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Proving Infringement To prove copyright infringement, a copyright holder must establish a valid copyright and that original material was used illegally. To prove a valid copyright, the plaintiff can produce a copyright certificate or other proof that establishes the date the copyrighted material was created.
Copyrights are generally owned by the people who create the works of expression, with some important exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright.
Copyrights can be transferred. The law may make you or your employer the copyright owner, but the law also allows the owner to transfer the copyright. With a written and signed instrument, your employer can give you the copyright.
Obtaining copyright permission is the process of getting consent from a copyright owner to use the owner's creative material. Obtaining permission is often called licensing. When you have permission, you have a license to use the work.
Copyright ownership is separate from owning the physical object/work. Just because you physically own an item does not mean that you will own the copyright in the item. An author or creator may sell you their work, but they will retain ownership of copyright.
Under section 204 of the Copyright Act, ownership of any exclusive rights to a copyright can be transferred only by a writing expressly describing the transfer and signed by the copyright owner or authorized agent.
The Meaning of Copyright Ownership. Owners hold specific rights but not all rights. The law grants to owners a set of specified rights: reproduction of works. Distribution of copies. Making of derivative works. And the public performance and display of works.
COPYRIGHT HOLDER/COPYRIGHT OWNER A “copyright owner” or “copyright holder” is a person or a company who owns any one of the Exclusive Rights of copyright in a work. Copyright ownership is separate from the ownership of the work itself.
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