The Copyright Handbook

by Fishman, Stephen

• ISBN13: 9780873375481
• ISBN10: 0873375483
• Edition: CD
• Format: Paperback
• Copyright: 2000-03-01
• 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: o register a written work with the copyright officeo determine what works can be protectedo transfer copyright ownershipo define and avoid infringemento maintain electronic publishing rightsThe updated 5th edition discusses the Digital Millennium Copyright Act, new fees and registration forms, the 20-year extension of all copyright terms, Tasini v. New York Times and the resulting decision that affects all freelance writers, and more. All 23 forms come as tear-outs and on the CD-ROM.

Table of Contents

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)
What's New in the Fifth Edition	3
Copyright Basics
Why Have a Copyright Law?	2	(1)
What Is Copyright?	2	(1)
How Is a Copyright Created and Protected?	3	(1)
What Copyright Protects	3	(1)
Limitations on Copyright Protection	4	(1)
Copyright Ownership and Transfer of Ownership	4	(1)
How Long a Copyright Lasts	5	(1)
Copyright Infringement	5	(1)
Other Protections for Intellectual Property	5
Copyright Notice
Introduction	2	(1)
When Copyright Notice Is Required	2	(1)
Why Provide a Copyright Notice on Published Works?	3	(1)
When to Provide Notice	4	(1)
Form of Notice	5	(3)
Notice on Compilations and Adaptions	8	(2)
Book Dust Jackets	10	(1)
Multimedia Works	10	(1)
Where to Place Copyright Notice	10	(2)
Other Information Near Notice	12	(2)
Copyright Notice on Unpublished Manuscripts	14
Copyright Registration
What Is Copyright Registration?	2	(1)
Why Register?	2	(2)
What Can and Should Be Registered	4	(1)
Who Can Register?	5	(3)
Registration As a Single Unit	8	(3)
Registering Derivative Works and Compilations	11	(2)
Four-Step Registration Process	13	(1)
Selecting the Appropriate Registration Form	14	(3)
How to Complete Form TX	17	(11)
How to Complete Form PA	28	(3)
Registering Newspapers, Magazines and Other Periodicals: Form SE, Short SE, Form SE/Group, Form G/DN	31	(9)
Registering a Group of Contributions to Periodicals: Form GR/CP	40	(3)
Satisfying Copyright Office Deposit Requirements	43	(2)
Mailing Your Application to the Copyright Office	45	(2)
Expedited Registration	47	(1)
Dealing With the Copyright Office	47	(2)
Full Term Retention of Deposits and Other Ways to Preserve Deposits	49	(2)
Correcting Errors After Registration Is Completed	51
Correcting or Changing Copyright Notice or Registration
Dealing with Errors or Omissions in copyright notice
Works Published After March 1, 1989	2	(1)
Copies Published Between January 1, 1978, and February 28, 1989	2	(2)
Works Published Before 1978	4	(1)
Types of Errors or Omissions That Invalidate a Copyright Notice	5	(1)
Dealing with Errors or Changes Affecting Copyright Registration: Supplemental Registration
Why a Supplemental Registration Should Be Filed (When Appropriate)	6	(2)
When Supplemental Registration Is Not Appropriate	8	(1)
Supplemental Registration Procedure	8	(2)
Effect of Supplemental Registration	10
What Copyright Protects
What Copyright Protects: Tangible, Original Expression	2	(2)
What Copyright Does Not Protect: The Boundaries of the Public Domain	4	(7)
Distinguishing Between Protected Expression and Material in the Public Domain: Putting It All Together	11
Adaptions and Compilations
Derivative Works	2	(5)
Compilations	7
Initial Copyright Ownership
Independent Authorship by an Individual	2	(1)
Works Made for Hire	3	(17)
Jointly Authored Works	20
Transferring Copyright Ownership
How Copyright Ownership Rights Are Transferred to Others	2	(3)
Rights Automatically Retained by Author After Transfer	5	(3)
Copyright Transfers Between Freelance Writers and Magazines and Other Periodicals	8	(2)
Copyright Transfers Between Writers and Book Publishers	10	(2)
Transfer Documents	12	(2)
Marriage, Divorce and Copyright Ownership	14	(2)
Recording Copyright Transfers With the Copyright Office	16
