COPYRIGHT LAW 2008 Columbus School of Law The Catholic University of America Prof. Fischer Oct 28, 2008

WRAP UP: FORMALITIES 1 Publication Notice

WRAP UP: TEST FOR GENERAL PUBLICATION In MLK case p. 391 of CB 1. If tangible copies of the work are distributed to the general public in such a manner as allows the public to exercise dominion and control over the work. 2. If the work is exhibited or displayed in such a manner as to permit unrestricted copying to the general public.

Registration and Deposit Under 1909 Act Was registration optional?

Registration and Deposit Under 1909 Act Was registration optional? Up until last year of first term. It became mandatory for renewal of works first published before Was it a prerequisite for infringement suits?

Registration Under 1909 Act Was it a prerequisite for infringement suits? Yes, for infringement during both initial and renewal term Deposit was also a prerequisite for suit under the 1909 Act and pre-BCIA 1976 Act. Fines could also be imposed for failure to deposit copies with Library of Congress

DEPOSIT REQUIREMENTS NOTE THAT BERNE PRIMARILY AFECTED PUBLICATION NOT DEPOSIT/REGISTRATION REQUIREMENTS What is the mandatory deposit requirement for the Library of Congress? See section 407 What if it wasn’t complied with?

DEPOSIT REQUIREMENTS What if it wasn’t complied with? Unless deposit made within 3 months of demand from Register of Copyright, must pay a fine of no more than $250 per work, pay also the total retail price of copies or phonorecords demanded (or reasonable cost to Library of Congress of acquiring them) plus additional fines of $2,500 if there is willful or repeated failure to comply

DEPOSIT REQUIREMENTS What is the effect of section 408(b)? How does it differ from the deposit required under section 407?

REGISTRATION Who can register a work? What works can be registered? When can you register? Do you have to register under the 1976 Act?

REGISTRATION What is the registration fee? How do you register? See Form CO Do you have to register to sue for infringement? What incentives exist to register? See s. 410(c), 412

Corbis Corp. v. Amazon.com, 351 F.Supp.2d 1090 (W.D.Wash. 2004) Does a pending copyright registration confer federal subject matter jurisdiction over a copyright infringement claim?

Corbis Corp. v. Amazon.com, 351 F.Supp.2d 1090 (W.D.Wash. 2004) Does a pending copyright registration confer federal subject matter jurisdiction over a copyright infringement claim? No, on plain language of s. 411(a)