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
1876 and the revenue act of 1889. The provisions of the new measure are
specifically treated and summarized comprehensively in later chapters
and the full text is given in the appendix.
{Sidenote: Design patents}
The bill does not, however, repeal the previous law as to copyright in
designs, which had continued to receive consideration during the
Victorian reign in laws, later than those cited, of 1858-1861, and thus
finally became merged in the protection of patents. Thus "designs
capable of being registered under the patents and designs act, 1907,"
are specifically excepted under clause 22 of the proposed copyright
code.
{Sidenote: Common law rights}
It seems possible that, under the precedent of the acts of 1775 and
1801, the common law rights practically taken away by the statute of
Anne and specifically abrogated by the proposed bill, could have been
restored by legislation. These restrictions have not only ruled the
practice of England ever since, but they were embodied in the
Constitution of the United States, and have influenced alike our
legislators and our courts.
IV
THE HISTORY OF COPYRIGHT IN THE UNITED STATES
{Sidenote: Constitutional provision}
The Constitution of the United States authorized Congress "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." Previous to its adoption, in 1787, the nation
had no power to act, but on Madison's motion, Congress, in May, 1783,
recommended the States to pass acts securing copyright for fourteen
years.
{Sidenote: Early state legislation}
Connecticut in January, 1783, Massachusetts in March, 1783, and Maryland
in April, 1783, had already provided for copyright, twenty-one years
being the usual period. New Jersey on May 27, 1783, and New Hampshire
and Rhode Island in December of the same year, followed Madison's
suggestion. Pennsylvania and South Carolina in March, 1784, Virginia and
North Carolina in 1785, Georgia and New York in 1786, also passed
copyright acts, so that all the thirteen States except Vermont had
separately provided for copyright,--thanks to the vigorous copyright
crusade of Noah Webster, who traveled from capital to capital,--when the
United States statute of 1790 made them unnecessary.
{Sidenote: The act of 1790}
Public-domain text, read in full here on John Shaqi.
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