(CR) protects original works of authorship including literary, dramatic,
musical, and artistic works such as poetry, novels, movies, songs, computer
software and architecture.
does NOT protect facts, ideas, systems, or methods of operation
may protect the way things are expressed.
of all works under CR protection that have been published in the U.S. are
required to be deposited in the Copyright Office within three months of the
date of first publication.
to Register CR
have facts on public record and certificate of registration.
for statutory damages and attorney’s fees.
facie evidence if registered w/in 5 years of publication.
– one copy
– two copies
for visual works
created after January 1, 1978 are not subject to renewal.
works became subject to CR protection on December 1, 1990.
transferee (by will, by inheritance) can register CR in a diary.CR is the right of the author of the
work or the author’s heirs or assignees, not the one who owns the physical
11.The creator of
an original expression in a work is the author.The author is also the owner of CR unless there is a
written agreement by which the author assigns the CR to another person or
entity, such as a publisher.In
cases of works made for hire the employer or commissioning party is
considered to be the author.
distribution of copies or phonorecords of a work to the public by sale or
other transfer of ownership, or by rental, lease, or lending.The offering to distribute copies or
phonorecords to a group of persons for purposes of further distribution,
public performance, or public display constitutes publication.A public performance or display of a
works does not itself constitute a publication.
occurs on the date on which copies of the work are first made available to
is not necessary for CR protection.
occurs at the discretion and initiative of the CR owner.
13.The owner may
transfer all or part of the rights in a CR work to another.
15.Fair Use for
commentary, criticism, news reporting, and scholarly reports.
16.Change in own
work to make a new claim of copyright:
than just editorial or minor changes
17.You cannot claim
CR to another’s work unless you have the owner’s consent.
18.CR notice is now
arrangement between author and publisher
20.CR protects the
original photograph, not the subject of the photo.
created after January 1, 1978
+ 70 years
work – 70 years after life of last surviving author
Pseudonymous, Works for Hire
i.95 years from year of 1st publication; or
ii.120 years from year of creation; whichever expires 1st
but not published before January 1, 1978
+ 70 years
expiration earlier than December 31, 2002
published before December 31, 2002, the term will not expire before December
1978 works in original or renewal term, total term extended for 95 years from
date of original CR.
to create and distribute
106 – Exclusive Rights
Right of Performance
v. Non-Exclusive Transfers
duration, then falls to public domain
Article I, Section 8
in CR duration
in CR extensions
technologies forcing CR to adapt
to the 1976 Act
Rights Recording Act (1990) – Moral Rights
Works Protection Act (1990) – Buildings