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cinematographic and audio-visual works; phonograms; works embedded or incorporated in other works or phonograms (e.g. pictures in a book) Under certain conditions, the directive can also apply to unpublished works (such as letters or manuscripts). [4] Whether orphaned software and video games fall under the audiovisual works definition is ...
Unlike works of the U.S. government, works produced by contractors under government contracts are protected under U.S. copyright law [disputed (for: only true at times) – discuss]. The holdership of the copyright depends on the terms of the contract and the type of work undertaken.
For works created in the US by US citizens, a registration is also required before an infringement suit may be filed in a US court. Furthermore, copyright holders cannot claim statutory damages or attorney's fees unless the work was registered prior to infringement, or within three months of publication. [11]
A work that has not undergone publication, and thus is not generally available to the public, or for citation in scholarly or legal contexts, is called an unpublished work. In some cases unpublished works are widely cited, or circulated via informal means. [14] An author who has not yet published a work may also be referred to as being unpublished.
Unpublished unregistered works were covered by state law. This "common law copyright" in most states granted unpublished works a perpetual copyright, valid until an eventual publication of the work. [46] [47] Since 1978, US federal law also covers unpublished works (and preempts state law, see 17 USC 301). This gives the following situation in ...
Federal law expressly denies U.S. copyright protection to two types of government works: works of the U.S. federal government itself, and all edicts of any government regardless of level or whether or not foreign. [1] Other than addressing these "edicts of government", U.S. federal law does not address copyrights of U.S. state and local ...
For a cinematographic work, 50 years from the date when the work was made lawfully accessible to the public with the author's consent. [70]: Art. 15 For a photographic work or work of applied art, 25 years from the production of the work [70]: Art. 16 Yes [70]: Art. 12 Dominica: Life + 70 years [71] Dominican Republic: Life + 70 years [72]
Under the 1909 Act, federal statutory copyright protection attached to original works only when those works were 1) published and 2) had a notice of copyright affixed. Thus, state copyright law governed protection for unpublished works, but published works, whether containing a notice of copyright or not, were governed exclusively by federal law.