Zombie copyright refers to the restoration of copyright protection for works that have previously expired and entered the public domain. This restoration is permitted under specific conditions outlined in Section 104A of the U.S. Copyright Act. Essentially, a work that was once free to use can be brought back under copyright protection, preventing others from using it without permission.
Zombie copyright is primarily relevant in copyright law, particularly when discussing the rights of creators and the duration of copyright protection. It can affect various fields, including literature, music, and visual arts. Users may encounter zombie copyright issues when they attempt to use works that they believe are in the public domain, only to find that they are still protected due to restoration. Legal forms related to copyright registration or disputes can be found through resources like US Legal Forms.
Here are a couple of examples of abatement:
For instance, a novel published in the early 20th century may have entered the public domain after its copyright expired. If the author or their heirs successfully restore the copyright under Section 104A, the novel would no longer be free to use without permission. (hypothetical example)
The primary statute governing zombie copyright is Section 104A of the U.S. Copyright Act. This section outlines the conditions under which copyright can be restored to works that have previously entered the public domain.
| Term | Definition | Difference |
|---|---|---|
| Copyright | The legal right to control the use of a creative work. | Zombie copyright specifically refers to the restoration of expired copyrights. |
| Public Domain | Works that are free for anyone to use without permission. | Zombie copyright applies to works that were once public domain but have been restored. |
If you are considering using a work that you believe is in the public domain, first verify its copyright status. If it has been restored, you will need to seek permission from the copyright holder. For assistance, consider using US Legal Forms to find templates and resources that can help you navigate copyright issues. If your situation is complex, consulting a legal professional is advisable.
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Zombie copyright refers to the restoration of copyright protection for works that have previously expired and entered the public domain.