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Brief Timeline
of Copyright History
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The laws governing copyright
have been a work in progress for many centuries, and continue to be so
because of the changing world and the technology around us. Thus
starts our saga...
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1476
In England,William Caxton created the
first printing company. This necessitated the establishment of regulations,
therefore, royal grants and patents were given out for exclusive rights
to print certain books. The main purpose of the grants were to raise
government revenue and gain control over publication contents.
( Rothenberg) |
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1557
Queen Mary chartered the Stationers'
Company, which was a trade association of printers and booksellers. (Rothenberg)
They kept records of what each member purchased from authors or other members.
They were regulated by the Court of Star Chamber and achieved a monopoly
on the printing of books. ("Copyright") |
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1694
Many regulations of the press failed
along with the Stationers' Company, therefore many years passed with uncontrolled
literary piracy. ("Copyright") |
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1710
The Statute of Anne was passed marking
the beginning of modern English copyright law. It gave authors exclusive
rights to print their works for fourteen years with a renewal allowed for
another fourteen years. Titles needed to be registered before publication
at the Stationer's Hall and nine copies deposited with the official libraries.
(Clinton) |
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1790
In the United States, after the Revolutiony
War, under the provisions of the Constitution, Congress was given the power
to protect literary property and inventions. In May of 1790, Congress
passed the Copyright Act, which applied to any book, map or chart.
The title of the work needed to be recorded by a clerk of a U.S. District
Court prior to its publication with a notice published in the newspaper
where the author resided. Copyright duration was fourteen years with
the option to renew for the same number of years. (Clinton) Within
two weeks of the law being enacted, works started to be registered. (U.S.
Copyright Office) Unfortunately, foreign authors were not eligible
for protection and therefore their works were freely pirated by American
publishers, thus ignoring American authors. (Rothenberg) |
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1802
Prints, engravings, and cuts were added
to the works protected under the copyright law. For the first time the
word "copyright" was used within the law. (Clinton) |
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1831
Musical compositions received copyright
protection, but not the performance of those compositions were still unprotected..
(Clinton) |
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1856
Dramatic compositions received copyright
protection, along with the right of public performances. (Clinton) |
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1865
Photographs received copyright protection.
(Clinton) |
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1870
Paintings, drawings, sculpture, models,
and designs for works connected with the fine arts were given protection.
(Clinton) Centralization for the process of registration and deposit with
the Library of Congress, under the direction of Ainsworth Rand Spofford,
was also enacted that year. (U.S. Copyright Office) |
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1886
The Bern Union was created in Europe.
(Clinton) [see International Copyright Issues] |
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1891
The Chace Act was enacted, which allowed
foreign authors to file for copyright. Not many took advantage of
this because of the filing procedure. (Rothenberg) |
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1897
Works of fine art, the right of translation,
and the right to performance in public of musical compositions were given
protection, which now protected them from unauthorized public performances.
(Rothenberg) |
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1909
The Copyright Act extended control of
the author (or his assignees, or heirs) the right to make any other version
of a literary work, and the right to convert a drama into a non-dramatic
work. Proprietors of musical works were also protected against unauthorized
recordings. Renewal period was extended another fourteen years, thus
increasing the total term of protection to fifty-six years. (Rothenberg) |
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1912
Motion pictures, which were previously
registered as photographs were added to the classes of protected works.
(U.S. Copyright Office) |
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1947
A new protective category was added
that included lectures, sermons, and addresses prepared for oral delivery.
Models or designs for works of art, reproductions of works of art, and
drawings of plastic works in the scientific or technical character were
also added. The Copyright Llaw was codified into positive law as
Title 17 of the U.S. Code. (Rothenberg) |
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1952
Proprietors of non-dramatic literary
works were given control over public renditions for profit, and the making
of transcriptions or recordings. (Rothenberg) |
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1971
Congress established a limited copyright
on sound recordings that were first recorded and issued beginning February
15,1972. (Rothenberg) |
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1976
On October 19, the copyright law was
radically altered and signed by President Ford. The law increased
the lenght of protection to "the author's life plus fifty years" for new
works and existing unpublished works that had not yet been copyrighted.
For anonymous works, pseudonymous works, and works made for hire, the term
became: seventy-five years from the first publication or 100 years from
the date of creation, whichever was shorter. Cable television, juke
boxes and public broadcasting were subject to new forms of compulsory licensing.
Libraries were prohibited photocopying except under specified conditions.
