VIII
Duration of Copyright: Term and Renewal
Historic
precedentThe duration of copyright was in the early printers' privileges for a short term, as for seven years, except in France, where copyrights were in perpetuity until the act of the National Assembly; in modern times the copyright term has been lengthened until a term extending through and beyond the life of the author has been adopted by thirty-seven countries, or more than half of tlaose which have copyright laws, of which four assure perpetual copyright. The Constitution
imposes only one limitation on the comprehensive rights of authors, in the provision that protection shall be "for limited times" only. This provision
has made the discussion of perpetual copyright purely academic in this country. The new American code adopts the double term of twenty-eight and twentyeight years, making fifty-six years in all, without reference to the life of the author.
Previous
American
practiceThe American law previous to 1909 provided for a uniform term of twenty-eight years, dating from the
time of recording the title, with a renewal of fourteen years, securable only by the author, or, if he be dead at the expiration of the term, by his widow or children. No other heirs or persons could renew. The new code differs in making the renewal period a second twenty-eight years and extending the right of renewal to the executors or next of kin and to the
proprietors of composite or other impersonal works; but it still denies renewal to assignee proprietors of personal works.
