The Copyright Handbook

by Fishman, Stephen

• ISBN13: 9781413308938
• ISBN10: 1413308937
• Edition: 10th
• Format: Paperback
• Copyright: 2008-09-15
• Publisher: Nolo

Summary

In the Information Age, writers need to take steps to protect their hard work. Fortunately, The Copyright Handbook provides everything you need to get the job done! Find the information and forms you need to protect your writings under copyright law. Register your work, Maximize copyright protection, Transfer ownership of copyright, Avoid infringement, Deal with infringers, Understand the "fair use" rule, Get permission to use copyrighted work, Profit from your copyright. The 10th edition is updated to provide the latest copyright regulations, and covers the new system for filing a copyright online. Book jacket.

Author Biography

Stephen Fishman is the author of many Nolo books including Deduct It!, Every Landlord's Tax Deduction Guide and Home Business Tax Deductions plus many other legal and business books. He received his law degree from the University of Southern California in 1979. After time in government and private practice, he became a full-time legal writer in 1983.

Table of Contents

Your Legal Companion	p. 1
Copyright Basics	p. 5
Why Have a Copyright Law?	p. 6
What Is Copyright?	p. 6
How Is a Copyright Created and Protected?	p. 7
What Copyright Protects	p. 7
Limitations on Copyright Protection	p. 8
Copyright Ownership and Transfer of Ownership	p. 9
How Long a Copyright Lasts	p. 9
Copyright Infringement	p. 10
Other Protections for Intellectual Property	p. 10
Copyright Notice	p. 15
Introduction	p. 17
When Copyright Notice Is Required	p. 17
Why Provide a Copyright Notice on Published Works?	p. 19
When to Provide Notice	p. 20
Notices for Online Works	p. 21
Form of Notice	p. 21
Notice on Compilations and Adaptations	p. 25
Book Dust Jackets	p. 29
Multimedia Works	p. 29
Where to Place Copyright Notice	p. 29
Other Information Near the Notice	p. 32
Copyright Notice on Unpublished Manuscripts	p. 35
Copyright Registration	p. 37
What Is Copyright Registration?	p. 40
Why Register?	p. 40
What Can and Should Be Registered	p. 43
Who Can Register?	p. 45
Registration as a Single Unit	p. 48
Registering Derivative Works and Compilations	p. 54
Copyright Registration Online	p. 56
Four-Step Registration Process	p. 58
Selecting the Appropriate Registration Form	p. 58
How to Complete Form TX	p. 62
How to Complete Form PA	p. 77
Registering Newspapers, Magazines, Newsletters, and Other Periodicals: Form SE, Short Form SE, Form SE/Group, Form G/DN	p. 80
Registering a Group of Contributions to Periodicals: Form GR/CP	p. 92
Registering Online Works	p. 96
Registering Multimedia Works	p. 98
Registering Contents of Automated Databases	p. 101
Satisfying Copyright Office Deposit Requirements	p. 103
Sending Your Application to the Copyright Office	p. 109
Expedited Registration	p. 111
Preregistration of Unpublished Works	p. 112
Dealing With the Copyright Office	p. 116
Full-Term Retention of Deposits and Other Ways to Preserve Deposits	p. 119
Correcting Errors After Registration Is Completed	p. 122
Correcting or Changing Copyright Notice or Registration	p. 123
Dealing With Errors or Omissions in Copyright Notice	p. 125
Works Published After March 1, 1989	p. 125
Copies Published Between January 1, 1978, and February 28, 1989	p. 125
Works Published Before 1978	p. 127
Types of Errors or Omissions That Invalidate a Copyright Notice	p. 129
Dealing With Errors or Changes Affecting Copyright Registration: Supplemental Registration	p. 130
Why a Supplemental Registration Should Be Filed (When Appropriate)	p. 130
When Supplemental Registration Is Not Appropriate	p. 133
Supplemental Registration Procedure	p. 133
Effect of Supplemental Registration	p. 135
What Copyright Protects	p. 137
What Copyright Protects: Tangible, Original Expression	p. 139
What Copyright Does Not Protect: The Boundaries of the Public Domain	p. 143
Distinguishing Between Protected Expression and Material in the Public Domain: Putting It All Together	p. 153
Copyright in the Online World	p. 158
