Monday, June 8, 2020

Noah Webster and the First American Copyright Laws


Noah Webster and the First American Copyright Laws

Noah Webster, (1758-1843), who, is best known for his dictionary, was an early advocate of copyright law. He was known as “the father of American scholarship” who worked against the idea that American scholarship was a child of British or European scholarship. His first job after graduating Yale College was a teacher. He used British textbooks and he found them full of errors and not appropriate for American students[1]. They were also in short supply.  The dominate textbook for spelling and grammar was written by Thomas Dilsworth, A New Guide to the English Tongue, published in London in 1740. Spelling was fluid in those days.  There was no American spelling reform yet. 

In 1782 while the Revolutionary War was still over a year from ending, Webster was teaching school in Goshen, New York.  American printers copied Dilsworth’s books without payment of royalties making, the consumer price was much lower than the cost in England. However, because of the difficulties with Dilsworth’s books, Webster decided to write his own textbook. Webster wanted the protection of copyright both for financial reasons and protection of  his intellectual property.   The British copyright[2] law, known as the Statute of Anne, was not the law in America. Copyright legislation is a compromise between the author/creator’s financial and intellectual property rights with the public’s need or desire to have entertainment and edification. Webster’s lobbying for copyright laws was both for the rights of all authors to their intellectual property and for the public to benefit from the creator’s creativity and expertise. Webster was also a businessman and wanted to make a living from sales of his books and articles.

By the time the British colonies became the United States, every state had printing presses that printed newspapers, books, pamphlets, broadsides, etc. These presses played important roles in the dissemination of revolutionary ideas.  For example, Thomas Paine wrote the pamphlet, Common Sense. It eventually sold either 150,000 or 500,000.[3]  This short pamphlet was an important document in swaying people’s opinion to the revolutionary cause.

Webster’s version of how he worked to pass copyright laws in 12 of the 13 colonies is told in chapter 7 of, A Collection of Papers on political, Literary, and Moral Subjects.
The first state he convinced was his home state of Connecticut, which passed a copyright law in January 1783.  Webster was the editor of a periodical, American magazine, in which he campaigned for copyright legislation.[4] He emphasized that people have the right to fruits of their labor and thought.

A man who has devoted a most valuable period of his life to the acquisition of knowledge … is indubitably entitled to the exclusive advantages resulting from his exertions and expenses. [5]

Printing British and other foreign material was a common practice until the international copyright agreements of the late 19th century. It was not only within the law, but there was no common law or moral law against the practice. Printing was primarily a local trade.  Distribution channels were limited and prices for the products were low. Markets and content were largely unregulated. In Europe the early copyright protection was a license.  In exchange for a limited monopoly, cities or states granted a license to a publisher or printer to print and sell their product.  This was also the way other products were sold.  The government used this as both a source of revenue and as a way to control the published ideas.  The Americans were aware of this censorship and were very wary of any government intervention. 

In January 1783 Connecticut passed the first American copyright law.[6] The preamble to the law states that authors should receive profits from the sale of their works to encourage learning and genius. The term was 14 years with an option to renew the copyright by the author or his heirs for another 14 years. The Secretary of State’s office administered the copyright registration. The law covered only the State of Connecticut.  Note—This law was not repealed until October 1812, well after the Constitution gave the federal government the sole authority to copyright law. 

The Massachusetts copyright law was enacted on March 17, 1783. The preamble said the same ideas as Connecticut in different words. The term of copyright was 21 years. The authors were supposed to deposit two copies of their work with the “University of Cambridge.” I assume they meant Harvard University as it was the only university in Cambridge at the time.
All of states’ laws had similar preambles, but the terms varied from 14 years renewable for a second 14 term to 21 years with no renewal.  All the laws said that they were only effective in their state and for US citizens and residents only if their home state had similar laws. Most mentioned that one had to be a citizen or resident to apply for copyright.  South Carolina’s law said that nothing in the statute restricted the importation and sale of any book in a foreign language. North Carolina did limit the importation and sale of books and pamphlets from any other state, kingdom or commonwealth without the author’s permission.  Most states had no provision for international copyright protection. Foreigners could not even apply for copyright.  North Carolina’s law explicitly states the law doesn’t cover any book printed in another country. The law permits piracy when the books come from abroad.[7]

On May 2, 1783 the Continental Congress passed a resolution to recommend the states enact legislation for copy right. The period was “not less than 14 years and renewable for another 14 years.[8]  The Continental Congress had no authority to create a national copyright law.

