Background Copyright Act of 1909

expansion of u.s. copyright law (assuming authors create works @ age 35 , live seventy years)

before 1909 act, last major revision united states copyright law 1790 act. methods of reproducing , duplicating works subject copyright had increased since 1790 act. president theodore roosevelt expressed need complete revision of copyright law opposed amendments, saying in message congress in december 1905, our copyright laws urgently need revision. imperfect in definition, confused , inconsistent in expression; omit provision many articles which, under modern reproductive processes, entitled protection; impose hardships upon copyright proprietor not essential fair protection of public; difficult courts interpret , impossible copyright office administer satisfaction public.

under 1909 act, federal statutory copyright protection attached original works when works 1) published , 2) had notice of copyright affixed. thus, state copyright law governed protection unpublished works, published works, whether containing notice of copyright or not, governed exclusively federal law. if no notice of copyright affixed work , work published in legal sense, 1909 act provided no copyright protection , work became part of public domain. in report submitted house committee on patents, designed copyright law not benefit of author, benefit of public. 1976 act changed result, providing copyright protection attaches works original , fixed in tangible medium of expression, regardless of publication or affixation of notice.

it created (codified in section 1(e)) first compulsory mechanical license allow make mechanical reproduction (known today phonorecord) of musical composition without consent of copyright owner provided person adhered provisions of license. (congress intended govern piano rolls.) in later practice, compulsory license made possible record , distribute cover version of hit song – once recording had been released, , copyright owner served notice of intention use – directly competed original.