er in the creation of the
intellectual work thus protected, would be manifestly unjust. The
judicial tribunals, both in England and America, have held that copyright
laws do not affirm an existing right, but create a right, with special
privileges not before existing, and also with special limitations.

The earliest copyright enactment of 1790 granted the exclusive privilege
of printing his work to the author or his assigns for 14 + 14, or
twenty-eight years in all.

The act further required entry of the title, before publication, in the
office of the Clerk of the United States District Court in the State
where the author or proprietor resided.

This remained the law, with slight amendment, until 1831, when a new
copyright act extended the duration of copyright from fourteen to
twenty-eight years for the original, or first term, with right of renewal
to the author (now first extended to his widow or children, in case of
his decease) for fourteen additional years, making forty-two years in
all.

By the same act the privilege of copyright was extended to cover musical
compositions, as it had been earlier extended (in 1802) to include
designs, engravings, and etchings. Copyright was further extended in 1856
to dramatic compositions, and in 1865 to photographs and negatives
thereof. In 1870 a new copyright code, to take the place of all existing
and scattered statutes, was enacted, and there were added to the lawful
subjects of copyright, paintings, drawings, chromos, statues, statuary,
and models or designs intended to be perfected as works of the fine
arts. And finally, by act of March 3, 1891, the benefits of copyright
were extended so as to embrace foreign authors. In 1897, Congress created
the office of Register of Copyrights, but continued the Copyright office,
with its records, in the Library of Congress.

In 1846, the first enactment entitling the Library of the United States
Government to a copy of every work protected by copyright was passed.
This act, to establish the Smithsonian Institution, required that one
copy of each copyright publication be deposited therein, and one copy in
the Library of Congress. No penalties were provided, and in 1859, on
complaint of the authorities of the Smithsonian Institution that the law
brought in much trash in the shape of articles which were not books, the
law was repealed, with the apparent concurrence of those in charge of the
Congressional Library.

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