorn are southeast. Cygnus (containing the Northern Cross) is to the east. Hercules is high in the sky along with Corona Borealis.
Southern hemisphere. January constellations include Pictor and Reticulum (near Hydrus and Mensa, respectively). In July, Ara (adjacent to Triangulum Australe) and Scorpius can be seen. Constellations near the pole star include Chamaeleon, Apus and Triangulum Australe (near Centaurus), Pavo, Hydrus, and Mensa. Sigma Octantis is the closest star approximating a southern pole star, but is faint in the night sky. Thus, the pole can be triangulated using the constellation Crux as well as the stars Alpha and Beta Centauri (about 30° counterclockwise from Crux) of the constellation Centaurus (arching over Crux). History of the early constellations. Lascaux Caves, southern France. It has been suggested that the 17,000-year-old cave paintings in Lascaux, southern France, depict star constellations such as Taurus, Orion's Belt, and the Pleiades. However, this view is not generally accepted among scientists. Mesopotamia. Inscribed stones and clay writing tablets from Mesopotamia (in modern Iraq) dating to 3000 BC provide the earliest generally accepted evidence for humankind's identification of constellations. It seems that the bulk of the Mesopotamian constellations were created within a relatively short interval from around 1300 to 1000 BC. Mesopotamian constellations appeared later in many of the classical Greek constellations.
Ancient Near East. The oldest Babylonian catalogues of stars and constellations date back to the beginning of the Middle Bronze Age, most notably the "Three Stars Each" texts and the "MUL.APIN", an expanded and revised version based on more accurate observation from around 1000 BC. However, the numerous Sumerian names in these catalogues suggest that they built on older, but otherwise unattested, Sumerian traditions of the Early Bronze Age. The classical Zodiac is a revision of Neo-Babylonian constellations from the 6th century BC. The Greeks adopted the Babylonian constellations in the 4th century BC. Twenty Ptolemaic constellations are from the Ancient Near East. Another ten have the same stars but different names. Biblical scholar E. W. Bullinger interpreted some of the creatures mentioned in the books of Ezekiel and Revelation as the middle signs of the four-quarters of the Zodiac, with the Lion as Leo, the Bull as Taurus, the Man representing Aquarius, and the Eagle standing in for Scorpio. The biblical Book of Job also makes reference to a number of constellations, including "bier", "fool" and "heap" (Job 9:9, 38:31–32), rendered as "Arcturus, Orion and Pleiades" by the KJV, but "‘Ayish" "the bier" actually corresponding to Ursa Major. The term "Mazzaroth" , translated as "a garland of crowns", is a "hapax legomenon" in Job 38:32, and it might refer to the zodiacal constellations.
Classical antiquity. There is only limited information on ancient Greek constellations, with some fragmentary evidence being found in the "Works and Days" of the Greek poet Hesiod, who mentioned the "heavenly bodies". Greek astronomy essentially adopted the older Babylonian system in the Hellenistic era, first introduced to Greece by Eudoxus of Cnidus in the 4th century BC. The original work of Eudoxus is lost, but it survives as a versification by Aratus, dating to the 3rd century BC. The most complete existing works dealing with the mythical origins of the constellations are by the Hellenistic writer termed pseudo-Eratosthenes and an early Roman writer styled pseudo-Hyginus. The basis of Western astronomy as taught during Late Antiquity and until the Early Modern period is the "Almagest" by Ptolemy, written in the 2nd century. In the Ptolemaic Kingdom, native Egyptian tradition of anthropomorphic figures represented the planets, stars, and various constellations. Some of these were combined with Greek and Babylonian astronomical systems culminating in the Zodiac of Dendera; it remains unclear when this occurred, but most were placed during the Roman period between 2nd to 4th centuries AD. The oldest known depiction of the zodiac showing all the now familiar constellations, along with some original Egyptian constellations, decans, and planets. Ptolemy's "Almagest" remained the standard definition of constellations in the medieval period both in Europe and in Islamic astronomy.
Ancient China. Ancient China had a long tradition of observing celestial phenomena. Nonspecific Chinese star names, later categorized in the twenty-eight mansions, have been found on oracle bones from Anyang, dating back to the middle Shang dynasty. These constellations are some of the most important observations of Chinese sky, attested from the 5th century BC. The Chinese system developed independently from the Greco-Roman system, although there may have been earlier mutual influence, suggested by parallels to ancient Babylonian astronomy. Three schools of classical Chinese astronomy in the Han period are attributed to astronomers of the earlier Warring States period. The constellations of the three schools were conflated into a single system by Chen Zhuo, an astronomer of the 3rd century (Three Kingdoms period). Chen Zhuo's work has been lost, but information on his system of constellations survives in Tang period records, notably by Qutan Xida. The oldest extant Chinese star chart dates to that period and was preserved as part of the Dunhuang Manuscripts. Native Chinese astronomy flourished during the Song dynasty, and during the Yuan dynasty became increasingly influenced by medieval Islamic astronomy (see Treatise on Astrology of the Kaiyuan Era). As maps were prepared during this period on more scientific lines, they were considered as more reliable.
