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assignment that transfers ownership because of the writing requirement.Joint AuthorshipIt is relatively common for two or more people to be “joint authors,” with each of them having all of therights associated with copyright ownership. A single joint author can exercise these rights of ownership,such as granting licenses to use the copyrighted work, without the consent of the other joint author(s).EXAMPLEIn January of 2020, Ron is hired by a television network to write a screenplay as a work for hire for anupcoming episode of one of their popular programs. He delivers the work, and the episode is filmed and airslater in the year.Also in 2020, Ron writes and publishes a science fiction novel.Ron passes away in 2040.Will the copyright on the screenplay or the novel expire first?
9/25/2018Print canvas161/216A. The screenplayB. The novelC. They will expire at the same time.ANSWER: A. The copyright on the screenplay will expire in 95 years because it is a work for hire, so itexpires in 2115. The copyright on the novel will expire 70 years after Ron’s death, or in 2110.Registered CopyrightsThe U.S. Copyright Office registers copyrights, but registration is not required for copyright protection.Although not required, registration is a very good idea. A copyright owner who is a U.S. national cannot filesuit in federal court for copyright infringement unless the copyright has been registered. Registration can beaccomplished by filling out a form and sending it to the Copyright Office, along with two copies of apublished work or one copy of an unpublished work, and a modest fee. A work must be registered withinthree months after first publication in order for the copyright owner to be able to receive so-called “statutorydamages” in an infringement lawsuit—these are damages that the court can award even without proof ofactual economic loss within a range between $750 and $30,000 per infringed work.If a U.S.-national owner does not register within the first three months after publication, it can recoverstatutory damages only for acts of infringement that occur after he or she actually does register and givesnotice to the accused infringer. The right to recover statutory damages is accompanied by a right to recoverfrom the infringer an amount determined by the court to be a reasonable attorney fee.Copyright InfringementTo prove copyright infringement, the owner must first prove that the defendant had access to the plaintiff’scopyrighted work. Courts presume access, however, in the case of works that have been distributed in arelatively wide fashion. After proving access, in most cases the plaintiff can prove infringement by showingthat the defendant’s work is “substantially similar” to the plaintiff’s work. In some cases, however, the testfor infringement is “virtual identity” rather than substantial similarity. The defendant’s work must bevirtually identical to the plaintiff’s in cases where the plaintiff’s copyrighted work has only a so-called “thin
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Common Law, Supreme Court of the United States, Appellate court, Trial court, State court