| HISTORY OF COPYRIGHT | ||||
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Contents
Copyright in United States |
I. INTRODUCTION A. Copyright has existed in U.S. since nation’s birth & in England since 18th century. B. Evolved over past 3 centuries primarily due to new technologies resulting in new forms of creative expression & new media in which works are used. C. Gradual expansion of types of works protected & rights encompassed by copyright A. In ancient Greece & Rome, scholars first began to be concerned with being credited as authors of works they wrote & laws of various countries provided that authors be credited even though they did not specifically involve ownership or economic rights.
1. Movable type printing invented several centuries earlier by Chinese inventor Bi Sheng around 1041 (1) Chinese woodblock printing involved sheets of paper pressed into wooden blocks with text & illustrations carved into the blocks. (2) By the 12th century, many Chinese libraries contained tens of thousands of printed books. 2. Allowed for mass production of written works which resulted in the print publishing business & a huge increase in the amount of information made available. a. Before this, works had to be copied by hand which was sometimes done by monks. b. Due to limited availability of written works, most people were illiterate. III. COPYRIGHT’S ENGLISH ORIGINS A. After introduction of printing press in England, competition grew among book publishers. B. English Crown became concerned with possibility of books being published which advocated heresy & political dissent. C. English Licensing Acts & Censorship 1. In 1534, Crown passed a Licensing Act which required that anyone who wanted to publish written works must first obtain a license. 2. Led to monopoly by group of English printers known as the Stationers Company. a. Authors would sell written works to Stationers Company members for a one-time payment without any royalties. b. Authors could not be members & could not self-publish their works. 3. In 1557, revised version of Licensing Act required that all books had to be registered with Stationers’ Company. a. Form of censorship used by English Crown to prevent Protestant religious works from being published. 4. In 1694, Licensing Act expired & Stationers’ Company started having competition from new printers who published cheaper (often pirated) versions of books. a. Stationers lobbied Parliament for a new Licensing Act, arguing that authors need protection. 1. By the early 18th century, attitudes had become a bit more tolerant toward a free expression & in 1710, the English Parliament passed the Statute of Anne (the first copyright law) named after Queen Anne.
2. Granted protection in new works to authors a. Due to cost of printing & distributing books, authors often still sold works to one of Stationers for a lump sum. 3. 14-year term with additional 14-year term if author still alive a. Even if author transferred copyright to publisher, copyright returned to author at end of initial 14-year period 4. Copyright applied solely to printing & selling of books a. Not applicable to musical works IV. COPYRIGHT IN THE UNITED STATES 1. Several authors campaigned for copyright protection in the colonial states, including Noah Webster & Thomas Paine 2. The first copyright statute was passed in 1783 by Connecticut 3. By 1786, 12 of 13 colonial states passed copyright statutes 4. Created problems with consistency & enforcement from 1 state to another B. The U.S. Constitution’s Copyright Clause 1. Representatives at the Constitutional Convention drafted clause giving Congress authority to pass laws dealing with copyright
2. Article I, Section 8, Clause 8 of the Constitution - Copyright & Patent clause a. Gives Congress power “to promote the progress of Science and the Useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their writings and discoveries” 3. “to promote the progress of science and the useful arts,” established that primary purpose of copyright law is to promote creation & dissemination of creative works to public 4. Copyright law in U.S. exists primarily to benefit public rather than authors a. Rewarding authors is only secondary purpose (1) Based on idea that best way to encourage people to create works of authorship is to provide financial incentives 1. Congress exercised its right under copyright clause of Constitution & passed 1st American copyright statute a. Based on Statute of Anne & signed into law by President George Washington b. Only ½ page long 2. Limited to books, maps and charts 3. Initial term = 14 years + renewal term = 14 years a. Maximum = 28 years of protection 1. 1st revision of Copyright Act 2. Initial term of copyright increased to 28 years 3. Allowed renewal right to pass to author’s widow or children if author was not alive at end of initial term 4. Added musical compositions as a type of protected work 1. Instead of individually specifying types of works subject to copyright, stated that copyright protection is applicable to “all the writings of an author” a. “Writings” interpreted to include all types of artistic works 2. Renewal period extended to 28 years a. Maximum period of protection = 56 years 3. Provided for a compulsory mechanical license to reproduce & distribute sound recordings of musical compositions a. 2 cent royalty 4. Sound recordings were not protected under 1909 Act, but in 1974 an amendment was passed giving limited copyright protection to sound recordings 5. 1909 Act continues to be applicable for works created before 1/1/78, subject to certain amendments 1. Substantial revision from 1909 Act due to many technological advances (motion pictures, television, sound recordings, and radio) 2. Protection: Copyright begins automatically when a copyrightable work is fixed in tangible form 3. Duration: Life of author + 50 years 4. Termination Right: Allowing authors to terminate transfers of copyright ownership 5. Compulsory mechanical license: Provided for increases in mechanical statutory royalty rate 1. 1989: U.S. joined Berne Convention & relaxed formalities (registration & notice) 2. 1992: Audio Home Recording Act 3. 1995: Performance Right in Sound Recordings Act 4. 1998: Sonny Bono Copyright Term Extension Act increased term of copyright by 20 years to current term of author’s life + 70 years. 5. 1998: Fairness in Music Licensing Act - broadened exemption to public performance right in music for certain restaurants & retail establishments 6. 1998: Digital Millennium Copyright Act 7. 2005: Family Entertainment & Copyright Act of 2005 H. Important Amendments Currently Being Considered 1. Orphan Works a. Did not pass in 2006; Will likely be re-introduced 2. Licensing Reform Act of 2006 - a proposed amendment intended to make licensing of music for online sale easier. a. Not passed as of 2007. |
