COPYRIGHT LAW Spring 2000 - COPYRIGHT LAW Spring 2000...

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COPYRIGHT LAW Spring, 2000 Daniel J. Curtin Jr. I. CONCEPTUAL FOUNDATIONS 1. Statute of Anne 1710 : (England) foundation of all 8 laws a. Protection given to authors upon publication, if author registers work b. Lasts 14 years with a possibility of another 14 years, so long as author is alive (28 years max.). Then goes into public domain. 2. Federal 8 Act of 1790 (system of formalities & restrictions) - First U.S. Copyright Act a. Protection to authors or their assigns of any A map or book @ for 14 yrs upon: 1) recording the title, prior to publication, in clerk = s office of d/ct where the author or proprietor resided; 2) publishing a copy of the record in 1 or more newspapers for 4 wks; and 3) depositing a copy w/ Sec. of State w/in 6 months after publication. b. Included maps, charts, or books c. Protected upon publication for 14 yrs (1st term); renewable for another 14 yrs 3. 8 Act of 1909 - REVISION a. Subject matter included A all the writings of an author @ b. Exempted foreign books from reqmt that they be reprinted in U.S. c. 8 began from publication w/notice, instead of from date of filing d. 1st term extended to 28 yrs; renewal for another 28 yrs; max protection of 56 yrs e. registration is no longer required, but NOTICE is. 4. 8 Act of 1976 (effective 1978)- MOST RECENT REVISION a. Protection for all A original works of authorship, @ published or unpublished, from the moment they are "fixed in a tangible medium of expression." b. Protection continued for the life of the author + 50 yrs after his death c. Note: if you had 8 work in your 1st term under 1909 statute, 1976 Act gave you another 50 yrs for a total of 75 yrs of protection. If over 75 yrs, it = s in p/d 5. 1988 AMENDMENT Implementing the Berne Convention a. Notice of 8 was optional, not mandatory. NO MORE FORMALITIES. Today, you must only create an original work. No requirement of registering for copyright protection, but it still helps. 6. Subsequent Amendments to 1976 Act a. Visual Artist Rights Act : authors of certain pictorial, sculptural & photo works have lmtd rts of attribution & integrity in the original physical copies of their work. (See Moral Rights) b. Architectural Works 8 Protection Act : c. Computer Software Rental Agreement : 8 to owners of computer programs exclusive rt to auth (or refuse to auth) rentals of copies, even after their 1st sale Page 1
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d. Renewals - 1992: automatic renewal of 8 terms e. Sonny Bono Term Extension - added another 20 years for total of life + 70 II. SUMMARY OF COPYRIGHT A. NATURE OF 8 1. Constitution Art. I, ' 8, Cl. 8 : A The Congress shall have the power . . . to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and @ Quote, pg. 570: "The framers intended copyright itself to be the engine of free expression" b/c the creator believes his work will be protected. 2.
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COPYRIGHT LAW Spring 2000 - COPYRIGHT LAW Spring 2000...

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