Kara Sears
The first federal copyright law in the United States was passed in 1790, one year after the Constitution was ratified and the First Congress was elected. The original terms, fourteen years with the option to renew after fourteen years, were enacted to match terms under the 1710 Statute of Anne. The Copyright Act of 1790, officially titled An Act for the Encouragement of Learning, by Securing the Copies of Maps, Charts, and Books to the Authors and Proprietors of Such Copies, was modelled on the Statute of Anne and established the foundational framework for copyright protection in the US.
| Characteristics | Values |
|---|---|
| Name | The Copyright Act of 1790 |
| Year of passing | 1790 |
| Length of copyright | 14 years with the option to renew after 14 years |
| Basis | British Statute of Anne |
| Copyright ownership | Authors and owners of the work |
| Current status | Updated since 1790 |
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What You'll Learn
The first US federal copyright law
The 1790 Act granted authors the exclusive right to publish and sell "maps, charts and books" for a term of 14 years, with a renewal period of another 14 years. It is important to note that this law did not cover musical compositions explicitly, but its protection of "books" included printed musical works. The first registration of a copyright in a musical composition in the US was "The Kentucky Volunteer" in 1794.
The Copyright Act of 1790 was limited in scope and did not establish a centralised copyright office. Instead, it directed authors and proprietors to register their works at the US district court in their area of residence. The act also required authors to include a proper copyright notice; failure to do so would result in the work immediately entering the public domain.
The Copyright Act of 1790 has been updated and revised multiple times since its enactment, including a major revision in 1976, which provided the basic framework for the current US copyright law. The most recent revision was enacted in 2018 with the Music Modernization Act, which extended federal copyright protection to all sound recordings, regardless of their creation date.
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Copyright protection length
The length of copyright protection has been a topic of debate and has evolved over time. The first US federal copyright law, the Copyright Act of 1790, established a copyright term of 14 years, with the option to renew for another 14 years. This was influenced by the British Statute of Anne, which had similar terms. However, in the following decades, the US diverged from English copyright law, which adopted a term of life plus fifty years.
In the US, the duration of copyright protection has been extended multiple times. Forty years after the Copyright Act of 1790, the initial term was changed to 28 years. Then, in 1976, the Copyright Act was amended to provide protection for "either 75 years or the life of the author plus 50 years". This was further extended by the Sonny Bono Copyright Term Extension Act of 1998, also known as the "Mickey Mouse Protection Act," to 95 years after publication or 120 years after creation for unpublished works, or the life of the author plus 70 years, whichever comes first.
The idea behind extending copyright protection is to ensure that the author's descendants can profit from their work and oversee how it is used. This principle, known as the three-generation principle, was adopted in Europe in the mid-19th century and later influenced US copyright law.
Currently, in the United States, copyright protection lasts for the life of the author plus 70 years for single authors and the life of the last surviving author plus 70 years for joint authors. For works made for hire, it is 95 years from the first publication or 120 years from the date of creation, whichever is shorter. Works published anonymously or under fictitious names follow the same rule, but the term becomes life plus 70 years if the author's name is disclosed to the US Copyright Office.
Internationally, copyright terms vary. For example, Japan's Trans-Pacific Partnership (TPP) states that copyrights will last for 70 years, while pre-1972 recordings in the US have varying copyright terms depending on their publication date, with some ending in 2067.
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Copyright infringement lawsuits
The United States' first federal copyright law was the Copyright Act of 1790, which established a 14-year term with the option to renew for another 14 years. This was influenced by the British Statute of Anne. Since then, US copyright terms have expanded significantly, with the Copyright Act of 1976 extending the term to "75 years or the life of the author plus 50 years". This was further extended by the Sonny Bono Copyright Term Extension Act of 1998, which increased the term to 95 years after publication or the life of the author plus 70 years, whichever comes first.
Statute of Limitations:
There is a statute of limitations for copyright infringement claims. Plaintiffs generally have three years to file a lawsuit from the time they become aware of the alleged infringement or the most recent infringement if it is ongoing.
Registration and Proof:
Registering a copyright with the Copyright Office serves as proof of ownership in infringement cases. It helps to establish that the infringed material is the same as the registered work. While registration is not mandatory, it can strengthen one's position in a lawsuit and reduce the likelihood of a successful "innocent infringement" defense by the accused.
