American copyright: Its English origins and evolution from public good to private property in the nineteenth century

Abstract

The original purpose of the American copyright law was to promote the progress of science and useful arts by granting exclusive rights to an author in their works for a limited time. While these ideas originated in English law, legislatures in the United States adapted them to create a uniquely American law. The English heritage and the colonial experience offered the Founding Fathers precedents to draw upon in writing the Copyright Act of 1790. The designers of that law considered twenty-eight years an appropriate amount of time. However, it did not take long for the law to be used to further the cause of individuals as they advocated for better protection for creators and their families as the law was adjusted to ensure that family members could maintain a copyright even after the authors' death. The innovations and growth of the market revolution assisted in this transition as the ability to manufacture a larger number of products for sale to a larger number of markets made copyrightable materials more profitable. And, while the public had access to these works, their access was not free and the changes made to copyright laws ensured that the public had to wait longer to get free access. This transition of copyright occurred at a time when democratization flourished, and it seems ironic to extend political rights to a larger number of Americans while simultaneously denying access to private materials the Founding Fathers hoped to provide for them.