The Copyright Handbook

by Fishman, Stephen

• ISBN13: 9781413305333
• ISBN10: 1413305334
• Edition: 9th
• Format: Paperback
• Copyright: 2006-08-30
• Publisher: NOLO

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Copyright Notice on Unpublished Manuscripts	33	(5)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