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Unlike works of the U.S. government, works produced by contractors under government contracts are protected under U.S. copyright law [disputed (for: only true at times) – discuss]. The holdership of the copyright depends on the terms of the contract and the type of work undertaken.
On January 1, 2022, all sound recordings published before 1923 entered the public domain – the first sound recordings to involuntarily lose copyright protection in US history. (Creators have always been free to surrender copyright protection and deed their sound recordings into the public domain, as Tom Lehrer would do later in 2022 after ...
Joint authorship: The US copyright law recognizes joint authorship in Section 101. [28] The authors of a joint work are co-owners of a single copyright in the work. A joint work is "a work prepared by two or more authors with the intention that their contributions be merged into inseparable or independent parts of a unitary whole." [28] [31]
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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 works, regardless of any subsequent physical ownership of the work itself, or regardless of who holds the copyright to the work.
Even if all prongs are met, there are fair use defenses that may defeat a claim of copyright infringement. [7] Beyond these basics, US copyright law is complex, confusing, and inconsistent, with a variety of tests employed by courts to determine when copyright has been infringed, including by paraphrasing.
The first step of the infringement analysis, copying-in-fact, includes determining that the defendant actually copied the work as a factual matter. [53] Because direct evidence of copying is rare, courts tend to permit evidence showing that (1) the defendant had access to the copyrighted work and so had the opportunity to copy the work and (2) a sufficient degree of similarity exists between ...