{"id":88,"date":"2015-06-01T22:32:08","date_gmt":"2015-06-01T22:32:08","guid":{"rendered":"http:\/\/revolutionsincommunication.com\/law\/?page_id=88"},"modified":"2026-01-01T13:07:39","modified_gmt":"2026-01-01T13:07:39","slug":"copyright-history","status":"publish","type":"page","link":"https:\/\/revolutionsincommunication.com\/law\/copyright\/copyright-history\/","title":{"rendered":"Copyright basics & history"},"content":{"rendered":"
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A copyright pirate, 1900.<\/strong> While European countries opposed piracy at the time, US policy did not actually discourage international copyright piracy until the copyright act of 1976, when the US joined the Berne convention.<\/p><\/div>\n

The right of authors, artists and musicians to control who uses and profits from their work has been a source of controversy since the invention of the printing press.<\/p>\n

Today, an international treaty exists to protect these rights, but copyright is usually based in national laws, and these may differ somewhat from country to country.\u00a0 For example, the duration of copyright protection is longer in the US than most other countries, while the “moral rights” of authors and artists tend to get more respect under European laws.<\/p>\n

What is copyright?\u00a0<\/strong><\/span><\/h4>\n

The US patent and copyright system was established\u00a0by the Constitution in 1787.<\/a>\u00a0In Section 8.8, the Constitution says Congress shall have the power:<\/p>\n

… 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;<\/p><\/blockquote>\n

All work becomes technically copyrighted under US law when it is fixed in some medium.\u00a0 Once an idea is written down (or recorded in some way) it is yours.\u00a0 Registration is something you may do to ensure protection, but so long as you can prove the idea was original to you, registration is only necessary for commercial projects.<\/p>\n

Generally, authors, artists and musicians rely on copyright law, while businesses protect their logos and symbols through trademark and\u00a0 inventors rely on patent law. All of these are considered intellectual property.<\/p>\n

Copyright is regulated by the Library of Congress Copyright Office<\/a>. Patents and trademarks are regulated by the US Patent and Trademark Office<\/a>.<\/p>\n

What\u2019s the difference between copyright, trademarks and patents?: \u00a0\u00a0<\/em><\/strong><\/span><\/h4>\n

All three are\u00a0 \u201cintellectual property,\u201d\u00a0<\/strong>and a business might use all three at some point.<\/p>\n

Here\u2019s\u00a0an example from the US Patent and Trademark office<\/a>:\u00a0Imagine\u00a0\u00a0you invent a new type of vacuum cleaner. \u00a0You might apply for a\u00a0patent<\/strong>\u00a0to protect the invention itself. You could apply to register a\u00a0trademark<\/strong>\u00a0to protect the brand name of the vacuum cleaner once its being sold on the market. \u00a0And you might register a\u00a0copyright<\/strong>\u00a0for the TV commercial you use to market the product.\u00a0Those are three different types of protection for three separate types of intellectual property: brands, inventions, and artistic works.\u00a0<\/em><\/p>\n

Copyright duration<\/span>
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Patent<\/strong>\u00a0\u2014 Inventions \u2014 Patents last 28 years. The expiration of patent protections is why we have \u201cgeneric\u201d as opposed to brand-name drugs.<\/p>\n

Trademark<\/strong>\u00a0\u2014 Brands \u2014 Registration usually lasts indefinitely. Trademark rules are enforced under the\u00a0Lanham Act<\/a>, which prevents infringement and false advertising.<\/p>\n

Copyright<\/strong> \u00a0 Creative works \u2013 Registration is from 70 to 120 years, depending on the circumstances, according to the US Copyright Office.\u00a0<\/a><\/p>\n

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