Great Copyright Reference
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I just signed up at Docstoc. It’s a site where you can upload any documents you’d like to share with others. You can set the copyright terms of your document. You can download, email or get the code to embed other people’s documents, too. I found some great articles and e-books there.
This one is great. It’s a visual table of the basics of copyright law.
Copyright, Trademark & Patent Survey
1909 Act
1976 Act
1988 Berne Agreement
prior to 1/1/78
1/1/78 to 2/28/89
3/1/89 to today
Copyright Notice Requirement
Requires:
1. © symbol or “Copyright” or “Copr.” or else © forfeited.
2. Year of the work’s first publication
3. Name of the owner of the ©. abbreviations may suffice Requires:
1. © symbol or “Copyright” or “Copr.” or else © forfeited.
2. Year of the work’s first publication
3. Name of the owner of the ©. abbreviations may suffice
Required prior to 3/1/89.
• Notice option from 3/1/89, but may affect monetary recovery as D may claim innocent infringement.
Specific locations:
• printed matter must appear on title page or one immediately following.
No specific location for © notice
date of publication/registration
Duration of copyright §302
28 years and 28 year renewal 1) Life of author + 50 years
2) Anonymous/Pseudonymous: 75 years from first publication or 100 years from date of creation, whichever shorter.
3) Joint works: Last surviving author’s death + 50 years Life of author + 50 years
Duration of sound recordings fixed
§301(c)
• Prior to 2/15/72 only protected by state statute and common law and unaffected by 1976 Act until 2047
• From 2/15/72 through 12/31/77 has 28 year © and 47 year renewal (75 years)
• From 1/1/78 - current life of author + 50 years • From 1/1/78 - current life of author + 50 years
Duration of works created but not published before 1/1/78
§303
• All works created but not ©/published before 1/1/78 will be protected until 12/31/2002 per §302. Failure to publish before 2003 will result in forfeiture of renewal rights.
• If works are published before 2002, © protection lasts until 12/31/2027 (50 years from 12/31/77) If works are published before 2002, © protection lasts until 12/31/2027 (50 years from 12/31/77)
Duration of works published during and after 1950 and before 1/1/78
Works published from 1/1/50 will be in their first term of © protection in 1978. Renewal is to be done in the 27th year, some time after 12/31/77 and within 1976 Act. 47 years renewal term, 75 total.
• 1st term: 28 years
• Renewal Term: 47 years
Works in second term as of 1/1/78
Works in second term sget 19 extra years tacked on, protected until 12/31/2005
Forfeiture: Easy to do by any simple omission. No forfeiture if:
• accidental omission when the owner attempts to comply
• omission without consent of © owner Forfeiture may be cured for omission per § 405(a)(2) when:
1) the work is registered within 5 years of publication; and
2) owner makes reasonable effort to add notice to all unmarked copies sold in the US.
• 28 years with the ability to renew for an additional 28 years for total of 56 years from the time of publication
• Several laws were passed by Congress extending older copyrights to terms totaling 75 years.
© begins at
C/L state protection exists.
Federal protection at time of publication
• State C/L protection exists but is extinguished with fixation in tangible expression.
• Federal Protection from first fixation in tangible expression.
Requirements for © protection
§301
1. Must be fixed in tangible medium of expression per §106.
2. Must come within the subject matter of copyright per §§ 102 & 103
When is a work published?
1. Investitive publication: when owner invests himself of federal statutory protection.
2. Divestitive Publication: that which owner divested himself of state C/L protection.
• court hates forfeiture and usually tried to find some protection for an injured owner.
• §101: dissemination to the public, but not limited &/or unauthorized, nor public performance.
May © owner bring suit before registration?
NO. May have to bring suit against © office to obtain © if not approved initially.
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