Copyright Act of 1790

Copyright Act of 1790
source
Shorttitle	Copyright Act of 1790
Longtitle	An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned.
Enacted by	1st United States Congress
Effective	May 31, 1790
Cite public law	1 Stat. 124
Cite statutes at large	1, 124
Acts repealed	Copyright Act of 1909
Introducedin	House
Introducedby	Elias Boudinot
Committees	House Judiciary Committee
Passedbody1	House
Passeddate1	May 21, 1790
Passedbody2	Senate
Passeddate2	May 18, 1790
Signedpresident	George Washington
Signeddate	May 31, 1790
Amendedby	Copyright Act of 1831

Copyright Act of 1790 was the first federal copyright law enacted by the United States Congress following the ratification of the United States Constitution. Signed into law by President George Washington on May 31, 1790, it established a national system for securing exclusive rights to authors for their creative works. The statute was heavily influenced by the Statute of Anne from Great Britain and implemented the constitutional copyright clause empowering Congress to promote science and useful arts. This foundational legislation provided a fourteen-year initial term of protection, with the possibility of a fourteen-year renewal, for maps, charts, and books.

Background and legislative history

The impetus for federal copyright legislation stemmed directly from Article I, Section 8, Clause 8 of the United States Constitution, which granted Congress the power to secure exclusive rights to authors and inventors. Prior to this, several states, including Connecticut and Massachusetts, had enacted their own copyright statutes, creating a patchwork of protections. Key advocates like Noah Webster lobbied vigorously for a uniform national law to protect American authors. The bill was introduced in the 1st United States Congress by Representative Elias Boudinot of New Jersey and was shaped by the work of committees including the House Judiciary Committee. The final act reflected a compromise between fostering a domestic literary culture and ensuring public access to knowledge.

Provisions of the act

The act granted authors who were citizens or residents of the United States the exclusive right to print, reprint, publish, and vend their maps, charts, and books for a period of fourteen years from the date of first publication. If the author was living at the end of that term, they could apply for a second fourteen-year term. The law required that a copy of the title be deposited with the clerk of the district court where the author resided. Furthermore, a copy of the work had to be delivered to the Secretary of State within six months of publication to maintain the protection. The act included penalties for infringement, including forfeiture of unauthorized copies and a fine of fifty cents per sheet found.

Significance and impact

This law marked a critical step in defining American intellectual property policy, shifting authority from the states to the federal government. It provided the legal foundation for a professional class of American authors, encouraging works distinct from those imported from Europe. Early beneficiaries included figures like Thomas Paine and the aforementioned Noah Webster, whose spelling book was among the first registered works. The act's stated purpose of encouraging learning by securing temporary monopolies balanced private incentive with public benefit, a principle that continues to underpin United States copyright law. It also initiated the practice of depositing copies with the government, leading to the collections of the Library of Congress.

Subsequent amendments and related legislation

The act was first substantially revised by the Copyright Act of 1831, which extended the initial term to twenty-eight years with a possible fourteen-year renewal. Major legislative milestones that followed included the Copyright Act of 1870, which centralized registration in the Library of Congress, and the Copyright Act of 1909, which further extended terms and addressed new technologies. The foundational framework was eventually replaced by the Copyright Act of 1976, which forms the basis of modern law. Other significant related statutes include the Berne Convention Implementation Act of 1988 and the Digital Millennium Copyright Act.

Key court cases and interpretations

Early judicial interpretations helped define the scope and limits of federal copyright. In the case of Wheaton v. Peters (1834), the Supreme Court of the United States ruled that copyright was not a common law right but a statutory grant, and it affirmed the requirement of strict adherence to statutory formalities like deposit. Another pivotal case, Clayton v. Stone (1829), addressed the copyrightability of a price-current list, with the United States Circuit Court for the Southern District of New York holding it was not a "book" under the act. These early decisions, along with others like Backus v. Gould (1849), established important precedents regarding the nature of protected subject matter and the necessity of compliance with procedural requirements.

Category:1790 in American law Category:United States federal copyright legislation Category:1st United States Congress