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COPYRIGHT INFORMATION
by: Inez Harrison
[This information is a compilation from various Circulars and Forms
from the U.S. Copyright Office.]
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?NOTE: A great deal of time has been spent gathering this ?
? information and should prove to be resourceful for any and ?
? all. If your specific needs are not included, there is ?
? information informing you where to get this information from.?
? ?
? If you have information, from the Copyright Office, not ?
? included, I would appreciate it for inclusion. ?
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? WHAT IS COPYRIGHT? ?
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Copyright is a form of protection provided by the laws of the United
States (title 17, U.S. Code) to the authors of "original works of
authorship" including literary, dramatic, musical, artistic, and certain
other intellectual work. This protection is available to both published
and unpublished works. Section 106 of the Copyright Act generally gives
the owner of copyright the exclusive right to do and to authorize others
to do the following:
- To reproduce the copyrighted work in copies or phonorecords;
- To prepare derivative works based upon the copyrighted work;
- To distribute copies or phonorecords of the copyrighted work to
the public by sale or other transfer of ownership, or by rental,
lease, or lending;
- To perform the copyrighted work publicly, in the case of
literary, musical, dramatic, and choreographic works, pantomimes,
and motion pictures and other audiovisual works; and
- To display the copyrighted work publicly, in the case of
literary, musical, dramatic, and choreographic works, pantomimes,
and pictorial, graphic, or sculptural works, including the
individual images of a motion picture or other audiovisual work.
It is illegal for anyone to violate any of the rights provided by the
Act to the owner of copyright. These rights, however, are not unlimited
in scope. Sections 107* through 119 of the Copyright Act establish
limitations on these rights. In some cases, these limitations are
specified exemptions from copyright liability. One major limitation is
the doctrine of "fair use", which is given a statutory basis in section
107 of the Act. In other instances, the limitation takes the form of a
"compulsory license" under which certain limited uses of copyrighted
works are permitted upon payment of specified royalties and compliance
with statutory conditions. For further information about the
limitations of any of these rights, consult the Copyright Act or write
to the Copyright Office.
- -Section 107 contains a list of various purposes for which the repro-
duction of a particular work may be considered "fair", such as
criticism, comment, news reporting, teaching, etc. Factors considered
include:
(1) the purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit
educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantially of the portion used in
relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or
value of the copyrighted work.]
Copyright is not like a patent, where you own the item outright.
Instead you have certain rights to protect your work from others
making a "PROFIT" on something that you produced. The limitations
on exclusive copyrights are rather liberal, as long as you are not
trying to make a profit. The means of transmission or reproduction do
not matter in regard to written works.
Although the courts have considered and ruled upon the fair use
doctrine over and over again, no real definition of the concept has
ever emerged. Indeed, since the doctrine is an equitable rule of
reason, no generally applicable definition is possible, and each case
raising the question must be decided on its own facts.
The Committee has amended the first of the criteria to be considered -
"the purpose and character of the use" - to state explicitly that this
factor includes a consideration of "whether such use is of a
commercial nature or is for non-profit educational purposes."
Guidelines:
(i) Poetry: (a) A complete poem if less than 250 words and if
printed on not more than two pages or,
(b) from a longer poem, an excerpt of not more
than 250 words.
(ii) Prose: (a) Either a complete article, story or essay of less than
2,500 words or,
(b) an excerpt from any prose work of not more than 1,000
words or 10% of the work, whichever is less, but in
any event a minimum of 500 words.
(Each of the numerical limits stated in "i" and "ii" above may
be expanded to permit the completion of an unfinished line of a
poem or of an unfinished prose paragraph.)
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? WHO CAN CLAIM COPYRIGHT? ?
