Copyright Act of 1790
Encyclopedia
The Copyright Act of 1790 was the first federal
copyright
act
to be instituted in the United States
, though most of the states had passed various legislation securing copyrights in the years immediately following the Revolutionary War
. The stated object of the act was the "encouragement of learning," and it achieved this by securing authors the "sole right and liberty of printing, reprinting, publishing and vending" the copies of their "maps, charts, and books" for a term of 14 years, with the right to renew for one additional 14 year term should the copyright holder still be alive.
did not apply to the American colonies, although some scholars have asserted otherwise. The colonies' economy was largely agrarian, hence copyright law was not a priority, resulting in only three private copyright acts being passed in America prior to 1783. Two of the acts were limited to seven years, the other was limited to a term of five years. In 1783 several authors' petitions persuaded the Continental Congress
"that nothing is more properly a man's own than the fruit of his study, and that the protection and security of literary property would greatly tends to encourage genius and to promote useful discoveries." But under the Articles of Confederation
, the Continental Congress had no authority to issue copyright, instead it passed a resolution encouraging the States to "secure to the authors or publishers of any new book not hitherto printed... the copy right of such books for a certain time not less than fourteen years from the first publication; and to secure to the said authors, if they shall survive the term first mentioned,... the copy right of such books for another term of time no less than fourteen years. Three states had already enacted copyright statutes in 1783 prior to the Continental Congress resolution, and in the subsequent three years all of the remaining states except Delaware
passed a copyright statute. Seven of the States followed the Statute of Anne
and the Continental Congress' resolution by providing two fourteen year terms. The five remaining States granted copyright for single terms of fourteen, twenty and twenty-one years, with no right of renewal.
of Virginia and Charles Pinckney
of South Carolina
submitted proposals that would allow Congress the power to grant copyright for a limited time. These proposals are the origin of the Copyright Clause
in the United States Constitution
, which allows the granting of copyright and patent
s for a limited time to serve a utilitarian function, namely "to promote the progress of science and useful arts". The first federal copyright act, the Copyright Act of 1790 granted copyright for a term of "fourteen years from the time of recording the title thereof", with a right of renewal for another fourteen years if the author survived to the end of the first term. The act covered not only books, but also maps and charts. With exception of the provision on maps and charts the Copyright Act of 1790 is copied almost verbatim from the Statute of Anne.
The Copyright Act of 1790 was deliberated on and passed during the Second Session of Congress, convened on January 4, 1790. The bill was signed into law on May 31, 1790 by George Washington
, and published in its entirety throughout the country shortly after. At only half a page in the Columbia Centinel, a Boston
newspaper
of the day, the law was considerably shorter than current statutes, which, as of 2003, totalled some 279 pages. The law covered only book
s, map
s, and chart
s; painting
s, drawing
s, and music
were not included until later.
. The first sentences of the two laws are almost identical. Both require registration in order for a work to receive copyright protection; similarly, both require that copies of the work be deposited in officially designated repositories such as the Library of Congress
in the United States, and the Oxford and Cambridge universities
in the United Kingdom
. The Statute of Anne and the Copyright Act of 1790 both provided for an initial term of 14 years, renewable once by living authors for an additional 14 years, for works not yet published. The Statute of Anne differed from the 1790 Act, however, in providing a 21-year term of protection, with no option for renewal, for works already published at the time the law went into effect (1710).
of 1891. Consequently, Charles Dickens
sometimes complained about cheap American knockoffs of his work for which he received no royalty
. The first significant challenge to this law came in the case of Wheaton v. Peters
, decided in 1834.
. In 1834 the Supreme Court
ruled in Wheaton v. Peters
, a case similar to the British Donaldson v Beckett of 1774, that although the author of an unpublished work had a common law
right to control the first publication of that work, the author did not have a common law right to control reproduction following the first publication of the work.
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
to be instituted in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, though most of the states had passed various legislation securing copyrights in the years immediately following the Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
. The stated object of the act was the "encouragement of learning," and it achieved this by securing authors the "sole right and liberty of printing, reprinting, publishing and vending" the copies of their "maps, charts, and books" for a term of 14 years, with the right to renew for one additional 14 year term should the copyright holder still be alive.
Early developments
The 1709 British Statute of AnneStatute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
did not apply to the American colonies, although some scholars have asserted otherwise. The colonies' economy was largely agrarian, hence copyright law was not a priority, resulting in only three private copyright acts being passed in America prior to 1783. Two of the acts were limited to seven years, the other was limited to a term of five years. In 1783 several authors' petitions persuaded the Continental Congress
Continental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
"that nothing is more properly a man's own than the fruit of his study, and that the protection and security of literary property would greatly tends to encourage genius and to promote useful discoveries." But under the Articles of Confederation
Articles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
, the Continental Congress had no authority to issue copyright, instead it passed a resolution encouraging the States to "secure to the authors or publishers of any new book not hitherto printed... the copy right of such books for a certain time not less than fourteen years from the first publication; and to secure to the said authors, if they shall survive the term first mentioned,... the copy right of such books for another term of time no less than fourteen years. Three states had already enacted copyright statutes in 1783 prior to the Continental Congress resolution, and in the subsequent three years all of the remaining states except Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
passed a copyright statute. Seven of the States followed the Statute of Anne
Statute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
and the Continental Congress' resolution by providing two fourteen year terms. The five remaining States granted copyright for single terms of fourteen, twenty and twenty-one years, with no right of renewal.
