COPYRIGHT. The exclusive right of re producing, by writing, printing, or otherwise. the language and form of a literary or artistie pro duction, and of publishing and vending the same. In this broad sense the right is wholly modern. being based upon a series of statutes, beginning with 8 Anne, c. 19, in England. and with the first Federal Copyright Act passed by the Con gress of the United States in 1790.
Copyright in published works exists in Eng land to-day by virtue of the Copyright Act of 5 and 6 Viet.. C. 45 (1S42). With this must, however, be considered the following amend ments: 1844, international provisions: 1847. Colonial act; 1S50, designs and sculpture; 1852, international and engravings; 1862. fine arts; 1875. international, for dramatic works; 1S75, Canada; 18,82, musical compositions; 1886, in ternational; 1887. order in council (confirming the Bern eonvention); and 1888, musical com positions. In the United States. the matter is one for national and not for State regulation, the power "to promote the progresis of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and being vested in Congress by Art. I. Sec. S of the Constitution. The only effective restriction which this clause places upon the power of Congress to legislate concerning copyrights is the virtual prohibition of the grant of 9 perpetual right of this ohmme ter. The apparent limitation of the power to a copyright for 'writings' only. has been removed by judicial construction. the term 'writings' hav ing been held to include maps, charts, mnsie. prints, engravings, drawing's. paintings, and photographs, as well as books. written and print ed articles, and the like. The power to protect the author of a book in the right to dramatize the same, and the author of a dramatic composi tion in the right of publicly performing or repre seating it, is obviously included within the con stitutional provision. But it is not clear whether the protection afforded by the copyright law to sculptors places them in the category of authors of writings or of inventors or designers. How ever this may be, there is no dispute as to the authority of Congre•i to enact general copyright legislation.
The law now in force is to be found, in sub stance, in U. S. Rev. Stat.. Tit. 60, Chap. 3. The most important modification of this act is the enactment of March, 1891, introducing interna tional provisions. Further amendments are:
1893. deposit of copies: 1895, limitation of pen alty for art infringements; 1897, additional penalty for dramatic infringements; 1897, in stituting the register of copyrights; 1897, penalty for fraudulent notice. Under the act of 1870, the supervision of the business of copyrights is placed under the control of the Librarian of Congress. Under the act of 1S07, the office of Begi,ter of Copyrights was created. The details of the copyright business are managed by the Register, who remains, however, subject to the general supervision of the Librarian of Congress. The statute provides that two copies of the work copyrighted, printed from type set within the limits of the United States (except in the case of musical compositions), shall be deposited in the office of the Librarian of Congress not later than the day of publication of the work in this or any foreign country. The original jurisdic tion of all suits under the copyright laws rests with the United States circuit courts. Under the interpretation of the United States courts. copy right in published works exists only by virtue of the statute.
The terms of these acts are very similar to those of the English law, and provide that the author, inventor, designer, or proprietor of any hook, map, chart, dramatic or musical composi tion. engraving, cut. print, or photograph, or negative thereof, or of a painting, drawing, chromo, statue, statuary, etc.. being a citizen of the United States or a resident therein, or a citizen of any State which grant; reciprocal privi leges to citizens of the United States. may secure the sole liberty of printing, reprinting, publishing. copying. executing, and vending them for the term of twenty-eight years. which period may, on the application of the author or inven tor, or, if lie be dead. of his widow or children, be extended to a further period of fourteen years. The time limit of the first American Act is that specified (for books thereafter printed) in the English statute of 1709. and was originally adopted by analogy from the Statute of Monopo lies (21 Jac. I., c. 31. which permitted a royal patent to be granted to any inventor of a new manufacture for the sole working or making of the same for a period of fourteen years. and which is the foundation of our patent laws.