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(C)Copyright (usually written: ©)
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References in periodicals archive ?
The Nimmer treatise also viewed the Copyright Office regulations as
was invalidated, copyright should still be available.
merely decided that the Copyright Office had not erred in denying a
Supreme Court held that a work is not registered until the Copyright Office examines the work and issues a certificate of registration.
One of the most significant relates to the timing of a copyright infringement action.
It typically takes at least seven months for the Copyright Office to examine a copyright application and issue a registration certificate, meaning a plaintiff would usually have to wait at least seven months before being able to bring a lawsuit.
Consequently, many people have challenged why copyright lasts so long when a work's commercial life is rarely that long.
Copyrights are supposed to be limited in term, in no small part due to the Constitution's Copyright Clause.
In the longer term, there have been ongoing discussions, roundtables, and other behind-the-scenes activities for a broader copyright reform law that include conversations about the duration of copyrights, but such efforts can often take years before legislation is enacted.
Federal courts have split on this issue, mainly subscribing to one of two theories for the time after which a copyright owner may bring suit: either (1) the date when the applicant submits all application materials to the Copyright Office (the "Application" approach), or (2) the date when the Copyright examiner approves or rejects the materials for copyright protection (the "Registration" approach).
As such, the Supreme Court will likely decide between the two approaches and pronounce a universal rule for timing of copyright infringement actions.
As explicitly mentioned in the Copyright Act, a "registration is not a condition of copyright protection." 17 U.S.C.