Copyright U.S. Code Title 17

Terms
1. on or after 1/1/78
  1. life + 70 yrs. after last surviving author
2. before 1/1/78
  1. life + 70 or 95/120
3. works for hire, anonymous, pseudonymous
  1. 95 yrs. from publication or 120 years from creation, whichever shorter
4. 56 - 95 yrs. max transfer term
Covered and Uncovered Types
1. covered - literary, dramatic, musical, artistic, architecture works
  1. books, magazines, art, software, sound recordings
2. not covered - ideas, facts, data, works by the government, logos, taglines (but may be subject to TM laws)
General Rules
1. can't copy or distribute intellectual property
2. permission needed to email published research, put a report online, reprint article in a newsletter, photocopy articles for meetings
What it Does
1. grants protection to creators of "original works of authorship"
  1. unpublished and published
  2. protection goes to employer in "work made for hire"
    1. works for hire include work created by employee for work, part of a movie, atlas, test, translation
2. protection is automatic
  1. starts when work is created in fixed form
  2. registration not required
3. owner has exclusive rights to reproduce, derivative works, distribute copies by sale, rental, lease, or lending, perform or display publicly
4. applies to any work in the U.S. and works first published in the U.S. by "treaty party"
  1. treaty party is a country or intergovernmental organization party to international agreement
Dates
1. 1790 Copyright Act
2. 1909 revision - publication no longer required
3. 1976 revision- extended renewal from 28 to 47 yrs.
4. 1998 Public Law 105 - 298 added 20 yrs. to renewal, or 67 yrs., 95 total
Copyright Transfer
1. copyright can be transferred as it is personal property
  1. transfer must be in writing and signed by owner or authorized agent
Exceptions
1. section 107 - fair use
  1. four factors
    1. purpose and character of use - educational vs. commercial
    2. nature of copyrighted work - fact vs. fiction
    3. amount and substantiality - smaller the better
    4. effect on market
2. compulsory license
3. public domain - the Bible, Creative Commons
4. section 108 - libraries and archives
  1. first sale enables libraries to lend books
  2. rule of five - materials less than five yrs. old, less than or equal to five articles
  3. use copyright notice on all materials
  4. DMCA 1998
    1. Title I
      1. prohibitions on circumvention of protection technologies
      2. title 1201 exemptions for nonprofit libraries and archives - numerous qualifiers
    2. Title II
      1. limitations on online service providers (OSP)
    3. Title IV
      1. digital preservation
      2. authorized may make less than or equal to three copies
      3. electronically loan
      4. preservation when existing format obsolete
5. section 110 - educational
  1. face to face instruction
  2. 2002 TEACH
    1. Technology, Education, and Copyright Harmonization Act
    2. distance education - section 109 digital technology and software

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Copyright U.S. Code Title 17

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