The History of Copyright Flashcards

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1
Q

What has prompted the evolution of copyright law?

A

Technology

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2
Q

What is the WIPO?

A

organization that deal with intellectual trade

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3
Q

What is the Harry Fox Agency?

A

handled mechanical licensing

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4
Q

True/False: almost every country has some form of copyright law

A

True

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5
Q

When did the US sign into the Berne Convention?

A

1989

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6
Q

In ancient times, was there copyright law?

A

No, but there was still the idea that authors should have the right to control the use of his creations

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7
Q

When did Johannes Gutenberg invent the printing press?

A

1436

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8
Q

How did the printing press advance technology?

A
  1. cheaper to produce multiple copies of works
  2. gave public more access to literary works
  3. gave issue to who owned and was entitled to profit from works
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9
Q

What is the 21st century equivalent of the printing press?

A

Internet

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10
Q

True/False: Authors commonly controlled their works in the 17th Century

A

False

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11
Q

Who owned the books in the 17th century?

A

the publishers who bought them from the authors

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12
Q

What was the purpose of guilds?

A

so printers and distributors could avoid competition

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13
Q

Why did governments censor?

A

avoid religious and political dissent

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14
Q

Why were monopolies instituted?

A

to favor publishers to agreed to not publish heretical or objectionable works

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15
Q

When was the licensing act passed?

A

1534

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16
Q

What was the purpose of the 1534 Licensing Act?

A

censorship

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17
Q

What was the 1557 revision to the Licensing Act?

A

required al goods be registered at Stationers’ Company; another form of censorship

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18
Q

When was the Statute of Anne?

A

1710

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19
Q

What was the purpose of the Statute of Anne?

A

for the “encouragement of learning”

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20
Q

What was provided in the Statute of Anne?

A
  1. Can obtain copyright at Stationers’ register
  2. Term of 14 years + 14 years renewal
  3. Transfer copyright to a publisher, but then second renewal rights return to author
  4. Infringement - printing without author’s permission
  5. public domain at end of temr
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21
Q

True/False: The Statute of Anne only applied to books

A

True

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22
Q

Who campaigned for copyright protection in the states?

A

Noah Webster and Thomas Paine

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23
Q

When was the first copyright statute passed and in what state?

A

1783; Connecticut

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24
Q

How many states had passed copyright statutes by 1786?

A

12/13

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25
Q

Where is copyright law found in the US Constitution?

A

Article 1, Section 8

26
Q

What is the purpose of the copyright and patent clause?

A

promote the progress of science and the useful arts. Primary purpose is to benefit the public

27
Q

1790 Act

A
  1. provided an initial term of 14 year + 14 years renewal
  2. limited to books, maps and charts
  3. mirrored Statute of Anne
28
Q

What was changed in the Copyright Act of 1831?

A
  1. initial term of 28 years
  2. pass renewal to widow or children
  3. protects musical compositions
29
Q

What was the purpose of the Copyright Act of 1909?

A

Theodore Roosevelt want to bring US copyright law in line with technological advances of the time

30
Q

What was included in the 1909 revision?

A
  1. protected “all writings of an author”
  2. renewal period : 28 years + 28 years renewal
  3. protected only published works
  4. unpublished works protected by common-law
  5. compulsory mechanical license: reproduce and distribute sound recordings of musical compositions
  6. Royalty rate: $0.02
  7. No protection over sound recordings
31
Q

When was the 1976 Copyright Revision authorized?

A

1955

32
Q

When was the 1976 Copyright Revision passed?

A

1974

33
Q

What changes were made in the 1976 Copyright Act?

A
  1. Protection
  2. Preemption
  3. Subject Matter
  4. Ownership
  5. Duration
  6. Termination Rights
  7. Formalities
  8. Fair Use
  9. Compulsory Licenses
34
Q

True/False: In the 19th Century, the US wanted to extend copyright to foreign works

A

False

35
Q

1976 - Protection

A

begins automatically when work is fixed in a tangible form

36
Q

1976 - Preemption

A

only federal law applies; no common-law

37
Q

1976 - Subject Matter

A

protects any original work of authorship

38
Q

1976 - Ownership

A

author is owner; can transfer less than full ownership; be split into shares

39
Q

1976 - Duration

A

life + 50 years

40
Q

1976 - Termination Rights

A

can terminate ownership transfers and regain full ownership

41
Q

1976 - Formalities

A

registration and recordation made optional

42
Q

1976 - Fair use

A

exception to copyright owner’s exclusive rights, giving others the right to use copyrighted works without permission in certain circumstances and certain purposes

43
Q

1976 - Compulsory License

A

increased rates; added more licenses to allow the use of works upon compliance with certain procedures and payment for specified fees

44
Q

How many times has the 1976 Copyright Act been amended?

A

30+

45
Q

When was the Berne Convention formed?

A

1886

46
Q

What was the purpose of the Berne Convention

A

each country agreed to give foreign works the same degree of protection as its law provided for domestic works

47
Q

1787

A

James Madison submitted to the framers of the Constitution a provision “to secure to literary authors their copyrights for a limited time”

48
Q

1436

A

Johannes Gutenberg invented the printing press

49
Q

1710

A

Statute of Anne

50
Q

1790

A

Congress passed first US Copyright Act

51
Q

1831

A

first general revision of Copyright Act - music added, term extended to 28 years

52
Q

1886

A

Berne Convention - first international copyright treaty

53
Q

1909

A

Copyright Act of 1909 passed

54
Q

1914

A

ASCAP formed

55
Q

1976

A

Fourth revision of US Copyright Act signed into law

56
Q

1978

A

1976 Act became effective (gave people time to adjust)

57
Q

1989

A

US became member of Berne Convention

58
Q

1992

A
  • renewal registration made optional
  • works registered between 1964-1977 automatically renewed
  • Audio Home Recording Act passed
59
Q

1995

A

Performance Right in Sound Recordings Act passed - established sound exchange

60
Q

1998

A
  • Sonny Bono Copyright Term Extension Act - life + 70 years

- Digital Millennium Copyright Act - required that CDs could not circumvent copyright recordings

61
Q

2003

A

MPAA - sued Napster and Grokster - not liable for copyright infringement