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Copyright protection subsists from the time the work is created in fixed
form; that is, it is an incident of the process of authorship. The
copyright in the work of authorship "immediately" becomes the property of
the author who created it. Only the author or those deriving their
rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is
presumptively considered the author. Section 101 of the copyright
statute defines a "work made for hire" as:
(1) a work prepared by an employee within the scope of his or her
employment; or,
(2) a work specially ordered or commissioned for use as a
contribution to a collective work, as a part of a motion
picture or other audiovisual work, as a translation, as a
supplementary work, as a compilation, as an instructional
text, as a test, as answer material for a test, or as an
atlas, if the parties expressly agree in a written instrument
signed by them that the work shall be considered a work made
for hire...
The authors of a joint work are co-owners of the copyright in the work,
unless there is an agreement to the contrary.
Copyright in each separate contribution to a periodical or other
collective work is distinct from copyright in the collective work as a
whole and vests initially with the author of the contribution.
TWO GENERAL PRINCIPLES
- Mere ownership of a book, manuscript, painting, or any other copy
or phonorecord does not give the possessor the copyright. The law
provides that transfer of ownership of any material object that
embodies a protected work does not of itself convey any rights in
the copyright.
- Minors who claim copyright, but state laws may regulate the
business dealings involving copyright owned by minors. For
information on relevant state laws, consult an attorney.
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? WHAT WORKS ARE PROTECTED? ?
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Copyright protects "original works of authorship" that are fixed in a
tangible form of expression. The fixation need not be directly
perceptible, so long as it may be communicated with the aid of a
machine or device. Copyrightable works include the following
categories:
(1) literary works;
(2) musical work, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
These categories should be viewed quite broadly: for example, computer
programs and most "compilations" are registerable as "literary works";
maps and architectural plans are registerable as "pictorial, graphic,
and sculptural works."
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? WHAT IS NOT PROTECTED BY COPYRIGHT? ?
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Several categories of material are generally not eligible for
statutory copyright protection. These include among others:
- Works that have -not- been fixed in a tangible form of expression.
- Titles, names, short phrases and slogans; familiar symbols or
designs; mere variations of typographic ornamentation, lettering,
or coloring; mere listing of ingredients or contents.
- Ideas, procedures, methods, systems, processes, concepts,
principles, discoveries, or devices, as distinguished from a
description, explanation, or illustration.
- Works consisting -entirely- of information that is common
property and containing no original authorship.
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? HOW TO SECURE A COPYRIGHT ?
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COPYRIGHT SECURED AUTOMATICALLY UPON CREATION
The way in which copyright protection is secured under the present law is
frequently misunderstood. No publication or registration or other
action in the Copyright Office is required to secure copyright (see
NOTE). There are, however, certain definite advantages to registration.
Copyright is secured -automatically- when the work is created, and a work
is "created" when it is fixed in a copy or phonorecord for the first time.
"Copies" are material objects from which a work can be read or visual
perceived either directly or with the aid of a machine or device, such as
books, manuscripts, sheet music, film, videotape, or microfilm.
"Phonorecords" are material objects embodying fixations of sounds
(excluding, by statutory definition, motion picture soundtracks), such as
audio tapes and phonograph disks. Thus, for example, a song (the "work")
can be fixed in sheet music ("copies") or in phonograph disks
("phonorecords"), or both.
If a work is prepared over a period of time, the part of the work that is
fixed on a particular date constitutes the created work as of that date.
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? PUBLICATION ?
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Publication is no longer the key to obtaining statutory copyright as
it was under the Copyright Act of 1909. However, publication remains
important to copyright owners.
The Copyright Act defines publication as follows:
"Publication" is the distribution of copies or phonorecords of a work
to the public by sale or other transfer of ownership, or by rental,
lease, or lending. The offering to distribute copies or phonorecords
to a group of persons for purposes of further distribution, public
performance, or public display, constitutes publication. A public
performance or display of a work does not of itself constitute
publication.
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? [NOTE: Before 1978, statutory copyright was generally secured by the ?
? act of publication with notice of copyright, assuming compliance with ?
? all other relevant statutory conditions. Works in the public domain ?
? on January 1, 1978 (for example, works published without satisfying ?
? all conditions for securing statutory copyright under the Copyright ?
