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Full-Text Articles in Law
Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa
Protection For Works Of Foreign Origin Under The 1909 Copyright Act, Tyler T. Ochoa
Faculty Publications
One of the principal goals of the 1909 Copyright Act was to simplify and streamline the formalities required to obtain copyright protection. Before the 1909 Copyright Act, authors had to register their works before publication in order to be eligible for copyright protection; and notice of the registration had to be included on all copies published in the United States. If a work was published anywhere in the world before registration, or if the notice was omitted when the work was published domestically, the work went into the public domain. Under the 1909 Act, however, authors only had to publish …
Origins And Meanings Of The Public Domain, Tyler T. Ochoa
Origins And Meanings Of The Public Domain, Tyler T. Ochoa
Faculty Publications
This article surveys the history and development of the public domain in intellectual property law. The public domain has existed since time immemorial, and was first recognized in the Statute of Monopolies and the Statute of Anne, which placed time limits on patents and copyrights, after which the invention or work could be copied freely by anyone. The concept was enshrined in the U.S.Constitution and reflected in American patent and copyright laws. Before 1896, courts referred to matter not protected by patent or copyright law as "public property" or "common property. " In 1896,the U.S. Supreme Court imported the term …