Copyright Act of 1976 facts for kids
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| Long title | An Act for the general revision of the Copyright Law, title 17 of the United States Code, and for other purposes |
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| Enacted by | the 94th United States Congress |
| Effective | January 1, 1978 |
| Citations | |
| Public law | Pub.L. 94-553 |
| Statutes at Large | 90 Stat. 2541 |
| Codification | |
| Acts amended | Copyright Act of 1909 |
| Titles amended | 17 (Copyright) |
| U.S.C. sections created | 17 U.S.C. §§ 101-810 |
| U.S.C. sections amended | 44 U.S.C. §§ 505, 2113; 18 U.S.C. § 2318 |
| Legislative history | |
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| Major amendments | |
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The Copyright Act of 1976 is a very important United States law about copyright. Copyright is a legal right that protects original works of authorship, like books, music, and art. This law is still the main basis for copyright rules in the U.S. today.
The Act explains the basic rights of people who own copyrights. It also officially recognized the idea of "fair use". This means you can use small parts of copyrighted material for things like teaching or news reporting without needing permission. The law also changed how long copyrights last, usually tying it to the author's life. Most parts of this law started on January 1, 1978.
Contents
Why Was the Copyright Act of 1976 Created?
Before the 1976 Act, the last big update to U.S. copyright law was in 1909. A lot changed between 1909 and 1976! New technologies like television, motion pictures, sound recordings, and radio became popular. The old law didn't quite know how to handle these new ways of sharing creative works.
The new Act was designed to answer questions about intellectual property in these modern forms of communication. Barbara Ringer, who later became the U.S. Register of Copyrights, played a big role in writing this new law. She wanted to make sure creators' rights were protected with all the new tech.
Global Copyright Rules and the New Act
Another reason for the 1976 Act was the Universal Copyright Convention (UCC). This was an international agreement about copyright. The U.S. joined the UCC in 1955. Congress wanted to update U.S. law to match these global standards.
Many studies were done to figure out how to update the copyright law. A first draft of the bill was introduced in 1964. It was changed many times over the next 12 years. Finally, President Gerald Ford signed it into law on October 19, 1976. The law officially began on January 1, 1978.
At the time, many people thought the new law was a good compromise. It tried to balance the rights of publishers and authors. Barbara Ringer said it mostly favored authors and creators. The law also made copyrights last longer. This meant creators and their families could earn money from their works for more years.
Key Parts of the Copyright Act of 1976
The 1976 Act replaced most older copyright laws in the United States. This included the 1909 Act and other state laws. It set new rules for how copyright works across the country.
What Can Be Copyrighted?
Section 102 of the Act explains what can be protected by copyright. It says copyright covers "original works of authorship fixed in any tangible medium of expression." This means the work must be creative and saved in a way that can be seen or heard.
Works of authorship include:
- Literary works (like books and poems)
- Musical works (songs and their words)
- Dramatic works (plays and musicals)
- Pantomimes and choreographic works (dances)
- Pictorial, graphic, and sculptural works (pictures, drawings, statues)
- Motion pictures and other audiovisual works (movies, TV shows)
- Sound recordings (recorded music, podcasts)
In 1990, architectural works (building designs) were added to this list.
A big change in the 1976 Act was that copyright protection started as soon as a work was "fixed." Before, under the 1909 Act, a work usually had to be "published" with a copyright notice to get federal protection. If it was published without a notice, it could become public domain. The 1976 Act made it easier for creators to protect their work.
However, copyright does not protect ideas, procedures, processes, or systems. It only protects the way these ideas are expressed. For example, you can't copyright the idea of a detective story, but you can copyright your specific detective novel.
Music Copyrights
The Act has separate rules for musical compositions (the song itself, including lyrics) and sound recordings (the actual recorded performance of the song). The person who owns the song's copyright might not be the same person who owns the recording's copyright.
What Rights Do Copyright Holders Have?
Section 106 of the Act gives copyright holders five main exclusive rights. This means only the copyright owner can do these things, or give permission for others to do them:
- The right to make copies of the work.
- The right to create derivative works (new works based on the original, like a movie from a book).
- The right to distribute copies to the public (sell, rent, or lend them).
- The right to perform the work publicly (for literary, musical, dramatic, or audiovisual works).
- The right to display the work publicly (for literary, musical, pictorial, or audiovisual works).
In 1995, a sixth right was added for sound recordings: the right to perform a sound recording through digital audio.
What Is Fair Use?
Fair use is a very important part of copyright law. It was officially written into Section 107 of the 1976 Act. Fair use allows people to use small parts of copyrighted material without permission. This is allowed if the use is for purposes like criticism, news reporting, teaching, or research.
To decide if something is fair use, courts look at four factors:
- The purpose and character of the use (is it for profit or education? Does it change the original work?).
- The nature of the copyrighted work (is it factual or creative?).
- How much of the original work was used.
- How the use affects the market for the original work (does it hurt the creator's ability to sell their work?).
How Long Does Copyright Protection Last?
The 1976 Act greatly increased how long copyright protection lasts. Before, it was usually 28 years, with a chance to renew for another 28 years (total 56 years). The new Act made copyright last for the life of the author plus 50 years after their death.
For works made by companies or anonymous authors, copyright lasted 75 years from publication. For older works copyrighted before 1978, the extension term was increased, making the total term 75 years.
Later, in 1998, the Copyright Term Extension Act made copyrights last even longer. Now, for most works, it's the author's life plus 70 years. For works made for hire, it's 95 years from publication or 120 years from creation, whichever is shorter.
Transferring Copyright Ownership
Section 204 of the Act explains how copyright ownership can be transferred. If a copyright owner wants to give their copyright to someone else, they must sign a written agreement. This makes sure the transfer is clear and official. This rule helped clear up confusion from older laws.
Registering Your Work
You don't have to register your work with the United States Copyright Office to get copyright protection. Copyright protection starts as soon as your work is "fixed" in a tangible form. However, registering your work is a good idea. You usually need to register your work before you can sue someone for copyright infringement.
Termination Rights for Creators
The Act also gave creators a special right to "terminate" or end certain copyright transfers after 35 years. This means if a writer or artist licensed their work to a company, they could renegotiate the deal later. This was meant to help creators get a fairer share if their work became much more valuable over time. This right only applies to works made after 1978 and not to "works made for hire" (where an employee creates something for their employer).
Impact of the Copyright Act
The Copyright Act of 1976 has had a huge impact on many industries. It has shaped how music, movies, and other creative works are produced and shared.
Impact on Internet Radio
The Act's rules affect how online music streaming services, like Pandora, operate. These services have to pay licensing fees to copyright holders. Some people argue that the law makes it hard for these services to be profitable. They say the law gives too much power to copyright holders.
Impacts of Termination Rights
The termination rights clause started to take effect in 2013. This meant some creators could get back the rights to their works. For example, Victor Willis of The Village People was able to get back rights to songs he wrote. This has also affected the film industry, with original writers seeking to regain rights to popular movie franchises.
See also
- United States copyright law
- Digital Millennium Copyright Act
- Copyright Term Extension Act
