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"Innocent" is a technical term. In particular, if the work carries a copyright notice, the infringer cannot claim innocence. [96] In case of "willful infringement" (again, "willful" is a technical term), statutory damages can be no more than $150,000 for an effective range of $750 to $150,000 per work. [94] Damages in copyright cases can be ...
In 2025, the works unbound from copyright cap off the 1920s with literature, characters and more from 1929 entering the public domain.
Every instance of a copyrighted work must observe copyright notice formalities for the work to maintain copyright, even if the work appears multiple times on the same sheet of paper. Every copy of a copyrighted painting must bear the notice for the painting to maintain copyright. G. & C. Merriam Co. v. Syndicate Pub. Co. 237 U.S. 618: 1915: 9–0
The term public domain is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission". As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another.
Foreign works published before 1978 did not establish US copyright until published in the US or with US copyright formalities. Applied Info. Mgmt., Inc, v. Icart: 976 Supp. 149, 155: E.D.N.Y. 1997 The sale of software is the sale of a good. Case was dropped. Itar-Tass Russian News Agency v. Russian Kurier, Inc. 153 F.3d 82: 2d Cir. 1998
For a work for hire, the copyright in a work created before 1978, but not theretofore in the public domain or registered for copyright, subsists from January 1, 1978, and endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first. [30]
The right to publish a work is an exclusive right of the copyright owner , and violating this right (e.g. by disseminating copies of the work without the copyright owner's consent) is a copyright infringement (17 USC 501(a)), and the copyright owner can demand (by suing in court) that copies distributed against his or her will be confiscated ...
These are works or expressions which can be freely studied, applied, copied and modified by anyone for any purpose [1] [better source needed] including, in some cases, commercial purposes. Free content encompasses all works in the public domain and also those copyrighted works whose licenses honor and uphold the definition of free cultural work.