Copyright Duration
Works Created During or After 1978	2	(3)
End of Calendar Year Rule	5	(1)
Works Created but Not Published or Registered Before January 1, 1978	5	(2)
Works Published or Registered Before January 1, 1978	7	(3)
Special Rules for Works First Published Abroad Before 1978	10	(2)
Duration of Copyright in Adaptions (Derivative Works)	12	(1)
Renewal of Copyright in Pre-1978 Works	12	(1)
Termination of Transfers of Renewal Term Rights in Pre-1978 Works	13
Using Other Authors' Words
Introduction	2	(1)
Introduction to the Fair Use Privilege	3	(1)
When Is a Use a Fair Use?	3	(6)
Fair Use and the Photocopy Machine	9	(4)
Copying by Libraries and Archives	13	(3)
Other Fair Uses	16	(3)
Obtaining Permission to Use Protected Material	19
Copyright Infringement: What It Is, What to Do About It, How to Avoid It
What Is Copyright Infringement?	2	(1)
How to Know Whether You Have a Valid Infringement Claim	3	(7)
When Copying Protected Expression Is Excused	10	(1)
Self-Help Remedies for Copyright Infringement	10	(4)
Overview of Copyright Infringement Lawsuits	14	(5)
What You Can Get If You Win: Remedies for Copyright Infringement	19	(3)
What to Do If You're Accused of Infringement	22
International Copyright Protection
International Protection for U.S. Citizens and Nationals	2	(3)
Protection in the U.S. for Non-U.S. Citizens	5	(9)
Copyright Protection in Canada	14	(5)
Marketing Your Work in Foreign Countries	19
Copyright in the Online World, Electronic Publishing and Multimedia
What's Available Online	2	(1)
What Online Materials Qualify for Copyright	3	(1)
Rights Enjoyed by Copyright Owners Online	3	(4)
How Copyright Protects Different Types of Online Works	7	(4)
Copyright Infringement Online	11	(13)
Copyright Formalities---Notice and Registration	24	(2)
Electronic Publishing and Ownership of Electronic Rights	26	(5)
Multimedia Works	31	(4)
Electronic Databases	35
Help Beyond This Book
Intensive Background Resources	2	(1)
Primary Source Materials on Copyright	3	(3)
Finding a Copyright Lawyer	6
Appendix I Sample Forms
1. Single unpublished work (a novel); single author	A2
2. Single published work; single author; photos registered separately by photographer	A3
3. Single published work; five joint authors; publisher acquired all copyrights	A5
4. Single work made for hire; previously published under another title and revised; a derivative work	A7
5. 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	A8
6. 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	A9
7. Published compilation (anthology); publisher registers for the authors	A10
8. Single author; contribution to collective work	A11
9. Group of contributions to periodicals in a 12-month period; a single author	A12
10. Original screenplay by a single author	A14
11. Unpublished song lyric; single author	A15
12. Three monthly issues of a monthly magazine registered as a group on Form SE/Group	A16
13. Single magazine issue	A17
14. Single issue of a magazine published three times a year; single author; not a work made for hire	A18
Appendix II How to Use the Forms Disk
A. Installing the Form Files Onto Your Computer	A2
B. Using the Word Processing Files to Create Documents	A2
C. United States Copyright Office Forms	A5
Appendix III Blank Forms
Form TX
Short Form TX
Form PA
Short Form PA
Form SE
Short Form SE
Form SE/Group
Form G/DN
Form VA
Short Form VA
Request for Special Handling
Form----/CON (Continuation Sheet for Application Forms)
Form CA
Form GR/CP (Adjunct Application for Copyright Registration for a Group of Contributions to Periodicals)
Document Cover Sheet
Form GATT
Form GATT/GRP
Form GATT/CON
Work Made for Hire Agreement
Work for Hire Letter Agreement
Search Request Form
Collaboration Agreement
Copyright License
Copyright Permission Request
Copyright Assignment
Notice of Claimed Copyright Infringement
Counter-Notification in Response to Claim of Copyright Infringement
Form NLA
Form NLA Con
Index