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Contracts
Rutgers University, Newark School of Law
Tractenberg, Paul

–          Copyright Outline Fall 2005 Levi

–          The Concept of Copyright
o       Historical Perspective
§         England and the Statute of Anne
·         The author’s right to his or her manuscript was recognized on principles of natural justice, being the product of intellectual labor and as much the author’s own property as the substance on which it was written.
·         Statute of Anne (1709) was the first statute specifically to recognize the rights of authors and is the foundation of all subsequent copyright legislation.
·         Key Provisions:
o        Exclusive right of author of new works to print books for 14 years
o        Renewal period of 14 years of author is alive
o        Registration required
o        Penalty if others print the work without the consent of the proprietor. 
§         The Colonies and the Constitution
·         After the Revolution, all colonies but DE passed laws affording some protection to authors.
·         Constitution empowered Congress “to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Art I, §8, cl 8.
§         The First United States Copyright Statute
·         Act of 1790 – assured protection to the author or his assigns of any “map, chart or book” for 14 years upon:
o        Recording the title, prior to publication, in the register book of the clerk
o        Publishing a copy of the record in one or more newspapers
o        Depositing a copy of the work in the office of the Sec. of State within 6 months of publication.
·         Renewal for 14 years if author was living throughout the first term and if title entered and record published again.
·         Provision against unauthorized use of author’s manuscript
·         Burden of proof on author, courts construed the statute very strictly.
·         Wheaton v. Peters – Π was former Reporter for S.Ct, Δ was current Reporter who wanted to publish Consolidated Reports, including decisions previously published by Π. Case held that there was no federal common law copyright.
§         Statutory Revision
·         New subjects were added: prints, musical compositions, dramatic compositions with the right to public performance, paintings, drawings, sculpture and models and designs for works of fine arts.
·          First term extended to 28 years with the privilege of renewal for 14 years solely to the author or his widow and children.
§         The 1909 Act
·         For published works, copyright begins with publication of the work with copyright notice.
·         Statutory copyright available for unpublished works designed for exhibition, performance or oral delivery.
·         Renewal term extended for a maximum possible term of 56 years – 28 years of initial protection, then another 28 years of renewal, but have to file within the right time period to get the renewal benefit.
·         Certificate of re

hroughout member countries, sole condition being publication of the work in any Union country not later than the date of publication elsewhere. Protection of unpublished works is limited to citizens or residents of a Union country.
o        US law conflicted with Berne à not a member
·         Universal Copyright Convention, effective 1955 – works by a national of a member nation, as well as works first published within the Union, were protected in every other member nation.
·         1988 – US ratified Berne Convention and made changes to US law to comply
o        Notice became options
o        No need to record transfers of rights before suit
o        Initial substitution of negotiated licenses instead of compulsory licenses, with compulsory licenses where no agreement was reached.
§         Subsequent Amendments to the 1976 Copyright Act
·         1990 – Visual Artists Rights Act – gives authors of certain pictorial, sculptural, and photographic works limited rights of attribution and integrity in the original physical copies of their works.
1990 – Architectural Works Copyright Protection Act – grants protection to completed architectural structures as well as plans and models.