Formalities

Thursday, December 1, 2016

2:18 PM

NOTICE
Works published before 1/1/89
Notice was required upon publication
Published before 1978. 1909 Act. S10
Copyright notice under this act is important because anything created before
this act required notice
Published after 1978 - 1976 Act S401
Published between 1978-1989 S405 (a)(2) provided for prompt cure of
notice defects
Works published after 1/1/1989
Notice is optional S401
Form of notice:
Copyr., Copyright; year of first publication, copyright owner. S401
Special notice issues
Phonorecords S402
Protected by P in a circle not with the year of first publication and
author owner.
Underlying music composition protected under copyright
Government works S403
Here the copyright notice for West's 742 Federal Reported Second
Series Vol. 742
"Copyright 1985 by West Publishing Co.
Copyright is not claimed as to any part of the original
work prepared by a United States Government officer
of employee as part of that person's official duties. "
Collective works
Copyright notice is intended to help users (other than the creator) to know whether
something is protectable and know to whom to turn if they wanted to use the work.
Civil tradition - requires no formalities. When you create something it is yours and you
shouldnt have to have the gov't interfere by making you go through a formality to
establish it is yours.
Common law tradition - requires notice,

something is protectable and know to whom to turn if they wanted to use the work.
Civil tradition - requires no formalities. When you create something it is yours and you
shouldnt have to have the gov't interfere by making you go through a formality to
establish it is yours.
Common law tradition - requires notice,
DMCA S1202
Copyright Management Information
Violation of the DMCA to remove the of the author. It will be remedied by all
of the provisions of 1202. and if done with malicious intent, could be criminally
prosecuted under Sec 1203
Same purpose- to give the copyright user to know who it belongs to, etc.
Makes it harder for users to take since the watermark messes up the image for
the user.
DEPOSIT, s407
With the Library of Congress, within three months of publication
No longer a requirement to secure protection, but if you want to sue you have
to deposit it. You do not lose protection by not depositing it, but you could get
fine.
No longer important anymore
REGISTRATOIN, S408
Required for an infringement action, except for 106A and for foreigners,
If register refuses to register. S410(b).
Sue the infringer, give notice to Register. 411(a)
Challenge under the Administrative
Advantages of registration
Attorneys Fees. S412 - if you are successful after a claim on infringement
you get attorney fees
Statutory damages s412 - any infringement after you've registered your
work
Prima facie case s410
Control derivative works in the renewal term
PUBLICATION
Under the 1909 Act:
Under the 1909 act it was extremely important because if not published it was
only protected by state law. Once published a work was either protected by
Federal Law, or protected by nothing. Lose state protection if published.
As a gen matter it was about offering copies of the work to the general public.
If you sang a song a million times, it was not published, not protected. Copies of
the work to the General public needed to be distributed.

 Under the 1909 act it was extremely important because if not published it was
only protected by state law. Once published a work was either protected by
Federal Law, or protected by nothing. Lose state protection if published.
As a gen matter it was about offering copies of the work to the general public.
If you sang a song a million times, it was not published, not protected. Copies of
the work to the General public needed to be distributed.
Under the 1976 Act
Fixation is the point that causes the securing of the work. Fixation = investiture
S102
Publication is defined in 101 - the distribution of copies to the public by sale or
other transfer.
Unpublished works are protected regardless of national origin. S 104
Fair use on unpublished works. 107
Library copying of unpublished works - 108
Public broadcasting exemptions 119, 504