Copyright law of the United States
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| Copyright Law of the United States | |
|---|---|
| 94th United States Congress | |
| |
| Citation | 17 U.S.C. §§ 101–810 |
| Enacted by | 94th United States Congress |
| Enacted | October 19, 1976 |
| Signed by | Gerald Ford |
| Signed | October 19, 1976 |
| Status: Amended | |
The Copyright law of the United States is a form of intellectual property law that grants exclusive rights to creators of original works of authorship. These rights are intended to incentivize the creation and dissemination of creative works by providing economic benefits to the creators. The primary statute governing copyright law in the United States is the Copyright Act of 1976, codified in Title 17 of the United States Code.
History[edit | edit source]
The origins of copyright law in the United States can be traced back to the Copyright Act of 1790, which was modeled after the Statute of Anne in Great Britain. The 1790 Act provided protection for maps, charts, and books for a term of 14 years, with the possibility of renewal for an additional 14 years. Over time, the law has evolved through various amendments and acts, including the Copyright Act of 1909 and the Copyright Act of 1976.
Key Provisions[edit | edit source]
The Copyright Act of 1976 introduced several key provisions that form the basis of modern copyright law in the United States:
- Exclusive Rights: Copyright holders have the exclusive rights to reproduce, distribute, perform, display, and create derivative works based on their original works.
- Duration of Copyright: The duration of copyright protection varies depending on the type of work and the date of creation. For works created after January 1, 1978, copyright protection lasts for the life of the author plus 70 years.
- Fair Use: The doctrine of fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.
- Registration and Notice: While registration with the United States Copyright Office is not required for copyright protection, it provides legal advantages, including the ability to file a lawsuit for infringement.
Infringement and Enforcement[edit | edit source]
Copyright infringement occurs when any of the exclusive rights of the copyright holder are violated without authorization. Remedies for infringement include:
- Injunctions: Court orders to stop the infringing activity.
- Damages: Monetary compensation for losses suffered due to infringement.
- Statutory Damages: Pre-determined damages awarded in lieu of actual damages, available only if the work is registered with the Copyright Office.
Related Concepts[edit | edit source]
- Public domain
- Creative Commons
- Digital Millennium Copyright Act
- Berne Convention for the Protection of Literary and Artistic Works
- Sonny Bono Copyright Term Extension Act
See Also[edit | edit source]
- Intellectual property law
- Patent law of the United States
- Trademark law of the United States
- Plagiarism
- Digital rights management
References[edit | edit source]
External Links[edit | edit source]
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Contributors: Prab R. Tumpati, MD