? Act of 1909) remain in the public domain under the current Act. ?
? ?
? Statutory copyright could also be secured before 1978 by the act of ?
? registration in the case of certain unpublished works and works ?
? eligible for an interim copyright. The current Act automatically ?
? extends to full term (section 304 sets the term) copyright of all ?
? works in which an interim copyright was subsisting or was capable of ?
? being secured on December 31, 1977. ?
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A further discussion of the definition of "publication" can be found in
the legislative history of the Act. The legislative reports define "to
the public" as distribution to persons under no explicit or implicit
restrictions with respect to disclosure of the contents...
- When a work is published, it may bear a notice of copyright to
identify the year of publication and the name of copyright owner
and to inform the public that the work is protected by copyright.
Works published before March 1, 1989, must bear the notice or
risk loss of copyright protection. (See discussion of "NOTICE OF
COPYRIGHT" below)
- Works that are published in the United States are subject to
mandatory deposit with the Library of Congress.
- Publication of a work can affect the limitations on the exclusive
rights of the copyright owner that are set forth in sections 107
through 119 of the law.
- The year of publication may determine the duration of copyright
protection for anonymous and and pseudonymous works (when the
author's identity is not revealed in the records of the Copyright
Office) and for works made for hire.
- Deposit requirements for registration of published works differ
from those for registration of unpublished works.
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? NOTICE OF COPYRIGHT ?
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For works first published on and after March 1, 1989, use of the
copyright notice is optional, through highly recommended. Before March
1, 1989, the use of the notice was mandatory on all published works, and
any work first published before that date must bear a notice or risk
loss of copyright protection.
Use of the notice is recommended because it informs the public that the
work is protected by copyright, identifies the copyright owner, and
shows the year of first publication. Furthermore, in the event that a
work is infringed, if the work carries a proper notice, the court will
not allow a defendant to claim "innocent infringement" -- that is, that
he or she did not realize that the work is protected. (A successful
innocent infringement claim may result in a reduction in damages that
the copyright owner would otherwise receive.)
The use of the copyright notice is the responsibility of the copyright
owner and does not require advance permission, or registration with,
the Copyright Office.
FORM OF NOTICE FOR VISUALLY PERCEPTIBLE COPIES
The notice for visually perceptible copies should contain all of the
following three elements:
1: The symbol <c> (the letter C in a circle), or the word "Copyright,"
or the abbreviation "Copr."; and
2: The year of first publication of the work. In the case of
compilations or derivative works incorporating previously
published material, the year date of the compilation or derivative
work is sufficient; and
3: The name of the owner of copyright in the work, or an
abbreviation by which the name can be recognized, or a generally
known alternative designation of the owner.
Examples: Copyright 1991 John Doe
Copr. 1991 J. Doe
(c) 1991 LooneyPoems
The "C in a circle" notice is used only on "visually perceptible copies".
Certain kinds of works--for example, musical, dramatic, and literary
works--may be fixed not in "copies" but by means of sound in an audio
recording. Since audio recordings such as audio tapes and phonograph
disks are "phonorecords" and not "copies", the "C in a circle" notice is
not used to indicate protection of the underlying musical, dramatic, or
literary work that is recorded.
POSITION OF NOTICE
The notice should be affixed to copies or phonorecords of the work in
such a manner and location as to "give reasonable notice of the claim of
copyright".
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? OMISSION OF NOTICE AND ERRORS IN NOTICE ?
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The information in this section applies only to works first published
on and after January 1, 1978, and before March 1, 1989.
The publication of copies or phonorecords with no notice or with
incorrect notice will not automatically invalidate the copyright or
affect ownership. However, certain errors in the notice or publication
without a notice, if not corrected, may eventually result in the loss of
copyright protection or in a change in the length of the term of copyright
protection. The extent of the remedies available to a copyright owner may
also be affected when someone innocently infringes a copyright by relying
on an authorized copy or phonorecord with no notice or
with an incorrect notice.
