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Preregistration makes possible—only upon full registration—for the copyright owner to receive statutory damages and attorneys’ fees in an infringement action. Works determined eligible for copyright preregistration are: motion pictures, sound recordings, musical compositions, literary works being prepared as books, computer programs ...
In addition, use of an unpublished work is less likely to be considered fair. Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Courts look at both the quantity and quality of the copyrighted material that was used. Using a large portion of the copyrighted work is less likely to be fair use.
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in other works or phonograms (e.g. pictures in a book) Under certain conditions, the directive can also apply to unpublished works (such as letters or manuscripts).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 ...
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source.
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and thus is not generally available to the public, or for citation in scholarly or legal contexts, is called an unpublished work. In some cases unpublished works are widely cited, or circulated via informal means. [14] An author who has not yet published a work may also be referred to as being unpublished.
If no notice of copyright was affixed to a work and the work was, in fact, "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of the public domain. Under the 1976 Act, however, section 102 says that copyright protection extends to original works that are fixed in a tangible medium of expression ...
Whether orphaned software and video games ("Abandonware") fall under the audiovisual works definition is a matter debated by scholars. [14] The Directive was influenced by a survey of the state of intellectual property law in the United Kingdom called the Hargreaves Review of Intellectual Property and Growth.
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.