1. History and Evolution of Copyright Law Legislative highlights From the Statute of Anne to The TEACH Act Insert Date Insert Instructors’ Names / Titles The following slides are based on the work of the UCLA Library Scholarly Communications Steering Committee

2. Today’s Objectives  Some Important Definitions  Key Milestones in the legislative history of Copyright

3. Disclaimer I am not an attorney, and cannot offer legal advice. The following information is presented to educate about copyright law and institutional policy in general terms. If you are unclear about your options when confronted with a specific legal issue related to copyright, you are urged to consult with an attorney with a background in copyright law.

4. Important Definitions Intellectual Property: Creations of the mind - creative works or ideas embodied in a form that can be shared or can enable others to recreate, emulate, or manufacture them. There are four ways to protect intellectual property - patents, trademarks, copyrights or trade secrets Copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed. http://www.uspto.gov/main/glossary/

5. Important Definitions Patents are a property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted. Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce. Trade Secrets is information that companies keep secret to give them an advantage over their competitors. http://www.uspto.gov/main/glossary/

6. Before the Statute of Anne Basic concept of Copyright can be traced to 5th Century Ireland 1 Guttenberg’s printing press (~1440) The Licensing Act of 1662 (England) 2 –Established a register of licensed books –Included power to seize books suspected of containing material hostile to the Church or Government 1.The Making of Modern Intellectual Property Law: The British Experience, 1760-1911. By Brad Sherman and Lionel Bently. Cambridge: Cambridge University Press, 1999 2.Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

7. Statute of Anne, 1710 This act established the principles of authors' ownership of copyright and prevented a monopoly on the part of the booksellers. It also created a "public domain" for literature by limiting terms of copyright and by ensuring that once a work was purchased the copyright owner no longer had control over its use. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

8. January 8, 1783 Connecticut became the first state to pass a copyright statute, entitled "An Act for the Encouragement of Literature and Genius". It was enacted due to the advocacy of Dr. Noah Webster. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

9. August 18, 1787 James Madison submitted to the framers of the Constitution the following provision: “The Congress shall have 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.” –From Article 1, Section 8 of the U.S. Constitution Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

10. May 31, 1790 President George Washington signed the first copyright bill into law. Books, maps, and charts were protected for a term of 14 years, with the privilege of renewal for another 14 years. Copyright registration was made in the U.S. District Court where the author or proprietor resided. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

11. April 29, 1802 The Copyright Act was amended to extend protection to "historical and other prints" and to require that copyright notices be printed on protected works. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/ ©

12. February 3, 1831 The first comprehensive revision of the copyright law protected musical compositions, extended the term of copyright to 28 years plus, and allowed a 14 year renewal term. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

13. August 18, 1856 Copyright protection was given to dramatic works. March 3, 1865 Photographs and photographic negatives were added to the list of works protected by copyright. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

14. July 8, 1870 The second general revision of the copyright law. Works of art were added to the list of protected works. Copyright activities, including deposit and registration, were centralized in the Library of Congress. Authors were given the right to dramatize or to translate their own works. Indexing of the record of registrations began. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

15. March 3, 1891 The International Copyright Act was signed, the first U.S. copyright law that authorized establishment of copyright relations with foreign countries. January 12, 1895 The Printing Act of 1895 prohibited the copyrighting of any Federal government publication. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

16. January 6, 1897 Copyright revision protected music against unauthorized public performance. February 19, 1897 The Copyright Office is established as a separate department of the Library of Congress. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

17. July 1, 1909 The third general revision of the copyright act became effective on July 1, 1909. This law broadens the subject matter of copyright to include "all the writings of an author" and extends the renewal term from 14 to 28 years. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

18. August 24, 1912 The Townsend Amendment of 1912 results in motion pictures, previously registered as photographs, being specifically added to the categories of protected works. January 1, 1953 Recording and performing rights are extended to nondramatic literary works. These would include poetry, novels, and textbooks. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

19. September 19, 1962 Beginning in 1962, Congress enacted the first of a series of nine acts extending the renewal term for existing works. The effect of these laws was to extend to December 31, 1976, the renewal term of all works scheduled to expire between September 19, 1962, and December 31, 1976. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

20. October 19, 1976 President Ford signed the fourth general revision of the copyright law: The Copyright Act of 1976 The law went into effect on January 1 st, 1978. This is the current law – but it has gone through several revisions, most significantly: Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

21. U.S. signs the Berne Convention On March 1, 1989 United States passed a bill adhering to the Berne Convention for the Protection of Literary and Artistic Works. This brought U.S. law in accordance with this international treaty, bringing in the concept of an author’s Moral Rights, and most significantly made the requirement for copyright notice optional. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

22. The Sonny Bono Copyright Term Extension Act Signed into law on October 27, 1998, this act extended the term of copyright protection for most works to the life of the author plus 70 years after the author's death. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

23. Digital Millennium Copyright Act This act became law the next day (on October 28 th, 1998), and was designed to implement the treaties signed in December 1996 at the World Intellectual Property Organization (WIPO) Geneva conference. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

24. Digital Millennium Copyright Act Highlights include: Limits certain online infringement liability for Internet service providers; Bans circumventing or tampering with the copyright protection and encryption devices commonplace in software, DVDs, and CDs. Clarifies the role of the Copyright office Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

25. The TEACH Act The Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 provided limited exceptions for the use of copyrighted works by accredited nonprofit educational institutions in distance education. Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

26. Copyright has evolved in many ways Copyright Term has extended Notices and registration practices have changed Types of rights, and materials covered, has expanded Public Domain has become a valued principle Fair Use continues to find its boundaries International agreements have grown more robust and complex Excerpted from: http://www.loc.gov/teachers/copyrightmystery/text/files/http://www.loc.gov/teachers/copyrightmystery/text/files/

27. Copyright Term Extensions Initial Term 14 years (Statute of Anne, 1709) 1962 59 years 1965 61 years 1967 62 years 1969 63 years 1970 64 years 1971 66 years 1972 68 years 1974 70 years 1976 75 years 1998 95 years

28. “The primary objective of copyright is not to reward the labor of authors, but [t]o promote the Progress of Science and Useful Arts. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of sciences and art.” –Justice Sandra Day O’Connor FEIST PUBLICATIONS, INC. v. RURAL TEL. SERVICE CO., 499 U.S. 340, 349-50 (1991 )

29. Suggestions for further reading “Owning the past: A Brief History of Copyright” by Daniel J. Cohen and Roy Rosenzweig: http://chnm.gmu.edu/digitalhistory/copyright/1.php Vaidhyanathan, Siva. Copyrights and Copywrongs. NYU Press, 2001. 0-8147-8806-8.

30. Need Further Help? The UCLA Library can help with questions about the history of Copyright law. email us: copyright@library.ucla.educopyright@library.ucla.edu

31. Questions? Thank You! Acknowledgements The preceding slides are based on the work of the UCLA Library Scholarly Communications Steering Committee Photo from flickr: http://www.flickr.com/photos/marcobellucci/3534516458/http://www.flickr.com/photos/marcobellucci/3534516458/