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Copyright Act of 1790

 

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Copyright Act of 1790



 
 
The Copyright Act of 1790 was the first federal
Federal government of the United States

The Federal Government of the United States is the central current reigning United States governmental body, established by the United States Constitution....
 copyright
Copyright

Copyright is a form of intellectual property which gives the creator of an original work exclusive rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain....
 act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 to be instituted in the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, 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 , also known as the American War of Independence, began as a war between the Kingdom of Great Britain and Thirteen Colonies on the North America, and ended in a global war between several European great powers....
. 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.

Copyright Act of 1790 was deliberated on and passed during the Second Session of Congress, convened on January 4 1790.






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The Copyright Act of 1790 was the first federal
Federal government of the United States

The Federal Government of the United States is the central current reigning United States governmental body, established by the United States Constitution....
 copyright
Copyright

Copyright is a form of intellectual property which gives the creator of an original work exclusive rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain....
 act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 to be instituted in the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, 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 , also known as the American War of Independence, began as a war between the Kingdom of Great Britain and Thirteen Colonies on the North America, and ended in a global war between several European great powers....
. 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.

History

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 leader of the Continental Army in the American Revolutionary War and served as the List of Presidents of the United States President of the United States of the United States of Americas ....
, and published in its entirety throughout the country shortly after. At only half a page in the Columbia Centinel , a Boston newspaper
Newspaper

A newspaper is a publication containing news, information and advertising, usually printed on low-cost paper called newsprint. General-interest newspapers often feature articles on Politics, crime, business, art/entertainment, society and sports....
 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 paper, parchment, or other material, usually fastened together to hinge at one side....
s, map
Map

A map is a visual representation of an area?a symbolic depiction highlighting relationships between elements of that space such as Object , regions, and topic-comment....
s, and chart
Chart

and A chart is a visual representation of data, in which the data are represented by symbols such as bars in a bar chart or lines in a line chart....
s; painting
Painting

Painting is the practice of applying paint, pigment, color or other medium to a surface . In art, the term describes both the act and the result, which is called a painting....
s, drawing
Drawing

Drawing is a 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, charcoals, chalk, pastels, marker pens, stylus, or various metals like silverpoint....
s, and music
Music

Music is an art form whose media is sound organized in time. Common elements of music are pitch , rhythm , dynamics , and the sonic qualities of timbre and texture ....
 were not included until later.

Much of the Act was borrowed from the 1709 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 April 10, 1710. It is generally considered to be the first fully-fledged copyright law....
. 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 de facto national library of the United States and the research arm of the United States Congress. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and holds the largest number of books....
 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 provides both undergraduate education and postgraduate education....
 in the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
. 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).

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 Act
International Copyright Act

The International Copyright Act is the first U.S. Congress act that extended limited protection to foreign copyright holders from select nations....
 of 1891. Consequently, Charles Dickens
Charles Dickens

Charles John Huffam Dickens, Royal Society of Arts , pen-name "Boz", was the most popular English people novelist of the Victorian era, as well as a vigorous Reform movement....
 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 ongoing use of an asset, sometimes an intellectual property right.Royalties can be determined as a percentage of gross or net sales derived from use of the asset or a fixed price per unit sold....
. 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....
, decided in 1834.

See also

  • History of copyright law
    History of copyright law

    Copyright was invented after the advent of the printing press and subsequent widening of public literacy. As a legal concept, its origins in uk were from a reaction to printers' monopolies at the beginning of the eighteenth century....


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