A well-known map from the Song period is the Suzhou Astronomical Chart, which was prepared with carvings of stars on the planisphere of the Chinese sky on a stone plate; it is done accurately based on observations, and it shows the 1054 supernova in Taurus. Influenced by European astronomy during the late Ming dynasty, charts depicted more stars but retained the traditional constellations. Newly observed stars were incorporated as supplementary to old constellations in the southern sky, which did not depict the traditional stars recorded by ancient Chinese astronomers. Further improvements were made during the later part of the Ming dynasty by Xu Guangqi and Johann Adam Schall von Bell, the German Jesuit and was recorded in Chongzhen Lishu (Calendrical Treatise of Chongzhen period, 1628). Traditional Chinese star maps incorporated 23 new constellations with 125 stars of the southern hemisphere of the sky based on the knowledge of Western star charts; with this improvement, the Chinese Sky was integrated with the World astronomy.
Early modern astronomy. Historically, the origins of the constellations of the northern and southern skies are distinctly different. Most northern constellations date to antiquity, with names based mostly on Classical Greek legends. Evidence of these constellations has survived in the form of star charts, whose oldest representation appears on the statue known as the Farnese Atlas, based perhaps on the star catalogue of the Greek astronomer Hipparchus. Southern constellations are more modern inventions, sometimes as substitutes for ancient constellations (e.g. Argo Navis). Some southern constellations had long names that were shortened to more usable forms; e.g. Musca Australis became simply Musca. Some of the early constellations were never universally adopted. Stars were often grouped into constellations differently by different observers, and the arbitrary constellation boundaries often led to confusion as to which constellation a celestial object belonged. Before astronomers delineated precise boundaries (starting in the 19th century), constellations generally appeared as ill-defined regions of the sky. Today they now follow officially accepted designated lines of right ascension and declination based on those defined by Benjamin Gould in epoch 1875.0 in his star catalogue "Uranometria Argentina".
The 1603 star atlas "Uranometria" of Johann Bayer assigned stars to individual constellations and formalized the division by assigning a series of Greek and Latin letters to the stars within each constellation. These are known today as Bayer designations. Subsequent star atlases led to the development of today's accepted modern constellations. Origin of the southern constellations. The southern sky, below about −65° declination, was only partially catalogued by ancient Babylonians, Egyptians, Greeks, Chinese, and Persian astronomers of the north. The knowledge that northern and southern star patterns differed goes back to Classical writers, who describe, for example, the African circumnavigation expedition commissioned by Egyptian Pharaoh Necho II in c. 600 BC and those of Hanno the Navigator in c. 500 BC. The history of southern constellations is not straightforward. Different groupings and different names were proposed by various observers, some reflecting national traditions or designed to promote various sponsors. Southern constellations were important from the 14th to 16th centuries, when sailors used the stars for celestial navigation. Italian explorers who recorded new southern constellations include Andrea Corsali, Antonio Pigafetta, and Amerigo Vespucci.
Many of the 88 IAU-recognized constellations in this region first appeared on celestial globes developed in the late 16th century by Petrus Plancius, based mainly on observations of the Dutch navigators Pieter Dirkszoon Keyser and Frederick de Houtman. These became widely known through Johann Bayer's star atlas "Uranometria" of 1603. more were created in 1763 by the French astronomer Nicolas Louis de Lacaille, who also split the ancient constellation Argo Navis into three; these new figures appeared in his star catalogue, published in 1756. Several modern proposals have not survived. The French astronomers Pierre Lemonnier and Joseph Lalande, for example, proposed constellations that were once popular but have since been dropped. The northern constellation Quadrans Muralis survived into the 19th century (when its name was attached to the Quadrantid meteor shower), but is now divided between Boötes and Draco. 88 modern constellations. A list of 88 constellations was produced for the IAU in 1922. It is roughly based on the traditional Greek constellations listed by Ptolemy in his "Almagest" in the 2nd century and Aratus' work "Phenomena", with early modern modifications and additions (most importantly introducing constellations covering the parts of the southern sky unknown to Ptolemy) by Petrus Plancius (1592, 1597/98 and 1613), Johannes Hevelius (1690) and Nicolas Louis de Lacaille (1763), who introduced fourteen new constellations. Lacaille studied the stars of the southern hemisphere from 1751 until 1752 from the Cape of Good Hope, when he was said to have observed more than 10,000 stars using a refracting telescope with an aperture of .
In 1922, Henry Norris Russell produced a list of 88 constellations with three-letter abbreviations for them. However, these constellations did not have clear borders between them. In 1928, the IAU formally accepted the 88 modern constellations, with contiguous boundaries along vertical and horizontal lines of right ascension and declination developed by Eugene Delporte that, together, cover the entire celestial sphere; this list was finally published in 1930. Where possible, these modern constellations usually share the names of their Graeco-Roman predecessors, such as Orion, Leo, or Scorpius. The aim of this system is area-mapping, i.e. the division of the celestial sphere into contiguous fields. Out of the 88 modern constellations, 36 lie predominantly in the northern sky, and the other 52 predominantly in the southern. The boundaries developed by Delporte used data that originated back to epoch B1875.0, which was when Benjamin A. Gould first made his proposal to designate boundaries for the celestial sphere, a suggestion on which Delporte based his work. The consequence of this early date is that because of the precession of the equinoxes, the borders on a modern star map, such as epoch J2000, are already somewhat skewed and no longer perfectly vertical or horizontal. This effect will increase over the years and centuries to come.
