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Title 17, United States Code, Section 108 places limitations on exclusive copyrights for the purposes of certain limited reproduction by a public library or an archive. [38] [39] Title 17, United States Code, Section 107 also places statutory limits on copyright which are commonly referred to as the fair use exception. [40] [41]
The observation that registration is not required in the United States, however, has been described as misleading. [ 3 ] : 86–87 This is partly because registration remains a prerequisite to filing an infringement suit, [ 3 ] : 87 and also because important remedies depend on prompt registration—such as attorneys fees and statutory damages .
Consequently, some scholars and policy advocates (such as law professor and activist Lawrence Lessig [3] and U.S. Representative Zoe Lofgren) have called for returning to a system of registration requirements and possibly other formalities such as copyright notice. UC Berkeley's Law School held a conference in 2013 on the question of "Reform ...
While the U.S. became a party to the UCC in 1955, Congress passed Public Law 743 in order to modify copyright law to conform to the Convention's standards. [6] In the years following the United States' adoption of the UCC, Congress commissioned multiple studies on a general revision of copyright law, culminating in a published report in 1961. [7]
The lack of copyright protection for works of the United States government does not apply to works of U.S. subnational governments. Thus, works created by a state or local government may be subject to copyright. Some states have placed much of their work into the public domain by waiving some or all of their rights under copyright law.
This law removed the requirement that a second term of copyright protection is contingent on a renewal registration. The effect was that any work copyrighted in the US in 1964 or after had a copyright term of 75 years, whether or not a formal copyright renewal was filed.
In the United States Code, Title 17 outlines its copyright law. [1] It was codified into positive law on July 30, 1947. [ 2 ] The latest version is from December 2016.
Thus, state copyright law governed protection for unpublished works, but published works, whether containing a notice of copyright or not, were governed exclusively by federal law. If no notice of copyright was affixed to a work and the work was "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part ...
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