[{"@context":"http:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/wiki.edu.vn\/en\/wiki40\/copyright-act-of-1870-wikipedia\/#BlogPosting","mainEntityOfPage":"https:\/\/wiki.edu.vn\/en\/wiki40\/copyright-act-of-1870-wikipedia\/","headline":"Copyright Act of 1870 – Wikipedia","name":"Copyright Act of 1870 – Wikipedia","description":"From Wikipedia, the free encyclopedia Former United States law Copyright Act of 1870 Other short titles Patent Act of 1870,","datePublished":"2015-11-21","dateModified":"2015-11-21","author":{"@type":"Person","@id":"https:\/\/wiki.edu.vn\/en\/wiki40\/author\/lordneo\/#Person","name":"lordneo","url":"https:\/\/wiki.edu.vn\/en\/wiki40\/author\/lordneo\/","image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/c9645c498c9701c88b89b8537773dd7c?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/c9645c498c9701c88b89b8537773dd7c?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Enzyklop\u00e4die","logo":{"@type":"ImageObject","@id":"https:\/\/wiki.edu.vn\/wiki4\/wp-content\/uploads\/2023\/08\/download.jpg","url":"https:\/\/wiki.edu.vn\/wiki4\/wp-content\/uploads\/2023\/08\/download.jpg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/upload.wikimedia.org\/wikipedia\/commons\/thumb\/5\/5c\/Great_Seal_of_the_United_States_%28obverse%29.svg\/140px-Great_Seal_of_the_United_States_%28obverse%29.svg.png","url":"https:\/\/upload.wikimedia.org\/wikipedia\/commons\/thumb\/5\/5c\/Great_Seal_of_the_United_States_%28obverse%29.svg\/140px-Great_Seal_of_the_United_States_%28obverse%29.svg.png","height":"140","width":"140"},"url":"https:\/\/wiki.edu.vn\/en\/wiki40\/copyright-act-of-1870-wikipedia\/","about":["Wiki"],"wordCount":4158,"articleBody":"From Wikipedia, the free encyclopediaFormer United States lawCopyright Act of 1870Other short titlesPatent Act of 1870, Trade Mark Act of 1870Long titleAn Act to revise, consolidate, and amend the statutes relating to patents and copyrights.EffectiveJuly 8, 1870Statutes at Large16 Stat. 1981874, 1891Trade-Mark CasesThe Copyright Act of 1870, also called the Patent Act of 1870 and the Trade Mark Act of 1870, was a revision to United States intellectual property law, covering copyrights and patents. Eight sections of the bill, sometimes called the Trade Mark Act of 1870, introduced trademarks to United States federal law, although that portion was later deemed unconstitutional after the Trade-Mark Cases.Table of ContentsCopyright[edit]Copyright amendments[edit]Patents[edit]Trademarks[edit]References[edit]Copyright[edit]For copyrights, the Act codified the right of authors to make dramatizations and translations of literary works; copyright had previously been denied to translations by the holding in Stowe v. Thomas (1853), in which Harriet Beecher Stowe unsuccessfully sued for infringement over a translation of Uncle Tom’s Cabin into German. It also established a legal deposit requirement for copyrighted works; two copies of each work were to be submitted to the Library of Congress.Copyright amendments[edit]The act was amended several times for various purposes.[1]In 1873, Congress gave jurisdiction of copyright cases to federal courts.[1]In 1874, they added a requirement of notice via the phrase “Entered according to act of Congress, in the year ____ by ____, in the office of the Librarian of Congress, at Washington” or “Copyright” paired with the year and author’s name.[1][2][3]Also in 1874, copyrights for prints and labels in manufactured goods were put under the jurisdiction of the Patent Office.[1]In 1879, the Post Office Appropriations Act arguably made it illegal to mail copyright infringing works.[1]In 1882, copyright notices for designs on useful articles were allowed to be placed on the back or bottom of those articles.