“An original writer is not one who imitates nobody, but one whom nobody can imitate.” This is what François-René de Chateaubriand said once. And I feel this holds when discussing the Copyright Act of 1976!
A provision that prevents imitating your original work- an interesting concept, isn’t it? Well, that’s exactly what this act is all about.
The Copyright Act of 1976 came into effect on January 1, 1978. For those of you who are not very aware of it, it serves as the pioneer and foundation of Copyright Law in the United States, protecting works of original authorship.
Additionally, there have been several major changes ever since it came into effect. For instance, it has:
- Spelled out the elementary rights of copyright holders
- Introduced and codified the policy of “fair use”
- Introduced a new concept to the “term of copyright”
But is that all? Nope! Let me explain this act in detail so that you won’t feel confused later on.
Copyright Act of 1976: A Brief History Of The Act
The last recorded update to the US Copyright laws was in 1909. The intellectual property sphere has made considerable progress since then.
Apart from literary works, motion pictures, radio, television, and sound recordings were now in the picture.
The US participation in the Universal Copyright Convention (UCC), held in Geneva, was a turning point. Gradually, the Register of Copyrights in the US began formulating the current Act.
A plethora of Congress-commissioned studies were conducted, which led to the publication of a detailed report(1961) on the revisions of the currently existing copyright laws.
The bill was then introduced in both houses of Congress and the Senate. The approved version was finally introduced under Title 17 of the United States Code.
The law, enacted in 1978, was considered a fair compromise between the author’s and the creator’s sides.
| HISTORICAL CONTEXT OF THE COPYRIGHT ACTS OF 1976 The Act was designed to modernize copyright laws that were outdated due to technological advancements since the Copyright Act of 1909. It aimed to address issues arising from new media forms like television and digital content distribution. |
Purpose and Flagbearers of the Act
Before 1976, there was no specific Act to understand the statutory copyright law in the US. Congress created this Act as a future safeguard against any form of copyright infringement.
The 1970s were a peak decade for technological advancements. Whether it was television or motion pictures, copyright issues in this particular aspect couldn’t be covered by the Act of 1909.
In addition, Barbara Ringer, who coined the overall Copyright Act of 1976, actively took up the role of drafting the new copyright act.
After coining the Copyright Act of 1976, Barbara Ringer became the US Registrar of Copyrights in 1973. She even started advocating for the author’s rights with new technological advances.
The UCC also played a major role in forming this Act. The UCC’s active participation was recognized even in the Berne Convention.
The US later became a party to the UCC in 1955. Here, Congress passed Public Law 743 to adhere to the conventions’ standards.
What are Termination Rights in Copyright?
This Act codified the requirement that writers and other artists properly license their works. If not, they can face termination. The main purpose of adding this part to the Act is to renegotiate licenses later to leverage the original works’ value.
Even if it was not apparent during creation, this renegotiation of the license will help evaluate the work’s worth.
The termination clause became effective in 1978 and does not apply to other works in the hire. Your attorney must create a notice at least two years before the 35-year date given. This gives the holder the right to prepare properly.
Impact of Termination Rights in Copyright
Even though the termination right in copyright came into being in 1978, it finally started getting implemented in 2013. This created a notable media sensation when Victor Willis wrote a song on terminating rights for The Village People.
This, in turn, led to a notable lawsuit called Scorpio Music v. Wills. In this case, the court upheld Willis’s termination rights.
In this case, the songwriters also started seeking termination rights. This event impacted the film industry as well, which became extremely prevalent during the start of the 1980s.
Difference Between the Copyright Act of 1909 and the Copyright Act of 1976
While it is true that I am talking about the Copyright Act of 1976, let me tell you how things changed since the first copyright law was passed in 1909. Here, take a look at the differences:
| Parameter | Copyright Act of 1909 | Copyright Act of 1976 |
| Duration of Copyright | Lasted for 28 years with the possibility of renewal for an additional 28 years, totaling a maximum of 56 years. | Extended the duration to the life of the author plus 50 years (later amended to plus 70 years), or 95 years for works made for hire. |
| Scope of Protection | limited to published works and required a copyright notice; unpublished works were governed by state law. | Broadened protection to include all original works fixed in a tangible medium, regardless of publication status, eliminating the need for a copyright notice for protection. |
| Fair Use Doctrine | Did not explicitly recognize fair use; users had to seek permission for most uses | Codified the fair use doctrine, allowing limited use of copyrighted material without permission under certain conditions |
| Formalities | Required formalities such as registration and copyright notice for protection. | Reduced reliance on formalities, allowing automatic protection upon creation without registration. |
| Subject Matter | Defined “writings of an author” but did not explicitly cover emerging media forms. | Expanded the definition to “original works of authorship,” explicitly including categories like audiovisual works and choreography. |
Copyright Act of 1976: Provisions Of Significance
| THINGS TO KNOW ABOUT THE COPYRIGHT ACT OF 1976 • Fair Use Doctrine: The Act codified the “fair use” doctrine, allowing limited use of copyrighted material without permission for purposes like education and criticism, provided it doesn’t harm the work’s market value. • Subject Matter: Copyright protection covers many original works, including literary, musical, dramatic, and audiovisual works. This broad definition was intended to adapt to future technological developments. • Implications for Creators: The Act significantly impacts how creators manage their rights and how their works are used in various industries, emphasizing the importance of understanding these legal protections in today’s digital landscape. |
So, what does the Federal Copyright Act of 1976 specify?
