validity. Also, if infringing activities occur after registration of the work, then statutory damages and attorneys’ fees may be available. Registration is fairly inexpensive and maybe easily performed by the individual without consulting an attorney. The owner of a copyrighted work has the exclusive right to do and to authorize any of the following: • Copying of the work; • Adaptation of the work (e.g., making a movie based on a copyrighted book); • Distribution of copies of the work to the public, by sale, rental or otherwise; • Public performance of the work; and • Public display of the work. There are many limitations to the exclusive rights listed above. Two of the most common are the “fair use” and “first sale” limitations. Also, in contrast to a trademark, a copyright only has a limited lifetime. FAIR USE Other people can use (copy, perform, display, etc.) a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research without infringing the copyright. Fair use is determined on a case-by-case basis. Whether a use is indeed a “fair use” depends largely on the effect of the use upon the potential market for or value of the copyrighted work.
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