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
First, a big “thank you” to all our readers who have given feedback on our newsletter. We appreciate your interest and insights. It is always a treat to hear from you! Second, we wanted to provide you with updates on some of our most popular articles
How will you be celebrating World IP Day on April 26th? Finny will be swimming around the world testing the cleanliness of our waters and visiting his friends under the sea because this year’s topic is “Sustainable Development Goals” (or “SDGs” for short).
Climate change has increasingly dominated daily news cycles, signaling a growing urgency for action. The escalation of temperatures during the hottest months serves as a stark reminder of the immediate need for solutions.
President Donald Trump recently began promoting a brand-new pair of limited edition sneakers for sale bearing a T logo, American flag design, gold upper, and red sole bottom. Surprisingly, the Never Surrender High-Tops bear a striking resemblance to these high-end fashion sneakers manufactured and sold by famous footwear designer Christian Louboutin.
The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters.
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®