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Appendix A: A Copyright Primer
Pages 65-72

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From page 65...
... In the fifteenth and sixteenth centuries, European governments obliged the emerging printing industry by granting individual printers exclusive privileges to print specified books or classes of books. It was not until the passage of the Statute of Anne in 1710, however, that the English Parliament enacted the basic features of modern copyright protection: exclusive but transferable rights for authors of printed works to print, reprint, and sell those works for specified times, all for the purpose of "the encouragement of learning." Most U.S.
From page 66...
... As technology for making and reproducing works of authorship has expanded and the arts have flourished, Congress has repeatedly amended the Copyright Act to extend to new media and means of exploitation. The domain of copyrighted works expanded over the course of the nineteenth century due to technological advances, changes in the creative market, and resulting changes in the scope of protectable subject matter.
From page 67...
... Building on the more modest amendments of the prior half century, the 1909 Act broadened the scope of copyright protection. It defined copyrightable subject matter to encompass "all the writings of an author." It added to the copyright holder's exclusive rights the right to "make any other version[s]
From page 68...
... Finally, after two decades of study, negotiation, and debate, Congress approved the 1976 Act, which continues to serve as the principal framework for copyright protection in the United States. The 1976 Act expanded the scope of copyrightable subject matter to any original work of authorship fixed in a tangible medium of expression, thus spanning the broad range of literary and artistic expression including literature, music, dance, sculpture, graphics, painting, photography, sound, movies, and computer programming.
From page 69...
... In 1994, with the conclusion of the Uruguay Round of multilateral trade negotiations, the United States implemented the Agreement on 1Under the Copyright Act of 1909, which governs works published with proper notice prior to 1978, copyright registration was not required during the first term (28 years) of protection.
From page 70...
... In response, Congress passed several detailed amendments to the Copyright Act aimed at reforming copyright law for the digital age. The Audio Home Recording Act of 1992 regulated the design of now largely obsolete digital audio tape technology and imposed a levy on the sale of devices and blank media to compensate copyright owners for losses from home copying.
From page 71...
... Thus, independent creation of a copyrighted work does not violate the Copyright Act, nor does copying the unprotected elements of a work, such as facts, ideas, or material that is unoriginal or in the public domain. Although the United States Copyright Office registers works, it does not, unlike the Patent Office, conduct a search of the prior art or make any assessment of validity other than to ensure a modicum of creativity.
From page 72...
... Copyright law affords somewhat greater categorical variation, as reflected in the distinctive rules applicable to music compositions, which are subject to compulsory licensing, and sound recordings, which only enjoy a limited public performance right for broadcast transmissions. In general, however, both copyright and patent can be characterized as granting exclusive rights across broad fields of innovative and creative endeavors, although subject to statutory and jurisprudential variation in scope, rights, exceptions and defenses.


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