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Common law copyright doctrine
Common law copyright is the legal doctrine which contends that copyright is a natural
right and creators are therefore entitled
to the same protections anyone would be in regard to tangible and real property.
Common law copyright doctrine was repudiated by the courts in the United Kingdom
(Donaldson v. Beckett, 1784) and the
United States (Wheaton v. Peters, 1834). In both countries, the courts found that
copyright is a limited right created by the
legislature under statutes and subject to the conditions and terms the legislature sees
fit to impose.
Common law copyright doctrine contends that creators had a perpetual right to control the
publication of their work. Common
law copyright doctrine contends that copyright is a natural right and creators are
therefore entitled to the same protections
anyone would be in regard to tangible and real property.
British Parliament has granted perpetual royalties (but not control) in regard to Peter
Pan though it is under no obligation to do
so and can set a limited term.
The United States Congress is prevented by the Copyright Clause from granting a perpetual
copyright, the Supreme Court has
ruled that limits on copyrights already granted can be extended.
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