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The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be ...
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]
"To make the notice meaningful rather than misleading", section 403 of the 1976 Act required that, when the copies consist " 'preponderantly of one or more works of the United States Government', the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as ...
The claim that "pre-1930 works are in the public domain" is correct only for published works; unpublished works are under federal copyright for at least the life of the author plus 70 years. [citation needed] Legal traditions differ on whether a work in the public domain can have its copyright restored.
In addition, use of an unpublished work is less likely to be considered fair.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.
An article processing charge (APC), also known as a publication fee, is a fee which is sometimes charged to authors. Most commonly, it is involved in making an academic work available as open access (OA), in either a full OA journal or in a hybrid journal .
An RMD (Required Minimum Distribution) penalty waiver letter is a written request submitted to the IRS to request the waiver of the 25% penalty imposed for failing to take the required minimum ...
New York Graphic Society, [17] for example, the court held that although a copyright in a work is distinct from a property right in a copy of the work, where the only existing copy of the work is transferred, the copyright is transferred along with the copy, unless expressly withheld by the author. Section 202 of the 1976 Act retains the ...