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64-428: VARA was the first federal copyright legislation to grant protection to moral rights . Under VARA, works of art that meet certain requirements afford their authors additional rights in the works, regardless of any subsequent physical ownership of the work itself, or regardless of who holds the copyright to the work. For instance, a painter may insist on proper attribution of their painting, and in some instances may sue

128-487: A "pictorial, graphic, or sculptural feature" incorporated into a useful article is eligible for copyright protection, holding that such features are eligible for copyright protection "only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article and (2) would qualify as a protectable pictorial, graphic, or sculptural work—either on its own or fixed in some other tangible medium of expression—if it were imagined separately from

192-512: A component of site-specific work. VARA covered works can be moved as long as the move does not constitute "destruction, distortion, or mutilation." However, one artist has claimed "The moment that the sculpture is removed, it will be destroyed, because it cannot be what it is anywhere else." United States Copyright law The copyright law of the United States grants monopoly protection for "original works of authorship". With

256-410: A copyright has the exclusive right to do and authorize others to do the following: A violation of any of the exclusive rights of the copyright holder is a copyright infringement , unless fair use (or a similar affirmative defense) applies. The initial owner of the copyright to a work is the author, unless that work is a "work made for hire". If a work is not a work for hire, then the author will be

320-491: A copyright, can terminate the transfer under certain circumstances. This right to terminate the transfer is absolute and cannot be waived. For works published before 1978, copyrights may revert to the author after 56 years. For example, Paul McCartney reclaimed the U.S. publishing rights to early Beatles songs from Sony Music Publishing , beginning in October 2018. For works published since 1978, copyrights may revert to

384-494: A government employee acting within the course of his or her official duties. The Supreme Court has also ruled that annotated versions of statutes or court decisions at the federal, state, and local level, when such annotations are done by members of the government as part of their duties, are ineligible for copyright in Georgia v. Public.Resource.Org, Inc. (2020). There are six basic rights protected by copyright. The owner of

448-523: A law that centralized the copyright system in the Library of Congress. This law required all owners of copyrights of publicly distributed works to deposit in the Library two copies of every such work registered in the United States, whether it is a book, pamphlet, map, print, or piece of music. Supplying the information needs of the Congress, the Library of Congress has become the world's largest library and

512-489: A matter of longstanding public policy, the U.S. Copyright Office will not register a government edict that has been issued by any state, local, or territorial government, including legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials. Likewise, the Office will not register a government edict issued by any foreign government or any translation prepared by

576-453: A part of the Library of Congress , is a United States government body that registers copyright claims, records information about copyright ownership, provides information to the public, and assists Congress and other parts of the government on a wide range of copyright issues. It maintains online records of copyright registration and recorded documents within the copyright catalog , which

640-639: A requisite for an infringement action. The Copyright Office records the bibliographic descriptions and the copyright facts of all works registered. The archives maintained by the Copyright Office are an important record of America's cultural and historical heritage. Containing nearly 45 million individual cards, the Copyright Card Catalog situated in the James Madison Memorial Building is an index to all

704-403: A result, older sound recordings were not subject to the expiration rules that applied to contemporary visual works. Although these could have entered the public domain as a result of government authorship or formal grant by the owner, the practical effect was to render public domain audio virtually nonexistent. United States Copyright Office The United States Copyright Office ( USCO ),

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768-511: A separate department of the Library of Congress on February 19, 1897, and Thorvald Solberg was appointed the first Register of Copyrights on July 22, 1897. The 1909 Copyright Act was signed into law by President Theodore Roosevelt on March 4, 1909, which expanded protection to additional types of works. In the 1930s, the Copyright Office moved from its location in the Thomas Jefferson Building to new quarters in what

832-544: Is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a "useful article". "the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of,

896-570: Is now the John Adams Building and in the 1970s it moved again, to its present quarters in the James Madison Memorial Building. On October 19, 1976, President Gerald R. Ford signed into law the Copyright Act of 1976, which became effective on January 1, 1978. This law lengthened duration copyright protection and again expanded the types of works that covered under federal copyright protection, and with amendments made since then,

960-422: Is restricted for commercial uses. Federal, state, and local statutes and court decisions are in the public domain and are ineligible for copyright, a concept known as the government edicts doctrine. It is not difficult to see the motivations behind this: The citizens are the authors of the law, and therefore its owners, regardless of who actually drafts the provisions, because the law derives its authority from