[1]In 1891, the International Copyright Act of 1891 passed.[1]In 1893, Congress granted amnesty to late deposits of books for copyright and allowed all to send in their works for protection by March 1. The Act passed on March 3.[1]In 1895, the Printing Act of 1895 codified the Wheaton v. Peters decision and stated explicitly that “no Government publications shall be copyrighted.”[1]Also in 1895, the penalties for infringing the copyright of photographs were limited at the request of newspapers.[1]In 1897, Congress allowed the restriction of public performances of musical compositions and added criminal penalties if the illicit performance was for profit.[1]Also in 1897, Congress established the Register of Copyrights. Thorvald Solberg entered office later that year.[1]A third amendment in 1897 extended a $100 penalty for affixing a false copyright notice to a product to anyone who knowingly created, sold, or imported works with false notices. This included new copies of copyrighted works without the required notice and issuing the work under someone else’s name.[1]In 1904, in response to foreign countries threatening to boycott the Louisiana Purchase Exposition, Congress passed an amendment that provided ad interim copyrights to foreign works that lasted for two years. They did not have to follow the manufacturing or notice requirements, but they were entitled to a full 42 years of restriction if they did.[1]In 1905, another ad interim copyright law amended the law to satisfy France and Germany in response to threats to repeal copyright treaties.[1]Although it was not implemented with legislation, the United States entered the Mexico City Convention in 1908.[1]Patents[edit]The Act reorganized the United States Patent Office, and strengthened the authority of the Patent Office to determine who would be granted a patent in cases where there was a dispute between the first to invent and the first to file. It also empowered the Patent Office to begin printing, and dropped the requirement that applicants submit two copies of their applications (which had been implemented after multiple conflagrations in the Patent Office destroyed large numbers of patent records).Trademarks[edit]Sections 77 through 84 represented the first attempt by the United States of formally recognizing trademarks. Its presence in the Copyright Act lead to significant confusion and confounding of the copyright and trademark concepts. For example, Mark Twain, an author who treated that pseudonym as a brand, began asserting copyright in that pseudonym and sued several people for copyright and trademark infringement, mostly unsuccessfully. Ultimately, the Trade-Mark Cases of 1879 ruled this portion of the law unconstitutional because Congress had used invoked the Copyright Clause as their justification for trademark by including it in the Copyright Act. The Supreme Court determined that was inappropriate because “a trade-mark is neither an invention, a discovery, nor a writing, within the meaning of [the Copyright Clause].” Congress passed the Trade Mark Act of 1881 to reintroduce trademarks, justified by the Commerce Clause instead.[4]References[edit]U.S. Supreme Court Article I case lawDormant Commerce ClauseBrown v. Maryland (1827)Willson v. Black-Bird Creek Marsh Co. (1829)Cooley v. Board of Wardens (1852)Wabash, St. Louis & Pacific Railway Co. v. Illinois (1886)Swift & Co. v. United States (1905)George W. Bush & Sons Co. v. Malloy (1925)Edwards v. California (1941)Southern Pacific Co. v. Arizona (1945)Dean Milk Co. v. City of Madison (1951)Miller Bros. Co. v. Maryland (1954)Bibb v. Navajo Freight Lines, Inc. (1959)National Bellas Hess v. Illinois (1967)Pike v. Bruce Church, Inc. (1970)Hughes v. Alexandria Scrap Corp. (1976)Complete Auto