stigations, the following points about the impact of
the Copyright Act of 1976, the Berne Convention Implementation Act of
1988, and the Copyright Renewal Act of 1992 should be considered:
A Changed System of Copyright Formalities
Some of the most sweeping changes under the 1976 Copyright Act involve
copyright formalities, that is, the procedural requirements for securing
and maintaining full copyright protection. The old system of formalities
involved copyright notice, deposit and registration, recordation of
transfers and licenses of copyright ownership, and United States
manufacture, among other things. In general, while retaining formalities,
the 1976 law reduced the chances of mistakes, softened the consequences
of errors and omissions, and allowed for the correction of errors.
The Berne Convention Implementation Act of 1988 reduced formalities, most
notably making the addition of the previously mandatory copyright notice
optional. It should be noted that the amended notice requirements are not
retroactive.
The Copyright Renewal Act of 1992, enacted June 26, 1992, automatically
extends the term of copyrights secured between January 1, 1964, and
December 31, 1977, making renewal registration optional. Consult Circular
15, "Renewal of Copyright," for details. For additional information, you
may contact the Renewals Section.
Tel: (202) 707-8180
Fax: (202) 707-3849
Automatic Copyright
Under the present copyright law, copyright exists in original works of
authorship created and 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 indirectly with the aid of
a machine or device. In other words, copyright is an incident of creative
authorship not dependent on statutory formalities. Thus, registration
with the Copyright Office generally is not required, but there are
certain advantages that arise from a timely registration. For further
information on the advantages of registration, write or call the
Copyright Office and request Circular 1, "Copyright Basics."
Copyright Notice
The 1909 Copyright Act and the 1976 Copyright Act as originally enacted
required a notice of copyright on published works. For most works, a
copyright notice consisted of the symbol (C in a circle), the word
"Copyright," or the abbreviation "Copr.," together with the name of the
owner of copyright and the year of
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