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Before 1978, in the United States, federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work. [1] This has now been largely superseded by international conventions, principally the Berne Convention , which provide rights harmonized at an international level without a ...
A plaintiff establishes ownership by authorship (by the plaintiff itself or by someone who assigned rights to the plaintiff) of (1) an original work of authorship that is (2) fixed in a tangible medium (e.g. a book, musical recording, etc.).
The copyright notice must also contain the year in which the work was first published (or created), and the name of the copyright owner, which may be the author (including the legal author/owner of a work made for hire), one or more joint authors, or the person or entity to whom the copyright has been transferred.
Authors who failed to comply with some particular aspect of a formality—for instance, placing the notice in the wrong place or in the wrong order, or failing to renew a copyright in a timely fashion—would lose their copyright.
A joint author can sign a written statement in compliance with Section 204(a) to alter his ownership shares he is initially vested with. [36] A joint author may also sue any third party for copyright infringement without asking other co-owners to join the litigation. [37]
This page was last edited on 22 February 2025, at 10:49 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.
However, if a commercial purchaser wished to make copies, or if a non-commercial client wishes to own the copyright, they will need to bargain with the author because section 32.2(f) will not apply and section 13(1)will give first ownership to the author and the section 13(2) exception will be eliminated.
Under section 102 of the Act, copyright protection extends to "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device". The Act defines "works of authorship" as any of ...
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