OMISSION OF NOTICE
"Omission of notice" is publishing without a notice. In addition, some
errors are considered the same as omission of notice. These are:
- A notice that does not contain the symbol <c> (the letter C in a
circle), or the word "Copyright" or the abbreviation "Copr." or, if
the work is a sound recording, the symbol <p> (the letter P in a
circle);
- A notice dated more than 1 year later than the date of first
publication;
- A notice with a name or date that could reasonably be considered
part of the notice;
- A notice that lacks the statement required for works consisting
preponderantly of U.S. Government material; and
- A notice located so that it does not give reasonable notice of the
claim of copyright.
The omission of notice does not affect the copyright protection and no
corrective steps are required if:
1: The notice is omitted from no more than a relatively small number
of copies or phonorecords distributed to the public; or
2: The omission violated an express written requirement that the
published copies or phonorecords bear the prescribed notice.
In all other cases of omission, to preserve copyright:
1: The work must have been registered before it was published in any
form or before the omission occurred or it must be registered
within 5 years after the date of publication without notice; and
2: The copyright owner must make a reasonable effort to add the notice
to all copies or phonorecords that are distributed to the public in
the United States after the omission is discovered.
If these corrective steps are not taken, the work will go into the
public domain in the United States after 5 years after publication.
At that time all U.S. copyright protection will be lost and cannot be
restored.
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? DURATION OF COPYRIGHT ?
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WORKS ALREADY UNDER STATUTORY PROTECTION BEFORE 1978
For works that had already secured statutory copyright protection before
January 1, 1978, the 1976 law retains the old system for computing the
duration of protection, but with some changes.
Duration Under The Previous Law
Under the law in effect before 1978, copyright was secured either on the
date a work was published, or on the date of registration if the work
was registered in unpublished form. In either case, the copyright
lasted for a first term of 28 years from the date it was secured. During
the last (28th) year of the first term, the copyright was eligible for
renewal. If renewed, the copyright was extended for a second term of 28
years. If not renewed, the copyright expired at the end of the first
28-year term. The term of copyright for works published with a
copyright date earlier than the actual date of publication is computed
from the date in the copyright notice.
Works Originally Created On And After January 1, 1978
For works that are created and fixed in a tangible medium of expression
for the first time on and after January 1, 1978, the Copyright Act of
1976 does away with all renewal requirements and establishes a single
copyright term and different methods for computing the duration of a
copyright. Works of this sort fall into two categories:
1: Works created on or after January 1, 1978: The U.S. copyright law,
for works created after its effective date, adopts the basic "life-
plus-fifty" system already in effect in most other countries. A
work that is created (fixed in tangible form for the first time)
after January 1, 1978, is automatically protected from the moment
of its creation, and is given a term lasting for the author's life,
plus an additional 50 years after the author's death. In the case
of "a joint work prepared by two or more authors who did not work
for hire", the term lasts for 50 years after the last surviving
author's death. For works made for hire, and for anonymous and
pseudonymous works (unless the author's identity is revealed in
Copyright Office records), the duration of copyright will be 75
years from the first publication or 100 years from the creation,
whichever is shorter.
2: Works in existence but not published or copyrighted on January 1,
1978: Works that had been created before the current law came into
effect but had neither been published nor registered for copyright
before January 1, 1978, automatically are given Federal copyright
protection. The duration of copyright in these works will
generally be computed in the same way as for new works: the life-
plus-50 or 75/100-year terms will apply to them as well. However,
all works in this category are guaranteed at least 25 years of
statutory protection. The law specifies that in no case will
copyright in a work of this sort expire before December 31, 2002,
and if the work is published before that date the term will extend
another 25 years, through the end of 2027.
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This is a short listing of publications available from the Copyright
Office.
Application Forms
For Original Registration:
Form TX: for published and unpublished non-dramatic
literary works (books, pamphlets, computer
programs, manuscripts, poems, etc.)
