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Survey of Private Copyright Documentation Systems and Practices

Abstract

Survey of Private Copyright Documentation Systems and Practices page 9 helping to define and identify what requires protection. This implies that while authors are required to fulfill a formality before their works are effectively protected, they are also obliged to make an initial judgment of whether or not their creations are sufficiently commercially valuable to warrant protection.12 The substantive requirements for protection may be still verified by national courts, but these formalities, such as registration and legal deposit, are demanded before an author can proceed to exercise his/her rights. For instance, in Argentina, the registration of the work is still compulsory for the efficacy of economic rights regarding national works. Renewal Formalities This requirement demands that authors renew the registration after a number of years, forcing the reassessment of costs versus benefits of the registration procedure compared to the extension of copyright protection. The underlying rationale here is that after a period, works that were commercially viable cease to do so and continuing the copyright protection after that point impoverishes the public domain with little countervailing benefit to the author.13 For instance, in the U.S. between 1883 and 1964, the copyright term could be extended (doubled) filing for renewal. Specifying Formalities This formality refers to certain aspects of copyright usually pertinent to a specific category or use of the work, regarded by a "notice of reservation of rights". This notice describes, for example, the circumstances under which articles in periodicals may be reproduced without the authorization of the author or publisher, or inform that public performances of a musical composition or play retain copyright protection. Legislation in Austria (but similar provisions apply in Italy and many other countries) provides for the reproduction and distribution-without previous consent-of published articles on economic, political, religious or contemporary matters in other periodicals unless there is a notice of reservation of rights on the footnote of the work or in the heading of the publication. Declarative Formalities These kind of formalities provide for evidentiary functions that enable authors to establish prima facie proof of authorship/ownership of copyright. They might contribute, thus, to alleviate right clearance problems such as those of creations with no identifiable author ("orphan works") and to provide more legal certainty, specifically where the anteriority of authorship or the priority of a claim to the title must be resolved. The timely accomplishment of declarative formalities, particularly registration, enhances 12 Idem, 11.