Symbols. The constellations have no official symbols, though those of the ecliptic may take the signs of the zodiac. Symbols for the other modern constellations, as well as older ones that still occur in modern nomenclature, have occasionally been published. Dark cloud constellations. The Great Rift, a series of dark patches in the Milky Way, is most visible in the southern sky. Some cultures have discerned shapes in these patches. Members of the Inca civilization identified various dark areas or dark nebulae in the Milky Way as animals and associated their appearance with the seasonal rains. Australian Aboriginal astronomy also describes dark cloud constellations, the most famous being the "emu in the sky" whose head is formed by the Coalsack, a dark nebula, instead of the stars. References. Footnotes Citations
Car (disambiguation) A car is a motor vehicle with wheels. Car, Cars, CAR or CARS may also refer to:
Printer (computing) In computing, a printer is a peripheral machine which makes a durable representation of graphics or text, usually on paper. While most output is human-readable, bar code printers are an example of an expanded use for printers. Different types of printers include 3D printers, inkjet printers, laser printers, and thermal printers. History. The first computer printer designed was a mechanically driven apparatus by Charles Babbage for his difference engine in the 19th century; however, his mechanical printer design was not built until 2000. The first patented printing mechanism for applying a marking medium to a recording medium or more particularly an electrostatic inking apparatus and a method for electrostatically depositing ink on controlled areas of a receiving medium, was in 1962 by C. R. Winston, Teletype Corporation, using continuous inkjet printing. The ink was a red stamp-pad ink manufactured by Phillips Process Company of Rochester, NY under the name Clear Print. This patent (US3060429) led to the Teletype Inktronic Printer product delivered to customers in late 1966.
The first compact, lightweight digital printer was the EP-101, invented by Japanese company Epson and released in 1968, according to Epson. The first commercial printers generally used mechanisms from electric typewriters and Teletype machines. The demand for higher speed led to the development of new systems specifically for computer use. In the 1980s there were daisy wheel systems similar to typewriters, line printers that produced similar output but at much higher speed, and dot-matrix systems that could mix text and graphics but produced relatively low-quality output. The plotter was used for those requiring high-quality line art like blueprints. The introduction of the low-cost laser printer in 1984, with the first HP LaserJet, and the addition of PostScript in next year's Apple LaserWriter set off a revolution in printing known as desktop publishing. Laser printers using PostScript mixed text and graphics, like dot-matrix printers, but at quality levels formerly available only from commercial typesetting systems. By 1990, most simple printing tasks like fliers and brochures were now created on personal computers and then laser printed; expensive offset printing systems were being dumped as scrap. The HP Deskjet of 1988 offered the same advantages as a laser printer in terms of flexibility, but produced somewhat lower-quality output (depending on the paper) from much less-expensive mechanisms. Inkjet systems rapidly displaced dot-matrix and daisy-wheel printers from the market. By the 2000s, high-quality printers of this sort had fallen under the $100 price point and became commonplace.
The rapid improvement of internet email through the 1990s and into the 2000s has largely displaced the need for printing as a means of moving documents, and a wide variety of reliable storage systems means that a "physical backup" is of little benefit today. Starting around 2010, 3D printing became an area of intense interest, allowing the creation of physical objects with the same sort of effort as an early laser printer required to produce a brochure. As of the 2020s, 3D printing has become a widespread hobby due to the abundance of cheap 3D printer kits, with the most common process being Fused deposition modeling. Types. Personal printer. "Personal" printers are mainly designed to support individual users, and may be connected to only a single computer. These printers are designed for low-volume, short-turnaround print jobs, requiring minimal setup time to produce a hard copy of a given document. They are generally slow devices ranging from 6 to around 25 pages per minute (ppm), and the cost per page is relatively high. However, this is offset by the on-demand convenience. Some printers can print documents stored on memory cards or from digital cameras and scanners.
Networked printer. "Networked" or "shared" printers are "designed for high-volume, high-speed printing". They are usually shared by many users on a network and can print at speeds of 45 to around 100 ppm. The Xerox 9700 could achieve 120 ppm. An "ID Card printer" is used for printing plastic ID cards. These can now be customised with important features such as holographic overlays, HoloKotes and watermarks. This is either a direct to card printer (the more feasible option) or a retransfer printer. Virtual printer. A "virtual printer" is a piece of computer software whose user interface and API resembles that of a printer driver, but which is not connected with a physical computer printer. A virtual printer can be used to create a file which is an image of the data which would be printed, for archival purposes or as input to another program, for example to create a PDF or to transmit to another system or user. Barcode printer. A "barcode printer" is a computer peripheral for printing barcode labels or tags that can be attached to, or printed directly on, physical objects. Barcode printers are commonly used to label cartons before shipment, or to label retail items with UPCs or EANs. 3D printer.
A "3D printer" is a device for making a three-dimensional object from a 3D model or other electronic data source through additive processes in which successive layers of material (including plastics, metals, food, cement, wood, and other materials) are laid down under computer control. It is called a printer by analogy with an inkjet printer which produces a two-dimensional document by a similar process of depositing a layer of ink on paper. ID card printer. A card printer is an electronic desktop printer with single card feeders which print and personalize plastic cards. In this respect they differ from, for example, label printers which have a continuous supply feed. Card dimensions are usually 85.60 × 53.98 mm, standardized under ISO/IEC 7810 as ID-1. This format is also used in EC-cards, telephone cards, credit cards, driver's licenses and health insurance cards. This is commonly known as the bank card format. Card printers are controlled by corresponding printer drivers or by means of a specific programming language. Generally card printers are designed with laminating, striping, and punching functions, and use desktop or web-based software. The hardware features of a card printer differentiate a card printer from the more traditional printers, as ID cards are usually made of PVC plastic and require laminating and punching. Different card printers can accept different card thickness and dimensions.
