Post on 06-Apr-2018
8/3/2019 Copyright Slides 2
1/24
COPYRIGHT LAW
FALL 2008: CLASS 2
Professor Fischer
Introduction to Copyright 2:Historical Background
AUGUST 20, 2008
8/3/2019 Copyright Slides 2
2/24
Authors Rights Concepts Are
Very Ancient 6th century: St.
Columba and King
Diarmid : To every cow her
calf
8/3/2019 Copyright Slides 2
3/24
Copyright is Technologys Child
8/3/2019 Copyright Slides 2
4/24
COPYRIGHT
IS THE
PRODUCT OF
CENSORSHIP
8/3/2019 Copyright Slides 2
5/24
Stationers Company
Livery company in the
City of London
Facilitated Crowncontrol of printing
Had exclusive right to
practice the art of
printing until
Licensing Acts
expired in 1694
8/3/2019 Copyright Slides 2
6/24
The First Copyright Statute
The Statute of Anne (1710) See:
http://www.copyri
ghthistory.com/anne.html
Elements of Later
Copyright Statutes
http://www.copyrighthistory.com/anne.htmlhttp://www.copyrighthistory.com/anne.htmlhttp://www.copyrighthistory.com/anne.htmlhttp://www.copyrighthistory.com/anne.htmlhttp://www.copyrighthistory.com/anne.htmlhttp://www.copyrighthistory.com/anne.html8/3/2019 Copyright Slides 2
7/24
Statute of Anne
8/3/2019 Copyright Slides 2
8/24
STATUTE OF ANNE (1710)
PRINCIPAL PROVISIONS Exclusive right of author of new work to print and reprint
the book 21 years for existing works
14 years from publication for new or unpublished works
Renewal for 14 years if author still living
Registration required Register title at Stationers Hall before publication
Deposit
9 copiesRoyal Library, certain other libraries Infringement
3 month limitations period
No protection for foreign books in foreign language
8/3/2019 Copyright Slides 2
9/24
American Copyright: Derives
from English Law Each had copyright
laws [except
Delaware]
8/3/2019 Copyright Slides 2
10/24
An Early Copyright Lobbyist
Hint: Dictionaries
8/3/2019 Copyright Slides 2
11/24
Patent and Copyright Clause
U.S. Const. Art. I sec. 8 cl. 8
The Congress shall have power . . . 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 andDiscoveries
8/3/2019 Copyright Slides 2
12/24
Federal Copyright Statutes
Starting in 1790, Congress passed a series
of copyright acts
8/3/2019 Copyright Slides 2
13/24
Some Subsequent Federal Statutes
1802 (amendment to 1790)notice required on copies of protected works --
also protection expanded to prints
1831 General Revisionincreased term to 28 years plus 14 year renewal --
also protection expanded to musical compositions
(but not performance) and cuts and engravings
8/3/2019 Copyright Slides 2
14/24
Wheaton v. Peters (1834)
Dispute between Henry Wheaton and
Richard Peters, rival law reporters
Issue for Supreme Court
8/3/2019 Copyright Slides 2
15/24
Wheaton v. Peters (1834)
Dispute between Henry Wheaton and
Richard Peters, rival law reporters
Issue for Supreme Court was whethercommon law copyright existing in the U.S.
and if so, whether it was abrogated by the
federal Copyright Act
8/3/2019 Copyright Slides 2
16/24
Some more subsequent copyright
statutes 1856
protection expanded to dramatic works and publicperformance thereof
1865 protection expanded to photographs
1870
protection expanded to paintings, drawings,chromolithographs, sculptures and models/designs; also,
responsibility centralized in Library of Congress
1897 protection expanded to public performance of musical
compositions
8/3/2019 Copyright Slides 2
17/24
Copyright Act of 1909 Expanded list of protected workse.g., periodicals
Catch-all: all the writings of an author (Section 4) Copyright for published work begins upon publication with notice
Statutory copyright available for certain unpublished works
Renewal term extendedmaximum copyright term of 56 years
Preserved common law rights in unpublished works
Compulsory license Codified first sale doctrine
STILL IMPORTANT
1912
protection expanded to motion pictures
1971 protection expanded to sound recordings
8/3/2019 Copyright Slides 2
18/24
Current Copyright Statute
Copyright Act of 1976
Many amendments to the Copyright Act
of 1976, e.g. Architectural WorksCopyright Protection Act (1990), Digital
Millennium Copyright Act (1998) etc.
8/3/2019 Copyright Slides 2
19/24
Historical Trends in Copyright
Law 1. copyrightable subject matter
2. duration
3. international copyright system
4. formalities
8/3/2019 Copyright Slides 2
20/24
Historical Trends in Copyright
Law 1. Progressive expansion of
copyrightable subject matter
2. Expansion of duration
3. Growing U.S. participation in
international copyright system
4. Steadily reduced importance of
formalities
8/3/2019 Copyright Slides 2
21/24
What is Copyright
Copyright is a form of protection provided by thelaws of the United States (Title 17, U.S. Code) tothe authors of original works of authorship,including literary, dramatic, musical, artistic, and
certain other intellectual works. This protection isavailable to both published and unpublishedworks.
Right of author to control the reproduction ofhis/her intellectual creation (CB at 12)
Copyright protection subsists from the time thework is created in fixed form. The copyright inthe work of authorship immediately becomes theproperty of the author who created the work.
8/3/2019 Copyright Slides 2
22/24
Copyright protects original works of authorship that are fixed in atangible form of expression. The fixation need not be directly perceptible
so long as it may be communicated with the aid of a machine or device.
Copyrightable works include the following categories:
What works are protected?
1. Literary works;
2. Musical works, including any accompanying words;3. Dramatic works, including any accompanying music;
4. Pantomimes and choreographic works;
5. Pictorial, graphic and sculptural works;
6. Motion pictures and other audiovisual works;
7. Sound recordings;8. Architectural works.
These categories should be viewed broadly. For example, computer programs and
most compilations may be registered as literary works; maps and architectural
plans may be registered as pictorial, graphic, and sculptural works.
8/3/2019 Copyright Slides 2
23/24
Section 106 of the 1976 Copyright Act (17 U.S.C. 101, et
seq.) generally gives the owner of copyright the exclusive
right to do and to authorize others to do the following:
What rights does copyright
protection afford?
To reproduce the work in copies or phonorecords (reproduction);
To prepare derivative works based upon the work (adaptation); To distribute copies or phonorecords of the work to the public by sale
or other transfer of ownership, or by rental, lease, or lending(distribution);
To perform the work publicly, in the case of literary, musical,dramatic, and choreographic works, pantomimes, and motion pictures
and other audio-visual works (public performance); To display the work publicly, in the case of literary, musical, dramatic,
and choreographic works, pantomimes, and pictorial, graphic orsculptural works, including the individual images of a motion pictureor other audio visual work (public display); and
In the case of sound recordings, to perform the work publicly by
means of a digital audio transmission (digital performance right).
8/3/2019 Copyright Slides 2
24/24
In addition, certain authors of works of visualart have the rights of attribution and integrity as
described in section 106A of the 1976
Copyright Act.