1024-501: Is some "creative" or "original" act involved in developing the compilation, such as in the selection (deciding which facts to include or exclude) and arrangement (how facts are displayed and in what order). Copyright protection in compilations is limited to the selection and arrangement of facts , not to the facts themselves. The Supreme Court decision in Feist Publications, Inc., v. Rural Telephone Service Co. clarified

1088-416: Is sought. Deposits can be made through the Copyright Office's eCO System. This deposit requirement serves two purposes. First, if a copyright infringement lawsuit arises, the owner may prove that the material that is infringed is exactly the same material for which the owner has secured a registration. Second, this requirement helps the Library of Congress build its collection of works. Failure to comply with

1152-547: Is the current copyright law in effect. The mission of the Copyright Office is to promote creativity by administering and sustaining an effective national copyright system. While the purpose of the copyright system has always been to promote creativity in the society, the functions of the Copyright Office have grown to include the following: The Copyright Office examines all applications and deposits presented for registration of new and original and renewal of old copyright claims to determine their acceptability for registration under

1216-558: Is used by copyright title researchers who are attempting to clear a chain of title for copyrighted works. The Register of Copyrights heads the Copyright Office. Shira Perlmutter is the 14th and current Register, since October 26, 2020. The Copyright Office is located in the James Madison Memorial Building of the Library of Congress, at 101 Independence Avenue SE, in Washington, DC. While open to

1280-557: The de facto national library of the United States. This repository of more than 162 million books, photographs, maps, films, documents, sound recordings, computer programs, and other items has grown largely through the operations of the copyright system, which brings deposits of every copyrighted work into the Library. On August 29, 2023, the United States Court of Appeals for the District of Columbia Circuit ruled that

1344-594: The "Mickey Mouse Protection Act", because it prevented the copyright from expiring on the first commercial success of the Disney cartoon character Mickey Mouse ), which increased it even more, to 95 years after publication (120 years after creation for unpublished works), or the life of the author plus 70 years, whichever ends earlier. The Congress shall have Power [...] to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors

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1408-544: The "expression" of an idea, but copyright does not protect the "idea" itself. This distinction is called the idea–expression dichotomy . The distinction between "idea" and "expression" is fundamental to copyright law. From the Copyright Act of 1976 ( 17 U.S.C.   § 102 ): In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of

1472-419: The Congress in the development of national and international copyright policy; drafts legislation; and prepares technical studies on copyright-related matters. The Compendium of U.S. Copyright Office Practices manual documents the Copyright Office's practices in its administration of copyright law. A new fee schedule for Copyright Office services was made effective from March 20, 2020 onwards. Before that,

1536-605: The Copyright Office by Congress in 1988, the International Copyright Institute provides training for high-level officials from developing and newly industrialized countries and encourages development of effective intellectual property laws and enforcement overseas. The website has information about new copyright relevant legislation and a list of designated agents under the Digital Millennium Copyright Act (DMCA) and

1600-462: The Copyright Office could no longer demand copies of published works under section 407 of the Copyright Act of 1976, which previously allowed the Office to demand 2 copies of any work published in the United States. It deemed this section unconstitutional under the "takings clause" of the Constitution . This did not affect the Office's ability to collect deposit material through other sections of

1664-496: The Copyright office's fees were last updated in 2014. The revised fees increased only for certain registration and recording services, along with some associated services, while other services did not see a fee increase. In May 2014, the Office had reduced some renewal application and addendum fees in an effort to "encourage the filing of more renewal claims" and thereby help improve public records about copyright ownership. In 2020,

1728-586: The Founding Fathers was 14 years, plus the ability to renew it one time, for 14 more. 40 years later , the initial term was changed to 28 years. It was not until a full 180 years after its establishment that it was significantly extended beyond that, through the Copyright Act of 1976 to "Either 75 years or the life of the author plus 50 years" and the Sonny Bono Copyright Term Extension Act of 1998 (also called

1792-537: The U.S. District Court of Pennsylvania registered the first work, the Philadelphia Spelling Book by John Barry. In 1870, copyright functions were centralized in the Library of Congress under the direction of the then Librarian of Congress , Ainsworth Rand Spofford . Between 1870 and 1897, the Librarian of Congress also served as the head of the Copyright Office. The Copyright Office became

