No, but it is a good bedrock upon which the law can work to address the new challenges that arise from changes in technology and advances in creative works.
The events of late 1914 nonetheless mark a central turning point. The copyright law of the United States grants monopoly protection for "original works of authorship". Compared to their early 20th century counterparts, early 21st century societies face a quite different constellation of vulnerabilities with a quite different complex of resources and opportunities. Texas Perspectives is a wire-style service produced by The University of Texas at Austin that is intended to provide media outlets with meaningful and thoughtful opinion columns (op-eds) on a variety of topics and current events. Long, K (2013), “When refugees stopped being migrants,” Migration Studies 1(1), 4-26. That ended in 2019 when works first published in the U.S. in 1923 entered the public domain. Limited qualitative exclusion of migration was permanently replaced by strict quantitative limits. Updates on campus operations, resources & stories related to COVID-19.
And for artists and authors with little bargaining power, it offered the promise that, no matter what the agreement, at a future date they or their heirs had the right to terminate any copyright transfers and have the rights revert to them.
Global migration, overwhelmingly governed by labour markets and family networks before 1914, has not returned since. Prior to that date, motion pictures had to register their works as a series of still photographs. At Ellis Island, arrivals fell to their lowest levels in many decades, while returnees rushed back to Europe in record numbers. The Sonny Bono Copyright Act, effective in 1998 extended copyright for twenty years, and at the same time, prevented any works from expiring for twenty years.
Although the U.S. Supreme Court did have to weigh in twice on the issue, in general the copyright law’s structure has facilitated an explosion in creativity and wealth.
Forty years ago, I was barely out of law school and had started a new job when a magazine client wanted advice about the new copyright law. As salient as the 1914 sea policy change undoubtedly was for the long-term history of international migration, however, this should not obscure important influences running in a reverse causal direction. To view more op-eds from Texas Perspectives, click here. The first registration in the U.S. for a musical composition was made on January 6, 1794 by Raynor Taylor for the original song "The Kentucky Volunteer." In his famously prescient 1919 book, The Economic Consequences of the Peace, John Maynard Keynes described the open borders of the then bygone first age of globalisation before WWI: “The inhabitant of London could order by telephone, sipping his morning tea in bed, the various products of the whole earth, in such quantity as he might see fit, and reasonably expect their early delivery on his doorstep, he could at the same moment and by the same means adventure his wealth in the natural resources and new enterprises of any quarter of the world, [and] he could secure forthwith, if he wished it, cheap and comfortable means of transit to any country or climate without passport or other formality. It also made the copyrights inheritable, granting heirs of the authors and artists an opportunity to enjoy the benefits of their copyrights. The 1976 law created an intangible property right that could be registered like a land title and carved up anyway the owner liked.
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