The document summarizes the history of copyright law from the Licensing Act of 1662 to modern US copyright law under the Copyright Act of 1976. It discusses several important acts and developments, including the Statute of Anne in 1710, the US Constitution giving Congress power to establish copyright, and US Copyright Acts of 1790, 1831, 1909, and 1976 that expanded copyright terms and protections. The Berne Convention of 1886 established international copyright standards that the US later joined in 1989.

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HISTORY of Copyright?

2. THE LICENSING ACT OF 1662
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● .The first modern Act to recognize intellectual property ownership.
● Full Title: "An Act for preventing the frequent Abuses in printing seditious
treasonable and unlicensed Books and Pamphlets and for regulating of Printing
and Printing Presses."
● Printing presses were not to be set up without notice to the Stationers' Company
(thereby, creating a monopoly). Those who did not adhere to this requirement
were severely punished by fine and imprisonment
● In 1695 Parliament refused to renew The Licensing Act.
● The Stationers’ Company argued that authors had a natural right of ownership in
what they wrote (knowing there was little an author could do with such rights other
than sign them over to a publisher).
● In 1710 the Statute of Anne was passed. Notice to the Stationers’ Company was
no longer required, thus it eliminated their monopoly

3. THE STATUTE OF ANNE - 1710
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WHAT IT SAYS:
Whereas Printers, Booksellers, and other Persons, have of late
frequently taken the Liberty of Printing, Reprinting, and Publishing, or
causing to be Printed, Reprinted, and Published Books, and other
Writings, without the Consent of the Authors or Proprietors of such
Books and Writings, to their very great Detriment, and too often to the
Ruin of them and their Families: For Preventing therefore such
Practices for the future, and for the Encouragement of Learned Men to
Compose and Write useful Books; May it please Your Majesty, that it
may be Enacted …

4. ARTICLE 1, SECTION 8, CLAUSE 8 of the
U.S. CONSTITUTION:
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“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 gives Congress the power to establish a system
protecting copyright.

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The Copyright Act of 1790
• The first U.S. Copyright Act
• WHAT IT PROTECTED: Books, maps, and charts (BUT only if published)
• DURATION: 14 year initial term with a 14 year renewal term
Total possible duration of 28 years
Could only renew if the author was still alive.

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The Copyright Act of 1831
• First general revision of the U.S. Copyright Act
• WHAT IT PROTECTED: In addition to books, maps and charts, musical
compositions were added to the types of works protected under
copyright law.
(BUT only if published)
• DURATION: 28 year initial term with a 14 year renewal term
Total possible duration of 42 years
Allowed the renewal right to pass to the author’s widow or children if the
author was not alive at the end of the initial term

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. The Copyright Act of 1909
• First modern Copyright Act
• Second general revision of the U.S. Copyright Act
• WHAT PROTECTED: Expanded to include all “writings” of an author (writings is
is defined broadly) (BUT only if published)
• DURATION: 28 year initial period with a 28 year renewal period
• Failed to bring U.S. copyright law in line with the terms required to join the
main international copyright treaty (the Berne Convention) due to the U.S.’s
insistence on the continued insistence on formalities (e.g., notice and
registration) and a shorter term of protection in the U.S.

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. The Copyright Act of 1909
• Created a compulsory (i.e., mandatory) mechanical license to reproduce and
distribute sound recordings of musical compositions.
• Provided for a two-cent royalty to be paid to the copyright owner of a song for
each record distributed containing that song, provided that the copyright owner
had previously authorized the first recording and distribution of the song.
• Called a mechanical license is now applicable to all types of reproduction
(other than audio-visual reproduction)
• Did not include a right of public performance for sound recordings.
• Still applies to works created before January 1, 1978

9. The Copyright Act of 1976
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Went into effect Jan. 1 1978 --- This is our current copyright law
• Third general revision of the Copyright Act
• WHAT PROTECTED: Original works of authorship fixed in a tangible
medium of expression
At the time the 1976 Act went into effect, registration with Copyright Office was
still required; however, an Amendment went into effect in 1989 (the Berne
Convention Implementation Act) which provided that works were protected as
soon as fixed in a tangible medium of expression.
• DURATION: Life of the author plus 50 years
At the time this Act went into effect, works were protected for Life + 50 years;
This was increased to Life + 70 years upon the passage of a 1998
Amendment (the Copyright Term Extension Act, aka the Sonny Bono Act)

10. The Copyright Act of 1976
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Other important changes made by the 1976 Act:
• Made copyright ownership divisible
• Added the Termination of Transfers right
• Codified the Fair Use Doctrine

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The Berne Convention
• International agreement entered into by multiple nations, formed in 1886 by
several countries (U.S. was not involved at time of formation).
• Each member country agreed to give foreign works the same degree of
protection as its law provided to its domestic works.
• U.S. joined in 1989 after registration requirement was no longer a
requirement for protection.

12. IMPORTANT DATES
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Most important dates for the purposes of this class:
1710 Statute of Anne passed by the English Parliament (first copyright law)
1790 First US Copyright Statute: the Copyright Act of 1790
1831 First General revision of US Copyright Statute: the Copyright Act of 1831
1886 The Berne Convention established
1909 Second General revision of US Copyright Statute: the Copyright Act of
1909
1914 First US Performance Rights Organization formed (ASCAP)
1955 US joined Universal Copyright Convention
1972 Amendment to 1909 Copyright Act adding sound recordings to protected
works

13. IMPORTANT DATES
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• 1976 Third General revision of the US Copyright Statute: The Copyright Act of
1976
• 1978 Effective date of the Copyright Act of 1976 is Jan. 1, 1978
• 1989 US joined the Berne Convention
• 1992 Renewal registration became optional for works copyrighted between
1964 and 1977
• 1998 The Sonny Bono Copyright Term Extension Act passed
NOTE: During the semester, we will discuss the majority of the subject matter
included in Table 2.1 and you will be responsible for understanding the
implications and/or purpose.