The principle is the same for practically all card printers: the plastic card is passed through a thermal print head at the same time as a color ribbon. The color from the ribbon is transferred onto the card through the heat given out from the print head. The standard performance for card printing is 300 dpi (300 dots per inch, equivalent to 11.8 dots per mm). There are different printing processes, which vary in their detail: Variations. Broadly speaking there are three main types of card printers, differing mainly by the method used to print onto the card. They are: Different ID Card Printers use different encoding techniques to facilitate disparate business environments and to support security initiatives. Known encoding techniques are: Software. There are basically two categories of card printer software: desktop-based, and web-based (online). The biggest difference between the two is whether or not a customer has a printer on their network that is capable of printing identification cards. If a business already owns an ID card printer, then a desktop-based badge maker is probably suitable for their needs. Typically, large organizations who have high employee turnover will have their own printer. A desktop-based badge maker is also required if a company needs their IDs make instantly. An example of this is the private construction site that has restricted access. However, if a company does not already have a local (or network) printer that has the features they need, then the web-based option is a perhaps a more affordable solution. The web-based solution is good for small businesses that do not anticipate a lot of rapid growth, or organizations who either can not afford a card printer, or do not have the resources to learn how to set up and use one. Generally speaking, desktop-based solutions involve software, a database (or spreadsheet) and can be installed on a single computer or network.
Other options. Alongside the basic function of printing cards, card printers can also read and encode magnetic stripes as well as contact and contact free RFID chip cards (smart cards). Thus card printers enable the encoding of plastic cards both visually and logically. Plastic cards can also be laminated after printing. Plastic cards are laminated after printing to achieve a considerable increase in durability and a greater degree of counterfeit prevention. Some card printers come with an option to print both sides at the same time, which cuts down the time taken to print and less margin of error. In such printers one side of id card is printed and then the card is flipped in the flip station and other side is printed. Applications. Alongside the traditional uses in time attendance and access control (in particular with photo personalization), countless other applications have been found for plastic cards, e.g. for personalized customer and members' cards, for sports ticketing and in local public transport systems for the production of season tickets, for the production of school and college identity cards as well as for the production of national ID cards.
Technology. The choice of print technology has a great effect on the cost of the printer and cost of operation, speed, quality and permanence of documents, and noise. Some printer technologies do not work with certain types of physical media, such as carbon paper or transparencies. A second aspect of printer technology that is often forgotten is resistance to alteration: liquid ink, such as from an inkjet head or fabric ribbon, becomes absorbed by the paper fibers, so documents printed with liquid ink are more difficult to alter than documents printed with toner or solid inks, which do not penetrate below the paper surface. Cheques can be printed with liquid ink or on special cheque paper with toner anchorage so that alterations may be detected. The machine-readable lower portion of a cheque must be printed using MICR toner or ink. Banks and other clearing houses employ automation equipment that relies on the magnetic flux from these specially printed characters to function properly. Modern print technology.
The following printing technologies are routinely found in modern printers: Laser printers and other toner-based printers. A laser printer rapidly produces high quality text and graphics. As with digital photocopiers and multifunction printers (MFPs), laser printers employ a xerographic printing process but differ from analog photocopiers in that the image is produced by the direct scanning of a laser beam across the printer's photoreceptor. Another toner-based printer is the LED printer which uses an array of LEDs instead of a laser to cause toner adhesion to the print drum. Liquid inkjet printers. Inkjet printers operate by propelling variably sized droplets of liquid ink onto almost any sized page. They are the most common type of computer printer used by consumers. Solid ink printers.
Dye-sublimation printers. A dye-sublimation printer (or dye-sub printer) is a printer that employs a printing process that uses heat to transfer dye to a medium such as a plastic card, paper, or canvas. The process is usually to lay one color at a time using a ribbon that has color panels. Dye-sub printers are intended primarily for high-quality color applications, including color photography; and are less well-suited for text. While once the province of high-end print shops, dye-sublimation printers are now increasingly used as dedicated consumer photo printers. Thermal printers. Thermal printers work by selectively heating regions of special heat-sensitive paper. Monochrome thermal printers are used in cash registers, ATMs, gasoline dispensers and some older inexpensive fax machines. Colors can be achieved with special papers and different temperatures and heating rates for different colors; these colored sheets are not required in black-and-white output. One example is Zink (a portmanteau of "zero ink"). Obsolete and special-purpose printing technologies.
The following technologies are either obsolete, or limited to special applications though most were, at one time, in widespread use. Impact printers. Impact printers rely on a forcible impact to transfer ink to the media. The impact printer uses a print head that either hits the surface of the ink ribbon, pressing the ink ribbon against the paper (similar to the action of a typewriter), or, less commonly, hits the back of the paper, pressing the paper against the ink ribbon (the IBM 1403 for example). All but the dot matrix printer rely on the use of "fully formed characters", letterforms that represent each of the characters that the printer was capable of printing. In addition, most of these printers were limited to monochrome, or sometimes two-color, printing in a single typeface at one time, although bolding and underlining of text could be done by "overstriking", that is, printing two or more impressions either in the same character position or slightly offset. Impact printers varieties include typewriter-derived printers, teletypewriter-derived printers, daisywheel printers, dot matrix printers, and line printers. Dot-matrix printers remain in common use in businesses where multi-part forms are printed. "An overview of impact printing" contains a detailed description of many of the technologies used.