The law declares any previously existing laws on Copyright in the United States to be null and void if they directly violate the provisions of this Act. The most commonly applicable sections include the following:
Section 102: Subject Matter Of The Act
This section defines the areas of creation to which the Act is applicable. It states that the work should be:
- An original work of authorship
- Recorded in a tangible means of expression.
The term “works of authorship” is defined to include the following:
1. Literary Works: Literary work may include dissertations, textbooks, poems, novels, catalogs, magazines, etc. Some of the popular infringement cases include
- Warner Bros. v. RDR Books( Harry Potter Universe)
- Dr. Suess Enterprises v. Penguin Books USA(The Cat is Not in The Hat)
2. Music Works(And Accompanying Words): There is a copyright to the composition and sound recording. Lyrics that are not self-published fall under composition copyright. Some of the most popular music copyright infringement cases include
- Dua Lipa v. Artikal Sound System( Soundtrack: Levitating)
- BTS & Big Hit Entertainment (HYBE) v. Bryan Kahn
3. Dramatic Works(And Accompanying Music): The purview of dramatic works may include but is not limited to
- operas,
- ballets,
- screenplays, and plays.
4. Choreographic Works And Pantomimes: These also fall under the purview of dramatic works.
5. Graphic, Pictorial, And Sculptural Works: These need to possess some degree of creative authorship.
6. Motion Pictures: These include camera, sound, and dialogue. Some important cases include
- Paramount Pictures v. Carol Publishing
- Anderson v. Stallone(Rocky IV)
7. Audio-Visual Works: These include artistic performances, including film soundtracks.
8. Sound Recordings: This right protects against bootlegging and unauthorized sale and dealings of soundtracks.
Section 106: Exclusive Rights
The Copyright Act of 1976 establishes a list of exclusive rights copyright holders can enjoy. They are as follows:
- The Exclusive Right To Reproduce: The first owner of the copyright, the author has every right to reproduce their original work, be it copies or covers.
- The Right To Create Derivative Works: The author can create content derived from his original copyrighted work.
- Right To Distribute Copies And Phonorecords Of The Original Work To The Public By Sale, Lease, Or Renting Out: This right also allows the copywriter to prohibit unauthorized distribution of their work.
- The Right To Perform The Copyrighted Work Publicly: This is applicable in the case of literary, choreographic, motion picture, pantomime, musical, dramatic, or audiovisual work.
- The Right To Display The Work Publicly: This is also applicable in the case of literary, choreographic, motion picture, pantomime, musical, dramatic, or audiovisual work.
Section 107 Of The Copyright Act 1976: Fair Use
This is one of the major defenses to copyright infringement claims. Even if the action technically falls under the purview of Section 106, this Section states that fair use does not constitute copyright infringement.
This Section is specifically applicable to the following areas, although not limited to it:
- News reporting.
- Scholarship.
- Teaching.
- Research purposes.
- Criticisms.
Section 302: Term Of Protection Of Copyright
This Section states that copyright extends to “a term consisting of the author’s life and fifty years after the author’s death.”
For anonymous works, pseudonyms, and works made for hire(done as part of the job), the protection period extends to 75 years.
The Copyright Term Extension Act was passed in 1998, extending the copyright term to the author’s lifespan and 70 more years: 95 years from the date of publication or 120 years from the date of creation for works made for hire.
Section 204: Transfer Of Copyright
This Section elaborates on the transfer of ownership of copyrights. For the successful transfer of copyrights, verbal consent is not enough.
The owner has to sign a statement to that effect. In case of the copyright transfer of a single existing copy, the owner signs away the entirety of his copyrights.
Section 408: Registration Of Copyright
This Section states that registering one’s intellectual property is not a prerequisite for owning the copyright. Although, if one has to take action against infringement, registration is necessary.
Additionally, you need to submit a couple of copies of the work to the office when published for it to be registered under the owner.