A new mechanism was instituted for the termination of transfers of copyrights.
The manufacturing clause, the previous mechanism which dealt with books
and periodicals by U.S. citizens and residents or in the English language,
was phased out. The system of copyright notices, which had been punishing
American creators instead of protecting and nurturing them, was liberalized.
(Rothenberg) The law required the notice of copyright to be affixed
to copies of published works in a location that gaves reasonable notice
to the claim to copyright. The symbol ©, the word "copyright" or the
abbreviation "copr." with the year of the first publication and the name
of the owner of the copyright were required to appear on the work. The
symbol "P" with a circle around it was required for sound recordings or
phonorecords with the same standards as previously stated. ("Copyright") |
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1980
An amendment was added to include computer
programs. (U.S. Copyright Office) |
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1982
The rental of audio recordings was added,
which stated that persons who infringed copyright willfully and for purpose
of commercial advantage or private financial gain would be punished. (Clinton) |
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1984
The Semiconductor Chip Protection Act
was passed that protected mask work fixed in a semiconductor chip product.
(U.S. Copyright Office) |
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1988
An amendment was added that brought
the U.S. Copyright Law into compliance with the Bern Convention.
This took many foreign works out of the public domain arena. [See
International Copyright Issues] The following year the U.S. was admitted
into the Bern Convention. (Rothenberg) |
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1990
The Visual Artists Rights Act, the Architectural
Works Copyright Protection Act, and the Computer Software Rental Amendment
were added. These granted moral rights for the first time to works
of visual art, architectural works which now included their presentation
of buildings and models, and restricted commercial rental of computer software.
(U.S. Copyright Office) |
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1992
Modifications were added which automatically
renewed works created before January 1, 1978. This prevented them
from falling into the public domain because of non-renewal. Also, the Audio
Home Recording Act was added. It imposed a surcharge on digital audio
tape recorders and recording media to prevent serial copies from being
made. (Clinton) |
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1996
The Digital Music Transmission Amendment
extended the definition of copyrighted material to include digital music
transmissions, and gave them the same protection of "life plus seventy
years" as phonorecords. (Clinton) |
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1998
On October 27th the Sonny Bono Copyright
Term Extension Act was signed into law, that extended copyright for the
life of the creator plus seventy years. [See Recent and Pending Legislation]
On October 28th President Clinton
signed into law the Digital Millennium Copyright Act. This act is
divided into five titles. Title I, is the World Intellectual Property
Organization Copyright and Performances and Phonograms Treaties Implementation
Act, which implements the WIPO treaties. [see International Copyright Issues]
Title II, is the Online Copyright Infringement Liability Limitation Act,
creates limitations on the liability of online service providers for copyright
infringement when engaging in certain activities. Title III, the
Computer Maintenance Competition Assurance Act, creates an exemption for
making a copy of a computer program by activating a computer for the purposes
of maintenance or repair. Title IV contains miscellaneous provisions
that relate to the functions of the Copyright Office. These functions
include distance education, exceptions for libraries and for making ephemeral
recordings, "webcasting" of sound recordings, and collective bargaining
agreement obligations in the case of transfers of rights in motion pictures.
Title V, is the Vessel Hull Design Protection Act, creates a new form of
protection for the design of vessel hulls. (U.S. Copyright Office) |
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2000
An example of a recent dispute of
copyright law is the charges that were brought against Napster, an online
company which allowed users to download, for free, music that in other
formats was copyrighted. On July 26, the district court issued an
opinion that Napster's users were engaging in extensive copyright infringement
and that Napster is contributory and vicariously liable for their actions.
The court stated that Section 1008 of the Audio Home Recording Act did
not excuse Napster from liability. [See Recent and Pending Legislation]
The Copyright Office on December 11, 2000 amended its definition of public
performance of sound recordings by means of digital audio transmissions,
clarifying that transmissions of a broadcast signal over a digital communications
network, such as the Internet, are not exempt from copyright infringement
liability. (U.S. Copyright Office)
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Throughout time the Copyright
laws have continually changed and will continue to change as different
circumstances arises. The world around us is not static, nor will technology
remain static, therefore when technology progresses, the laws also need
to change to keep abreast of our changing world. Did the writers
of the original copyright law foresee such a future? What will change
next? Since no one owns a crystal ball, only time will tell.
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Relevant Sites
United
States Copyright Office
Copyright
Law 1999: A Brief Review
Copyright
Law
Timeline:
A History of Copyright in the U.S
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