The Copyright Statutes
Author | Robert A. Gorman |
Profession | University of Virginia School of Law |
Pages | 1 |
British antecedents and the 1790 Act
Oddly, U.S. copyright law traces its source to British censorship laws of the sixteenth century. In 1556, the King granted to the Stationers' Company, made up of the leading publishers of L6ndon, a monopoly over book publication, so as better to control the publication of seditious or heretical works. Publishers were given an exclusive and perpetual right of publication of works that passed mus:er with the Government and the Church (by way of the Star Chamber); there was no intention to protect or reward authors. After nearly a century and a half, licensing laws were left to expire and publishers sprang up independent of the Stationers' Company. The Company turned to Parliament for protective legislation and in 1710 the Statute of Anne was enacted. The basic philosophy and contours of that statute have dominated the U.S. law of copyright for most of our history as a nation. Its purpose was stated to be "for the Encouragement of Learning," which was threatened by the damage done to authors and their families by unauthorized copying of their books. This purpose was to be promoted by granting to authors an exclusive right of publication to last for twenty-one years for existing works and for fourteen years (subject to renewal by a living author for an additional fourteen years) for works published in the future. A condition of copyright was the registration of the title at Stationers' Hall and the deposit of nine copies at official libraries.
The Statute of Anne, and the copyright laws adopted in the Colonies, set the stage for the Copyright and Patent Clause of the Constitution and for the enactment by the first Congress in. 790 of the first federal statutes governing copyrights and patents. In the handful of major copyright revisions over the past 230 years, Congress has gradually increased the kinds of works that are eligible for copyright and the kinds of exclusive rights afforded to the copyright owner. It has also gradually extended the period of copyright protection and reduced the significance of compliance with statutory formalities. It should be noted that copyright protection is not limited to works of "high culture," and that its coverage embraces such mundane works as telephone directories and such technologically oriented works as computer programs.
The Copyright Act of 1909
The Copyright Act that dominated the twentieth century was enacted in 1909. Inartfully drafted and lacking important...
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