Section 203: Termination Of Rights
This Section states that the copyright ceases to exist 35 years after it was granted for licensed works.
First, a notice must be issued to the grantee 2 years before the end of 35 years stating the termination in writing. The author must sign it. This section does not apply to works on hire.
The Copyright Royalty Board
The provisions of the Copyright Royalty Board are dealt with under
- Copyright Royalty and Distribution Reform Act of 2004.
- Copyright Royalty Judges Program Technical Corrections Act.
The Copyright Royal Judges look after minimizing disruptions to the institutions benefiting from the Copyright Laws of the USA.
Your Legal Guide to Copyright Laws
The Copyright Laws of the United States are not exhaustive, and new additions have been made to reflect society’s changing times and requirements.
It has also made considerable progress in cyber law, protecting the works of creators and specialists from infringements.
The fair usage policy has brought about revolutionary changes to the previously staunch and inflexible copyright provisions.
Stay tuned to learn more about upcoming amendments and regulations!
Read Also:
I was wondering if you ever thought of changing the page
layout of your website? Its very well written; I love what youve got to say.
But maybe you could a little more in the way of content so people could connect with
it better. Youve got an awful lot of text for only
having 1 or two images. Maybe you could space it out better?
It’s really very complicated in this active life to
listen news on TV, so I simply use the web for that reason, and take the most recent news.
For example, in case you are investing in a restaurant, the amount of your funding will probably be in comparison with the
overall cost of the restaurant.
Im grateful for the article post.Much thanks again. Fantastic.
Attractive component of content. I just stumbled
upon your website and in accession capital to claim that I acquire in fact loved account your weblog posts.
Any way I will be subscribing for your feeds and even I success you get right of entry
to consistently quickly.
Greetings I am so delighted I found your website, I really found you by error, while I was
looking on Bing for something else, Anyways I am here now and would just like to say thank you for a tremendous post and
a all round exciting blog (I also love the theme/design), I don’t have
time to browse it all at the minute but I have bookmarked it and also added in your RSS feeds, so when I have time I will
be back to read a great deal more, Please do keep up the great job.
Great post. I used to be checking constantly this blog and I am impressed!
Very useful info particularly the remaining phase :
) I maintain such info a lot. I used to be looking for this particular info for a very long
time. Thank you and good luck.
Good day! This is kind of off topic but I need some advice
from an established blog. Is it hard to set up your own blog?
I’m not very techincal but I can figure things out pretty fast.
I’m thinking about setting up my own but I’m not
sure where to start. Do you have any points or suggestions?
Thanks
Greate article. Keep writing such kind of information on your site.
Im really impressed by your blog.
Hello there, You’ve performed an incredible job. I’ll definitely digg
it and in my view recommend to my friends. I am confident they will be
benefited from this website.
hi!,I really like your writing very a lot! share we be in contact more
about your post on AOL? I need an expert on this area to unravel my problem.
Maybe that is you! Looking ahead to see you.
Do you mind if I quote a few of your articles as long as I provide credit and
sources back to your weblog? My blog site is in the very same area of interest as yours and
my visitors would definitely benefit from a lot of the information you present here.
Please let me know if this okay with you. Regards!
What’s up colleagues, nice paragraph and nice urging commented here, I am genuinely enjoying by these.
Interesting blog! Is your theme custom made or did you download
it from somewhere? A design like yours with a few simple tweeks
would really make my blog jump out. Please let me know where you got your
theme. Cheers
Hey there! This is kind of off topic but I need some help from an established
blog. Is it hard to set up your own blog? I’m not very techincal but I can figure things
out pretty fast. I’m thinking about setting up my own but I’m not sure where to begin. Do you have any ideas or suggestions?
With thanks
We’re a group of volunteers and opening a new scheme in our community.
Your web site offered us with valuable info to work on. You’ve done an impressive job and our
entire community will be thankful to you.
I’m not sure exactly why but this blog is loading incredibly
slow for me. Is anyone else having this issue or
is it a issue on my end? I’ll check back later and see if the problem still exists.
Nice weblog here! Also your web site loads up very fast!
What web host are you using? Can I get your associate link to
your host? I want my web site loaded up as fast as yours lol
Its not my first time to visit this website, i am visiting this website dailly
and get pleasant data from here all the time.
Hi there Dear, are you truly visiting this website on a regular basis, if so afterward you will without doubt
obtain pleasant knowledge.
I do not know if it’s just me or if everyone else encountering problems with your
site. It appears like some of the text within your content are running
off the screen. Can someone else please provide feedback
and let me know if this is happening to them too? This could be a
issue with my web browser because I’ve had this happen previously.
Many thanks
I really like what you guys tend to be up too. This sort of clever work and
coverage! Keep up the fantastic works guys I’ve incorporated you guys to my blogroll.
