Search

A Master Revision: We Describe the 1976 Copyright Act


by gruntzooki

A Master Revision: We Describe the 1976 Copyright Act

A Master Revision: We Describe the 1976 Copyright Act


Free Online Articles Directory




Why Submit Articles?
Top Authors
Top Articles
FAQ
ABAnswers

Publish Article

0 && $ .browser.msie ) {
var ie_version = parseInt($ .browser.version);
if(ie_version Login


Login via


Register
Hello
My Home
Sign Out

Email

Password


Remember me?
Lost Password?

Home Page > Law > A Master Revision: We Describe the 1976 Copyright Act

A Master Revision: We Describe the 1976 Copyright Act

Edit Article |

Posted: Oct 14, 2009 |Comments: 0
|



]]>
]]>

In 1976, the Copyright Act was not only revised, it was overhauled. The 1976 revision of the Copyright Act now forms the foundation for copyright protection under United States law. It solidified the common law doctrine of fair use and greatly enhanced the protections granted original works.

In section 102 of the Act, copyright protection is available for “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” The key change from the prior law is that works no longer have to be published to enjoy copyright protection, and one need not affix the copyright mark (the “circle C”) to one’s work to trigger federal protection. Previous controlling law condemned original works to the public domain if the notice of copyright was not properly included. State copyright protections were made all but superfluous by the federal revisions passed by Congress in 1976.

The 1976 revision granted five (5) exclusive rights to copyright holders: the right to reproduce (copy), the right to create derivative works from the original, the right to commercialize the work, the right to perform the work publicly (if relevant), and the right to display the work publicly (if relevant). In 1995 the right to perform a sound recording by means of digital audio was added.

The doctrine of fair use was finally codified in the 1976 revision of the Copyright Act. Common law, which was well settled on fair use, was finally made black letter law. Section 106 denotes that the doctrine explicitly applies to any use of copyrighted work for news reporting, criticism, research, scholarship or teaching. Despite this definitive list, the fair use defense is not exclusively limited to just these activities. The Act provides a four prong factor test to determine whether fair use has occurred:

1) the purpose and character of the use (for instance, whether it is commercial or educational);
2) the nature of the copyrighted work (how creative is the work);
3) the amount and substantiality of the portion of the original work used; and,
4) the effect of the use upon the original work in the market (or potential market). Like copyright protection generally in 1976, the fair use defense was later extended to unpublished works as well.

The previous term of protection for copyrighted works was greatly expanded by the 1976 revision. Before, copyright protection existed for a term of 28 years, with an optional extension of an additional 28 years. Thus, your total protection for copyrighted works was capped at 56 years. As of the 1976 revisions, protections were granted to the originator of the work for his life plus fifty years. A flat 75 year term was enacted for anonymous or pseudonymous works, and works made for hire. More copyright protections were added by the Sonny Bono Copyright Term Extension Act in 1998. Protection now extends to 70 years after the originator’s death, and 95 years for works made for hire.

Copyright transfers were greatly clarified by the 1976 revision of the Copyright Act. The courts had muddied the presumption that the transfer of a copy of a work carried with it the presumption that the creative rights were transferred as well. That is now definitively not the case. Section 204 of the 1976 revision fully details the procedure for transferring ownership of a copyrighted work. A copyright holder must sign a written statement of conveyance expressly transferring his or her ownership of the copyright to the recipient. Otherwise, there has been no transfer of the original work to the recipient.

Under the Act, one does not have to register your work with the Copyright Office in order to enjoy copyright protection; however, an action for infringement cannot be pursued until one registers with the Copyright Office, a process that can take up to six months. To register one’s work, the Act requires one copy and the requisite fees be deposited with the Office. Two copies are required if the work is published.

The 1976 revision of the Copyright Act greatly simplified the law and expanded protections for original works. It is always good to find an attorney familiar with copyright law and the Act’s revisions if you are interested in protecting your original work.

