Music Copyright Law (Slaw And Moser) Chapter 9

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Registration and notice are both optional because of the ____'s amendment by the ________.

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1976 Copyright Act

Berne Convention Implementation Act of 1988

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Receipt Analysis and Control Division

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- Responsible for receiving material such as registration applications and transfer documents for recordation

-Records and deposit payments for copyright fees

- Establishes and maintains deposit accounts, routes applications for registration and handles incomplete registration.

-Maintains all office correspondence cases, assigns copyright registration numbers, and creates and mails certificates of registration.

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Registration Program

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-Consists of 3 divisions: The Literary, Performing Arts and the visual Arts division

-Examines registration and renewal applications and any accompanying materials such as deposit copies.

-The examination process makes sure that the applications have been filled out correctly and that material deposited is copyrightable subject matter.

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Information and Records Division

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-Responsible for educating the Copyright Office staff as well as the public

-Prepares and distributes informational materials and responds to reference requests.

-Prepares search reports upon request for an hourly fee (if you want to find out who is claiming ownership of a work for example)

-Prepares certifications and other legal documents and processes recordation of transfer documents.

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The Licensing Division

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-Responsible for carrying out compulsory license provisions of the Copyright Act as the compulsory license for making and distributing phonorecords "reproduction act" and for the distribution of digital audio recording devices or media.

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Copyright Acquisitions Division

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-Administers the mandatory deposit provisions and issues demands for published works that have not been deposited.

-Copyright Office Records: the catalog of copyright entries consists of copyright card catalog in the book fro July 1, 1981 to 1978 and in the microfiche from 1978 to 1982.

-Don't have to register a work to have copyright ownership: you have ownership of the work once it is created.

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Reason #1 why you should register

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-Creates a public record of your claim on copyright ownership.

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Reason #2 why you should register

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-provides what is legally known as the "prima facia" (at first sight) evidence of ownership (if you register within a 5 years of a works initial publication). Court will assume information in the claim is valid. After 5 years, not valid.

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Reason #3 why you should register

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-gives the copyright owner the ability to file suit. You must register a work before you can file a copyright infringement suit.

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Reason #4 why you should register

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-Early registration entitles the copyright owner to attorney's fees and statutory damages.

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Reason #5 why you should register

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-allows copyright owners to collect mechanical license royalties

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Reason #6 why you should register

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-allows copyright owners to block importation of illegal copies.

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Who can register a copyright?

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-Anyone who owns all or part of the exclusive rights to a copyrighted work.

1. Any of the work's authors
2. Any party that acquires ownership of any of the exclusive rights.

Only 1 registration required.

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What is included on a registration application?

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1. Title information
2. Author information
3. Creation and publication date
4. Copyright Claimant Information
5. Previous Registration
6. Derivative work or copmlication
7. Deposit Account
8. Certification.