9781413305333

The Copyright Handbook

by
  • ISBN13:

    9781413305333

  • ISBN10:

    1413305334

  • Edition: 9th
  • Format: Paperback
  • Copyright: 2006-08-30
  • Publisher: NOLO
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Summary

This must-have handbook for writers and artists provides every necessary form to protect written expression under U.S. and international copyright law. With step-by-step instructions, it illustrates how to: register a written work with the copyright office, determine what works can be protected, transfer copyright ownership, define and avoid infringement, maintain electronic publishing rights.

Author Biography

Stephen Fishman received his law degree from the University of Southern California in 1979. After stints in government and private practice, he became a full-time legal writer in 1983. He has helped write and edit over a dozen reference books for attorneys. Fishman's other books include The Copyright Handbook, The Public Domain, Consultant & Independent Contractor Agreements, and Working for Yourself, all published by Nolo. Stephen lives in San Francisco, CA.

Table of Contents

1 How to Use This Book
How This Book Is Organized
2(1)
Which Parts of This Book You Should Read
2(1)
What This Book Is Not About
3(1)
Icons Used Throughout the Book
4(2)
2 Copyright Basics
Why Have a Copyright Law?
6(1)
What Is Copyright?
6(1)
How Is a Copyright Created and Protected?
7(1)
What Copyright Protects
7(1)
Limitations on Copyright Protection
8(1)
Copyright Ownership and Transfer of Ownership
9(1)
How Long a Copyright Lasts
9(1)
Copyright Infringement
10(1)
Other Protections for Intellectual Property
10(7)
3 Copyright Notice
Introduction
17(1)
When Copyright Notice Is Required
17(2)
Why Provide a Copyright Notice on Published Works?
19(1)
When to Provide Notice
20(1)
Form of Notice
20(5)
Notice on Compilations and Adaptations
25(3)
Book Dust Jackets
28(1)
Multimedia Works
28(1)
Where to Place Copyright Notice
28(3)
Other Information Near Notice
31(2)
Copyright Notice on Unpublished Manuscripts
33(5)
4 Copyright Registration
What Is Copyright Registration?
38(1)
Why Register?
38(3)
What Can and Should Be Registered
41(2)
Who Can Register?
43(2)
Registration as a Single Unit
45(7)
Registering Derivative Works and Compilations
52(2)
Four-Step Registration Process
54(1)
Selecting the Appropriate Registration Form
54(5)
How to Complete Form TX
59(14)
How to Complete Form PA
73(3)
Registering Newspapers, Magazines, Newsletters, and Other Periodicals: Form SE, Short Form SE, Form SE/Group, Form G/DN
76(11)
Registering a Group of Contributions to Periodicals: Form GR/CP
87(4)
Satisfying Copyright Office Deposit Requirements
91(3)
Sending Your Application to the Copyright Office
94(1)
Expedited Registration
95(2)
Preregistration of Unpublished Works
97(3)
Dealing With the Copyright Office
100(3)
Full-Term Retention of Deposits and Other Ways to Preserve Deposits
103(3)
Correcting Errors After Registration Is Completed
106(3)
5 Correcting or Changing Copyright Notice or Registration
Part I: Dealing With Errors or Omissions in Copyright Notice
109(5)
Works Published After March 1, 1989
109(1)
Copies Published Between January 1, 1978 and February 28, 1989
109(3)
Works Published Before 1978
112(1)
Types of Errors or Omissions That Invalidate a Copyright Notice
113(1)
Part II: Dealing With Errors or Changes Affecting Copyright Registration: Supplemental Registration
114(8)
Why a Supplemental Registration Should Be Filed (When Appropriate)
114(3)
When Supplemental Registration Is Not Appropriate
117(1)
Supplemental Registration Procedure
117(2)
Effect of Supplemental Registration
119
6 What Copyright Protects
What Copyright Protects: Tangible, Original Expression
122(4)
What Copyright Does Not Protect: The Boundaries of the Public Domain
126(9)
Distinguishing Between Protected Expression and Material in the Public Domain: Putting It All Together
135(7)
7 Adaptations and Compilations
Derivative Works
142(6)
Compilations
148(10)
8 Initial Copyright Ownership
Independent Authorship by an Individual
158(1)
Works Made for Hire
159(24)
Jointly Authored Works
183(19)
9 Transferring Copyright Ownership
How Copyright Ownership Rights Are Transferred to Others