The Act
At the Constitutional Convention 1787 both James MadisonJames Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
of Virginia and Charles Pinckney
Charles Pinckney
Charles Pinckney may refer to:* Colonel Charles Pinckney , South Carolina politician, loyal to British during Revolutionary War, father of Charles Pinckney, the governor...
of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
submitted proposals that would allow Congress the power to grant copyright for a limited time. These proposals are the origin of the Copyright Clause
Copyright Clause
Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress:- Other Terms :This clause is also referred to as:* Copyright and Patent Clause* Patent and Copyright Clause...
in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, which allows the granting of copyright and patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
s for a limited time to serve a utilitarian function, namely "to promote the progress of science and useful arts". The first federal copyright act, the Copyright Act of 1790 granted copyright for a term of "fourteen years from the time of recording the title thereof", with a right of renewal for another fourteen years if the author survived to the end of the first term. The act covered not only books, but also maps and charts. With exception of the provision on maps and charts the Copyright Act of 1790 is copied almost verbatim from the Statute of Anne.
The Copyright Act of 1790 was deliberated on and passed during the Second Session of Congress, convened on January 4, 1790. The bill was signed into law on May 31, 1790 by George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
, and published in its entirety throughout the country shortly after. At only half a page in the Columbia Centinel, a Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
of the day, the law was considerably shorter than current statutes, which, as of 2003, totalled some 279 pages. The law covered only book
Book
A book is a set or collection of written, printed, illustrated, or blank sheets, made of hot lava, paper, parchment, or other materials, usually fastened together to hinge at one side. A single sheet within a book is called a leaf or leaflet, and each side of a leaf is called a page...
s, map
Map
A map is a visual representation of an area—a symbolic depiction highlighting relationships between elements of that space such as objects, regions, and themes....
s, and chart
Chart
A chart is a graphical representation of data, in which "the data is represented by symbols, such as bars in a bar chart, lines in a line chart, or slices in a pie chart"...
s; painting
Painting
Painting is the practice of applying paint, pigment, color or other medium to a surface . The application of the medium is commonly applied to the base with a brush but other objects can be used. In art, the term painting describes both the act and the result of the action. However, painting is...
s, drawing
Drawing
Drawing is a form of visual art that makes use of any number of drawing instruments to mark a two-dimensional medium. Common instruments include graphite pencils, pen and ink, inked brushes, wax color pencils, crayons, charcoal, chalk, pastels, markers, styluses, and various metals .An artist who...
s, and music
Music
Music is an art form whose medium is sound and silence. Its common elements are pitch , rhythm , dynamics, and the sonic qualities of timbre and texture...
were not included until later.
Provisions
Much of the Act was borrowed from the 1709 British Statute of AnneStatute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
. The first sentences of the two laws are almost identical. Both require registration in order for a work to receive copyright protection; similarly, both require that copies of the work be deposited in officially designated repositories such as the Library of Congress
Library of Congress
The Library of Congress is the research library of the United States Congress, de facto national library of the United States, and the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and...
in the United States, and the Oxford and Cambridge universities
University
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The Statute of Anne and the Copyright Act of 1790 both provided for an initial term of 14 years, renewable once by living authors for an additional 14 years, for works not yet published. The Statute of Anne differed from the 1790 Act, however, in providing a 21-year term of protection, with no option for renewal, for works already published at the time the law went into effect (1710).
Geographic reach
The Copyright Act of 1790 applied exclusively to citizens of the United States. Non-citizens and material printed outside the United States could not be granted any copyright protection until the International Copyright ActInternational Copyright Act
- Purpose of the Act :The International Copyright Act of 1891 is the first U.S. congressional act that extended limited protection to foreign copyright holders from select nations....
of 1891. Consequently, Charles Dickens
Charles Dickens
Charles John Huffam Dickens was an English novelist, generally considered the greatest of the Victorian period. Dickens enjoyed a wider popularity and fame than had any previous author during his lifetime, and he remains popular, having been responsible for some of English literature's most iconic...
sometimes complained about cheap American knockoffs of his work for which he received no royalty
Royalties
Royalties are usage-based payments made by one party to another for the right to ongoing use of an asset, sometimes an intellectual property...
. The first significant challenge to this law came in the case of Wheaton v. Peters
Wheaton v. Peters
Wheaton v. Peters, , was the first United States Supreme Court ruling on copyright. The case upheld the power of Congress to make a grant of copyright protection subject to conditions and rejected the doctrine of a common law copyright. This was also Chief Justice John Marshall's last major...
, decided in 1834.
Federal law
At the time works only received protection under federal statutory copyright if the statutory formalities, such as a proper copyright notice, were satisfied. If this was not the case the work immediately entered into the public domainPublic domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
. In 1834 the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled in Wheaton v. Peters
Wheaton v. Peters
Wheaton v. Peters, , was the first United States Supreme Court ruling on copyright. The case upheld the power of Congress to make a grant of copyright protection subject to conditions and rejected the doctrine of a common law copyright. This was also Chief Justice John Marshall's last major...
, a case similar to the British Donaldson v Beckett of 1774, that although the author of an unpublished work had a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
right to control the first publication of that work, the author did not have a common law right to control reproduction following the first publication of the work.
See also
- Berne Convention Implementation Act of 1988Berne Convention Implementation Act of 1988The Berne Convention Implementation Act of 1988 is a copyright act that came into force in the United States on March 1, 1989, making it a party to the Berne Convention for the Protection of Literary and Artistic Works.- Context :...
- Bilateral copyright agreements of the United StatesBilateral copyright agreements of the United StatesBilateral copyright agreements of the United States are agreements between the United States and another country which allow U.S. authors to claim copyright protection in the other country and authors from that country to claim protection under United States copyright law.The agreements can take...
- Burrow-Giles Lithographic Co. v. SaronyBurrow-Giles Lithographic Co. v. SaronyBurrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 , was a case decided by the Supreme Court of the United States that upheld the power of Congress to extend copyright protection to photography.-Background of the case:...
- History of copyright lawHistory of copyright lawThe history of copyright law starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1709, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein...
- US copyright law