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Copyright

by blogtronix on 24 July 2006, 16:42   0 comments , 665 views

Copyright

Copyright is a form of protection provided by the laws of the United States under title 17 of the US Code, to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

A copyright is secured automatically when the work is created. A work is "created" when it is fixed in a copy or phonorecord for the first time. The way in which copyright protection is secured is frequently misunderstood. Neither publication, nor registration is required to secure a copyright. There are, however, certain definite advantages to registration. Among these advantages are the following:

  • Registration establishes a public record of the copyright claim.
  • Before an infringement suit may be filed in court, registration is necessary for works of US origin.
  • If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
  • If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

On works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first. Works created on or after Jan. 1, 1978, are not subject to renewal registration. As to works published or registered prior to Jan. 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages.
Copyright applications can be submitted to the Copyright Office, a department of the US Library of Congress.
The US and the Netherlands are both signatories to the Berne Convention on Literary and Artistic Works. This convention requires member states to recognize the moral rights of integrity and attribution. There must be protection within the country's own legal system. The author's work may not be exploited. The convention also grants economic rights - the author has exclusive right to translate, reproduce, perform, or adapt protected works.


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Disclaimer: Data and information is provided for informational purposes only, and are not intended to provide, and do not constitute, legal advice. Persons who need legal services should contact a duly licensed professional.

 


 
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