Termination of Transfer Part 2: Clearing the Flaming Hoops

Termination of Transfer Part 2: Clearing the Flaming Hoops By Joshua Graubart

{3:30 minutes to read} Terminating a transfer of copyright is far more technically complicated than one might expect.

As discussed in my last post, the termination of transfer provisions in the current Copyright Act of 1976 are embodied in sections 203 and 304:

  • Section 203 addresses works that were created or transferred on or after January 1, 1978;
  • Section 304 addresses works that were assigned or licensed before January 1, 1978 (the day the 1976 Act went into effect).

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Public Performance, Communication & Display: What Is “Public”?

Public Performance, Communication & Display  What Is Public By Joshua Graubart{3:06 minutes to read} As discussed in earlier posts, among the exclusive rights accorded to copyright holders is the right to perform or display their works publicly, or to authorize others to do so.  Consequently, copyright law generally limits the exclusive rights of the copyright holder, and thus permits certain private uses of a protected work without the rightsholder’s permission, whereas public exploitation requires permission and/or payment.  It follows that the definition of “public” is of great importance and varies from jurisdiction to jurisdiction.  Read more

Copyright Registration – Fact and Myth

copyright with magnifier[Time to read: 4.8 mins ]

Generally speaking, works published in the US before January 1st, 1978, were only protected by copyright if they were registered at or before publication. Under the current Act, all works are subject to copyright protection from the moment of their creation, regardless of registration.  

Unfortunately, this change has made creators complacent about registration. Why register if the work is protected without registration? Read more