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Under the Digital Millennium Copyright Act, signed Oct 28, 1998, the same copyright protections apply to online computer software, music, movies, and written works. Infringement is the violation of any of the exclusive rights of the copyright owner; that is, the right to reproduce, distribute, modify, perform, and/or prepare derivative versions of the work. Willful acts of infringement are punishable by statutory damages and, in some cases, may incur criminal prosecution. Copyrights take effect the minute the work is created. Regarding copyright notices: These are no longer required under U.S. law, although it is often beneficial. Because prior law contained such a requirement; however, the use of notice is still relevant to the copyright status of older works. Copyright notices were required under the 1976 Copyright Act. But this requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. Using the notice informs the public that the work is protected by copyright, it identifies the copyright owner, and shows the year of first publication. In addition, if a work is infringed, and the proper copyright notice appears on the published copies, defendants in a copyright infringement suit have no defense based on innocent infringement (i.e., the infringing party claims that he or she did not realize the work was protected) in mitigation of actual or statutory damages of the copyright law. You can use the copyright notice on any original works without advance permission from, or registration with, the Copyright Office. For more information regarding copyright law, visit the U.S. Copyright Office website at: http://lcweb.loc.gov/copyright/ |
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