1856-495: The US Copyright Office's website. The Copyright Office reviews applications for obvious errors or lack of copyrightable subject matter and then issues a certificate of registration. The Copyright Office does not compare the author's new work against a collection of existing works or otherwise check for infringement. The United States Copyright Office requires a deposit copy of the work for which copyright registration

1920-514: The United States before 1929 are in the public domain ; works created but not published or copyrighted before January 1, 1978, may be protected until 2047. For works that received their copyright before 1978, a renewal had to be filed in the work's 28th year with the Copyright Office for its term of protection to be extended. The need for renewal was eliminated by the Copyright Renewal Act of 1992 , but works that had already entered

1984-662: The VARA. VARA exclusively grants authors of works that fall under the protection of the Act the following rights Additionally, authors of works of "recognized stature" may prohibit intentional or grossly negligent destruction of a work. Exceptions to VARA require a waiver from the author in writing. To date, "recognized stature" has managed to elude a precise definition. VARA allows authors to waive their rights, something generally not permitted in France and many European countries whose laws were

Visual Artists Rights Act - Misplaced Pages Continue

2048-437: The artist. The requirements for protection do not implicate aesthetic taste or value. VARA's application is limited to visual works that fall within a narrowly defined category. However, for works that do fall within the category of protected works, VARA imposes substantial restrictions on any modification or removal of those works. Purchasers of the works must obtain written waivers from the author if they wish to exercise any of

2112-478: The circumstances. Transfers of copyright always involve one or more of the exclusive rights of copyright. For instance, a license may provide a right to perform a work, but not to reproduce it or to prepare a derivative work (adaptation right). The terms of the license are governed by the applicable contract law; however, there is substantial academic debate about to what extent the Copyright Act preempts state contract law principles. An author, after transferring

2176-514: The consent of the public, expressed through the democratic process. Three key Supreme Court cases established this government edicts doctrine: Wheaton v. Peters (1834), Banks v. Manchester (1888), and Callaghan v. Myers (1888). The doctrine was codified into the United States Code at 17 U.S.C.   § 105 via the Copyright Act of 1976 . The Copyright Office upholds this doctrine within its own regulations: As

2240-504: The copyright law, namely through the deposit requirement associated with copyright registration or through voluntary submission of copies through the Office. The Copyright Office consults with interested copyright owners, industry and library representatives, bar associations, and other interested parties on issues related to the copyright law. The Copyright Office promotes improved copyright protection for U.S. creative works abroad through its International Copyright Institute. Created within

2304-430: The copyright registrations in the United States starting from 1870 up to 1977. Records after 1977 are maintained through an online database containing more than 16 million entries. As a service unit of the Library of Congress, the Copyright Office is part of the legislative branch of the government, and provides copyright policy advice to the Congress. At the request of the Congress, the Copyright Office advises and assists

2368-445: The deposit requirement, as modified by Copyright Office regulations, is punishable by fine, but does not result in forfeiture of copyright. The use of copyright notices is optional. The Berne Convention , amending US copyright law in 1989, makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit—using notices of this form may reduce

2432-569: The designs 'hav[e] … graphic … qualities … [and could be] applied … on a painter's canvas,' the test for copyrightability is met." Works created by the federal government are not copyrightable. This restriction on copyright applies to publications produced by the United States Government, and its agents or employees within the scope of their employment. However, government contractors are generally not considered employees, and their works may be subject to copyright. Additionally,

2496-420: The effectiveness of copyright law in achieving its stated purpose is a matter of debate. The United States copyright law protects "original works of authorship" fixed in a tangible medium, including literary, dramatic, musical, artistic, and other intellectual works. This protection is available to both published and unpublished works. Copyright law includes the following types of works: Copyright law protects

2560-610: The exclusive Right to their respective Writings and Discoveries. The goal of copyright law, as set forth in the Copyright Clause of the US Constitution , is "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." This includes incentivizing the creation of art, literature, architecture, music, and other works of authorship. As with many legal doctrines,

2624-504: The exclusive Right to their respective Writings and Discoveries." The United States Copyright Office handles copyright registration, recording of copyright transfers , and other administrative aspects of copyright law. United States copyright law traces its lineage back to the British Statute of Anne , which influenced the first U.S. federal copyright law, the Copyright Act of 1790 . The length of copyright established by

