Copyright Law

COPYRIGHT LAW

TABLE OF CONTENTS

LAW PORTION

History of Copyright Law 3

Fundamentals of Copyright Law 5

The Feist Case 7

Copyright Law Today 8

ETHICS PORTION

Utilitarianism Approach 10

Rights and Duties Approach 11

Fairness and Justice Approach 12

Conclusion 14

Works Cited 15

LAW PORTION

History of Copyright Law

Our copyright interests, like most of our other rights in the American legal system, have their roots in the English “common law.” The common law system relies on decisions of previous cases. It solves problems after they happen, rather than trying to prevent them, like in civil law. Copyright is almost three centuries old. It actually dates back to 1709 when an English statute called “The Statute of Anne” was passed. Printer/publisher trade was becoming widespread, and both authors and publishers were seeking protection from printers who were copying and selling published books. Parliament then passed the Statute of Anne, which was described as “an Act to vest authors with their copies, for times therein mentioned.”(Godwin 164) Authors were given protection for twenty-one years, after which anyone could print their own copies.

In the early years of the United States, Congress decided they should follow the principle embodied by the Statute of Anne. Hence, the United States Constitution provides in Article I Section 8 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.” (Blanke 224) Our fourth President, James Madison, was the primary drafter of this part of the Constitution. He believed that the copyright law should not only benefit the author, but also the general public. The author would reap the rewards of his work for a limited period of time, and then the public would benefit by receiving those works afterwards. Thomas Jefferson was concerned about any type of monopoly taking place, even a limited one laid out by the copyright law. He finally consented to the notion of a copyright as long as it was for a limited period of time.

The first Copyright Act of 1790 granted copyright to authors of maps, charts, and books for a period of fourteen years, renewable for one additional term of fourteen years. Over the past 200 years, both the scope and duration of copyright has greatly increased. Law has responded as new types of media were developed. During the 1800s, the copyright law was modified several times to expand its scope to include works such as prints and engravings, photographs, paintings, drawings, statues, musical compositions, and public performances of dramatic works. In addition, the length of the first term of copyright was increased from fourteen to twenty-eight years in 1831.

The case of Wheaton v. Peters in 1834 forced the Court to deeply analyze American copyright law, and they came up with a philosophy that is still used today. The case involved a man named Henry Wheaton who sued Richard Peters for using some of his work after he took over Wheaton’s job as Reporter of Supreme Court opinions. The Court settled many issues in its decision on this case. First of all, it decided that the law of previous Court decisions did not establish any copyright interest in Wheaton’s work, and at most there could be only a statutory interest created by the first Copyright Act. Secondly, they ruled that the requirements of establishing a copyright interest under that law must be strictly, not loosely, followed. Next, the Court decided that the purpose of the Copyright Act was not to enrich authors and editors like Wheaton, but to promote science and useful arts. Finally, the Court held, even if Wheaton had been in strict compliance with the statute, which he wasn’t, he would not have succeeded because