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To many artists, the prospect of enforcing one's creative rights through the mechanism of copyright protection presents a number of challenges. While some of the enforcement issues plaguing copyright owners are a simple byproduct of progress — such as the need to police the web for online infringement or the proliferation of more-efficient technologies used in committing infringement — there are other obstacles that are inherent in our system of copyright law. Many of these built-in barriers to copyright enforcement have a disproportionate impact on the rights of individual artists and smaller, non-commercial arts organizations that often lack the financial means to seek a solution.
Like similar local organizations, Philadelphia Volunteer Lawyers for the Arts (PVLA) works to relieve some of the pressures facing independent copyright owners and nonprofit arts organizations by providing pro bono referrals to volunteer attorneys, allowing more effective protection for creative expression. Yet even with the benefit of free legal services, federal copyright litigation often carries a prohibitive price tag, with filing fees frequently amounting to hundreds of thousands of dollars or more.
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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