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.
Before 1978, in the United States, federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work. This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national registration. However, the U.S. still provides legal advantages for registering works of U.S. origin. For example, a registration, or a refusal of registration, is required before an infringement suit may be filed in a US court and registration is required for claiming statutory damages in most cases.
It is a common misconception to confuse copyright registration with the granting of copyright. Copyright in most countries today is automatic on "fixation" – it applies as soon as the work is fixed in some tangible medium. This standard is established internationally by the Berne Convention (1886), which most countries have signed onto since. Registration may be required by countries before joining Berne. For instance, the US required registration of copyrighted works before it signed onto the Berne Convention in 1989; at that point, registration was no longer required for works to be copyrighted in the US.
The observation that registration is not required in the United States, however, has been described as misleading. This is partly because registration remains a prerequisite to filing an infringement suit, and also because important remedies depend on prompt registration—such as attorneys fees and statutory damages. At least one commentator has questioned whether the conditioning of legal recourse on registration is inconsistent with the United States' obligations under the Berne Convention regarding "formalities".
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An orphan work is a copyright-protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them because additional details cannot be found. A work can become orphaned through rightsholders being unaware of their holding, or by their demise (e.g. deceased persons or defunct companies) and establishing inheritance has proved impracticable.
The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired.
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then.
Ziegler's pendulum is an appropriate model of a nonconservative dynamic system. By considering gravity effect, new equations of motion are extracted from Newton's motion laws. The instability of equilibriums is determined by linear stability analysis. Chao ...
Gas phase ammonia (NH3) measurements were made in July and August 2002 during the Atlant Aerosol Nucleation and Real-Time Characterization Experiment with two different chemical ionization mass spectrometry techniques. Correlations between the 1 min data f ...
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This paper presents a search and retrieval framework that enables the management of Intellectual Property in the World Wide Web. This twofold framework helps users to detect digital rights infringements of their copyrighted content. In order to detect poss ...