Copyright common law

  • What is the common law copyright in the United States?

    "Common law" copyright referred to federal and state judicial rulings that protect works in the absence of legislation until they were published.
    Copyright officially became law when Congress passed the 1976 Copyright Act..

Common law copyright is the legal doctrine that grants copyright protection based on common law of various jurisdictions, rather than through protection of statutory law.
Common law copyright, as a literary property distinct from statutory copyright, dates from the sixteenth century,' and is an incorporeal right. ' Thus, the ownership of literary property may be vested in one person while its incorporeal embodiment may be held by another.
This is a traditional form of protection for unpublished works, governed by court-made law (common law) rather than statutes. Under common law, a creator has exclusive rights over their work from the moment of creation until publication.

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