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CurtisNeeley (talk | contribs) added 42 §§1983, 1988 and made the article current for the USA |
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<ref name=cornell.edu>{{cite web|title=42 USC § 1983 - Civil action for deprivation of rights|url=http://www.law.cornell.edu/uscode/text/42/1983|accessdate=14 February 2013}}</ref> '''Common law copyright''' is the legal doctrine which contends that [[copyright]] is a [[natural and legal rights|natural right]] and creators are therefore entitled to the same protections anyone would be in regard to tangible and real property. The proponents of this doctrine contended that creators had a perpetual right to control the publication of their work (also see [[perpetual copyright]]).
The doctrine was repudiated by the courts in the [[United Kingdom]] (''[[Donaldson v. Beckett]]'', 1774) and the [[United States]] (''[[Wheaton v. Peters]]'', 1834). In both countries, the courts found that copyright is a limited right created by the legislature under statutes and subject to the conditions and terms the legislature sees fit to impose.
:The ruling in the United States of ''[[Wheaton v. Peters]]'' and, in fact, the entire United States copy ritual was declared insufficient by statutes. The common law rights of a person were authorized to be protected by statute wgen other laws were insufficient. This flies in the face of the [[Copyright_Clause]] authorizing Congress to secure exclusive rights for authors and inventos "for a time" though this was not done. The time is not perpetual but for the life of the author plus seventy years as is consistent with international law.
== Battle of the booksellers ==
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{{main|Wheaton v. Peters}}
In 1834 the [[Supreme Court of the United States|Supreme Court]] ruled in [[Wheaton v. Peters]], a case similar to the British [[Donaldson v Beckett]] of 1774, that although the author of an unpublished work had a [[common law]] right to control the first publication of that work, the author did not have a common law right to control reproduction following the first publication of the work.<ref>{{Cite book| last = Peter K| first = Yu| title = Intellectual Property and Information Wealth: Copyright and related rights| publisher = Greenwood Publishing Group| year = 2007| page = 143| url = http://www.google.com/books?id=tgK9BzcF5WgC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s| isbn = 978-0-275-98883-8}}</ref>
== Civil Action for Deprivation of Rights ==
This action by ongress allows common law copy rights to exist due to the failure of the Copy[rite] Act to protect these human rights for a time.
:"''deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress..." This law creates an action at law for depriving of any right secured by the Constitution.''" <ref name=statute1983>{{cite web|title=42 USC § 1983|url=http://www.law.cornell.edu/uscode/text/42/1983|work=Civil Action for Deprivation of Rights|accessdate=14 February 2013}}</ref>
== Proceedings in vindication of civil rights ==
This section authorizes common law specifically by statute as was suggested in ''Wheaten v Peters.''
::"...but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, '''the common law''', as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause,...''" <ref name=statute1988>{{cite web|title=42 USC § 1988|url=http://www.law.cornell.edu/uscode/text/42/1988|work=Proceedings in vindication of civil rights|accessdate=14 February 2013}}</ref>
== Other uses ==
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