Retrieved from “http://www.articlesbase.com/law-articles/a-master-revision-we-describe-the-1976-copyright-act-1338424.html

(ArticlesBase SC #1338424)

Liked this article? Click here to publish it on your website or blog, it’s free and easy!

Nathan Moore
About the Author:

Nathan Moore is a copyright attorney based in Nashville, Tennessee. He has assisted numerous individuals and businesses in obtaining federal copyright protection. You can learn more about his copyright practice by going to his website. He is also a Nashville defense lawyer with an avid litigation practice.

]]>

Questions and Answers

Ask our experts your Law related questions here…

Ask

200 Characters left

Example of moral rights in copyright act?
Example of mos in copyright act?
What are it criminal sanctions of prohibited act of copyright?

Rate this Article

1
2
3
4
5

vote(s)
0 vote(s)

Feedback
RSS
Print
Email
Re-Publish

Source:  http://www.articlesbase.com/law-articles/a-master-revision-we-describe-the-1976-copyright-act-1338424.html

Article Tags:
copyright, copyright act, copyright registration, copyright lawyer

Related Videos

Related Articles

Latest Law Articles
More from Nathan Moore


Fair Use and Copyrights Explained

We look at some rules allowing you to use some video, images and music under the rules of fair use and copyright law. (05:08)


Debt Collection Laws

Even if you owe, they can’t harass you for the dough … if you know your rights. (02:21)


Disability At Work

Just how far must the boss go to accommodate disabled workers? The law provides both questions and answers. (02:16)


How to Choose a Lawyer

If I confess to my lawyer will that get me into trouble? (01:58)


What Are Copyrights

Learn about copyrights – what they are, what purpose these are meant to serve, and what materials typically cary copyrights. (02:30)

How to create copyright for your artwork

An experienced copyright lawyer practicing in different fields enabling you to have a variety of specification that reigns in copyright industry.

By:
Law Marketingl

Law>
Copyrightl
Oct 20, 2010

Law Firms On Their Way With Patent, Trademark, Company Registration

If you are seeking for law firms with trademark registration, patent registration, company registration, ipr law services, legal outsourcing solutions, export import data bank, business registration, vat registration, copyright registration, here you find number of law firms that offers these services at affordable rates.

By:
Chaman Goyall

Law>
Trademarksl
Apr 12, 2010

Business Registration, Company Incorporation And Formation In India, Asia And Europe, Uk, Usa

In now days there are many companies that works for company law services and solutions like indiacompanyregistration that deals in corporate & commercial law, tax risk management, trademark registration, copyright registration, patent registration, IEC import code, STPI registration, company registration in India, online company registration India and lots more.

By:
Chaman Goyall

Law>
Trademarksl
Mar 10, 2010
lViews: 166

Violation of Copyright Law 1957

The Indian Copyright Law under the Indian Copyright of 1957 is the true manifestation of the Berne Convention of Copyrights, of which India is an active member. The law clearly states that the owner has the sole right on his copyright. The law not only protects works of art from ‘theft’ but also protects dramatic, artistic and musical works along with cinematography films and sound recording. Violation of copyright law 1957 is an offense and is punished likewise.

By:
Vijay Guptal

Law>
Copyrightl
Jun 20, 2009
lViews: 188

Importance of Patent Registration Process

Intellectual ownership is important because there are a lot out there who will make use of it and claim it if you do not do so. This is the reason why there are copyrights, patents and invention registration.

By:
padyoptonl

Law>
Patentsl
Jan 05, 2011

Los Angeles Patents,Trademarks and Copyrights Lawyer Referral 661-310-7999

The following information regarding Patents, Trademarks and Copyright is brought to you as a public service of 1000Attorneys.com- State Bar Approved Patents,Trademarks and Copyrights Lawyer Referral and Information Service. The material presented is general legal information intended to alert you to possible legal problems and solutions.

