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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in other works or phonograms (e.g. pictures in a book) Under certain conditions, the directive can also apply to unpublished works (such as letters or manuscripts).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 ...
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and thus is not generally available to the public, or for citation in scholarly or legal contexts, is called an unpublished work. In some cases unpublished works are widely cited, or circulated via informal means. [14] An author who has not yet published a work may also be referred to as being unpublished.
Under certain conditions, the directive can also apply to unpublished works (such as letters or manuscripts). [13] Whether orphaned software and video games ("Abandonware") fall under the audiovisual works definition is a matter debated by scholars. [14]
In addition, use of an unpublished work is less likely to be considered fair.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.
Unpublished unregistered works were covered by state law. This "common law copyright" in most states granted unpublished works a perpetual copyright, valid until an eventual publication of the work. [46] [47] Since 1978, US federal law also covers unpublished works (and preempts state law, see 17 USC 301).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 ...
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 .
In the case of music publishing, the emphasis is not on printed or recorded works. It usually refers to the promotion of a musical composition , or its referral to a suitable recording artist . A music publisher who does produce (or contract to issue) sheet music is known as a music print publisher.