Copyright Law

COPYRIGHT LAW

TABLE OF CONTENTS

LAW PORTION

History of Copyright Law 3

Fundamentals of Copyright Law 5

The Feist Case 7

Copyright Law Today 8

ETHICS PORTION

Utilitarianism Approach 10

Rights and Duties Approach 11

Fairness and Justice Approach 12

Conclusion 14

Works Cited 15

LAW PORTION

History of Copyright Law

Our copyright interests, like most of our other rights in the American legal system, have their roots in the English "common law." The common law system relies on decisions of previous cases. It solves problems after they happen, rather than trying to prevent them, like in civil law. Copyright is almost three centuries old. It actually dates back to 1709 when an English statute called "The Statute of Anne" was passed. Printer/publisher trade was becoming widespread, and both authors and publishers were seeking protection from printers who were copying and selling published books. Parliament then passed the Statute of Anne, which was described as "an Act to vest authors with their copies, for times therein mentioned."(Godwin 164) Authors were given protection for twenty-one years, after which anyone could print their own copies.

In the early years of the United States, Congress decided they should follow the principle embodied by the Statute of Anne. Hence, the United States Constitution provides in Article I Section 8 that Congress has the 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." (Blanke 224) Our fourth President, James Madison, was the primary drafter of this part of the Constitution. He believed that the copyright law should not only benefit the author, but also the general public. The author would reap the rewards of his work for a limited period of time, and then the public would benefit by receiving those works afterwards. Thomas Jefferson was concerned about any type of monopoly taking place, even a limited one laid out by the copyright law. He finally consented to the notion of a copyright as long as it was for a limited period of time.

The first Copyright Act of 1790 granted copyright to authors of maps, charts, and books for a period of fourteen years, renewable for one additional term of fourteen years. Over the past 200 years, both the scope and duration of copyright has greatly increased. Law has responded as new types of media were developed. During the 1800s, the copyright law was modified several times to expand its scope to include works such as prints and engravings, photographs, paintings, drawings, statues, musical compositions, and public performances of dramatic works. In addition, the length of the first term of copyright was increased from fourteen to twenty-eight years in 1831.

The case of Wheaton v. Peters in 1834 forced the Court to deeply analyze American copyright law, and they came up with a philosophy that is still used today. The case involved a man named Henry Wheaton who sued Richard Peters for using some of his work after he took over Wheaton's job as Reporter of Supreme Court opinions. The Court settled many issues in its decision on this case. First of all, it decided that the law of previous Court decisions did not establish any copyright interest in Wheaton's work, and at most there could be only a statutory interest created by the first Copyright Act. Secondly, they ruled that the requirements of establishing a copyright interest under that law must be strictly, not loosely, followed. Next, the Court decided that the purpose of the Copyright Act was not to enrich authors and editors like Wheaton, but to promote science and useful arts. Finally, the Court held, even if Wheaton had been in strict compliance with the statute, which he wasn't, he would not have succeeded because "no reporter has or can have any copyright in the written opinions delivered by this Court; and that the judges thereof cannot confer on any reporter any such right." (Godwin 165)

In 1909 the copyright law was completely rewritten, granting copyrights for all the writings of an author. This was titled the Copyright Act of 1909. Many new types of media surfaced, and copyright law had to be revised to cover them. Principles that were originally intended to pertain only to books, maps, and charts have been applied to new and very different media. These include motion pictures, radio and television broadcasts of sporting events, sound recordings, and computer programs. In addition to covering new types of media, the length of the renewable term was increased to twenty-eight years.

In 1976 the duration of a copyright was expanded to the life of the author plus fifty years, or seventy-five years for a corporate author. The Sonny Bono Copyright Term Extension Act of 1998 increased those periods by twenty years. Consequently the duration of a copyright today is significantly different from that envisioned by both Madison and Jefferson during the Constitutional Era. (Blanke 224-225)

Fundamentals of Copyright Law

Early copyright laws in the U.S. required a number of formalities, including registration, copyright notice and renewal, as a prerequisite for copyright protection. Recent laws have dropped these requirements, and today copyright protection is automatic.

Copyright laws in the United States and elsewhere begin with the principle that neither the creator of a new work of authorship nor the general public ought to be able to receive all of the benefits that flow from the creation of a new, original work of authorship. If creators can't gain some benefit from their creations, they may not bother to make new works. In addition, if distributors