Common law copyright - Definition and Overview

Common law copyright is the legal doctrine that contends that copyright is a natural right and creators have the same inherent right to it as they would tangible property. The doctrine has been repudiated by the courts in the United Kingdom (Donaldson v. Beckett) and the United States (Wheaton v. Peters). In both countries, the courts have found that copyright is a limited right created by the legislature under statutes and subject to conditions and terms the legislature sees fit. The proponents of this doctrine contended that creators had a perpetual right to control publication of their work. While the legislature could grant such a perpetual right--in the U.K., Parliament has done so in regards to Peter Pan--it is under no obligation to and can set a limited term.