Damages:
Copyright infringement can result in significant financial damages. Statutory damages range from $750 to $30,000 per work, with higher amounts for "willful infringement". The specific amount is determined by the nature of the infringement, the presence of a copyright notice, and other factors.
Criminal vs. Civil Court:
In cases where the accused acted intentionally and sought financial gain or had commercial motivations, the lawsuit may be elevated to criminal court. Even if no monetary gain was obtained, the intent to profit can lead to criminal copyright infringement charges.
Intellectual Property Lawyers:
Engaging an intellectual property lawyer is advisable when pursuing litigation. They can analyze the alleged infringement, determine if there are legal grounds for action, and guide the process.
Notable Copyright Infringement Cases:
There have been several notable copyright infringement lawsuits, including those involving musical artists. For example, Marvin Gaye's estate successfully argued that the song "Blurred Lines" by Robin Thicke and Pharrell Williams infringed on Gaye's 1977 song. In another case, Ed Sheeran was sued for allegedly stealing elements of "Let's Get It On" for his song "Thinking Out Loud" but won the lawsuit.
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Exemptions and limitations
Copyright is typically thought of as a limited, legally sanctioned monopoly. Copyright licensing may sometimes interfere too much in free and competitive markets. These concerns are governed by legal doctrines such as competition law in the European Union, antitrust law in the United States, and anti-monopoly law in Russia and Japan.
In the US, in stark contrast to copyright laws developed from English law, edicts of government are not subject to copyright, including edicts of foreign governments. Copyright law identifies certain types of uses, including criticism, comment, news reporting, teaching, scholarship, and research, as examples of activities that may qualify as fair use. The more creative a copyrighted work, the less likely there will be a finding of fair use. The publication status of the work also plays a role in this factor. When the copyrighted work is unpublished, the use is less likely to be considered fair use.
The first-sale doctrine, 17 U.S.C. § 109, limits the rights of copyright holders to control the further distribution and display of copies of their works after the first sale by the copyright owner. The owner of a particular copy is entitled to "sell or otherwise dispose of the possession of that copy" and to "display the copy publicly ... to viewers present at the place where the copy is located."
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Rights of copyright owners
The first federal copyright law in the US, the Copyright Act of 1790, was influenced by the British Statute of Anne. This law established the length of copyright as 14 years, with the option to renew for another 14 years. The Founding Fathers recognised the importance of protecting authors and their rights.
Copyright owners have a bundle of exclusive rights that allow them to control various aspects of their work. These rights include:
- The right to reproduce works: This grants copyright owners control over the making of copies of their work. It is often implicated in copyright infringement disputes, as unauthorised reproduction can infringe on the owner's rights.
- The right to create derivative works: Copyright owners can control the transformation of their works into new forms, such as translations or adaptations.
- The right of distribution: Owners can control how their work is transferred to others, whether through sale, rental, lease, or lending. This right allows them to prevent the distribution of unauthorised copies.
- The right of public performance: Copyright owners can control how their work is publicly performed, including in places open to the public or transmitted to multiple locations.
- The right of public display: This right grants owners the ability to show their copyrighted work or its images to the public.
These rights provide copyright owners with the ability to protect and control their work, ensuring they have authority over its reproduction, distribution, and public performance or display.
Copyright owners also have the right to transfer ownership of their copyright in whole or in part, and this can be done by bequest or through applicable laws of intestate succession. Additionally, statutory damages are available for copyright infringement cases, with amounts ranging from $750 to $30,000 per work, depending on the circumstances.
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Frequently asked questions
The first US federal copyright law was the Copyright Act of 1790.
The length of copyright established by the Founding Fathers was 14 years, plus the ability to renew it once for another 14 years.
The Copyright Act of 1790 was based on the British Statute of Anne from 1710.
The length of copyright protection has been extended multiple times since the Copyright Act of 1790. In 1830, the initial term was changed to 28 years. In 1976, the Copyright Act extended the term to "either 75 years or the life of the author plus 50 years". The Sonny Bono Copyright Term Extension Act of 1998 further increased the term to "95 years after publication or 120 years after creation for unpublished works, or the life of the author plus 70 years, whichever ends earlier".
