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Unpublished unregistered works were covered by state law. This "common law copyright" in most states granted unpublished works a perpetual copyright, valid until an eventual publication of the work. [46] [47] Since 1978, US federal law also covers unpublished works (and preempts state law, see 17 USC 301).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 ...
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.
The Microdecisions decision put it best: "The copyright act gives the holder the exclusive rights to reproduce and distribute a work and to authorize others to do so." "As such, a copyright owner may refuse to provide copies of the work or may charge whatever fee he wants for copies of the work or a license to use the work." The "public records ...
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]
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 ...
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and thus is not generally available to the public, or for citation in scholarly or legal contexts, is called an unpublished work. In some cases unpublished works are widely cited, or circulated via informal means. [14] An author who has not yet published a work may also be referred to as being unpublished.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 "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of the public domain. In the report submitted by the House Committee on Patents, they designed the copyright law "not primarily for the benefit of the author, but primarily for the ...
Cape Verde Decree-Law No. 1/2009 of April 27, 2009 says "The use and exploitation, for financial gain, of works in the public domain shall be free as long as such use is subordinate to absolute respect for the moral rights, on the previous authorization of the member of Government responsible for culture and the payment of a fee to be set by ...