By:
State Bar Approved Lawyer Referralsl

Law>
Patentsl
Sep 23, 2009

Find Online Company Services With Trademark, Logo, Patent, Copyright Registration

There are many law firms in India that are offering wide verities of corporate law services at affordable prices. Like India trademark registration, trademark attorney India, trademark brand, trademark litigation, Trademark Lawyer, India Trademark Company, Copyright Services India, Copyright Filing in India, Company Registration and lots more.

By:
Sonu Yadavl

Business>
Customer Servicel
Apr 19, 2010

How To Get Trademark, Logo, Brand, Patent Registration In India

There are many law firms operating through the India providing wide varieties of company law services at affordable rates. These law firms in India generally comprises a large team of well qualified and experienced attorneys and lawyers that have great experience of handling different types of business issues.

By:
Sonu Yadavl

Business>
Customer Servicel
Apr 19, 2010
lViews: 170

How to Improve the Management of Your Loan Modification and Short Sale Clients

As a loan modification or short sale attorney, it may be difficult to juggle the needs of each client while making sure all processes and paperwork are completed accurately and efficiently. There are software options available that will help you easily and effectively manage your clients.

By:
Amanda Broughtonl
Lawl
Jan 27, 2011

Minimizing The Risk Of Injury In An Unexpected Car Accident

Accidents on the road can be serious, but you can minimize chances of injury or death with these basic precautions.

By:
James Drumanl
Lawl
Jan 27, 2011

Professional Divorce Lawyers NJs

Two folks get into matrimony for lifelong bliss and togetherness in which commitment and believe in plays a critical function for thriving marriage. Quite often that is marred by a variety of things and causes which drop the attraction of marriage as well as people today associated with matrimony would desire a authorized separation to element techniques.

By:
Ryan Kopeckyl
Lawl
Jan 27, 2011

Top New Jersey Divorce Attorneys

Marriage is said to be built in heaven but the journey for the long term must be continued on earth. Marriage can be a attractive partnership shared in between two men and women who are in like and with commitment and believe in.

By:
Ryan Kopeckyl
Lawl
Jan 27, 2011

Truck Driver Safety: 4 Tips To Avoid Accidents And Keep On Trucking

The responsibility a trucker holds in their hands is one that should never be taken lightly. Here are some great tips for staying in control of your rig out there on the road—and staying out of accidents.

By:
James Drumanl
Lawl
Jan 27, 2011

American Visa Applications and Consular Processing

A look at Consular Processing at United States Missions (Embassies, Consulates, Institutes, Visa Units, etc.) abroad.

By:
Ben Hartl
Lawl
Jan 27, 2011

Secrets of the Social Security Search Investment in Research

Secrets are always attractive to everyone. This is probably because of our innate nature of people who are so interested in the hidden.

By:
Andy Wongl
Lawl
Jan 27, 2011

Family Law – Marriage

This article gives a brief summary about the law surrounding marriage.

By:
CGles6891l
Lawl
Jan 27, 2011

Remove A Felony, Expunge Your Past

If you have a criminal past, no one needs to tell you the number of ways it can negatively affect you. Job openings, career advancement and educational opportunities are now limited. It is both unfair and a truism that one indiscretion in one’s youth can have such a debilitating long term effect on one’s life path.

By:
Nathan Moorel
Lawl
Mar 18, 2010
lViews: 395

A Master Revision: We Describe the 1976 Copyright Act

The revision of the Copyright Act in 1976 changed the way exclusive copyright existed and terminated. The 1976 act is now the primary basis of copyright law in the United States. Basic rights of copyright holders are codified, as well as the now oft employed “fair use” doctrine.

By:
Nathan Moorel
Lawl
Oct 14, 2009

Defending Yourself in Federal Court

If you are charged with a crime by the federal government, your defense must be air tight. There is, for a variety of reasons, no room for error. Since almost all federal convictions carry prison time, it is important to mount an aggressive and committed defense from the beginning.

