Preregistration is a procedure that may be available in some cases to protect against pre-publication infringement. It is optional. It is not a prerequisite to filing a copyright registration application. To qualify for preregistration, the work must be unpublished and in the process of being prepared for commercial distribution. Preregistration is available only for motion […]
What is preregistration and is it necessary? Read More »
Yes. By definition, nobody owns a copyright in works that are in the public domain. Therefore, creating a derivative work that is based on a work that is in the public domain does not infringe anyone’s copyright. The copyright in the derivative work extends only to the newly created elements, however. The original elements of
Can copyright be claimed in a derivative work that is based on a public domain work? Read More »
Yes, copyright may be claimed in new works of authorship that are created for the derivative work, but only if it is an authorized derivative work. The owner of the copyright in an original work has the exclusive right to make derivative works based on it. A person who makes an unauthorized derivative work in
Can copyright be claimed in derivative works? Read More »
Yes. Copyright protects the photograph, not the subject of the photograph. Thus, any number of people can photograph the Grand Canyon, for instance, even if they take the photograph from the same place, using the same angle and lighting. Copyright liability may be incurred, however, if someone takes a picture of the photograph or creates
Can two people take a picture of the same thing without incurring copyright liability? Read More »
