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In some cases, the profits earned by the infringer exploiting the copyrighted material may exceed those earned by or potentially available to the owner. In these circumstances, the copyright owner can recover the infringer's profits if he or she can demonstrate a nexus between the profits and the infringing use. [93]
Economic rights allow right owners to derive financial reward from the use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights, or those rights may be transferred to one or more copyright owners.
The termination right clause only started taking effect in 2013, with notably Victor Willis terminating rights on the songs he had written for The Village People.A lawsuit resulted from this action Scorpio Music, et al. v. Willis in 2012 (after Willis had filed notice of termination to Scorpio Music, the music distributor, and which the court upheld Willis' termination rights).
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure , freedom of speech , [ 1 ] education and ...
The default rule is that the artist who creates a commissioned work retains copyright ownership of the work (because the artist is an independent contractor and not an employee producing a work made for hire.) However, this is only a presumption which can be modified by contract. Stewart v. Abend: 495 U.S. 207: 1990: 6–3: Substantive ...
Common law: employer owns the copyright in work created by employees; Civil law: employer enjoys an exclusive licence to the economic rights in work created by employees; Civil law systems have also been forceful in protecting the moral rights of authors, arguing that their creativity deserves protection as an integral part of their personality.
Test of joint ownership - Problems can occur when there is a need to determine whether a person involved in the creation of a piece of work may have joint ownership. When this is the case, there is a test that can be applied, similar to the one which is used to determine originality.
The Visual Artists Rights Act of 1990 (VARA), (Pub. L. 101–650 title VI, 17 U.S.C. § 106A), is a United States law granting certain rights to artists. VARA was the first federal copyright legislation to grant protection to moral rights. Under VARA, works of art that meet certain requirements afford their authors additional rights in the ...
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