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 COPYRIGHT BASICS

What is it?  |  Length of Protection  |  Notable Dates in US Copyright  |  More

WHAT IS COPYRIGHT?

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

To reproduce the work in copies.

To prepare derivative works based upon the work

To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works.

To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work.

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. However, limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.


HOW LONG COPYRIGHT PROTECTION ENDURES?

      Works Originally Created on or after January 1, 1978:
A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death.

For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.



 October 27, 1998
The term of copyright protection for most works extended to the life of the author plus 70 years after the author's death.

June 26, 1992
Renewal registration became optional. Works copyrighted between January 1, 1964, and December 31, 1977, automatically renewed even if registration not made.

January 1, 1978
The term of protection for works created on or after this date consists of the life of the author plus 50 years after the author's death.


 "Rule of Thumb" - Material printed prior to 1935 should be safe to use.

More info:  US Copyright Office's Web Site - www.copyright.gov



July 1, 1909
Renewal term extended to 28 years.

February 3, 1831
First term of copyright extended to 28 years with privilege of renewal for term of 14 years.

May 31, 1790
First copyright law enacted under the new U.S. Constitution. Term of 14 years with privilege of renewal for term of 14 years.


NOTABLE DATES IN UNITED STATES COPYRIGHT
Source:  United States Copyright Office

       August 18, 1787
James Madison submitted to the framers of the Constitution a provision "to secure to literary authors their copyrights for a limited time."

June 23, 1789
First federal bill relating to copyrights (H.R. 10) presented to the first Congress.

May 31, 1790
First copyright law enacted under the new U.S. Constitution. Term of 14 years with privilege of renewal for term of 14 years. Books, maps, and charts protected. Copyright registration made in the U.S. District Court where the author or proprietor resided.

June 9, 1790
First copyright entry, The Philadelphia Spelling Book by John Barry, registered in the U.S. District Court of Pennsylvania.

April 29, 1802
Prints added to protected works.

February 3, 1831
First general revision of the copyright law. Music added to works protected against unauthorized printing and vending. First term of copyright extended to 28 years with privilege of renewal for term of 14 years.

August 18, 1856
Dramatic compositions added to protected works.

March 3, 1865
Photographs added to protected works.

July 8, 1870
Second general revision of the copyright law. Copyright activities, including deposit and registration, centralized in the Library of Congress. Works of art added to protected works. Act reserved to authors the right to create certain derivative works including translations and dramatizations. Indexing of the record of registrations began.

March 3, 1891
First U.S. copyright law authorizing establishment of copyright relations with foreign countries. Records of works registered, now called the Catalog of Copyright Entries, published in book form for the first time in July 1891.

January 6, 1897
Music protected against unauthorized public performance.

February 19, 1897
Copyright Office established as a separate department of the Library of Congress. Position of Register of Copyrights created.

July 1, 1909
Effective date of third general revision of the copyright law. Admission of certain classes of unpublished works to copyright registration. Term of statutory protection for a work copyrighted in published form measured from the date of publication of the work. Renewal term extended from 14 to 28 years.

August 24, 1912
Motion pictures, previously registered as photographs, added to classes of protected works.

July 13, 1914
President Wilson proclaimed U.S. adherence to Buenos Aires Copyright Convention of 1910, establishing convention protection between the United States and certain Latin American nations.

July 1, 1940
Effective date of transfer of jurisdiction for the registration of commercial prints and labels from the Patent Office to the Copyright Office.

July 30, 1947
Copyright law codified into positive law as title 17 of the U.S. Code.

January 1, 1953
Recording and performing rights extended to nondramatic literary works.

September 16, 1955
Effective date of the coming into force in the United States of the Universal Copyright Convention as signed at Geneva, Switzerland, on September 6, 1952. Proclaimed by President Eisenhower. Also, date of related changes in title 17 of the U.S. Code.

September 19, 1962
First of nine special acts extending terms of subsisting renewal copyrights pending Congressional action on general copyright law revision.

