Copyright Law of The United States - History

History

The U.S. Congress first exercised its power to enact copyright legislation with the Copyright Act of 1790. The Act secured an author the exclusive right to publish and vend "maps, charts and books" for a term of 14 years, with the right of renewal for one additional 14 year term if the author was still alive. The 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. The vast majority of writings were never registered — between 1790 and 1799, of approximately 13,000 titles published in the United States, only 556 works were registered.

Copyright law has been modified many times since to encompass new technologies such as music recording, to extend the duration of protection, and to make other changes. U.S. courts have interpreted this clause of the Constitution to say that the ultimate purpose of copyrights is to encourage the production of creative works for the public benefit, and that therefore the interests of the public are primary over the interests of the author when the two conflict. These rulings have since been formalized into fair use laws and decisions. Certain attempts by copyright owners to restrict uses beyond the rights provided for by copyright law may also subject them to the copyright misuse doctrine, preventing enforcement against infringers.

Key laws regulating U.S. copyrights and their key effects include:

• Copyright Act of 1790 - established U.S. copyright with term of 14 years with 14-year renewal
• Copyright Act of 1831 - extended the term to 28 years with 14-year renewal
• Copyright Act of 1909 - extended term to 28 years with 28-year renewal
• Universal Copyright Convention - ratified by the U.S. in 1954, and again in 1971, this treaty was developed by UNESCO as an alternative to the Berne Convention
• Copyright Act of 1976 - extended term to either 75 years or life of author plus 50 years (prior to this, "he interim renewal acts of 1962 through 1974 ensured that the copyright in any work in its second term as of September 19, 1962, would not expire before Dec. 31, 1976."); extended federal copyright to unpublished works; preempted state copyright laws; codified much copyright doctrine that had originated in case law
• Berne Convention Implementation Act of 1988 - established copyrights of U.S. works in Berne Convention countries
• Copyright Renewal Act of 1992 - removed the requirement for renewal
• Uruguay Round Agreements Act (URAA) of 1994 - restored U.S. copyright for certain foreign works
• Copyright Term Extension Act of 1998 - extended terms to 95/120 years or life plus 70 years
• Digital Millennium Copyright Act of 1998 - criminalized some cases of copyright infringement

Key international agreements affecting U.S. copyright law include:

• Berne Convention for the Protection of Literary and Artistic Works
• Universal Copyright Convention
• Agreement on Trade-Related Aspects of Intellectual Property Rights

The United States became a Berne Convention signatory in 1988, and the treaty entered into force with respect to the U.S. on March 1, 1989. The U.S. is also a party to TRIPS, which itself requires compliance with Berne provisions, and is enforceable under the WTO dispute resolution process. To meet the treaty requirements, protections were extended to architecture (where previously only building plans were protected from copying, not buildings, though currently the law makes exception for reproduction of buildings in photographs or paintings if they are ordinarily visible from a public place), and certain moral rights of visual artists.