by administrator | Mar 23, 2020 | FAQ
Answer: Under U.S. law, there is a different copyright duration for works created before January 1, 1978 and those created thereafter. The current Copyright Act of 1976, which actually became effective on January 1, 1978, changed copyright duration from a term of years (then a maximum of two 28-year terms or 56 years total) to a “life of the author plus…” regime more in keeping with the rest of the world. However, the new “life plus” regime only applied prospectively to works created on or after January 1, 1978. Pre-1978 works were still subject to a fixed term of year copyright duration. The Sonny Bono Copyright Term Extension Act of 1998 engendered further changes, creating a shifting maze of applicable time periods. Nevertheless, the following rules-of-thumb should be helpful for determining whether a printed work is in the public domain in the U.S. (please bear in mind that these are generalities subject to some exceptions): If a work was first published prior to 1925 (that is in 1924 or earlier), it is public domain in the U.S.The duration of copyright for works first published in 1925 through 1977 is 95 years from the date of publication.The duration of copyright for works created on or after January 1, 1978 to the present, is life of the author plus 70 years. Other countries have their own separate copyright laws and durations. International treaties, such as the Berne Convention, prescribe certain minimum copyright durations, but individual countries are free to exceed these minimums. Consequently, certain works may fall into the public domain in one country and still be protected within the territory...
by administrator | Mar 23, 2020 | FAQ
Answer: It is essential to appreciate that a copyright represents a bundle of exclusive rights, namely the following exclusive rights of the copyright holder: (i) to reproduce the work in copies or phonorecords; (ii) to prepare, or authorize the preparation of, derivative works based upon the work; (iii) to distribute copies or phonorecords to the public by sale or other transfer of ownership; (iv) to perform the work publicly; (v) to display the work publicly; and (vi) in the case of sound recordings, to perform the work publicly by means of a digital audio transmission. Certain uses of copyrighted materials sometimes implicate several exclusive rights at one...
by administrator | Mar 23, 2020 | FAQ
Answer: A copyright protects original works of authorship. Copyrights exist automatically, as soon as a work is fixed in a tangible form. Copyright law protects literary works (including computer programs); musical works; dramatic works; pictorial, graphic, and sculptural works (including maps); motion picture and other audiovisual works; sound recordings; and architectural works. Copyright law protects materials on websites and in electronic databases, as well as in hard...
by administrator | Nov 29, 2016 | News
1. Definition U.S. copyright law protects original works of authorship. Copyrights exist automatically, as soon as a work is fixed in a tangible form. For additional remedies and protection, and as a pre-requisite for enforcing a copyright in federal court, works should be registered with the U.S. Copyright Office. A copyright owner enjoys a “bundle” of separate and distinct rights, including the right to: (i) reproduce a work; (ii) make derivations of the work; (iii) sell copies of the work; (iv) perform the work for the public; (v) display the work to the public; and (vi) license any of the foregoing rights in the work to others. Copyright law protects literary works (including computer programs); musical works; dramatic works; pictorial, graphic, and sculptural works (including maps); motion picture and other audiovisual works; sound recordings; and architectural works. Copyright law protects materials on websites and in electronic databases, as well as in hard copy. 2. Copyright Notice Under current law, it is no longer necessary to place a copyright notice on a work to protect it. Even though it is not essential, however, a copyright notice is highly recommended because it alerts the public to one’s rights in a copyrighted work. It also prevents any infringer of a copyright from claiming an “innocent infringer” defense – that is, that the infringer should not be liable for unauthorized use of the work because he or she did not realize it was protected by copyright. If the notice is used, it should include three things: (i) the copyright symbol © and the word “Copyright,” (ii) the year of first publication...
by administrator | Nov 22, 2016 | News
1. Definition Trademarks are words, symbols, logos, designs, or phrases used to identify the source of a product or service and to distinguish it from others’ products or services. A trademark is associated with products alone, while a service mark is associated with services, such as business consulting. The term “trademark” is often used to refer to both trademarks and service marks. Trademarks can be word marks or design marks. Word marks consist of a word or words alone. Design marks consist of a design alone, a design combined with words, or words in stylized type. 2. First Use The key to protecting a trademark is actually using the mark. Priority and ownership of a mark is generally governed by first use, rather than registration. A mark obtains “common law” protection against infringement from the time when it is first used in commerce. The U.S. government and individual state governments, each have separate registries for trademarks. However, an owner’s common law rights in the mark exist whether or not the mark is registered with the U.S. Patent & Trademark Office (the “PTO”) or with a state trademark office. A mark can be registered with the PTO only if it is being used in “interstate commerce,” which is liberally defined. There is a limited exception to this use requirement for a PTO “intent-to-use” application, though, even for ITU applications, timely use must ultimately ensue. 3. Trade Names The name of a corporate or professional organization, by itself, is referred to as a trade name; rather than a trademark. A trade name symbolizes the reputation of a business, as a...