202(4)
Rights Retained by Author After Transfer
206(6)
Copyright Transfers Between Freelance Writers and Magazines and Other Periodicals
212(3)
Copyright Transfers Between Writers and Book Publishers
215(2)
Transfer Documents
217(3)
Marriage, Divorce, and Copyright Ownership
220(2)
Recording Copyright Transfers With the Copyright Office
222(8)
10 Copyright Duration
Works Created During or After 1978
230(4)
End of Calendar Year Rule
234(1)
Works Created but Not Published or Registered Before January 1, 1978
234(2)
Works Published or Registered Before January 1, 1978
236(4)
Special Rules for Works First Published Abroad Before 1978
240(2)
Duration of Copyright in Adaptations (Derivative Works)
242(1)
Termination of Transfers of Renewal Term Rights in Pre-1978 Works
243(5)
11 Using Other Authors' Words
Introduction
248(1)
Introduction to the Fair Use Privilege
249(1)
When Is a Use a Fair Use?
250(8)
Fair Use and the Photocopy Machine
258(4)
Copying by Libraries and Archives
262(5)
Other Fair Uses
267(7)
12 Copyright Infringement: What It Is, What to Do About It, How to Avoid It
What Is Copyright Infringement?
274(2)
How to Know Whether You Have a Valid Infringement Claim
276(9)
When Copying Protected Expression Is Excused
285(1)
Self-Help Remedies for Copyright Infringement
286(5)
Overview of Copyright Infringement Lawsuits
291(8)
What You Can Get If You Win: Remedies for Copyright Infringement
299(3)
What to Do If You're Accused of Infringement
302(8)
13 International Copyright Protection
International Protection for U.S. Citizens and Nationals
310(8)
Protection in the U.S. for Non-U.S. Citizens
318(9)
Copyright Protection in Canada
327(4)
Marketing Your Work in Foreign Countries
331(4)
14 Copyright in the Online World, Electronic Publishing, and Multimedia
What's Available Online
335(1)
What Online Materials Qualify for Copyright
336(1)
Rights Enjoyed by Copyright Owners Online
337(7)
How Copyright Protects Different Types of Online Works
344(6)
Copyright Infringement Online
350(20)
Copyright Formalities: Notice and Registration
370(3)
Electronic Publishing and Ownership of Electronic Rights
373(7)
Multimedia Works
380(6)
Electronic Databases
386(10)
15 Copyright and Taxation
Writers' Income Tax Deductions
396(14)
Taxation of Copyright Income
410(6)
16 Obtaining Copyright Permissions
Who Owns the Text?
416(1)
Start With Online Permission Services
417(2)
Locate the Publisher
419(2)
Contact the Author
421(2)
Special Situations
423(5)
When You Can't Find the Rights Holder
428(3)
Negotiating Text Permission and Fees
431(13)
17 Help Beyond This Book
Intensive Background Resources
444(1)
Primary Source Materials on Copyright
445(4)
Finding a Copyright Lawyer
449(5)
A Sample Forms
Single unpublished work (a novel); single author
454(2)
Single published work; single author; photos registered separately by photographer
456(4)
Single published work; five joint authors; publisher acquired all copyrights
460(4)
Single work made for hire; previously published under another title and revised; a derivative work
464(2)
Published book; derivative work based on previously published article; joint authors: one the author of the text, the other the photographer; text and photos registered together as a single unit of publication
466(2)
Single published work; publisher acquired all rights in text; text and work for hire cover art and copy registered together as a single unit of publication
468(2)
Published compilation (anthology); publisher registers for the authors
470(2)
Single author; contribution to collective work
472(2)
Group of contributions to periodicals in a 12-month period; a single author
474(4)
Original screenplay by a single author
478(2)
Unpublished song lyric; single author
480(2)
Three monthly issues of a monthly magazine registered as a group on Form SE/Group
482(1)
Single magazine issue
483(1)
Single issue of a magazine published three times a year; single author; not a work made for hire
484(4)
B How to Use the CD-ROM
Installing the Form Files Onto Your Computer
488(1)
Using the Word Processing Files to Create Documents
489(2)
Using United States Copyright Office Forms
491
Index

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