Formalities Under the 1909 Act and Under the 1976 Act Before and After Berne

• Author: Robert A. Gorman
• Profession: University of Virginia School of Law
• Pages: 67

Work published

before 1978 1978-Feb. 1989 After Feb. 1989

Notice Federal copyright Affixation of no- Optional: incentivearose upon publica- tice perfected pro- unavailability of innotion with notice; if tection; five years cent infringer defense.

no notice, work fell to cure omissions,

into public domain, otherwise work

fell into public

domain.

Registration Optional until last Optional, but pre- Optional for non-U.S.

year of first term; requisite to initia- Berne works; remains

mandatory for re- tion of suit. In- prerequisite to suit for

newal; prerequisite centives: registra- U.S. and other foreign

to initiation of in- tion within three works. Same incenfringement suit months of publi- tives apply.

during both terms of cation is required

copyright, for obtaining

statutory damages and attorney's fees.

Deposit Prerequisite to suit; Same. No longer a prerequiin addition, fines site to suit for non-U.S.

may be imposed for Berne works; but fines

failure to deposit may...