United States Copyright Office: A Brief History and Overview
(Article I, Section 8, U.S. Constitution)
What Is a Copyright?
It is a principle of American law that an author of a work may reap the fruits of his or her intellectual creativity for a limited period of time. Copyright is a form of protection provided by the laws of the United States for "original works of authorship" including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. "Copyright" literally means the right to copy. The term has come to mean that body of exclusive rights granted by statute to authors for protection of their work. The owner of copyright has the exclusive right to reproduce, distribute, and, in the case of certain works, publicly perform or display the work; to prepare derivative works; or to license others to engage in the same acts under specific terms and conditions. Copyright protection does not extend to any idea, procedure, process, slogan, principle, or discovery.
Role of the Copyright Office
The Copyright Office provides expert assistance to Congress on intellectual property matters; advises Congress on anticipated changes in U.S. copyright law; analyzes and assists in the drafting of copyright legislation and legislative reports and provides and undertakes studies for Congress; offers advice to Congress on compliance with multilateral agreements such as the Berne Convention for the Protection of Literary and Artistic Works; works with the State Department, the U.S. Trade Representative's Office, and the Patent and Trademark Office in providing technical expertise in negotiations for international intellectual property agreements; provides technical assistance to other countries in developing their own copyright laws; and through its International Copyright Institute, promotes worldwide understanding and cooperation in providing protection for intellectual property.
The Copyright Office is also an office of record, a place where claims to copyright are registered and where documents relating to copyright may be recorded when the requirements of the copyright law are met. The Copyright Office furnishes information about the provisions of the copyright law and the procedures for making registration, explains the operations and practices of the Copyright Office, and reports on facts found in the public records of the Office. The Office also administers various compulsory licensing provisions of the law, which include collecting royalties.
Additionally, the Copyright Office and the Library of Congress administer the Copyright Arbitration Royalty Panels, which meet for limited times for the purpose of adjusting rates and distributing royalties.
Brief History of the Copyright Office
The Constitution gives Congress the power to enact laws establishing a system of copyright in the United States. Congress enacted the first Federal copyright law in May 1790, and the first work was registered within two weeks. Originally, claims were recorded by Clerks of U.S. District Courts. Not until 1870 were copyright functions centralized in the Library of Congress under the direction of the then Librarian of Congress Ainsworth Rand Spofford. The Copyright Office became a separate department of the Library of Congress in 1897, and Thorvald Solberg was appointed the first Register of Copyrights.
Today the Copyright Office is one of the major service units of the Library of Congress. With public offices located at 101 Independence Avenue, S.E., Washington, D.C., the Office occupies portions of the James Madison Memorial Building and employs more than 400 people. In fiscal year 1994, the Office registered more than 530,332 claims to copyright and mask works, and collected for later distribution to copyright holders nearly $200,000,000 in cable television, satellite carrier, and Audio Home Recording Act compulsory license funds. As of fiscal year 1994, the Copyright Office has recorded 25,733,511 registrations.
Mission of the Copyright Office
Although the purpose of the copyright system has always been to promote creativity in society, the mission of the Copyright Office has grown to include:
- administering the copyright law
- creating and maintaining a public record
through registration of claims and recordation of documents, including those related to compulsory licenses;
- providing technical assistance to the Congress and to Executive Branch agencies;
- providing information services to the public
serving as a resource to the domestic and international copyright communities;
- serving as a resource to the domestic and international copyright communities;
- supporting the Library of Congress by obtaining and making available deposits for the Library's collections.
Administration of the Copyright Law
The Office of the Register of Copyrights
The Register of Copyrights serves the nation by providing advice to Congress, drafting legislation, preparing technical studies, and administering the copyright law. The Register of Copyrights also serves as Associate Librarian of Congress for Copyright Services.
Assisting the Register of Copyrights are the Copyright General Counsel and the Associate Register for Policy and International Affairs, who provide legal advice and counsel to the Register.
The Associate Register for National Copyright Programs works with the Register on development and implementation of an electronic copyright registration, recordation, and deposit system (CORDS).
The Associate Register for Operations shares with the Register in the planning and directions of the Copyright Office with responsibility for the operation and administration of the Office's six Divisions and the implementation of new automated techniques and systems.
The Register's Office also oversees the administration of the Copyright Arbitration Royalty Panel (CARP) process.
Important dates in the history:
March 1, 1989
United States adhered to the Berne Convention for the Protection of Literary and Artistic Works.
November 15, 1990
Section 511 added to Copyright law. Provided that states and state employees and instrumentalities are not immune under the Eleventh Amendment from suit for copyright infringement.
December 1, 1990
Effective date of the Computer Software Rental Amendments Act of 1990. Grants the owner of copyright in computer programs the exclusive right to authorize or prohibit the rental, lease, or lending of the program for direct or indirect commercial purposes.
December 1, 1990
Protection extended to architectural works. Section 106A added to copyright law by Visual Artists Rights Act of 1990. Granted to visual artists certain moral rights of attribution and integrity.
June 26, 1992
Renewal registration became optional. Works copyrighted between January 1, 1964, and December 31, 1977, automatically renewed even if registration not made.
October 28, 1992
Digital Audio Home Recording Act required serial copy management systems in digital audio recorders and imposed royalties on sale of digital audio recording devices and media. Royalties are collected, invested, and distributed among the owners of sound recording and musical compositions, certain performing artists, and/or their representatives. Clarified legality of home taping of analog and digital sound recordings for private noncommercial use.
December 8, 1993
North American Free Trade Agreement Implementation Act (NAFTA) extended retroactive copyright protection to certain motion pictures first fixed in Canada or Mexico between January 1, 1978, and March 1, 1989, and published anywhere without a copyright notice; and/or to any work embodied in them; made permanent the prohibition of sound recordings rental.
December 17, 1993
Copyright Royalty Tribunal Reform Act of 1993 eliminated the CRT and replaced it with ad hoc Copyright Arbitration Royalty Panels administered by the Librarian of Congress and the Copyright Office.
December 8, 1994
Uruguay Round Agreements Act restored copyright to certain foreign works under protection in the source country but in the public domain in the United States; repealed sunset of the Software Rental Amendments Act of 1990; and created legal measures to prohibit the unauthorized fixation and trafficking in sound recordings of live musical performances and music videos.
What is the mailing address?
Mailing address is:
Copyright Office, Library of Congress, 101 Independence Avenue, S.E.,Washington, D.C. 20559-6000.
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