How Copyright Protects Different Types of Online Works	p. 166
Adaptations and Compilations	p. 173
Derivative Works	p. 174
Compilations	p. 180
Initial Copyright Ownership	p. 189
Independent Authorship by an Individual	p. 190
Works Made for Hire	p. 191
Jointly Authored Works	p. 216
Transferring Copyright Ownership	p. 231
How Copyright Ownership Rights Are Transferred to Others	p. 234
Rights Retained by Author After Transfer	p. 238
Copyright Transfers Between Freelance Writers and Magazines and Other Periodicals	p. 244
Copyright Transfers Between Writers and Book Publishers	p. 247
Electronic Publishing and Ownership of Electronic Rights	p. 249
Transfer Documents	p. 255
Marriage, Divorce, and Copyright Ownership	p. 258
Recording Copyright Transfers With the Copyright Office	p. 260
Copyright Duration	p. 269
Works Created During or After 1978	p. 270
End of Calendar Year Rule	p. 274
Works Created but Not Published or Registered Before January 1, 1978	p. 274
Works Published or Registered Before January 1, 1978	p. 277
Special Rules for Works First Published Abroad Before 1978	p. 282
Duration of Copyright in Adaptations (Derivative Works)	p. 285
Termination of Transfers of Renewal Term Rights in Pre-1978 Works	p. 286
Using Other Authors' Words	p. 289
Introduction	p. 290
Introduction to the Fair Use Privilege	p. 291
When Is a Use a Fair Use?	p. 292
Fair Use and the Photocopy Machine	p. 300
Copying by Libraries and Archives	p. 305
Other Fair Uses	p. 310
Copyright Infringement: What It Is, What to Do About It, How to Avoid It	p. 315
What Is Copyright Infringement?	p. 317
How to Know Whether You Have a Valid Infringement Claim	p. 319
When Copying Protected Expression Is Excused	p. 329
Self-Help Remedies for Copyright Infringement	p. 329
Overview of Copyright Infringement Lawsuits	p. 333
What You Can Get If You Win: Remedies for Copyright Infringement	p. 342
What to Do If You're Accused of Infringement	p. 346
Copyright Infringement Online	p. 351
International Copyright Protection	p. 373
International Protection for U.S. Citizens and Nationals	p. 374
Protection in the United States for Non-U.S. Citizens	p. 382
Copyright Protection in Canada	p. 391
Marketing Your Work in Foreign Countries	p. 397
Copyright and Taxation	p. 399
Writers' Income Tax Deductions	p. 400
Taxation of Copyright Income	p. 415
Obtaining Copyright Permissions	p. 419
Who Owns the Text?	p. 420
Start With Online Permission Services	p. 421
Locate the Publisher	p. 424
Contact the Author	p. 426
Special Situations	p. 428
When You Can't Find the Rights Holder	p. 433
Negotiating Text Permission and Fees	p. 436
Help Beyond This Book	p. 449
Intensive Background Resources	p. 450
Primary Source Materials on Copyright	p. 451
Finding a Copyright Lawyer	p. 455
Appendixes
Sample Forms	p. 457
Single unpublished work (a novel); single author	p. 458
Single published work; single author; photos registered separately by photographer	p. 460
Single published work; five joint authors; publisher acquired all copyrights	p. 464
Single work made for hire; previously published under another title and revised; a derivative work	p. 468
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	p. 470
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	p. 472
Published compilation (anthology); publisher registers for the authors	p. 474
Single author; contribution to collective work	p. 476
Group of contributions to periodicals in a 12-month period; a single author	p. 478
Original screenplay by a single author	p. 482
Unpublished song lyric; single author	p. 484
Three monthly issues of a monthly magazine registered as a group on Form SE/Group	p. 486
Single magazine issue	p. 487
Single issue of a magazine published three times a year; single author; not a work made for hire	p. 488
How to Use the CD-ROM	p. 491
Installing the Form Files Onto Your Computer	p. 492
Using the Word Processing Files to Create Documents	p. 493
Printing Out the Document	p. 494
Saving Your Document	p. 495
Using the United States Copyright Office Forms	p. 495
Forms From the CD-ROM	p. 496
Index	p. 499
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