Form SE: for serials, works issued or intended to be
issued in successive parts bearing numerical or
chronological designations and intended to be
continued indefinitely (periodicals, news-
papers, magazines, newsletters, annuals,
journals, etc.)
Short Form/SE
and
Form SE/Group: Specialized SE forms for use when certain
requirements are met
Form PA: for published and unpublished works of the
performing arts (musical compositions, dramatic
works, pantomimes and choreographic works,
motion pictures and other audiovisual works)
Form VA: for published and unpublished works of the
visual arts (pictorial, graphic, and sculptural
works, including architectural works)
Form SR: for published and unpublished sound recordings.
For Renewal Registration
Form RE: for claims to renewal copyright in works
copyrighted under the law in effect through
December 31, 1977 (1909 Copyright Act)
For Corrections and Amplifications
Form CA: for supplementary registration to correct or
amplify information given in the Copyright
Office record of an earlier registration
CIRCULARS
Circular 1 - Copyright Basics [for overall information]
Circular 2 - Publications on Copyright
Circular 3 - Copyright Notice
Circular 15 - Renewal of Copyright
Circular 15a - Duration of Copyright
Circular 21 - Reproduction of Copyrighted Works by
Educators and Librarians
Circular 22 - How to Investigate the Copyright Status
of a Work
Circular 50 - Copyright Registration for Musical Compositions
Circular 56 - Copyright for Sound Recordings
Circular 56a - Copyright Registration of Musical Compositions
and Sound Recordings
Circular 61 - Copyright Registration for Computer Programs
Circular 62 - Copyright Registration for Serials on Form SE
Circular 92 - Copyright Law of the United States of
America
Circular R96 - Section 201.20 - Methods of Affixation
& Positions of the Copyright Notice on
Various Types of Works
Circular R99 - Highlights of the Current Copyright Law
[Use only the officially printed application form; using photocopies or
other reproductions of the application form may delay your registration]
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? COPYRIGHT INFORMATION KITS ?
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Each Copyright Office information kid contains materials on the
particular kit's title, including -as appropriate-: circulars,
announcements, and application forms. When ordering, "indicate kit
number".
Books....................................109
Cartons..................................111
Computer Programs........................113
Contributions/Collective Works...........104
Copyright Searches.......................116
Drama....................................119
Fair Use.................................102
Games....................................108
General Visual Arts......................115
International Copyright..................100
Mask Works...............................120
Mini Copyright Information Kit...........118
Motion Pictures..........................110
Multi Media Kits.........................112
Music....................................105
Photographs..............................107
Poetry...................................106
Pseudonyms...............................101
Recipes..................................122
Renewals.................................117
Serials..................................114
Sound Recordings.........................121
Useful Articles..........................103
*The above circulars/forms are supplied by the Copyright Office free
of charge.*
Request circulars and forms by writing:
Copyright Office
Publications Section, LM 455
Library of Congress
Washington, D.C. 20559
Public Information Office telephone number: (202) 707-3000
-Use this number whenever you want general copyright information or have
questions relating to copyright registration. Recorded information is
available 24 hours a day, 7 days a week, and information specialists are
on duty from 8:30 a.m. to 5:00 p.m. ET, Monday-Friday except holidays.
The FORMS HOTLINE number is (202) 707-9100.
-Use the Hotline number (also available 24 hours a day) to request
application forms for registration or informational circulars if you know
which forms or circulars you want. [If you are unsure which form or circular
to order, call the Public Information Office number listed above.]
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COPYRIGHT FEES INCREASE
The Copyright Fees and Technical Amendments Act of 1990 (Public Law
101-318) increases fees for Copyright Office services effective
January 3, 1991. This act marks the first adjustment of the fee
schedule since January 1, 1978.
Copyright fees are adjusted at 5-year intervals, based on increases or
decreases in the Consumer Price Index. The next adjustment is due in
1995. Contact the Copyright Office in January 1995 for the new fee
schedule.
The fee for registration of an original, supplementary, or renewal
claim is nonrefundable, whether or not copyright registration is
ultimately made.
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