Transit, Inc. v. Brady (1977)Hunt v. Washington State Apple Advertising Commission (1977)City of Philadelphia v. New Jersey (1978)Exxon Corp. v. Governor of Maryland (1978)Reeves, Inc. v. Stake (1980)Kassel v. Consolidated Freightways Corp. (1981)Sporhase v. Nebraska ex rel. Douglas (1982)White v. Mass. Council of Construction Employers (1983)South-Central Timber Development, Inc. v. Wunnicke (1984)Maine v. Taylor (1986)Healy v. Beer Institute, Inc. (1989)Quill Corp. v. North Dakota (1992)Chemical Waste Management, Inc. v. Hunt (1992)Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon (1994)C&A Carbone, Inc. v. Town of Clarkstown (1994)West Lynn Creamery, Inc. v. Healy (1994)Granholm v. Heald (2005)United Haulers Ass’n v. Oneida-Herkimer Solid Waste Management Authority (2007)Department of Revenue of Kentucky v. Davis (2008)Comptroller of the Treasury of Maryland v. Wynne (2015)South Dakota v. Wayfair, Inc. (2018)Tennessee Wine and Spirits Retailers Assn. v. Thomas (2019)National Pork Producers Council v. Ross (2023)OthersCopyright Act of 1790Patent Act of 1793Patent infringement case lawPatentability case lawCopyright Act of 1831Copyright Act of 1870Sherman Antitrust Act of 1890International Copyright Act of 1891Copyright Act of 1909Patent misuse case lawClayton Antitrust Act of 1914Lanham ActInwood Laboratories, Inc. v. Ives Laboratories, Inc. (1982)San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987)Two Pesos, Inc. v. Taco Cabana, Inc. (1992)Qualitex Co. v. Jacobson Products Co. (1995)College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (1999)Cooper Industries, Inc. v. Leatherman Tool Group, Inc. (2001)TrafFix Devices, Inc. v. Marketing Displays, Inc. (2001)Dastar Corp. v. Twentieth Century Fox Film Corp. (2003)Moseley v. V Secret Catalogue, Inc. (2003)Lexmark International, Inc. v. Static Control Components, Inc. (2014)POM Wonderful LLC v. Coca-Cola Co. (2014)Matal v. Tam (2017)Iancu v. Brunetti (2019)Romag Fasteners, Inc. v. Fossil, Inc. (2020)Copyright Act of 1976Zacchini v. Scripps-Howard Broadcasting Co. (1977)Sony Corp. of America v. Universal City Studios, Inc. (1984)Mills Music, Inc. v. Snyder (1985)Harper & Row v. Nation Enterprises (1985)Community for Creative Non-Violence v. Reid (1989)Stewart v. Abend (1990)Feist Publications, Inc., v. Rural Telephone Service Co. (1991)Fogerty v. Fantasy, Inc. (1994)Campbell v. Acuff-Rose Music, Inc. (1994)Lotus Dev. Corp. v. Borland Int’l, Inc. (1996)Quality King Distributors Inc., v. L’anza Research International Inc. (1998)Feltner v. Columbia Pictures Television, Inc. (1998)New York Times Co. v. Tasini (2001)Eldred v. Ashcroft (2003)MGM Studios, Inc. v. Grokster, Ltd. (2005)Reed Elsevier, Inc. v. Muchnick (2010)Golan v. Holder (2012)Kirtsaeng v. John Wiley & Sons, Inc. (2013)Petrella v. Metro-Goldwyn-Mayer, Inc. (2014)American Broadcasting Cos., Inc. v. Aereo, Inc. (2014)Star Athletica, LLC v. Varsity Brands, Inc. (2017)Fourth Estate Public Benefit Corp. v. Wall-Street.com (2019)Rimini Street Inc. v. Oracle USA Inc. (2019)Allen v. Cooper (2020)Georgia v. Public.Resource.Org, Inc. (2020)Other copyright casesOther patent casesContinental Paper Bag Co. v. Eastern Paper Bag Co. (1908)Minerals Separation, Ltd. v. Hyde (1916)United States v. General Electric Co. (1926)United States v. Univis Lens Co. (1942)Altvater v. Freeman (1943)Sinclair & Carroll Co. v. Interchemical Corp. (1945)Funk Bros. Seed Co. v. Kalo Inoculant Co. (1948)Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp. (1950)Graver Tank & Manufacturing Co. v. Linde Air Products Co. (1950)Aro Manufacturing Co. v. Convertible Top Replacement Co. (1961)Compco Corp. v. Day-Brite Lighting, Inc. (1964)Wilbur-Ellis Co. v. Kuther (1964)Brulotte v. Thys Co. (1964)Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp. (1965)Graham