Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 23, Issue 8
Share on Social

Charles Dickens and the Ghost of Copyright Future
This was not a new issue in the mid-1800s. Benjamin Franklin, an iconic American politician, publisher, inventor, and Founding Father, would be considered a consummate copyright pirate today. In his role as a Philadelphia printer, Franklin regularly re-published the works of foreign authors in the eighteenth century without seeking permission or offering remuneration.
To be fair to Franklin, the US, like many other countries in the 1700s and 1800s, had no copyright protection for the published creative works of foreign authors. This means that any creative work of a non-American author was free to be copied, distributed, adapted, displayed, or in the case of non-literary works, even performed with no legal requirement to provide remuneration to its creator. The same was true of American-made works in England and other countries.
During his North American reading tour in 1842, Charles Dickens lobbied US legislators to recognize the copyrights of British authors but was unsuccessful. Despite receiving substantial pushback from publishers and the public in this first attempt, Dickens raised the issue again during another North American reading tour in 1867, to no avail.
It was not until 24 years later that the US enacted the International Copyright Act of 1891 to extend at least some copyright protection to foreign authors of select countries. In turn, American authors began to have their own works protected pursuant to the copyright laws of those countries.
Today, we often think of copyright protection in a global sense—especially since the advent of the Internet. The reality is that copyright protection has been—and continues to be—an evolving area of law in terms of what is protected, where that protection applies, and how long the term of protection endures. For other forms of intellectual property, things are more clear cut. For example, patents receive no reciprocal protection from country to country. In other words, patents may only be asserted in the country or jurisdiction where they are granted.
Even with the expansion of copyright protection toward the advantage of rights holders, protection is only available for a limited time. Every year, creative works go into the public domain, such as Winnie the Pooh and Happy Birthday.
Until works enter the public domain, however, libraries provide crucial access to copyrighted works along with the services of librarians who are experts at finding, selecting, circulating, and organizing the information associated with such works. National Library Week is being celebrated in the United States starting April 23rd. In keeping with the theme of this year’s celebration, “There’s More to the Story,” remember the trials and tribulations of Charles Dickens in protecting his writings in the United States, and celebrate by reading another chapter.
Michael Stewart is a founding member of Fishman Stewart. He has worked in a wide range of technical areas including information technology, e-commerce, telecommunications, and mechanical, aerospace, computer, and nuclear engineering. His practice includes domestic and foreign patent prosecution, e-commerce and information technology, patent opinions, intellectual property litigation, domestic and foreign trademark prosecution, trademark opinions, copyrights, trade secrets, rights of publicity, intellectual property evaluations/due diligence and drafting and negotiating technology and intellectual property agreements. Check out his full bio here.

If you are interested in learning more about Charles Dickens or are a fan of the modern American rock star Prince, author Nick Hornby recently published a book about the art, creativity, and the unlikely similarities between these two men. It is an entertaining read!
Related Content from Fishman Stewart
In the fast-paced world of fashion, IP Rights are often overlooked—yet they can be a game changer. From trademarks that protect brand identity to copyrights for original prints, IP Rights offer critical tools for protecting both creativity and market value.
The US Patent and Trademark Office (“USPTO”) has now issued guidance explaining that AI-assisted inventions are not categorically unpatentable, embracing the use of AI in innovation, but that only humans can be inventors and must make a significant contribution to the invention.
On June 6, 2025, a federal judge gave final approval to the long-awaited settlement in the antitrust lawsuit, House v. NCAA (discussed in a previous Fish Tank).
In our previous FishTank article “The Great Beige-Off: Influencer Sues for ‘Vibe’ Infringement,” we reported on Sydney Nicole Gifford’s lawsuit against fellow influencer Alyssa Sheil over allegations of copyright infringement involving neutral-toned social media content.
People have long pondered whether or not the Giza pyramids were indeed solely burial chambers, which was the only known, and archaeologically determined, use—until now.
As the story goes, Klein was so taken with the indescribable blue of the sky over the Mediterranean in Nice, France, that he dedicated his artistic talent developing a blue that would imbue the canvas with this color in its purest form.
Despite her pseudo-legal background in Suits, Meghan has been running into one issue after another in her efforts to register the trademark and logo for her new lifestyle company, for now, called “AS EVER”.
By 1930, efforts began in New York to replace Mother's Day with Parent's Day because men were more than just breadwinners. Those efforts didn't catch on, probably because in that era, women often spent more time in the home.
In February, Nike and Skims announced that they will be working together on a new brand, NikeSkims. The co-brand will create a new line of training apparel, footwear, and accessories specifically designed to meet the unique needs of women athletes.
Generally, federal courts have exclusive jurisdiction over copyright cases, and often, this presents an insurmountable paywall for individual artists and small businesses to vindicate their rights, especially where the value of the individual copyrighted works are relatively low.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
