Copyright–A Brief History

As understood and discussed in modern culture, copyright is a very recent development. The Berne convention in 1886 gave international attention to the protection of authorial work. The Statute of Anne in 1710 (also called An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned) had established that right for Britain. This is usually called the first copyright law, and there's no argument there.

The reference to copyright that has been made in the last few posts is over the Cathach, the psalter (supposedly) copied by St. Columba from the scriptorium of Abbot Finnian of Movilla in the 6th century. Finnian objected to Columba having it and, when appealed to over the conflict, the High King of Ireland Diarmait said "To every cow belongs her calf, therefore to every book belongs its copy." Whether this was the actual cause of the Battle of Cúl Dreimhne is not firmly established.

Between those two dates were other attempts at protecting the written word. Aldus Manutius (1449 - 1515), who invented the paperback and italic writing, received a privilegio from the Doge of Venice in 1502 forbidding the use or imitation by others of his italic font. Earlier in Venice, Marc' Antonio Sabellico in 1486 was given from the Venetian cabinet the sole right to publish his work on the history of the Republic; the fine was 500 ducats.

There seems to have been a "right to image" in Classical Rome for death masks and statues of one's ancestors, but the "copyright holder" was the family of the person pictured, not the artist.

Medieval writers (such as Chaucer) were less likely to write something new than they were to take a familiar story (like the Trojan War) and put their own spin on it. Even Shakespeare was getting his plots from history and literature. This seems to be the opposite of why the Statute of Anne was made (see its full title). Encouraging authors to create more by protecting the originality of their work was not something on the mind of the medieval author.

It seems to me that a strong sense of copyright in Ireland of the 6th century, as suggested by the Cathach anecdote (whose link to the Battle was made long after the event and is not corroborated by any contemporary documents) would have led to more examples of evolution of actual law over time. Columba's desire to have a copy of a manuscript was not that unusual. One of a monastery's typical functions was to copy manuscripts for preservation and dissemination, and we'll talk more about that next time.

The Cathach

The oldest extant manuscript in Ireland is the Cathach. The Cathach is a psalter, a copy of the Book of Psalms from the Bible (actually, Psalm 30:13 to 105:13). Traditionally, it is associated with St. Columba, and is also called The Cathach of St. Columba. It is dated to the second half of the 6th century, which places it in his lifetime (Columba died 597).

There is a legend that it was made in one night, copied from an original in Movilla Abbey. Supposedly, Abbot Finnian of Movilla objected to Columba making and taking a copy, and the conflict led to a terrible battle. during which 3000 men were killed. This is sometimes referred to as the first war over copyright.

This is unlikely; it is, however, associated with battle for another reason. The O'Donnell clan possessed it, and as a holy book it was considered to give protection in times of battle. Safe in its cumdach (a reliquary specifically made for a book, pictured above), it was carried by a holy man or monk three times around the waiting army prior to battle, and a rallying cry of "An Cathach!" ("The Battler!") would go up from the troops.

The cumdach was made for it. It consists of a wooden box that has been re-decorated a few times. It has bronze and gilt-silver plates, and settings for glass and crystal "gems." Completed in  Kells in the second half of the 11th century, it was added to in the late 1300s with a Crucifixion scene, and then again in the 16th and 18th centuries. The cumdach is in the National Museum of Ireland. The Cathach itself is preserved and studied in the Royal Irish Academy.

What was the likelihood that a battle would be fought over copyright? Hard to say, especially since copyright as we think of it in modern times is a fairly new idea. Or is it? Let's talk about that next time.

Battle of Cúl Dreimhne

The Battle of Cúl Dreimhne likely took place in 560CE (estimates vary). Although there are different accounts of the reason for the battle, the most popular is that it was fought over a copy of the Cathach ("The Battler").

The Cathach is a psalter, a collection of the Psalms from the Bible. The original was at Movilla Abbey, in the possession of Saint Finnian of Movilla. A visiting Columba made a copy of it miraculously in a single night, in order to have his own, but Finnian objected to this.

The question arose: was the copy owned by Finnian because he possessed the original, or by Columba because he made it? The High King of Ireland, King Diarmait Mac Cerbaill, famously proclaimed "To every cow belongs her calf, therefore to every book belongs its copy." Then (according to this version of the story), Columba raised an army to fight for his right to keep the copy. It is far likelier that the battle was a dynastic conflict because of the way Diarmait had assumed the kingship after his predecessor's death.

Another theory for the start of the battle is the violation of the rules of sanctuary when a man under Columba's protection was forcibly taken and executed, whereupon Columba raised an army against Diarmait. Columba was exiled for his actions and required to create as many souls for Christ as had been killed in the battle (3000). There is no evidence that his missionary work after that time was the result of exile rather than a desire to spread Christianity.

But as to the battle itself: it was in northwest Ireland in what is now County Sligo. You can visit the site of the "Cooldrumman Battlefield" at the foot of Ben Bulben. Modern scholars point out that the earliest references to the battle do not mention a book at all.

Was the Cathach so important that a battle could arise over it losing its uniqueness and its place on Movilla Abbey. To answer that, we need to take a closer look at the Cathach itself, and that's what we'll do next.