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Common law copyright is the legal doctrine which contends that copyright is a 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.
The doctrine was repudiated by the courts in the United Kingdom (Donaldson v. Beckett, 1784) 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.
While the legislature in the UK could grant a perpetual right — British Parliament has granted perpetual royalties (but not control) in regard to Peter Pan — it is under no obligation to do so and can set a limited term. Conversely, while the United States Congress is prevented by the Copyright Clause from granting a perpetual copyright, the Supreme Court ruled in Eldred v. Ashcroft that limits on copyrights already granted can be extended.
Common law copyright is also the term used in the United States to refer to most state law copyright claims. In 1978, Section 301 took effect, preempting all state common law copyright claims that fall under subject matter in Section 102 (Subject matter of copyright: In general) or Section 103 (Subject matter of copyright: Compilations and derivative works). This left only a small swath of works (excluding live performances and works "fixed" or captured in a tangible medium like film or tape) that still fall under state common law copyright.
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