Termination of Transfers

March 23, 2010 | FAQs

Under the previous law, the copyright in a work reverted to the author, if living, or if the author was not living, to other specified beneficiaries, provided a renewal claim was registered in the 28th year of the original term. The present law drops the renewal feature except for works already in the first term […]

Effective Date Of Registration

March 19, 2010 | FAQs

A copyright registration is effective on the date the Copyright Office receives all the required elements in acceptable form, regardless of how long it then takes to process the application and mail the certificate of registration. The time the Copyright Office requires to process an application varies, depending on the amount of material the Office […]

Copyright Registration

March 19, 2010 | FAQs

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. […]

International Copyright Protection

March 19, 2010 | FAQs

There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly […]

Transfer Of Copyright

March 19, 2010 | FAQs

Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive […]

Omission of the Notice and Errors in Notice

March 19, 2010 | FAQs

The 1976 Copyright Act attempted to ameliorate the strict consequences of failure to include notice under prior law. It contained provisions that set out specific corrective steps to cure omissions or certain errors in notice. Under these provisions, an applicant had 5 years after publication to cure omission of notice or certain errors. Although these […]

How Long Copyright Protection Endures

March 19, 2010 | FAQs

Works Originally Created on or after January 1, 1978 A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the […]

Unpublished Works

March 19, 2010 | FAQs

The author or copyright owner may wish to place a copyright notice on any unpublished copies or phonorecords that leave his or her control. Example: Unpublished work © 1999 Jane Doe

Position of Notice

March 19, 2010 | FAQs

The copyright notice should be affixed to copies or phonorecords in such a way as to “give reasonable notice of the claim of copyright.” The three elements of the notice should ordinarily appear together on the copies or phonorecords or on the phonorecord label or container.

Form of Notice for Phonorecords of Sound Recordings

March 19, 2010 | FAQs

The notice for phonorecords embodying a sound recording should contain all the following three elements: 1. The symbol (the letter P in a circle); and 2. The year of first publication of the sound recording; and 3. The name of the owner of copyright in the sound recording, or an abbreviation by which the name […]