Typewriter-derived printers. Several different computer printers were simply computer-controllable versions of existing electric typewriters. The Friden Flexowriter and IBM Selectric-based printers were the most-common examples. The Flexowriter printed with a conventional typebar mechanism while the Selectric used IBM's well-known "golf ball" printing mechanism. In either case, the letter form then struck a ribbon which was pressed against the paper, printing one character at a time. The maximum speed of the Selectric printer (the faster of the two) was 15.5 characters per second. Teletypewriter-derived printers. The common teleprinter could easily be interfaced with the computer and became very popular except for those computers manufactured by IBM. Some models used a "typebox" that was positioned, in the X- and Y-axes, by a mechanism, and the selected letter form was struck by a hammer. Others used a type cylinder in a similar way as the Selectric typewriters used their type ball. In either case, the letter form then struck a ribbon to print the letterform. Most teleprinters operated at ten characters per second although a few achieved 15 CPS.
Daisy wheel printers. Daisy wheel printers operate in much the same fashion as a typewriter. A hammer strikes a wheel with petals, the "daisy wheel", each petal containing a letter form at its tip. The letter form strikes a ribbon of ink, depositing the ink on the page and thus printing a character. By rotating the daisy wheel, different characters are selected for printing. These printers were also referred to as "letter-quality printers" because they could produce text which was as clear and crisp as a typewriter. The fastest letter-quality printers printed at 30 characters per second. Dot-matrix printers. The term dot matrix printer is used for impact printers that use a matrix of small pins to transfer ink to the page. The advantage of dot matrix over other impact printers is that they can produce graphical images in addition to text; however the text is generally of poorer quality than impact printers that use letterforms ("type"). Dot-matrix printers can be broadly divided into two major classes: Dot matrix printers can either be character-based or line-based (that is, a single horizontal series of pixels across the page), referring to the configuration of the print head.
In the 1970s and '80s, dot matrix printers were one of the more common types of printers used for general use, such as for home and small office use. Such printers normally had either 9 or 24 pins on the print head (early 7 pin printers also existed, which did not print descenders). There was a period during the early home computer era when a range of printers were manufactured under many brands such as the Commodore VIC-1525 using the Seikosha Uni-Hammer system. This used a single solenoid with an oblique striker that would be actuated 7 times for each column of 7 vertical pixels while the head was moving at a constant speed. The angle of the striker would align the dots vertically even though the head had moved one dot spacing in the time. The vertical dot position was controlled by a synchronized longitudinally ribbed platen behind the paper that rotated rapidly with a rib moving vertically seven dot spacings in the time it took to print one pixel column. 24-pin print heads were able to print at a higher quality and started to offer additional type styles and were marketed as Near Letter Quality by some vendors. Once the price of inkjet printers dropped to the point where they were competitive with dot matrix printers, dot matrix printers began to fall out of favour for general use.
Some dot matrix printers, such as the NEC P6300, can be upgraded to print in color. This is achieved through the use of a four-color ribbon mounted on a mechanism (provided in an upgrade kit that replaces the standard black ribbon mechanism after installation) that raises and lowers the ribbons as needed. Color graphics are generally printed in four passes at standard resolution, thus slowing down printing considerably. As a result, color graphics can take up to four times longer to print than standard monochrome graphics, or up to 8-16 times as long at high resolution mode. Dot matrix printers are still commonly used in low-cost, low-quality applications such as cash registers, or in demanding, very high volume applications like invoice printing. Impact printing, unlike laser printing, allows the pressure of the print head to be applied to a stack of two or more forms to print multi-part documents such as sales invoices and credit card receipts using continuous stationery with carbonless copy paper. It also has security advantages as ink impressed into a paper matrix by force is harder to erase invisibly. Dot-matrix printers were being superseded even as receipt printers after the end of the twentieth century.
Line printers. Line printers print an entire line of text at a time. Four principal designs exist. In each case, to print a line, precisely timed hammers strike against the back of the paper at the exact moment that the correct character to be printed is passing in front of the paper. The paper presses forward against a ribbon which then presses against the character form and the impression of the character form is printed onto the paper. Each system could have slight timing issues, which could cause minor misalignment of the resulting printed characters. For drum or typebar printers, this appeared as vertical misalignment, with characters being printed slightly above or below the rest of the line. In chain or bar printers, the misalignment was horizontal, with printed characters being crowded closer together or farther apart. This was much less noticeable to human vision than vertical misalignment, where characters seemed to bounce up and down in the line, so they were considered as higher quality print. Line printers are the fastest of all impact printers and are used for bulk printing in large computer centres. A line printer can print at 1100 lines per minute or faster, frequently printing pages more rapidly than many current laser printers. On the other hand, the mechanical components of line printers operate with tight tolerances and require regular preventive maintenance (PM) to produce a top quality print. They are virtually never used with personal computers and have now been replaced by high-speed laser printers. The legacy of line printers lives on in many operating systems, which use the abbreviations "lp", "lpr", or "LPT" to refer to printers.
Liquid ink electrostatic printers. Liquid ink electrostatic printers use a chemical coated paper, which is charged by the print head according to the image of the document. The paper is passed near a pool of liquid ink with the opposite charge. The charged areas of the paper attract the ink and thus form the image. This process was developed from the process of electrostatic copying. Color reproduction is very accurate, and because there is no heating the scale distortion is less than ±0.1%. (All laser printers have an accuracy of ±1%.) Worldwide, most survey offices used this printer before color inkjet plotters become popular. Liquid ink electrostatic printers were mostly available in width and also 6 color printing. These were also used to print large billboards. It was first introduced by Versatec, which was later bought by Xerox. 3M also used to make these printers. Plotters. Pen-based plotters were an alternate printing technology once common in engineering and architectural firms. Pen-based plotters rely on contact with the paper (but not impact, per se) and special purpose pens that are mechanically run over the paper to create text and images. Since the pens output continuous lines, they were able to produce technical drawings of higher resolution than was achievable with dot-matrix technology. Some plotters used roll-fed paper, and therefore had a minimal restriction on the size of the output in one dimension. These plotters were capable of producing quite sizable drawings.
