Cecily Zamora
The United States first acknowledged copyright law in 1790 with the Copyright Act, which was signed into law by George Washington on May 31, 1790. This law protected books, maps, and charts for a period of 14 years, with a renewal period of another 14 years. The act was based on the British Statute of Anne, which did not apply to the American colonies, and it was the first federal copyright law in the United States. The Copyright Act of 1790 has been updated and revised numerous times, including a major revision in 1976.
| Characteristics | Values |
|---|---|
| Year of first acknowledgement | 1790 |
| First federal copyright law | Copyright Act of 1790 |
| First work registered | Philadelphia Spelling Book by John Barry |
| First revision | 1831 |
| Last general revision | 1976 |
| Current copyright term | Life of the author plus 70 years, or 95 years after publication, whichever is earlier |
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What You'll Learn
The Copyright Act of 1790
The act granted authors the exclusive right to publish and sell their "maps, charts and books" for a term of 14 years. This term was renewable for one additional 14-year term if the author was alive at the end of the first term. The act restricted the reproduction and distribution of books, maps, and charts, but it did not cover other types of writings, such as musical compositions or newspapers. It also specifically noted that it did not prohibit the copying of works by foreign authors.
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The Copyright Clause
The clause, which is the basis of copyright and patent laws in the United States, states:
> 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 and Discoveries.
On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of proposals to establish what would become the enumerated powers of the United States Congress. Three such proposals made on that day addressed what are now lumped together under intellectual property rights. One, by Charles Pinckney, was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison, who had previously served on a committee of the Congress established under the Articles of Confederation, which encouraged individual states to adopt copyright legislation. Madison proposed that the Constitution permit Congress "to secure to literary authors their copyrights for a limited time", or, alternatively, "to encourage, by proper premiums & provisions, the advancement of useful knowledge and discoveries".
Both proposals were referred to the Committee of Detail, which reported back on September 5, 1787, with a proposal containing the current language of the clause. No record exists to explain the exact choice of words selected by the Committee on Detail, whose task was essentially no more than creating a draft Constitution by arranging the proposals that had been made into the most appropriate language. On September 17, 1787, the members of the Convention unanimously agreed to the proposed language without debate, and this language was incorporated into the Constitution.
The clause was interpreted as two distinct powers: the power to secure for limited times to authors the exclusive right to their writings, which forms the basis for US copyright law, and the power to grant patents to inventors for their discoveries. The Copyright Clause is the only clause that comes with its own built-in justification. The United States Supreme Court has decided numerous cases interpreting the text.
The first exercise of Congress's copyright powers was the Copyright Act of 1790, which granted authors the exclusive right to publish and sell "maps, charts and books" for a term of 14 years, renewable for one additional 14-year term if the author was alive at the end of the first term. The 1790 Act did not regulate other kinds of writings, such as musical compositions or newspapers, and specifically noted that it did not prohibit copying the works of foreign authors. Congress first revised the copyright laws with the Copyright Act of 1831, which extended the original copyright term from 14 years to 28 years, with an option to renew. The Copyright Act of 1976 provided the basic framework for the current copyright law and was a comprehensive revision of the copyright law in Title 17. It was undertaken to address new technologies and bring the US into accord with international copyright law, practices, and policies.
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Thomas Jefferson's proposed limited copyright duration
The United States first acknowledged copyright law in 1790, with the passing of the Copyright Act. This act granted authors the exclusive right to publish and sell "maps, charts and books" for a term of 14 years, with the option to renew for one additional 14-year term if the author was still alive.
Thomas Jefferson, a strong advocate for the public's ability to share and build upon the works of others, suggested limiting copyright duration in the Bill of Rights. He proposed the following language:
> Art. 9. Monopolies may be allowed to persons for their own productions in literature and their own inventions in the arts for a term not exceeding [number of] years but for no longer term and no other purpose.
Jefferson's proposal is in line with the Copyright Clause in the United States Constitution, which grants Congress the power to enact copyright laws. The Copyright Clause states:
> 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 and Discoveries.
This clause is understood to require that exclusive rights to intellectual property expire after a certain period, ensuring that the public can eventually access and build upon copyrighted works.
The Copyright Act of 1790 was the first time Congress exercised its copyright powers, and it has been updated and revised many times since, including a major revision in 1976 to address technological advancements and bring US copyright law into alignment with international standards.
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The 1976 revision
The 1976 Act extended the term of copyright protection. Under Section 302, the protection was extended to the life of the author plus 50 years, with a static 75-year term for anonymous, pseudonymous, and work-for-hire creations. The Act also introduced the concept of "works of authorship," encompassing original works fixed in any tangible medium of expression, including literary, dramatic, musical, and audiovisual creations. Additionally, the fair use defense to copyright infringement was codified for the first time in Section 107, providing a legal framework for determining fair use of copyrighted materials.
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The Sonny Bono Copyright Term Extension Act of 1998
The history of copyright law in the United States dates back to the country's colonial era. The Constitution enshrined the principle of copyright in American law in 1790, stating that authors and inventors should have exclusive rights to their "writings and discoveries" for a "limited time". This was known as the Copyright Act of 1790, which granted authors the exclusive right to publish and sell "maps, charts, and books" for 14 years, with the possibility of renewal for another 14 years.
Over time, this law underwent revisions, including a significant update in 1976 to address technological advancements and bring US copyright law into alignment with international standards. The 1976 revision extended the term of protection to the life of the author plus 50 years, or 75 years for works made for hire.
However, the focus of this response is on the Sonny Bono Copyright Term Extension Act of 1998, which further extended the duration of copyrights in the United States. This act, also known as the Copyright Term Extension Act, the Sonny Bono Act, or derisively as the Mickey Mouse Protection Act, was signed into law by President Bill Clinton on October 27, 1998.
The Sonny Bono Copyright Term Extension Act extended the terms of almost all existing copyrights by 20 years. Specifically, it increased the protection term to the life of the author plus 70 years, and for works of corporate authorship, to 95 years from publication or 120 years after creation, whichever comes first. This act effectively froze the advancement date of the public domain for older works, ensuring that works created from 1923 onwards that were still copyrighted in 1998 would not enter the public domain until 2019 or later.
The act was supported by various parties, including Disney, California congresswoman Mary Bono (Sonny Bono's widow), the estate of composer George Gershwin, Time Warner, Universal, Viacom, and major sports leagues. Opponents, however, argued that it amounted to corporate welfare and was unnecessary for promoting progress in science and the arts.
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Frequently asked questions
The US first acknowledged copyright law in 1790 with the Copyright Act.
The act granted authors the exclusive right to publish and sell "maps, charts and books" for a term of 14 years, with the possibility of renewal for another 14 years.
Yes, the act has been revised many times, including a major revision in 1976.
The 1976 revision was undertaken to address new technologies and bring the US into accordance with international copyright law. It also extended the term of protection to the life of the author plus 50 years.
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