Minimizing Liability For Copyright Infringement

摘要

Because of the potential risk of civil and criminal liability, corporations should consider obtaining an enterprise-wide site license from each individual publisher of the publications that they most frequently use and developing and implementing a copyright policy that they will police. Moreover, companies also should consider supplementing such a license with a license from the Copyright Clearance Center (CCC).A license from CCC would not be a viable standalone option in lieu of obtaining a site license from each individual publisher. US Copyright law protects original works of authorship fixed in a tangible medium of expression. The term of copyright for a particular work depends on several factors, including whether it has been published and, if so, the date of first publication. As a general rule, for works created after January 1,1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors.