知识产权案例和分析外文翻译(编辑修改稿)内容摘要:

) and the copyright (under copyright law). Collector bought the painting. A sale of the painting does not implicitly include the copyright. Likewise, if painter had sold Collector the copyright, that transaction would not have automatically included the painting. Indeed, if collector bought the copyright with buying a copy of the work, she would have the exclusive right to make copies but not be able to exercise it since she owned no copy to work from. Termination of transfers and licenses granted by author 6 The termination provision has the effect of limiting many transfers to 35 years, rather than permitting plete conveyances. An author has the inalienable right to terminate any exclusive right to terminate any exclusive or nonexclusive grant of a transfer or license of any or all of the rights under a copyright. 17 .$203. Under $203, termination may be effected during the 5year period after 35 years from the date of the grant. There must be written notice to the grantee or successor within certain time limits, and a copy the notice must be recorded in the . Copyright Office. The right of termination does not apply to works made for hire. The right of termination may not be waived. The effect of termination is that all rights under the grant revert to the author (or her heirs or estate). There is one exception to the termination of rights under the grant: The grantees may continue to utilize derivative works prepared pursuant to the grant, but do not have the right to prepare new derivative works. Suppose that Author writes her children’s novel in 2020 and assigns the copyright to Megacorp on January 1, 2020. The book bees an enduring mercial success. Over the next decades Megacorp sells thousands of copies every year. Mefacorp also makes a successful movie, which is a longrunning success. Author (or her heir or her estate) may terminate the transfer of the copyright, effective anytime from January 1, 2037 (35 years from the grant, no。
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