Copyright Act of 1976
The Copyright Act of 1976 is a significant piece of legislation in U.S. copyright law that aimed to adapt legal protections for creators to the changing technological landscape, particularly with the rise of cable television and digital media. This act allowed authors exclusive rights to reproduce, distribute, perform, and display their works, extending protection to both unpublished and published materials for the duration of an author's life plus fifty years. For joint authors, protection lasts until the death of the last surviving author plus fifty years, while works made for hire are protected for seventy-five years.
One of the notable aspects of the 1976 Act is its provisions for "fair use," which allows for limited use of copyrighted material without permission under certain conditions. The act also enabled educational institutions to photocopy materials for scholarly purposes, fostering a balance between protecting creators' rights and promoting access to knowledge. Furthermore, the legislation aligned U.S. copyright practices with international standards, particularly those outlined in the Berne Convention.
Since its enactment, the act has undergone amendments to accommodate new forms of media and technology, including protections for computer programs and digital content. The 1998 Sonny Bono Copyright Term Extension Act further extended the duration of copyright protections, reflecting ongoing debates about the balance between protecting creators and ensuring public access to cultural works.
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Subject Terms
Copyright Act of 1976
Identification U.S. federal legislation
Date Took effect on January 1, 1978
Technological innovations that had emerged by the 1970’s prompted a revised Copyright Act, which benefited educational institutions, better defined “fair use” provisions, and brought the United States in line with international copyright laws.
Copyright allows authors the exclusive right of reproduction, public distribution, performance, and displays of their works. Article I, Section 8 of the U.S. Constitution authorizes Congress to create copyright laws in order to promote the arts. In 1790, the U.S. Copyright Act allowed creators of maps, books, and charts fourteen years of copyright, with the option of renewing for the same length of time. Revisions occurred in 1831 and 1870 until the passage of the 1909 Copyright Act. This legislation expanded protection to all published works of authorship to twenty-eight years.
Congress passed the Copyright Act of 1976 because of technological developments with the advent of cable television and computer, sound, and video recordings. Such innovations made it necessary to revise the 1909 law. The Copyright Act of 1976 provided terms of protection to unpublished and published works, extending the term of protection to the author’s life plus fifty years. Joint authors were guaranteed with the last surviving author plus fifty years, while works for hire were protected for seventy-five years. After these periods expire, the works are held within the public domain.
The 1976 legislation provided broad rights to the copyright owner, but, more important, it allowed for flexibility within its provisions in two sections. Section 108 gave educational institutions the ability to photocopy materials for the purposes of scholarship, preservation, and interlibrary loan. Section 109 specified what was “fair use” under the law. Courts considered four factors to determine whether copyright had been violated by individuals or organizations: purpose and character of use, the nature of copyrighted work, the amount of portion used in relation to work, and the effect on potential markets.
Impact
The 1976 act eliminated the distinction between unpublished or published works and provided protection at the time that a work was created or fixed as a tangible means of expression. This act also brought the United States in accord with international copyright law practices and policies found under the Berne Convention, established in 1886.
Subsequent Events
Since its passage, amendments to the act include those that extend protection to computer programs and digital media. In October, 1998, Congress passed the Sonny Bono Copyright Term Extension Act, which added another twenty-five years of protection to the author’s life.
Bibliography
Fishman, Stephen. The Copyright Handbook: How to Protect and Use Written Works. Berkeley, Calif.: Nolo Press, 1996.
Library of Congress. General Guide to the Copyright Act of 1976. Washington, D.C.: Copyright Office, 1977.
Tseng, Henry P. New Copyright U.S.A.: A Guide for Teachers and Librarians. Columbus, Ohio: AMCO International, 1979.