Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

[...]if a nonprofit applies to register its copyrights before someone infringes them, the organization can seek more damages from the infringer if it decides to sue, including statutory damages (which are generally higher and easier to prove) and the court possibly ordering the infringer to pay the...

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Bibliographic Details
Published in:The Licensing journal 2024-05, Vol.44 (5), p.4-6
Main Authors: Zirkelbach, Linda J, Constantine, George E, Steinberg, Andrew L
Format: Magazinearticle
Language:English
Subjects:
Copyright
Fair use
Infringement
Internet
Licensing
Nonprofit organizations
Ownership
Popular music
Registration
Social networks
User generated content
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Summary:[...]if a nonprofit applies to register its copyrights before someone infringes them, the organization can seek more damages from the infringer if it decides to sue, including statutory damages (which are generally higher and easier to prove) and the court possibly ordering the infringer to pay the nonprofits legal fees. Under federal copyright law, the individual who created the original and modestly creative material generally owns the copyright unless (1) the person created the material for their employer within the scope of their employment or (2) a properly written agreement exists that transfers copyright ownership. Documented ownership rights are critical in the event the organization seeks to combine with another organization or sell a program, establish its rights through a copyright registration, or stop another from using the material without authorization. Nonprofits that fail to respond appropriately to a valid DMCA Takedown Notice lose their safe harbor from copyright infringement liability for the infringing material they are hosting and can face significant monetary damages, even if the infringement is unintentional.3 In short, it is dangerous to ignore a legitimate DMCA Takedown Notice, because it can cost your organization significant amounts of money in
ISSN:1040-4023