Other printers. A number of other sorts of printers are important for historical reasons, or for special purpose uses. Attributes. Connectivity. Printers can be connected to computers in many ways: directly by a dedicated data cable such as the USB, through a short-range radio like Bluetooth, a local area network using cables (such as the Ethernet) or radio (such as WiFi), or on a standalone basis without a computer, using a memory card or other portable data storage device. Printer control languages. Most printers other than line printers accept control characters or unique character sequences to control various printer functions. These may range from shifting from lower to upper case or from black to red ribbon on typewriter printers to switching fonts and changing character sizes and colors on raster printers. Early printer controls were not standardized, with each manufacturer's equipment having its own set. The IBM Personal Printer Data Stream (PPDS) became a commonly used command set for dot-matrix printers.
Today, most printers accept one or more page description languages (PDLs). Laser printers with greater processing power frequently offer support for variants of Hewlett-Packard's Printer Command Language (PCL), PostScript or XML Paper Specification. Most inkjet devices support manufacturer proprietary PDLs such as ESC/P. The diversity in mobile platforms have led to various standardization efforts around device PDLs such as the Printer Working Group (PWG's) PWG Raster. Printing speed. The speed of early printers was measured in units of "characters per minute" (cpm) for character printers, or "lines per minute" (lpm) for line printers. Modern printers are measured in "pages per minute" (ppm). These measures are used primarily as a marketing tool, and are not as well standardised as toner yields. Usually pages per minute refers to sparse monochrome office documents, rather than dense pictures which usually print much more slowly, especially color images. Speeds in ppm usually apply to A4 paper in most countries in the world, and letter paper size, about 6% shorter, in North America.
Printing mode. The data received by a printer may be: Some printers can process all four types of data, others not. Today it is possible to print everything (even plain text) by sending ready bitmapped images to the printer. This allows better control over formatting, especially among machines from different vendors. Many printer drivers do not use the text mode at all, even if the printer is capable of it. Monochrome, color and photo printers. A monochrome printer can only produce monochrome images, with only shades of a single color. Most printers can produce only two colors, black (ink) and white (no ink). With half-tonning techniques, however, such a printer can produce acceptable grey-scale images too A color printer can produce images of multiple colors. A photo printer is a color printer that can produce images that mimic the color range (gamut) and resolution of prints made from photographic film. Page yield. The page yield is the number of pages that can be printed from a toner cartridge or ink cartridge—before the cartridge needs to be refilled or replaced.
The actual number of pages yielded by a specific cartridge depends on a number of factors. For a fair comparison, many laser printer manufacturers use the ISO/IEC 19752 process to measure the toner cartridge yield. Economics. In order to fairly compare operating expenses of printers with a relatively small ink cartridge to printers with a larger, more expensive toner cartridge that typically holds more toner and so prints more pages before the cartridge needs to be replaced, many people prefer to estimate operating expenses in terms of cost per page (CPP). Retailers often apply the "razor and blades" model: a company may sell a printer at cost and make profits on the ink cartridge, paper, or some other replacement part. This has caused legal disputes regarding the right of companies other than the printer manufacturer to sell compatible ink cartridges. To protect their business model, several manufacturers invest heavily in developing new cartridge technology and patenting it. Other manufacturers, in reaction to the challenges from using this business model, choose to make more money on printers and less on ink, promoting the latter through their advertising campaigns. Finally, this generates two clearly different proposals: "cheap printer – expensive ink" or "expensive printer – cheap ink". Ultimately, the consumer decision depends on their reference interest rate or their time preference. From an economics viewpoint, there is a clear trade-off between cost per copy and cost of the printer.
Printer steganography. Printer steganography is a type of steganography – "hiding data within data" – produced by color printers, including Brother, Canon, Dell, Epson, HP, IBM, Konica Minolta, Kyocera, Lanier, Lexmark, Ricoh, Toshiba and Xerox brand color laser printers, where tiny yellow dots are added to each page. The dots are barely visible and contain encoded printer serial numbers, as well as date and time stamps. Manufacturers and market share. As of 2020–2021, the largest worldwide vendor of printers is Hewlett-Packard, followed by Canon, Brother, Seiko Epson and Kyocera. Other known vendors include NEC, Ricoh, Xerox, Lexmark, OKI, Sharp, Konica Minolta, Samsung, Kodak, Dell, Toshiba, Star Micronics, Citizen and Panasonic.
Copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by the law of a certain state do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent.
Typically, the public law duration of a copyright expires 50 to 100 years after the creator dies, depending on the jurisdiction. Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the public domain. History. Background. The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. It was associated with a common law and rooted in the civil law system. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re-set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high and significantly supplemented the incomes of many academics. Printing brought profound social changes. The rise in literacy across Europe led to a dramatic increase in the demand for reading matter. Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German-language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success.
