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ERIC Number: ED291401
Record Type: Non-Journal
Publication Date: 1987-Feb
Pages: 174
Abstractor: N/A
ISBN: N/A
ISSN: N/A
Cost-Benefit Analysis of U.S. Copyright Formalities. Final Report.
King Research, Inc., Rockville, MD.
This study of the feasibility of conducting a cost-benefit analysis in the complex environment of the formalities used in the United States as part of its administration of the copyright law focused on the formalities of copyright notice, deposit, registration, and recordation. The U.S. system is also compared with the less centralized copyright systems of three members of the Berne convention: England, France, and Sweden. Data were obtained through interviews conducted via telephone calls and letters with key individuals from the U.S. copyright community, the U.S. Copyright Office, and non-U.S. intellectual property sources; a survey of 233 copyright attorneys and senior executives in the U.S. motion picture and textile industries; and a cost-benefit analysis of activities associated with copyright formalities in the U.S. Copyright Office. Four principal advantages of copyright formalities were identified: (1) they provide the potential for avoiding copyright infringement; (2) they enhance initiating and expediting infringement proceedings; (3) they provide prima facie evidence of the validity of the copyright; and (4) they provide a mechanism for collecting statutory damages. Opinions of respondents also showed that they overwhelmingly felt the U.S. system to be superior to non-U.S. copyright systems in several important respects. Hypothetical possibilities of maintaining the U.S. system but operating it differently so that it would help satisfy the requirements for Berne admittance were also explored. Three appendixes provide copies of the survey questionnaire; a list of individuals interviewed in England, France, and Sweden; and examples of questions asked about European intellectual property systems. (CGD)
Publication Type: Reports - Evaluative; Tests/Questionnaires
Education Level: N/A
Audience: Policymakers
Language: English
Sponsor: Library of Congress, Washington, DC. Copyright Office.
Authoring Institution: King Research, Inc., Rockville, MD.
Identifiers - Location: France; Sweden; United Kingdom (England); United States
Grant or Contract Numbers: N/A