Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
The duration of copyright was in the early printers' privileges for a
short term, as for seven years, except in France, where copyrights were
in perpetuity until the act of the National Assembly; in modern times
the copyright term has been lengthened until a term extending through
and beyond the life of the author has been adopted by thirty-seven
countries, or more than half of those which have copyright laws, of
which four assure perpetual copyright. The Constitution imposes only one
limitation on the comprehensive rights of authors, in the provision that
protection shall be "for limited times" only. This provision has made
the discussion of perpetual copyright purely academic in this country.
The new American code adopts the double term of twenty-eight and
twenty-eight years, making fifty-six years in all, without reference to
the life of the author.
{Sidenote: Previous American practice}
The American law previous to 1909 provided for a uniform term of
twenty-eight years, dating from the time of recording the title, with a
renewal of fourteen years, securable only by the author, or, if he be
dead at the expiration of the term, by his widow or children. No other
heirs or persons could renew. The new code differs in making the renewal
period a second twenty-eight years and extending the right of renewal to
the executors or next of kin and to the proprietors of composite or
other impersonal works; but it still denies renewal to assignee
proprietors of personal works.
{Sidenote: Term in code of 1909}
The American code of 1909 provides (sec. 23) "that the copyright secured
by this Act shall endure for twenty-eight years from the date of first
publication, whether the copyrighted work bears the author's true name
or is published anonymously or under an assumed name," and makes
provision also in the cases specified for renewal for a second period of
twenty-eight years, provided that renewal application is registered in
the Copyright Office "within one year prior to the expiration of the
original term of copyright."
{Sidenote: Renewal}
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