Visual Artists Rights Act - Misplaced Pages Continue

2688-505: The exclusive rights under VARA. This has particularly been an issue for those that commission public sculptures. Absent a waiver, artists could effectively veto decisions to remove their structures from their benefactor's land. In a 2006 decision involving public sculptures that were removed from the park for which they were created, the United States Court of Appeals for the First Circuit ruled that VARA does not protect location as

2752-485: The fair use exception. Copyright is automatically granted to the author of an original work (that otherwise meets the basic copyright requirements, discussed above). Registration is not necessary. However, registration amplifies a copyright holder's rights in a number of ways. Registration, or refusal of registration, is required before a lawsuit can be filed, and registration creates the possibility for enhanced "statutory" damages. A copyright can be registered online at

2816-581: The fees for a renewal application were increased while the addendum fee remains the same. The Copyright Office provides public information and reference services concerning copyrights and recorded documents. The public can keep up on the developments in the Copyright Office by subscribing to the U.S. Copyright Office NewsNet, a free electronic mailing list that issues periodic email alerts to subscribers regarding hearings, deadlines for comments, new and proposed regulations, new publications, and other copyright-related subjects of interest. In 1870, Congress passed

2880-447: The form in which it is described, explained, illustrated, or embodied in such work. For example, a paper describing a political theory is copyrightable. The paper is the expression of the author's ideas about the political theory. The theory itself is just an idea , and is not copyrightable. Another author is free to describe the same theory in their own words without infringing on the original author's copyright. Although fundamental,

2944-545: The general public, appointments must be made to visit the Public Information Office and Copyright Public Records Reading Room. The United States Constitution provides for establishing a system of extensive copyright laws in the United States. The first federal copyright law, the Copyright Act of 1790 , was enacted on May 31, 1790, and covered only books, maps, and charts. Claims were originally recorded by Clerks of U.S. district courts . On June 9, 1790,

3008-421: The government can purchase and hold the copyright to works created by third parties. The government may restrict access to works it has produced through other mechanisms. For instance, classified materials may not be protected by copyright, but are restricted by other applicable laws. Even in case of non-classified materials, there may be specific prohibitions against usage, such as the presidential seal , which

3072-625: The idea–expression dichotomy is often difficult to put into practice. Reasonable people can disagree about where the unprotectable "idea" ends and the protectable "expression" begins. As Judge Learned Hand put it, "Obviously, no principle can be stated as to when an imitator has gone beyond copying the 'idea,' and has borrowed its 'expression.' Decisions must therefore inevitably be ad hoc." Mere facts are not copyrightable. However, compilations of facts are treated differently, and may be copyrightable material. The Copyright Act, § 103 , allows copyright protection for "compilations", as long as there

3136-438: The initial copyright owner. The author generally is the person who conceives of the copyrightable expression and "fixes" it in a "tangible medium of expression." Special rules apply when multiple authors are involved: Three types of transfers exist for copyrighted works. The first two, assignment and exclusive licenses, require the transfer to be in writing. Nonexclusive licenses need not be in writing and they may be implied by

3200-478: The likelihood of a defense of "innocent infringement" being successful. Copyright protection generally lasts for 70 years after the death of the author. If the work was a "work for hire", then copyright persists for 120 years after creation or 95 years after publication, whichever is shorter. For works created before 1978, the copyright duration rules are complicated. However, works published before January 1, 1929 (other than sound recordings), have made their way into

3264-520: The original author after 35 years. 17 U.S.C.   § 203(a) states that the author must write a letter requesting a termination of the original copyright grant at least two years before the effective termination date. Title 17, United States Code, Section 108 places limitations on exclusive copyrights for the purposes of certain limited reproduction by a public library or an archive. Title 17, United States Code, Section 107 also places statutory limits on copyright which are commonly referred to as

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3328-448: The originators of the moral rights of artists concept. In most instances, the rights granted under VARA persist for the life of the author (or the last surviving author, for creators of joint works). VARA provides its protection only to paintings , drawings , prints , sculptures , still photographic images produced for exhibition only, and existing in single copies or in limited editions of 200 or fewer copies, signed and numbered by

