Copyright Act Revision of 1976

In 1976, Congress finished a major revision of the Copyright Act for the first time since 1976. This law, now 30 years old, has served as the basis for much legal wrangling in the digital age.

The Act was updated due to technological developments since the last major revision in 1909. Among these technological advances were television, films, audio recordings and radio. These new forms of media would mature with the copyright law and come to embrace its protective features.

The law allowed any "work of authorship" to be copyrighted. This included the following:

1. Literary works
2. Motion pictures
3. Songs (music and lyrics)
4. Graphic or sculptural works
5. Theater presentations

In addition to the right to produce a copy of the work, the legislation also granted the following rights:

1. Create derivative works
2. Sell copies
3. Perform and/or display the work

This is an important point because it shows that copyright has expanded past its name. As Gordon Quinn, the founder of Kartemquin Films explained, even were a theater troupe to purchase copies for all members, they could not perform a copyrighted play without licensing it.

The expanded scope of copyright was matched by a lengthened duration. The previous maximum length of monopoly was 56 years (28 + 28 renewal). In an enormously dramatic extension, the copyright would now last the life of the author plus 50 years.

Finally, the 1976 act also codified the idea of fair use. Fair use is so important it will require its own post and that's next!