v. John Deere Co. (1966)United States v. Adams (1966)Brenner v. Manson (1966)Lear, Inc. v. Adkins (1969)Anderson’s-Black Rock, Inc. v. Pavement Salvage Co. (1969)Zenith Radio Corp. v. Hazeltine Research, Inc. (1971)Gottschalk v. Benson (1972)United States v. Glaxo Group Ltd. (1973)Dann v. Johnston (1976)Sakraida v. Ag Pro Inc. (1976)Parker v. Flook (1978)Diamond v. Chakrabarty (1980)Diamond v. Diehr (1981)Bonito Boats, Inc. v. Thunder Craft Boats, Inc. (1989)Eli Lilly & Co. v. Medtronic, Inc. (1990)Markman v. Westview Instruments, Inc. (1996)Warner-Jenkinson Co. v. Hilton Davis Chemical Co. (1997)Pfaff v. Wells Electronics, Inc. (1998)Dickinson v. Zurko (1999)Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank (1999)J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc. (2001)Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (2002)Merck KGaA v. Integra Lifesciences I, Ltd. (2005)eBay Inc. v. MercExchange, L.L.C. (2006)Illinois Tool Works Inc. v. Independent Ink, Inc. (2006)LabCorp v. Metabolite, Inc. (2006)MedImmune, Inc. v. Genentech, Inc. (2007)KSR International Co. v. Teleflex Inc. (2007)Microsoft Corp. v. AT&T Corp. (2007)Quanta Computer, Inc. v. LG Electronics, Inc. (2008)Bilski v. Kappos (2010)Global-Tech Appliances, Inc. v. SEB S.A. (2011)Stanford University v. Roche Molecular Systems, Inc. (2011)Microsoft Corp. v. i4i Ltd. Partnership (2011)Mayo Collaborative Services v. Prometheus Laboratories, Inc. (2012)Kappos v. Hyatt (2012)Bowman v. Monsanto Co. (2013)Gunn v. Minton (2013)Association for Molecular Pathology v. Myriad Genetics, Inc. (2013)FTC v. Actavis, Inc. (2013)Alice Corp. v. CLS Bank International (2014)Akamai Techs., Inc. v. Limelight Networks, Inc. (2014)Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (2015)Kimble v. Marvel Entertainment, LLC (2015)Apple Inc. v. Samsung Electronics Co. (2016)TC Heartland LLC v. Kraft Foods Group Brands LLC (2017)Peter v. NantKwest, Inc. (2019)Other trademark casesStatutesPrecedentsand rulingsSupreme CourtAppeal courtsBerlin v. E.C. Publications, Inc. (2d Cir. 1964)Roth Greeting Cards v. United Card Co. (9th Cir. 1970)Eltra Corp. v. Ringer (4th Cir. 1978)Midway Manufacturing Co. v. Artic International, Inc. (7th Cir. 1983)Apple Computer, Inc. v. Franklin Computer Corp. (3d Cir. 1983)Fisher v. Dees (9th Cir. 1986)Whelan v. Jaslow (3d Cir. 1986)Vault Corp. v. Quaid Software Ltd. (5th Cir. 1988)Computer Associates International, Inc. v. Altai, Inc. (2d Cir. 1992)Dr. Seuss Enters., L.P. v. Penguin Books USA, Inc.(9th Cir. 1997)Itar-Tass Russian News Agency v. Russian Kurier, Inc. (2d Cir. 1998)Monge v. Maya Magazines, Inc. (9th Cir. 2012)Nunez v. Caribbean Int\u2019l News Corp. (1st Cir. 2000)A&M Records, Inc. v. Napster, Inc. (9th Cir. 2001)Veeck v. Southern Building Code Congress Int’l (5th Cir. 2002)In re Aimster Copyright Litigation (7th Cir. 2003)NXIVM Corp. v. Ross Institute (2d Cir. 2004)BMG Music v. Gonzalez (7th Cir. 2005)Perfect 10, Inc. v. Amazon.com, Inc. (9th Cir. 2006)Cartoon Network, LP v. CSC Holdings, Inc. (2nd Cir. 2008)Ahanchian v. Xenon Pictures, Inc. (9th Cir. 2010)Penguin Group (USA) Inc. v. American Buddha (2d Cir. 2011)Viacom International Inc. v. YouTube, Inc. (2d Cir. 2012)Seltzer v. Green Day, Inc (9th Cir. 2013)Authors Guild, Inc. v. Google, Inc. (2d Cir. 2015)Lenz v. Universal Music Corp. (9th Cir. 2015)Naruto v. Slater (9th Cir. 2018)Lower courts"},{"@context":"http:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"https:\/\/wiki.edu.vn\/en\/wiki40\/#breadcrumbitem","name":"Enzyklop\u00e4die"}},{"@type":"ListItem","position":2,"item":{"@id":"https:\/\/wiki.edu.vn\/en\/wiki40\/copyright-act-of-1870-wikipedia\/#breadcrumbitem","name":"Copyright Act of 1870 – Wikipedia"}}]}]