Copyrights Law in U.S. Virgin Islands (US)
The U.S. Virgin Islands (USVI), as an unincorporated and organized territory of the United States, adheres to U.S. federal copyright law, which is codified in Title 17 of the United States Code. This federal statute applies uniformly across all U.S. territories, including the USVI.(Wikimedia Commons)
๐ Scope of Protection
Under U.S. federal law, copyright protection extends to original works of authorship fixed in a tangible medium of expression. These works encompass:(Virgin Islands Law Blog, Wikipedia)
Literary works
Musical compositions
Dramatic works
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Motion pictures and other audiovisual works
Sound recordings
Architectural works
Protection does not extend to ideas, methods, or systems, although it does cover the expression of ideas.
โณ Duration of Protection
For works created on or after January 1, 1978:(Global Practice Guides)
Individual authors: Protection lasts for the lifetime of the author plus 70 years.
Joint works: Protection lasts for 70 years after the death of the last surviving author.
Works for hire, anonymous, or pseudonymous works: Protection lasts for 95 years from the date of first publication or 120 years from the date of creation, whichever expires first.(Global Practice Guides)
For works created before January 1, 1978, the duration depends on whether the copyright was renewed.(Global Practice Guides)
๐ Registration and Enforcement
While copyright protection is automatic upon the creation of a qualifying work, registration with the U.S. Copyright Office provides several benefits:
Establishes a public record of the copyright.
Is necessary to bring a lawsuit for infringement in U.S. federal court.
Allows for the possibility of statutory damages and attorney's fees in litigation.
The U.S. Copyright Office accepts online and paper applications for registration.
In the event of infringement, the U.S. District Court for the District of the Virgin Islands has jurisdiction to adjudicate copyright disputes, as stipulated in 48 U.S. Code ยง 1405q. This section affirms that U.S. federal copyright laws are applicable in the Virgin Islands and that the local district court has the same jurisdiction as U.S. district courts over such matters. (Legal Information Institute)
๐ International Treaties
The U.S. is a signatory to several international treaties that influence copyright law, including:
Berne Convention for the Protection of Literary and Artistic Works
World Intellectual Property Organization (WIPO) Copyright Treaty
World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
As a U.S. territory, the USVI benefits from the protections afforded by these treaties.
๐๏ธ Local Considerations
While the USVI adheres to federal copyright law, it also has provisions for local intellectual property matters, such as:
Trade names: Businesses operating under a name other than the owner's must register the trade name with the Division of Corporations and pay a fee.
Uniform Trade Secrets Act: The USVI has adopted this Act to protect confidential business information.
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