State
date of law
term
renew term
deposit copies
agency
must be US res
Connecticut
01/1783
14
14

Sec of State
yes
Massachusetts
03/1783
21

2
Un of Cambridge
yes
Maryland
04/1783
14
14


no
New Jersey
5/1783
14
14

Sec of State
no
New Hamp
11/1783
21



yes
Rhode Island
12/1783
21



yes
Pennsylvania
3/1784
14
14


no
South Carolina
3/1784
14
14

Sec of State
yes
Virginia
10/1785
21


clerk of council
no
North Carolina
11/1785
14

1
Sec of State
yes
Georgia
2/1786
14
14

Sec of State
yes
New York
4/1786
14
14


no
Deleware
no law






The campaign for copyright law was struggle between the authors, printers and the consumers.  It was struggle for the authors to spread their message and develop an American intellect.  Between 1783 and 1786 12 of the 13 states passed copyright laws.  (Delaware was the holdout.) Copyright law is a still is a balancing act between groups that want control. The authors want control of their ideas, the publishers and printers want the economic control so they can earn a return on their investment.  They all want freedom of the press so that final laws are not tools for censorship.  Giving the power of copyright control and processing to the government is a compromise that authors and business people are willing to cede for the greater good.  

Webster realized that first federal copyright laws needed revisions.  The laws were revised in 1802 and 1819. After he visited English in 1825, he learned about the British copyright law that extended some of the author rights.  Upon his return he lobbied Congress to change the US law. The law of February 1831 was result. That law extended protection for 28 years.  There was still no protection for works not printed in the United States. 

Below is a sample registration from 1790. Notice the act’s preamble is quoted at the end above the signature.


What is the nature of control?  Creators have the right to enjoy the fruits of their labor.  In Europe grantors of copyright protection used the opportunity for control of the text i.e. censorship.  The North Carolina law said that the law does not protect “any authors or publishers of books … which may be dangerous to civil liberty, or to the peace or morals of society.”[9]  They didn’t recognize freedom of the press.

A craftsman who creates objects, sells them to compensate for the time, materials, expertise, and overhead that was taken to create the object.  When a furniture builder is making objects one at a time, I don’t think he cares if someone copies the design. In the days before the printing press no one thought of copyright or intellectual property.[10] When mass production enters the scene intellectual property and protecting the genius of the writers becomes the way to ensure profits and enable authors a livelihood. 

Webster was successful in his lobbying efforts.  When the first US copyright was enacted in 1790 many of his ideas were included. The preamble stated, “An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies…”  In 1802 the act was amended to extend protection was extended to visual arts such as, engravings, designs, etching, and other 2d art works. Maps and charts were already covered in the 1790 act. In 1831 the law was further revised[11].  We have much to thank Noah Webster for including his dictionary, teaching materials and protection of intellectual property.

Bibliography

Copyright Enactments :  laws passed in the United States since 1783 relating to copyright. Washington, Copyright Office, Library of Congress, 1973.

Guindon, Alex.“A Very Short History of Copyright: Adopting the User’s Perspective.” Canadian Journal of Information & Library Sciences 30 (3/4): pages 153–174, 2006

Kendall, Joshua.  The forgotten founding father.  New York: Putnam’s Sons, 2010.

Madison, James  “The Powers Conferred by the Constitution Further Considered”. New York: New York Packet, January 22, 1788. Published under pseudonym Publius. Part of the Federalist Papers.

 Warfel, Harry R. Noah Webster, schoolmaster to America. New York, Macmillan, 1936.


Webster, Noah. “Origin of the copy-right laws in the United States” in A collection of papers on political, literary, and moral subject. Pages 173-178.   New York: Webster & Clark, 1843.


[1] I t is hard for me to determine what is wrong as compared to what is different from today’s use of English.  For example, in the 18th century some of the letters were printed differently and pronounced than our practice. For example: ʃhort Leʃʃons = short lessons. Many of the rules of grammar were more rigidly connected to Latin grammar than our usage.   Common nouns were frequently capitalized.

[2] The spelling “copy right” (two words) was used in the 18th and 19th century.  I use the spelling of “copy right” when I am quoting a source and “copyright” when the words are mine.

[3] Paine was a proponent of the importance of protecting the rights of authors. Sources differ as to how many copies were sold as some copies were printed and sold without his permission.  Some sources say he renounced copyright and gave royalties to revolutionary causes. However, no copyright law existed to renounce. It is unclear as to how much he earned from Common Sense or if he donated the royalties to the revolutionary causes.

[5] ibid.  page 184.

[6] Copyright enactments pages 1-3

[7] This was a big problem for famous authors such as Mark Twain and Charles Dickens.  They fought for international copyright laws.  Today there are some countries who have not signed international copyright treaties. The copying and reprinting of works without royalty payment from those countries is unrestricted by statue.

[8] Copyright enactments page1.

[9] Copyright enactments pages 16-17.

[10] That is not entirely correct.  Even in the Talmud ideas were attributed to earlier teachers.  Attributing ideas to others is a practice that adds authority to the statements.   Ancient teachers were glad that their students spread the ideas and there is no evidence that control of intellectual property was a concern.
 
[11] Copyright enactments pages 27-31.

No comments: