The Copyright Act of 1790: Origins, Impact, and Legacy

The Copyright Act of 1790 was the first federal copyright statute enacted in the United States. Signed into law by President George Washington, it laid the foundation for modern copyright law by providing authors with exclusive rights over their works. Although simple compared to today’s complex legal framework, the Copyright Act of 1790 was a landmark in the history of American intellectual property rights.

This article provides an in-depth exploration of the Copyright Act of 1790, including its historical context, provisions, implementation, limitations, and long-term influence on copyright law in the United States and beyond.

1. Historical Background of the Copyright Act of 1790

Before the Copyright Act of 1790, copyright protection in America was governed by a patchwork of state laws. After gaining independence, the United States inherited much of its legal philosophy from England, particularly the Statute of Anne (1710), often called the first modern copyright law.

1.1 Influence of the Statute of Anne

The Statute of Anne granted authors limited rights to print and sell their works for a fixed term. This concept inspired the Founding Fathers, who recognised the importance of protecting intellectual labour as essential for encouraging creativity and knowledge.

1.2 Constitutional Foundation

The authority for the Copyright Act of 1790 came from the U.S. Constitution, specifically Article I, Section 8, Clause 8, which empowers Congress:

“To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

This clause reflects the belief that protecting authors’ works serves the public interest by encouraging more creation.

2. Enactment of the Copyright Act of 1790

The Copyright Act of 1790 was signed into law on May 31, 1790. It was officially titled “An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned.”

This title reveals both the limited scope of the law and its purpose: promoting education and learning through copyright protection.

3. Key Provisions of the Copyright Act of 1790

The Act was concise, consisting of only a few sections. Yet, it introduced several principles that remain central to copyright law today.

3.1 Protected Works

The Act only applied to:

Maps
Charts
Books

Other forms of creative works, such as music, art, and performances, were not included.

3.2 Duration of Protection

Initial term: 14 years from the date of registration.
Renewal: An additional 14 years if the author was still alive at the end of the first term.
Maximum protection: 28 years.

This short term reflected the 18th-century belief that copyright should balance incentives for authors with eventual public access.

3.3 Registration Process

Authors had to:

Register their works with the clerk of the local district court.
Deposit a copy of the work with the Secretary of State.
Provide notice of copyright on the published work.

3.4 Penalties for Infringement

Those who violated the law by printing or selling copies without authorisation faced fines of:

50 cents per infringing sheet.
Half of the damages paid to the author, and half to the federal government.

4. The Purpose and Philosophy Behind the Act

The Copyright Act of 1790 was not just a legal mechanism—it reflected broader cultural and political goals.

Encouraging Learning – The Act’s preamble explicitly stated that copyright existed to promote education.
Balancing Interests – It aimed to balance authors’ rights with public access to knowledge.
National Unity – A federal law provided consistency across states, avoiding fragmented legal standards.

The philosophy was pragmatic: authors deserved protection, but society benefited most when knowledge eventually entered the public domain.

5. Early Implementation and Challenges

Although groundbreaking, the Copyright Act of 1790 faced several challenges in practice.

5.1 Limited Scope of Protection

By covering only books, maps, and charts, the Act excluded many types of creative works. For example:

Musical compositions were not protected until 1831.
Visual arts and photographs were added even later.

5.2 Enforcement Difficulties

Enforcing copyright was difficult due to:

Lack of centralised record-keeping.
Limited communication across states.
High costs of litigation.

5.3 Limited Beneficiaries

Many early beneficiaries were not authors but publishers who registered works they purchased from writers. Thus, the Act primarily protected business interests in publishing rather than individual creative labour.

6. Impact of the Copyright Act of 1790

Despite its limitations, the Copyright Act of 1790 had profound effects on American culture and law.

6.1 Encouragement of Publishing

The Act encouraged investment in book publishing, helping spread literacy and education in the young republic.

6.2 Establishing Federal Authority

It set the precedent for federal regulation of intellectual property, centralising authority instead of leaving it to individual states.

6.3 Influence on Future Copyright Laws

Later amendments expanded coverage to include music (1831), prints (1802), photographs (1865), and dramatic works (1856). The basic structure of renewable terms and registration requirements remained influential.