My spouse and I stumbled over here different page and thought I should
check things out. I like what I see so now i’m following you.
Look forward to looking at your web page repeatedly.
We’re a group of volunteers and opening a new scheme in our community.
Your site provided us with valuable information to work on. You have
done an impressive job and our entire community will be grateful to you.
It’s remarkable for me to have a website, which is valuable in favor
of my experience. thanks admin
Hey! Do you know if they make any plugins to safeguard against hackers?
I’m kinda paranoid about losing everything I’ve worked hard on. Any recommendations?
Thank you for the good writeup. It in fact was a amusement account it.
Look advanced to far added agreeable from you! By the way,
how could we communicate?
This paragraph will assist the internet viewers for building up new web site or even a blog from start to end.
Hi to all, how is everything, I think every one
is getting more from this site, and your views are fastidious designed for new viewers.
Wow, amazing weblog structure! How long have you ever been running a blog for?
you made blogging glance easy. The full glance of your site is wonderful, let alone the content material!
I was suggested this web site by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my difficulty.
You’re amazing! Thanks!
If you are going for most excellent contents like myself, simply
go to see this web page everyday as it gives quality contents, thanks
Have you ever considered about including a little bit more than just your
articles? I mean, what you say is important and everything.
But think of if you added some great visuals or
videos to give your posts more, “pop”! Your content is excellent
but with pics and video clips, this website could definitely be one of the most beneficial in its niche.
Superb blog!
Its such as you learn my mind! You appear to grasp so much
approximately this, like you wrote the e-book in it or something.
I feel that you just can do with some % to pressure the message home
a little bit, however instead of that, this is great blog.
An excellent read. I’ll certainly be back.
Useful info. Lucky me I discovered your website by chance, and I
am stunned why this accident did not came about earlier!
I bookmarked it.
I used to be suggested this web site by means of my cousin.
I am now not sure whether or not this put up is written through him as no one else
recognize such unique about my difficulty. You’re incredible!
Thanks!
Heya i’m for the first time here. I came across this board
and I find It truly useful & it helped me out a lot.
I hope to give something back and aid others like you helped me.
It’s actually a great and helpful piece of information. I’m glad that you just shared this helpful info with us.
Please keep us up to date like this. Thanks for sharing.
Does your site have a contact page? I’m having a tough time locating it but, I’d like to send you
an email. I’ve got some creative ideas for your blog
you might be interested in hearing. Either way, great blog and I look forward
to seeing it develop over time.
Nice blog right here! Additionally your website so much up fast!
What host are you the usage of? Can I am getting your associate hyperlink on your host?
I desire my site loaded up as quickly as yours lol
This article will assist the internet visitors for setting up new webpage or
even a blog from start to end.
Greetings! Very helpful advice in this particular post! It is the little changes which will make
the most important changes. Many thanks for sharing!
When someone writes an article he/she keeps the thought
of a user in his/her mind that how a user can understand it.
Therefore that’s why this article is outstdanding. Thanks!
I don’t even know the way I finished up right here,
however I believed this publish was once great.
I do not realize who you are but definitely you are going to a well-known blogger if you aren’t already.
Cheers!
Just want to say your article is as astounding.
The clarity in your post is simply cool and i can assume you’re an expert on this
subject. Fine with your permission let me to grab your RSS feed
to keep updated with forthcoming post. Thanks a million and please carry on the rewarding work.
For most up-to-date news you have to visit world wide web and
on world-wide-web I found this website as a best website for
most recent updates.
Usually I do not read article on blogs, but I wish to say that this write-up very compelled me to check out and do it!
Your writing taste has been surprised me. Thank you, very nice article.
Appreciate the recommendation. Let me try it out.
Hi there everyone, it’s my first go to see at this site, and post is actually fruitful designed for me, keep
up posting such articles.
I really liked your blog post.Thanks Again. Really Cool.
I was suggested this blog by means of my cousin. I
am no longer sure whether this publish is written by
him as no one else realize such designated approximately my difficulty.
You’re wonderful! Thanks!
I read this paragraph fully concerning the difference of hottest and earlier technologies,
it’s remarkable article.
Valuable information. Lucky me I discovered your web site accidentally,
and I am surprised why this coincidence did not happened in advance!
I bookmarked it.
You could definitely see your expertise within the
work you write. The world hopes for even more passionate writers
like you who aren’t afraid to mention how they believe.
All the time follow your heart.
I am not sure where you are getting your information, but good topic.
I needs to spend some time learning much more or understanding more.
Thanks for magnificent info I was looking for this information for my mission.
Really appreciate you sharing this blog.Thanks Again. Keep writing.