February 15, 1972
Effective date of act extending limited copyright protection to sound recordings fixed and first published on or after this date.

March 10, 1974
United States became a member of the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, which came into force on April 18, 1973.

July 10, 1974
United States became party to the 1971 revision of the Universal Copyright Convention as revised at Paris, France.

October 19, 1976
Fourth general revision of the copyright law signed by President Ford.

January 1, 1978
Effective date of principal provisions of the 1976 copyright law. The term of protection for works created on or after this date consists of the life of the author and 50 years after the author's death. Numerous other provisions modernized the law.

December 12, 1980
Copyright law amended regarding computer programs.

May 24, 1982
Section 506(a) amended to provide that persons who infringe copyright willfully and for purposes of commercial advantage or private financial gain shall be punished as provided in Section 2319 of title 18 of the U.S. Code, "Crimes and Criminal Procedure."

October 4, 1984
Effective date of Record Rental Amendments of 1984. Grants the owner of copyright in a sound recording the right to authorize or prohibit the rental, lease, or lending of phonorecords for direct or indirect commercial purposes.

November 8, 1984
Federal statutory protection for mask works became available under the Semiconductor Chip Protection Act with the Copyright Office assuming administrative responsibility. Copyright Office began registration of claims to protection on January 7, 1985.

June 30, 1986
Manufacturing clause of the Copyright Act expired.

March 1, 1989
United States adhered to the Berne Convention for the Protection of Literary and Artistic Works.

November 15, 1990
Section 511 added to copyright law. Provided that states and state employees and instrumentalities are not immune under the Eleventh Amendment from suit for copyright infringement.

December 1, 1990
Effective date of the Computer Software Rental Amendments Act of 1990. Grants the owner of copyright in computer programs the exclusive right to authorize or prohibit the rental, lease, or lending of the program for direct or indirect commercial purposes.

December 1, 1990
Protection extended to architectural works. Section 106A added to copyright law by Visual Artists Rights Act of 1990. Granted to visual artists certain moral rights of attribution and integrity.

June 26, 1992
Renewal registration became optional. Works copyrighted between January 1, 1964, and December 31, 1977, automatically renewed even if registration not made.

October 28, 1992
Digital Audio Home Recording Act required serial copy management systems in digital audio recorders and imposed royalties on sale of digital audio recording devices and media. Royalties are collected, invested, and distributed among the owners of sound recording and musical compositions, certain performing artists, and/or their representatives. Clarified legality of home taping of analog and digital sound recordings for private noncommercial use.

December 8, 1993
North American Free Trade Agreement Implementation Act (NAFTA) extended retroactive copyright protection to certain motion pictures first fixed in Canada or Mexico between January 1, 1978, and March 1, 1989, and published anywhere without a copyright notice; and/or to any work embodied in them; made permanent the prohibition of sound recordings rental.

December 17, 1993
Copyright Royalty Tribunal Reform Act of 1993 eliminated the CRT and replaced it with ad hoc Copyright Arbitration Royalty Panels administered by the Librarian of Congress and the Copyright Office.

December 8, 1994
Uruguay Round Agreements Act restored copyright to certain foreign works under protection in the source country but in the public domain in the United States; repealed sunset of the Software Rental Amendments Act of 1990; and created legal measures to prohibit the unauthorized fixation and trafficking in sound recordings of live musical performances and music videos.

November 16, 1997
The No Electronic Theft Act defined “financial gain” in relation to copyright infringement and set penalties for willfully infringing a copyright either for purposes of commercial advantage or private financial gain or by reproducing or distributing, including by electronic means phonorecords of a certain value.

October 27, 1998
The Sonny Bono Copyright Term Extension Act extended the term of copyright protection for most works to the life of the author plus 70 years after the author's death.

October 28, 1998
The Digital Millennium Copyright Act provided for the implementation of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty; limited certain online infringement liability for Internet service providers; created an exemption permitting a temporary reproduction of a computer program made by activating a computer in the course of maintenance or repair; clarified the policy role of the Copyright Office; and created a form of protection for vessel hulls.


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