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New Law Allows Filmmakers, Literary Publishers, Photographers, Recording Companies to Pre-Register Unfinished Works Set for Distribution

By, Tonya M. Evans-Walls, Esquire
© 2005. Tonya M. Evans-Walls. All rights reserved.
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As part of the Artists' Rights and Theft Prevention Act of 2005 (Title I of the Family Entertainment and Copyright Act), signed into law this year by President Bush to combat rampant piracy of unreleased projects in the entertainement industry, on Oct. 27th the Copyright Office published an interim regulation governing the preregistration of unpublished works that are being prepared for commercial distribution in classes of works that have had a history of pre-release infringement.

The interim regulation, effective as of November 15, 2005, covers motion pictures, sound recordings, musical compositions, literary works in book form, computer programs, and ad/marketing photos and the work does not have to exist in physical format.

In order to qualify for preregistration protection, the work (1) must be unpublished; (2) must be one of the types of works listed above; and (3) must be in the process of being prepared for commercial distribution.

To preregister you must submit an application online at eCO (the electronic Copyright Office) and pay a $100 fee.


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