7. Limitations of the Copyright Act of 1790

From a modern perspective, the Copyright Act of 1790 had several shortcomings:

Narrow Coverage – Excluded many forms of creativity.
Short Duration – A maximum of 28 years was relatively short.
Formalities – Registration, deposit, and notice requirements often burdened authors.
International Issues – The Act did not protect works by foreign authors. This meant American publishers often freely reprinted European works without compensation, creating tension with foreign writers.

8. International Dimensions

One of the most controversial aspects of the Copyright Act of 1790 was its exclusion of foreign works. For example:

American publishers widely reprinted works by British authors like Charles Dickens without paying royalties.
This made books cheaper for American readers but discouraged international collaboration.

It wasn’t until the International Copyright Act of 1891 that the U.S. began protecting foreign authors’ works.

9. Comparison with Modern Copyright Law

Comparing the Copyright Act of 1790 with today’s copyright framework highlights how much the system has evolved.

Feature	Copyright Act of 1790	Modern U.S. Copyright Law (Title 17, U.S. Code)
Protected Works	Maps, charts, books	Literary works, music, films, software, architecture, art, etc.
Term of Protection	14 years + 14 years (max 28 years)	Life of the author + 70 years (corporate works: 95 years)
Formalities	Registration, deposit, notice required	Automatic upon creation (since 1976 Act & Berne Convention adherence)
International Coverage	No protection for foreign works	Global protection under Berne Convention & TRIPS

This transformation shows how the U.S. expanded copyright to reflect new technologies, global integration, and a stronger emphasis on creators’ rights.

10. Legacy of the Copyright Act of 1790

The Copyright Act of 1790 continues to shape American intellectual property law in several ways:

Foundational Principle – Established that authors deserve exclusive rights for limited times.
Public Domain – Reinforced the idea that works eventually belong to society.
Balance of Interests – Set the stage for the ongoing debate between creators’ rights and public access.
Global Leadership – Though initially limited, it helped the U.S. become a leader in copyright law.

11. The Act in Broader Historical Context

The Copyright Act of 1790 must also be seen in the context of the late 18th century:

The U.S. was a new nation prioritising nation-building and education.
Printing technology was rapidly expanding, making copyright protection more urgent.
Philosophical ideas from the enlightenment emphasised individual rights, including the fruits of intellectual labour.

Thus, the Act represented both a legal innovation and a reflection of its time.

12. Criticism from Modern Scholars

Modern scholars often critique the Copyright Act of 1790 for being more favourable to publishers than authors. Some argue:

It primarily secured economic rights for those who could afford to register works.
It excluded oral traditions, music, and folk culture, privileging written works.
It perpetuated inequalities by limiting access to marginalised groups who lacked resources for registration.

Nonetheless, most agree it was an essential first step in the development of American copyright law.

13. Relevance Today

Why does the Copyright Act of 1790 still matter today?

Understanding Origins – It helps us understand how copyright principles evolved.
Policy Lessons – The Act’s balance between public access and private rights remains relevant in debates about digital media and AI-generated works.
Historical Symbolism – It symbolises the young nation’s commitment to learning, culture, and innovation.

14. The Evolution After 1790

The Copyright Act of 1790 was only the beginning. Major revisions followed:

Copyright Act of 1831 – Added music as a protected category.
Copyright Act of 1870 – Expanded coverage and centralised registration in the Library of Congress.
Copyright Act of 1909 – Broadened protection and extended terms.
Copyright Act of 1976 – Modernised copyright, aligning with international standards.
Sonny Bono Act (1998) – Extended terms to life + 70 years.

Each revision built on the foundation laid in 1790.

Conclusion

The Copyright Act of 1790 was a modest yet revolutionary piece of legislation. By granting authors exclusive rights to their books, maps, and charts for limited periods, it established the first federal copyright framework in the United States.

Though limited in scope and duration, it reflected the young nation’s commitment to education, innovation, and the promotion of knowledge. Its shortcomings—narrow coverage, short terms, and lack of foreign protection—were gradually addressed in later reforms.

Today, the Copyright Act of 1790 remains a cornerstone in the history of intellectual property. Its principles of balancing private rights with public good continue to influence debates over copyright in the digital age, artificial intelligence, and globalised knowledge economies.

By understanding the Copyright Act of 1790, we gain valuable insight into how intellectual property law has evolved—and how it must continue to evolve in response to new technological and cultural challenges.