By:
Nathan Moorel
Lawl
Oct 09, 2009
lViews: 123

What a Tennessee DUI Means to You

There are a variety of penalties for a DUI specific to Tennessee. Your past record, level of intoxication and circumstances of your arrest all carry with them various factors related to your potential punishment. This is a brief overview of what you can expect if you are found guilty of a DUI within the State of Tennessee.

By:
Nathan Moorel
Lawl
Oct 04, 2009
lViews: 240

Getting a Presidential Pardon: Apply and Succeed

Each presidency establishes its own set of standards and considerations when determining who receives a presidential pardon. The power to pardon is exclusive to the president. In Article II, Section 2 of the Constitution, the pardon power is limited only in that impeachment is not a pardon-eligible offense. There is no congressional input into the pardon process and no judicial review.

By:
Nathan Moorel
Lawl
Sep 19, 2009
lViews: 400

How Does a President Grant a Pardon?

The Department of Justice has established certain minimum standards for those wishing to apply for a presidential pardon. Recommendations, a five year waiting period, and the reason for one seeking the pardon are all vital aspects of the successful pardon application.

By:
Nathan Moorel
Lawl
Sep 13, 2009
lViews: 203

The Best Way to Obtain a Pardon in Tennessee

If you are unable to qualify for an expungement in Tennessee, the only way to then redress any issues with your criminal record is through applying for a pardon from the governor. A pardon is officially known as clemency.

By:
Nathan Moorel
Lawl
Sep 01, 2009
lViews: 192

Nashville DUI Attorney: Finding Your Way Out of DUI Trouble in Tennessee

If you are reading this, it is likely that you or someone you know has been pulled over by the police and arrested for a DUI. It is time to decide what to do next.

By:
Nathan Moorel
Lawl
Sep 01, 2009
lViews: 102

Add new Comment

Your Name: *

Your Email:

Comment Body: *

 

Verification code:*

* Required fields

Submit

Your Articles Here
It’s Free and easy

Sign Up Today

Author Navigation

My Home
Publish Article
View/Edit Articles
View/Edit Q&A
Edit your Account
Manage Authors
Statistics Page
Personal RSS Builder
My Home
Edit your Account
Update Profile
View/Edit Q&A
Publish Article
Author Box


Nathan Moore has 24 articles online

Contact Author

Subscribe to RSS

Print article

Send to friend

Re-Publish article

Articles Categories
All Categories

Advertising
Arts & Entertainment
Automotive
Beauty
Business
Careers
Computers
Education
Finance
Food and Beverage
Health
Hobbies
Home and Family
Home Improvement
Internet
Law
Marketing
News and Society
Relationships
Self Improvement
Shopping
Spirituality
Sports and Fitness
Technology
Travel
Writing

Law

Bankruptcy
Copyright
Criminal
Cyber Law
Health and Safety
Immigration
Intellectual Property
Internet Law
National, State, Local
Patents
Personal Injury
Regulatory Compliance
Trademarks

]]>

Need Help?
Contact Us
FAQ
Submit Articles
Editorial Guidelines
Blog

Site Links
Recent Articles
Top Authors
Top Articles
Find Articles
Site Map
Mobile Version

Webmasters
RSS Builder
RSS
Link to Us

Business Info
Advertising

Use of this web site constitutes acceptance of the Terms Of Use and Privacy Policy | User published content is licensed under a Creative Commons License.
Copyright © 2005-2011 Free Articles by ArticlesBase.com, All rights reserved.

Nathan Moore is a copyright attorney based in Nashville, Tennessee. He has assisted numerous individuals and businesses in obtaining federal copyright protection. You can learn more about his copyright practice by going to his website. He is also a Nashville defense lawyer with an avid litigation practice.

Article from articlesbase.com

This is mine, though if you are reading it chances are you are a classmate, not a copyright lawyer.
Video Rating: 0 / 5

Related Copyright Lawyer Articles