Copyright Formalities

Copyright Formalities

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Copyright Formalities in the United States

Some of the most sweeping changes under the 1976 Copyright Act involve copyright formalities, that is, the procedural requirements for securing and maintaining full copyright
protection. The old system of formalities involved copyright notice, deposit and registration, recordation of transfers and licenses of copyright ownership, and U. S. manufacture,
among other things. In general, while retaining formalities, the 1976 law reduced the chances of mistakes, softened the consequences of errors and omissions, and allowed for the correction of errors.

In the international law context, the Berne Convention Implementation Act of 1988
reduced formalities, most notably making the addition of the previously mandatory copyright notice optional. It should be noted that the amended notice requirements are
not retroactive.

The U.S. Copyright Renewal Act of 1992, enacted June 26, 1992, automatically extends the term of copyrights secured between January 1, 1964, and December 31, 1977, making
renewal registration optional.

Automatic Copyright in the United States

Under the present U.S. copyright law, copyright exists in original works of authorship created and fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly, or indirectly with the aid of a machine or device. In other words, in the United States (as many other countries) copyright is an incident of creative authorship not dependent on statutory formalities. Thus, registration with the U.S. Copyright Office generally is not required, but there are certain advantages that arise from a timely
registration.

Conclusion

Notes

See Also

About the Author/s and Rewiever/s

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References and Further Reading

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Mentioned in these Entries

Absence of Copyright Notice, Ad Interim copyright, Berne Convention, Copyright Investigation, Copyright Notice, Copyright and Public Domain, Derivative Works and Copyright, Duration of Copyright Protection in the U.S., Name in the Copyright Notice.


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