copyright slides 2

8/3/2019 Copyright Slides 2

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COPYRIGHT LAW

FALL 2008: CLASS 2

Professor Fischer

Introduction to Copyright 2:Historical Background

AUGUST 20, 2008


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Authors Rights Concepts Are

Very Ancient 6th century: St.

Columba and King

Diarmid : To every cow her

calf


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Copyright is Technologys Child


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COPYRIGHT

IS THE

PRODUCT OF

CENSORSHIP


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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


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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.html


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Statute of Anne


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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14 years from publication for new or unpublished works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


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American Copyright: Derives

from English Law Each had copyright

laws [except

Delaware]


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An Early Copyright Lobbyist

Hint: Dictionaries


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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


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Federal Copyright Statutes

Starting in 1790, Congress passed a series

of copyright acts


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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


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Wheaton v. Peters (1834)

Dispute between Henry Wheaton and

Richard Peters, rival law reporters

Issue for Supreme Court


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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


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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


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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


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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.


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Historical Trends in Copyright

Law 1. copyrightable subject matter

2. duration

3. international copyright system

4. formalities


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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


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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.


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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.


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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).


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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.

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