Conception. The concept of copyright first developed in England. In reaction to the printing of "scandalous books and pamphlets", the English Parliament passed the Licensing of the Press Act 1662, which required all intended publications to be registered with the government-approved Stationers' Company, giving the Stationers the right to regulate what material could be printed. The Statute of Anne, enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act 1814 extended more rights for authors but did not protect British publications from being reprinted in the US. The Berne International Copyright Convention of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989. In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the "Copyright Act of 1790", modeling it after the Statute of Anne. While the national law protected authors' published works, authority was granted to the states to protect authors' unpublished works. The most recent major overhaul of copyright in the US, the "Copyright Act of 1976", extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law. This act also changed the calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially.
Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In the Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se.
Copyright has developed into a concept that has a significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as sound recordings, films, photographs, software, and architecture. National copyrights. Often seen as the first real copyright law, the 1709 British Statute of Anne gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for a fixed period, after which the copyright expired. It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began: A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws.
The Copyright Clause of the United States, Constitution (1787) authorized copyright legislation: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as a whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. Yet scholars like Lawrence Lessig have argued that copyright terms have been extended beyond the scope imagined by the Framers. Lessig refers to the Copyright Clause as the "Progress Clause" to emphasize the social dimension of intellectual property rights. The original length of copyright in the United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain, so it could be used and built upon by others.
Continental law. In many jurisdictions of the European continent, comparable legal concepts to copyright did exist from the 16th century on but did change under Napoleonic rule into another legal concept: "authors' rights" or "creator's right" laws, from French: "droits d'auteur" and German "Urheberrecht". In many modern-day publications the terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ. Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for. The law is automatically connecting an original work as intellectual property to its creator. Although the concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist. Creator's law was enacted rather late in German speaking states and the economic historian Eckhard Höffner argues that the absence of possibilities to maintain copyright laws in all these states in the early 19th century, encouraged the publishing of low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century. After the introduction of creator's rights, German publishers started to follow English customs, in issuing only expensive book editions for wealthy customers.
Empirical evidence derived from the exogenous differential introduction of author's right (Italian: "diritto d’autore") in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability". International copyright treaties. The 1886 Berne Convention first established recognition of authors' rights among sovereign nations, rather than merely bilaterally. Under the Berne Convention, protective rights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" these protective rights in countries adhering to the Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all intellectual property rights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the rights expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988. Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by the convention. This was a special provision that had been added at the time of 1971 revision of the convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989.
The United States and most Latin American countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as "all rights reserved"), and permitted signatory nations to limit the duration of copyrights to shorter and renewable terms. The Universal Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the Soviet Union and developing nations. The regulations of the Berne Convention are incorporated into the World Trade Organization's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application. In 1961, the United International Bureaux for the Protection of Intellectual Property signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. In 1996, this organization was succeeded by the founding of the World Intellectual Property Organization, which launched the 1996 WIPO Performances and Phonograms Treaty and the 2002 WIPO Copyright Treaty, which enacted greater restrictions on the use of technology to copy works in the nations that ratified it. The Trans-Pacific Partnership includes intellectual property provisions relating to copyright.
Copyright laws and authors' right laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as the European Union require their member states to comply with them. All member states of the World Trade Organization are obliged to establish minimum levels of copyright protection. Nevertheless, important differences between the national regimes continue to exist. Obtaining protection. Ownership. The original holder of the copyright may be the employer of the author rather than the author themself if the work is a "work for hire". For example, in English law the Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire". Typically, the first owner of a copyright is the person who created the work i.e. the author. But when more than one person creates the work, then a case of joint authorship can be made provided some criteria are met.
Eligible works. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction, but these can include poems, theses, fictional characters, plays and other literary works, motion pictures, choreography, musical compositions, sound recordings, paintings, drawings, sculptures, photographs, computer software, radio and television broadcasts, and industrial designs. Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough not to be judged copies of Disney's. Originality. Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some "skill, labour, and judgment" that has gone into it. In Australia and the United Kingdom it has been held that a single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead.
Copyright law recognizes the right of an author based on whether the work actually is an original creation, rather than based on whether it is unique; two authors may own copyright on two substantially identical works, if it is determined that the duplication was coincidental, and neither was copied from the other. Registration. In all countries where the Berne Convention standards apply, copyright is automatic and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce their exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as "prima facie" evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.)
A widely circulated strategy to avoid the cost of copyright registration is referred to as the poor man's copyright. It proposes that the creator send the work to themself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration. The United Kingdom Intellectual Property Office discusses the technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original or establish who created the work. Fixing. The Berne Convention allows member countries to decide whether creative works must be "fixed" to enjoy copyright. Article 2, Section 2 of the Berne Convention states: Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be "fixed in a tangible medium of expression" to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of more than transitory duration". Similarly, Canadian courts consider fixation to require that the work be "expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance".
Note this provision of US law: Copyright notice. Before 1989, United States law required the use of a copyright notice, consisting of the copyright symbol (©, the letter C inside a circle; Unicode ), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. Several years may be noted if the work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter P inside a circle, Unicode ), which indicates a sound recording copyright, with the letter P indicating a "phonorecord". In addition, the phrase "All rights reserved" which indicates that the copyright holder reserves, or holds for their own use was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it. Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however.
