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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. There are some legal reasons for filing such renewal registrations.
Under the 1909 copyright, works copyrighted in the United States before January 1, 1978, were subject to a renewal system in which the term of copyright was divided into two consecutive terms. [3] Strict time limits were imposed on renewal registration to secure the second term and extending copyright to the maximum length.
Critics of the CTEA argue that it was never the original intention for copyright protection to be extended in the United States. Attorney Jenny L. Dixon mentions that "the United States has always viewed copyright primarily as a vehicle for achieving social benefit based on the belief that encouragement of individual effort by personal gain is the best way to advance the public welfare;" [24 ...
A copyright holder can also seek monetary damages. Injunctions and damages are not mutually exclusive. One can have injunctions and no damages, or damages and no injunctions, or both injunctions and damages. There are two types of damages: actual damages and profits, or statutory damages. [91]
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.
In some cases, a film's copyright has lapsed because of non-renewal while the underlying literary or dramatic source is still protected by copyright; for example, the film His Girl Friday (1940) became a public domain film in 1969 because it was not renewed, but it is based on the 1928 play The Front Page; as a practical matter, the film could ...
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After the death of an author, the widow and children are eligible to renew copyright, equally as a class. Additionally, conditional on state laws, illegitimate children are also eligible for a share of the copyright. Columbia Broadcasting System, Inc. v. Loew's, Inc. 356 U.S. 43: 1958: 4–4: Substantive: Fair use in parody: per curiam
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