Paige_v._Banks

<i>Paige v. Banks</i>

Paige v. Banks

1872 United States Supreme Court case


Paige v. Banks, 80 U.S. (13 Wall.) 608 (1872), was a United States Supreme Court case in which the Court held an agreement that transfers a copyright from the original author to a second party for perpetuity does not end with the statutory limit of copyright at the time the parties made the deal. If a later act of Congress extends copyright and the extension is available to the work, the second party still controls the copyright or perpetual license to that copyright.[1]

Quick Facts Paige v. Banks, Argued Apr. 11, 16, 1872 Decided May 6, 1872 ...

This is a notable departure from the Statute of Anne, a 1709 law from Great Britain that was influential in the United States's copyright history. That statute, from which the United States borrowed for the Copyright Act of 1790,[2] provided for a maximum of two fourteen year terms of the author controlling a work's copyright monopoly before it entered the public domain. Under that British scheme, an author could sign away their copyright during the first term and it would automatically return to them at the beginning of the second term.[3]


Notes

  1. Paige v. Banks, 80 U.S. (13 Wall.) 608 (1872)
  2. Bracha 2010, p. 1453.
  3. Bracha 2010, p. 1438.

References

  • Bracha, Oren (2010). "The Adventures of the Statute of Anne in the Land of Unlimited Possibilities: The Life of a Legal Transplant". Berkeley Technology Law Journal. 25 (1). UC Berkeley School of Law. ISSN 1086-3818.



Share this article:

This article uses material from the Wikipedia article Paige_v._Banks, and is written by contributors. Text is available under a CC BY-SA 4.0 International License; additional terms may apply. Images, videos and audio are available under their respective licenses.