3392-414: The owner of the physical painting for destroying the painting even if the owner of the painting lawfully owned it. Although federal law had not acknowledged moral rights before this act, some state legislatures and judicial decisions created limited moral-rights protection. The Berne Convention required the protection of these rights by signatory states, and it was in response that the U.S. Congress passed

3456-468: The provisions of the copyright law. The Office also records documents related to copyright ownership. However, the Copyright Act of 1976 made registration largely optional for copyright ownership. Under the 1976 Act, federal copyright requires only a fixation of an original work of authorship in a tangible medium of expression. Renewal is not compulsory, and a copyright owner can register at any time. The 1976 Act makes registration (or refusal of registration )

3520-642: The public domain by non-renewal did not regain copyright protection. Therefore, works published before 1964 that were not renewed are in the public domain. Before 1972, sound recordings were not subject to federal copyright, but copying was nonetheless regulated under various state torts and statutes, some of which had no duration limit. The Sound Recording Amendment of 1971 extended federal copyright to recordings fixed on or after February 15, 1972, and declared that recordings fixed before that date would remain subject to state or common law copyright. Subsequent amendments had extended this latter provision until 2067. As

3584-671: The public domain. United States copyright law was last generally revised by the Copyright Act of 1976 , codified in Title 17 of the United States Code . The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause . Under the Copyright Clause, Congress has the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors

3648-465: The public domain. All copyright terms run to the end of the calendar year in which they would otherwise expire. For works published or registered before 1978, the maximum copyright duration is 95 years from the date of publication, if copyright was renewed during the 28th year following publication. Copyright renewal has been automatic since the Copyright Renewal Act of 1992 . For works created before 1978, but not published or registered before 1978,

3712-841: The requirements for copyright in compilations. The Feist case denied copyright protection to a "white pages" phone book (a compilation of telephone numbers, listed alphabetically). In making this ruling, the Supreme Court rejected the " sweat of the brow " doctrine. That is, copyright protection requires creativity, and no amount of hard work ("sweat of the brow") can transform a non-creative list (like an alphabetical listing of phone numbers) into copyrightable subject matter. A mechanical, non-selective collection of facts (e.g., alphabetized phone numbers) cannot be protected by copyright. Copyright protects artistic expression. Copyright does not protect useful articles, or objects with some useful functionality. The Copyright Act states: A "useful article"

3776-608: The standard §302 copyright duration of 70 years from the author's death also applies. Prior to 1978, works had to be published or registered to receive copyright protection. Upon the effective date of the 1976 Copyright Act (which was January 1, 1978) this requirement was removed and these unpublished, unregistered works received protection. However, Congress intended to provide an incentive for these authors to publish their unpublished works. To provide that incentive, these works, if published before 2003, would not have their protection expire before 2048. All copyrightable works published in

3840-429: The stated purpose to promote art and culture , copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1929, are in

3904-481: The surface of the cheerleading uniforms were separated from the uniform and applied in another medium—for example, on a painter's canvas—they would qualify as "two-dimensional ... works of ... art". And imaginatively removing the surface decorations from the uniforms and applying them in another medium would not replicate the uniform itself. Indeed, respondents have applied the designs in this case to other media of expression—different types of clothing—without replicating

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3968-525: The uniform. The decorations are therefore separable from the uniforms and eligible for copyright protection. This produces a relatively low threshold for pictorial, graphic, or sculptural features on useful articles to be eligible for copyright protection, which one commentator clearly highlighted: the Star Athletica decision "really has ensured that all but the subtlest graphic designs will be able to gain copyright protection...once we determine that

4032-444: The useful article into which it is incorporated." Star Athletica began as a suit by Varsity Brands against Star Athletica for infringing the copyright of five cheerleader uniform designs. Applying its new test to the cheerleader uniform designs, the court said: First, one can identify the decorations as features having pictorial, graphic, or sculptural qualities. Second, if the arrangement of colors, shapes, stripes, and chevrons on

4096-528: The utilitarian aspects of the article." However, many industrial designers create works that are both artistic and functional. Under these circumstances, copyright law only protects the artistic expression of such a work, and only to the extent that the artistic expression can be separated from its utilitarian function. In 2017, the US Supreme Court granted certiorari in the case Star Athletica, L. L. C. v. Varsity Brands, Inc. to determine when

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