Joint Authorship It is relatively common for two or more people to be joint

Joint authorship it is relatively common for two or

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assignment that transfers ownership because of the writing requirement. Joint Authorship It is relatively common for two or more people to be “joint authors,” with each of them having all of the rights 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). EXAMPLE In January of 2020, Ron is hired by a television network to write a screenplay as a work for hire for an upcoming episode of one of their popular programs. He delivers the work, and the episode is filmed and airs later 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?
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9/25/2018 Print canvas 161/216 A. The screenplay B. The novel C. 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 it expires in 2115. The copyright on the novel will expire 70 years after Ron’s death, or in 2110. Registered Copyrights The 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 file suit in federal court for copyright infringement unless the copyright has been registered. Registration can be accomplished by filling out a form and sending it to the Copyright Office, along with two copies of a published work or one copy of an unpublished work, and a modest fee. A work must be registered within three months after first publication in order for the copyright owner to be able to receive so-called “statutory damages” in an infringement lawsuit—these are damages that the court can award even without proof of actual 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 recover statutory damages only for acts of infringement that occur after he or she actually does register and gives notice to the accused infringer. The right to recover statutory damages is accompanied by a right to recover from the infringer an amount determined by the court to be a reasonable attorney fee. Copyright Infringement To prove copyright infringement, the owner must first prove that the defendant had access to the plaintiff’s copyrighted work. Courts presume access, however, in the case of works that have been distributed in a relatively wide fashion. After proving access, in most cases the plaintiff can prove infringement by showing that the defendant’s work is “substantially similar” to the plaintiff’s work. In some cases, however, the test for infringement is “virtual identity” rather than substantial similarity. The defendant’s work must be virtually identical to the plaintiff’s in cases where the plaintiff’s copyrighted work has only a so-called “thin
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  • Spring '08
  • BREDESON
  • Common Law, Supreme Court of the United States, Appellate court, Trial court, State court

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