Author: Shirata, Hideaki

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Media Type: Periodical (article)

Summary:

Abstract:

This article attempts to clarify why there are two different bases to explain the basic theory or the nature of copyright law in America. One comes from a historical understanding and a strict interpretation of the statutes. The other comes from academic doctrine under the influence of civil law copyright theory, whose adherents believe that the protection of copyright is an actualization of authors rights directly derived from a natural right.

The original concept of copyright law emerged in England in the sixteenth century and enacted the worlds first copyright law in 1710. This statute has long been considered a turning point in the history of copyright because it clearly recognized the authors right.

The author argues that the statute was, in fact, enacted for the abolition of the stationers monopoly and surveys the bifocal development of copyright in the U.S. On one hand, the law and the Supreme Court consider copyright to be "trade regulation" preventing monopoly. On the other hand, many lawyers and most of the creative community consider copyright a "nature right" akin to "authors rights" in Civil Code countries.

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