In 1989 the United States enacted the "Berne Convention Implementation Act", amending the Copyright Act of 1976 to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce the likelihood of a defense of "innocent infringement" being successful. Publisher's copyright. In the UK, the publisher of a work automatically owns the copyright in the "typographical arrangement of a published work", i.e. its layout and general appearance as a published work. This copyright lasts for 25 years after the end of the year in which the edition containing that arrangement was first published. Enforcement. Copyrights are generally enforced by the holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as the RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. ("See Legal aspects of file sharing")
In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by a direct approach to the infringing party in order to settle the dispute out of court. Self-enforcement measures. With older technology like paintings, books, phonographs, and film, it is generally not feasible for consumers to make copies on their own, so producers can simply require payment when transferring physical possession of the storage medium. The equivalent for digital online content is a paywall. The introduction of the photocopier, cassette tape, and videotape made it easier for consumers to copy materials like books and music, but each time a copy was made, it lost some fidelity. Digital media like text, audio, video, and software (even when stored on physical media like compact discs and DVDs) can be copied losslessly, and shared on the Internet, creating a much bigger threat to producer revenue. Some have used digital rights management technology to restrict non-playback access through encryption and other means. Digital watermarks can be used to trace copies, deterring infringement with a more credible threat of legal consequences. Copy protection is used for both digital and pre-Internet electronic media.
Copyright infringement. For a work to be considered to infringe upon copyright, its use must have occurred in a nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty. Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect. In particular, a 2014 university study concluded that free music content, accessed on YouTube, does not necessarily hurt sales, instead has the potential to increase sales.
According to the IP Commission Report the annual cost of intellectual property infringement to the US economy "continues to exceed $225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $600 billion." A 2019 study sponsored by the US Chamber of Commerce Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year." An August 2021 report by the Digital Citizens Alliance states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $1.34 billion in annual advertising revenues." This comes as a result of users visiting pirate websites who are then subjected to pirated content, malware, and fraud. Rights granted. According to World Intellectual Property Organisation, copyright protects two types of rights. Economic rights allow right owners to derive financial reward from the use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights, or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights.
Economic rights. With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have the owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to the legally recognised rights and interests of others. Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: Moral rights. Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with the authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why the moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world. The Berne Convention, in Article 6bis, requires its members to grant authors the following rights:
These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors' economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with the authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights. Recently, as a part of the debates being held at the US Copyright Office on the question of inclusion of Moral Rights as a part of the framework of the Copyright Law in United States, the Copyright Office concluded that many diverse aspects of the current moral rights patchwork – including copyright law's derivative work right, state moral rights statutes, and contract law – are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of the US moral rights patchwork that could be improved to the benefit of individual authors and the copyright system as a whole.
In the copyright law of the United States, several exclusive rights are granted to the holder of a copyright, as are listed below: The basic right when a work is protected by copyright is that the holder may determine and decide how and under what conditions the protected work may be used by others. This includes the right to decide to distribute the work for free. This part of copyright is often overseen. The phrase "exclusive right" means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holder's permission. Copyright is sometimes called a "negative right", as it serves to prohibit certain people (e.g., readers, viewers, or listeners, and primarily publishers and would be publishers) from doing something they would otherwise be able to do, rather than permitting people (e.g., authors) to do something they would otherwise be unable to do. In this way it is similar to the unregistered design right in English law and European law. The rights of the copyright holder also permit them to not use or exploit their copyright, for some or all of the term. There is, however, a critique which rejects this assertion as being based on a philosophical interpretation of copyright law that is not universally shared. There is also debate on whether copyright should be considered a property right or a moral right.
UK copyright law gives creators both economic rights and moral rights. While 'copying' someone else's work without permission may constitute an infringement of their economic rights, that is, the reproduction right or the right of communication to the public, whereas, 'mutilating' it might infringe the creator's moral rights. In the UK, moral rights include the right to be identified as the author of the work, which is generally identified as the right of attribution, and the right not to have your work subjected to 'derogatory treatment', that is the right of integrity. Indian copyright law is at parity with the international standards as contained in TRIPS. The Indian "Copyright Act, 1957", pursuant to the amendments in 1999, 2002 and 2012, fully reflects the Berne Convention and the Universal Copyrights Convention, to which India is a party. India is also a party to the Geneva Convention for the Protection of Rights of Producers of Phonograms and is an active member of the World Intellectual Property Organization (WIPO) and United Nations Educational, Scientific and Cultural Organization (UNESCO). The Indian system provides both the economic and moral rights under different provisions of its Indian Copyright Act of 1957.
Duration. Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition, novel), whether the work has been published, and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. Under most countries' laws (for example, the United States and the United Kingdom), copyrights expire at the end of the calendar year in which they would otherwise expire. The length and requirements for copyright duration are subject to change by legislation, and since the early 20th century there have been a number of adjustments made in various countries, which can make determining the duration of a given copyright somewhat difficult. For example, the United States used to require copyrights to be renewed after 28 years to stay in force, and formerly required a copyright notice upon first publication to gain coverage. In Italy and France, there were post-wartime extensions that could increase the term by approximately 6 years in Italy and up to about 14 in France. Many countries have extended the length of their copyright terms (sometimes retroactively). International treaties establish minimum terms for copyrights, but individual countries may enforce longer terms than those.
In the United States, all books and other works, except for sound recordings, published before 1929 have expired copyrights and are in the public domain. The applicable date for sound recordings in the United States is before 1923. In addition, works published before 1964 that did not have their copyrights renewed 28 years after first publication year also are in the public domain. Hirtle points out that the great majority of these works (including 93% of the books) were not renewed after 28 years and are in the public domain. Books originally published outside the US by non-Americans are exempt from this renewal requirement, if they are still under copyright in their home country. But if the intended exploitation of the work includes publication (or distribution of derivative work, such as a film based on a book protected by copyright) outside the US, the terms of copyright around the world must be considered. If the author has been dead more than 70 years, the work is in the public domain in most, but not all, countries.

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