![]() Indeed, Section 202 of the 1976 Copyright Act is unequivocal on the subject: Ownership of a physical object and ownership of the underlying copyright are thus two separate and distinct things. ” The 1976 Act reaffirmed this principle. In the words of the 1909 act, “The copyright is distinct from the property in the material object, and the sale or conveyance, by gift or otherwise, of the material object shall not in itself constitute a transfer of the copyright. There have been two Federal Copyright Acts in the twentieth century, one enacted in 1909, the other promulgated in 1976, which went into effect on Jan. and are almost never knowingly engaged in abroad. This remains in the possession of the creator.Īny or all of the copyright owner's exclusive rights or any subdivision of those rights may be transferred to another party, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the copyright or such owner's duly authorized agent. ![]() The law holds that transfer of ownership of any material object that embodies a protected work does not of itself convey the copyright or any interest in the copyright. It follows then, that the mere ownership of a painting, photograph, or sculpture, does not give the possessor of the physical work its underlying copyright. Only the author can rightfully claim copyright. Section 106 of the 1976 Copyright Act gives the owner of copyright the exclusive right to do and to authorize others to: reproduce the work in copies to prepare derivative works to distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.Ĭopyright protection subsists from the time the work is created in fixed, tangible form and immediately becomes the property of the author who created the work. ![]() 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. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. Copyright is a form of protection provided by the laws of the United States to the creators of “original works of authorship,” including literary, dramatic, musical, and artistic works.
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