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Copyright is a form of intellectual property protection provided by the laws of the United States (Title 17 of the United States Code) to the authors of “original works of authorship ,” including literary. dramatic. musical. artistic, and certain other intellectual works. Copyright protection wholly statutory. [2] There is no copyright protection except as provided by the current Copyright Act .

Much of the structure and basis for American law is derived from its British legal antecedents. After the introduction of the printing press in England [3] in the late 1400s, the Crown's first response was to control what writings were printed or copied. [4] The earliest British copyright laws were enacted in the 1500s to promote censorship by the government in cooperation with a monopolistic group of printers known as the Stationers' Guild. [5]

This system collapsed when the company failed to exercise discretion as censor, but used its monopoly power to set high prices. Parliament's response in 1695 was to allow the Stationers’ copyrights to expire, but this resulted in a period of anarchical publication. [6] Responsive to the Stationers’ petitions to reestablish order in the book trade, but opposed to excessive monopolies, the Parliament passed legislation in 1709 that was supposed to meet both concerns. This was the Statute of Anne. Characterized as the first modern copyright law, it served as the model for copyright law in the United States, and all other English-speaking countries.

Although the Statute of Anne resembled the Stationers' copyright in some ways, it was designed to end their monopoly of the book trade and included several provisions to assure this end. Copyright would no longer be exclusive; the statute made it available to everyone. Moreover, the period of copyright was limited to 14 years. The copyright was renewable for an additional 14 years if the author was still alive. After the expiration of the copyright, the writing became part of the public domain. available for use by anyone.

Entitled “A Bill for the Encouragement of Learning and for Securing the Property of Copies of Books to the Rightful Owners Thereof," the new statute stated clearly that copyright should benefit authors. The law advanced the idea of authors' rights, absent from the Stationers’ copyright, although authors had previously been paid for their works.

After severing political ties with Great Britain, the former American colonies sought means to secure copyright laws. In 1783, the Continental Congress passed a resolution encouraging the various States to enact copyright legislation. All of the States except Delaware enacted some form of copyright statute, although the various State laws differed greatly. [7]

Because of the differences in the State copyright laws and the ensuing difficulties, the Framers of the Constitution. notably James Madison, asserted that the copyright power should be conferred upon the legislative branch. [8] This concept was ultimately adopted, and Congress was granted the right to regulate copyright. [9]

The First Congress in 1790 enacted the first federal Copyright Act. This legislation provided for the protection of authors’ rights. Commentators have written that the central concept of this statute is that copyright is a grant made by a government and a statutory privilege, not a right. [10] The statute was substantially revised in 1831 [11] to add copyright coverage to musical compositions and to extend the term and scope of copyright.

A second general revision of copyright law in 1870 [12] designated the Library of Congress as the location for administration of the copyright law, including the deposit and registration requirements. This legislation extended copyright protection to artistic works.

The third general revision of American copyright law in 1909 [13] permitted copyright registration of certain types of unpublished works. The 1909 legislation also changed the duration of copyright and extended copyright renewal from 14 to 28 years. A 1971 amendment extended copyright protection to certain sound recordings. [14]

The fourth and most recent overhaul of American copyright law occurred in 1976. after years of study and legislative activity. [15]

The U.S. Constitution provides 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." [16] To the framers of the Constitution. "Science" meant knowledge or learning. [17] Copyright was intended to serve as "an engine of free expression." [18]

The framers of the Constitution did not discuss this clause at any length prior to or after its adoption. The purpose of the clause was described in the Federalist Papers by James Madison: