6 Scholarly Communication and Open Access Concepts government may still be protected by copyright. Also, it is impor­tant to note that § 105 only pertains to the content created by federal employees, not employees of state governments. Exclusive Rights of the Copyright Holder Section 106 of the Copyright Act establishes the exclusive rights which a copyright owner has regarding a work. Often referred to as a “bundle of rights,” the copyright owner is the only one who may do or authorize the following: 1. Reproduce or make copies of the copyrighted work 2. Prepare derivatives based upon the work 3. Publicly distribute copies of the work—­either by sale or other transfer of owner­ship, rental, lease, or lending 4. Perform the work publicly 5. Display the work publicly and 6. Perform the work publicly via a digital audio transmission (regarding sound recordings). (17 U.S.C. § 106) Copyright Duration Once it is determined that copyright protection applies—­the work is orig- inal and fixed—­understanding the amount of time that the protection lasts, or duration, is relatively ­ simple for works securing copyright protection after 1977. As discussed ­ earlier, for works created ­ after January 1, 1978, protection is automatic—­neither must the copyright symbol be placed on the work, nor copyright be registered in order for a work to be protected. However, ­the there are dif­fer­ent durations if federal statutory copyright protection was secured before January 1, 1978. In addition, several amendments enacted since January 1, 1978, affect duration, making the determination of copyright dura- tion both complex and challenging. Works Created ­After 1977 For works created ­after 1977, the duration for copyright protection is the of the author plus 70 years. As an example, a book published in 2019 ­life will be ­under copyright protection ­until 70 years ­after the author dies. In example, if the author passes away in 2025, the work ­will be protected ­this under copyright ­until 2095. At that point, the work ­will enter the public domain.
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