A Legal Guide To TECHNOLOGY TRANSACTIONS A COVID-19 Update…

FIRST SALE The owner of a lawful copy of a copyrighted work can sell, rent or otherwise dispose of that copy. Some exceptions to this rule are limitations on the rental and/or leasing of sound recordings and computer software. DURATION Generally, a copyright lasts for the author’s lifetime plus 70 years for those works which were created after January 1, 1978. Thus, a copyright lasts considerably longer than a patent (20 years from the filing date for a utility patent) but not as long as a trademark, which can theoretically last forever. In the case of a “work for hire” e.g., a work created for a company by an employee the term is 95 years from the date of publication. Over the years a number of amendments and extensions have been made to copyright terms. Accordingly for works created prior to 1978, an attorney familiar with the myriad of rules should be consulted. SUMMARY According to statute, the owner of a copyright has the exclusive right to do any of the following: • To reproduce the copyrighted work in copies or in phonorecords; • To prepare derivative works based upon the copyrighted work;

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