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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federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work. [1] This has now been largely superseded by international conventions, principally the Berne Convention , which provide rights harmonized at an international level without a ...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 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]
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.
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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.
By contrast, in the European Union the European Court of Justice held that a copyright holder cannot oppose the resale of a digitally sold software, in accordance with the rule of copyright exhaustion on first sale as ownership is transferred, and questions therefore the "licensed, not sold" EULAs in the EU.
The difference runs both ways: UK and Irish copyright laws protect the privacy of the subject of certain photographs and films as a moral right under copyright law, while civil law systems treat this as a separate portrait right. The different protections of industrial design rights cut across the divide between the two systems of law.
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