MYTH: If you do not enforce your copyright, you will lose it.
The Jury Says: FALSE. Copyrights cannot be lost through inaction. Trademark rights, which are a whole different animal, can be lost after a certain period of time if they are not enforced. Copyrights, however, cannot be considered abandoned through simple inaction. There has to be an “overt act” that demonstrates an intent to abandon a copyright. [1] For instance, a statement by the creator that they are placing their work in the public domain would be considered abandonment. Otherwise, even if infringement is never policed, a copyright owner maintains their exclusive rights and can enforce them at any time subject only to the statute of limitations.
[1] Hampton v. Paramount Pictures Corporation, 279 F.2d 100, 103 (9th Cir. 1960).
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