Page 348 - Law and the Media

The Law in the United States of America
Not published or registered
The duration of copyright will generally be the same as works created on or after 1 January
1978.

Published or registered
Copyright commences on the date of publication, or the date of registration if unpublished,
plus 28 years. Renewal is automatic during the twenty-eighth year for an extra period of 67
years, making the total period of protection 95 years.

21.3.6 Infringement

Copyright is infringed though copying. Infringement actions can only be brought in a federal
court, not a state court. Registration is necessary for works of United States origin before
proceedings for infringement may be filed.

21.3.7 Remedies

The principal remedy for infringement is an injunction, either in preliminary or permanent
form. Damages are also available which are designed to compensate the plaintiff’s loss and
prevent the defendant from making a profit. The court can order the impounding and
destruction of infringing material, as well as the equipment used to manufacture it.

The court also has the discretion to award the winning party the costs of the proceedings.
Unlike the English legal system, in the United States the costs of proceedings are not
presumed to be awarded to the winner.

21.3.8 Cyber-crime convention

The Council of Europe, a political organization founded in 1949 which develops agreements
to standardize the social and legal practices of member countries, has drawn up a convention
1
on cyber-crime that prohibits the reproduction and distribution of copyright protected
material. The convention was adopted on 8 November 2001 and will be legally effective
when at least five countries ratify it, a process expected to take up to two years. Although the
United States is not a member state, it has been invited to become involved with the
convention.

1
The convention can be found at http://conventions.coe.int/treaty/en/projects/cybercrime.htm.
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