The Copyright Handbook: How To Protect & Use Written Works

by Fishman, Stephen

• ISBN13: 9781413300918
• ISBN10: 141330091X
• Edition: 8th
• Format: Paperback
• Copyright: 2005-01-14
• Publisher: Ingram Pub Services

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.

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
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	5	(1)
How Long a Copyright Lasts	5	(1)
Copyright Infringement	5	(1)
Other Protections for Intellectual Property	6
Copyright Notice
Introduction	2	(1)
When Copyright Notice Is Required	2	(2)
Why Provide a Copyright Notice on Published Works?	4	(1)
When to Provide Notice	5	(1)
Form of Notice	5	(4)
Notice on Compilations and Adaptations	9	(3)
Book Dust Jackets	12	(1)
Multimedia Works	12	(1)
Where to Place Copyright Notice	13	(2)
Other Information Near Notice	15	(2)
Copyright Notice on Unpublished Manuscripts	17
Copyright Registration
What Is Copyright Registration?	2	(1)
Why Register?	2	(3)
What Can and Should Be Registered	5	(1)
Who Can Register?	6	(3)
Registration as a Single Unit	9	(7)
Registering Derivative Works and Compilations	16	(2)
Four-Step Registration Process	18	(1)
Selecting the Appropriate Registration Form	19	(5)
How to Complete Form TX	24	(12)
How to Complete Form PA	36	(4)
Registering Newspapers, Magazines, and Other Periodicals: Form SE, Short Form SE, Form SE/Group, Form G/DN	40	(11)
Registering a Group of Contributions to Periodicals: Form GR/CP	51	(3)
Satisfying Copyright Office Deposit Requirements	54	(3)
Sending Your Application to the Copyright Office	57	(3)
Expedited Registration	60	(1)
Dealing With the Copyright Office	60	(3)
Full Term Retention of Deposits and Other Ways to Preserve Deposits	63	(3)
Correcting Errors After Registration Is Completed	66
Correcting or Changing Copyright Notice or Registration
Part I: 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	(2)
Part II: Dealing with Errors or Changes Affecting Copyright Registration: Supplemental Registration
Why a Supplemental Registration Should Be Filed (When Appropriate)	7	(2)
When Supplemental Registration Is Not Appropriate	9	(1)
Supplemental Registration Procedure	10	(2)
Effect of Supplemental Registration	12
What Copyright Protects
What Copyright Protects: Tangible, Original Expression	2	(4)
What Copyright Does Not Protect: The Boundaries of the Public Domain	6	(9)
Distinguishing Between Protected Expression and Material in the Public Domain: Putting It All Together	15
Adaptations and Compilations
Derivative Works	2	(6)
Compilations	8
Initial Copyright Ownership
Independent Authorship by an Individual	2	(1)
Works Made for Hire	3	(22)
Jointly Authored Works	25
Transferring Copyright Ownership
How Copyright Ownership Rights Are Transferred to Others	3	(3)
Rights Retained by Author After Transfer	6	(6)
Copyright Transfers Between Freelance Writers and Magazines and Other Periodicals	12	(3)
Copyright Transfers Between Writers and Book Publishers	15	(2)
Transfer Documents	17	(3)
Marriage, Divorce, and Copyright Ownership	20	(2)
Recording Copyright Transfers With the Copyright Office	22
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	6	(2)
Works Published or Registered Before January 1, 1978	8	(3)
Special Rules for Works First Published Abroad Before 1978	11	(3)
Duration of Copyright in Adaptations (Derivative Works)	14	(1)
Renewal of Copyright in Pre-1978 Works	14	(2)
Termination of Transfers of Renewal Term Rights in Pre-1978 Works	16
Using Other Authors' Words
Introduction	2	(1)
Introduction to the Fair Use Privilege	3	(1)
When Is a Use a Fair Use?	4	(7)
Fair Use and the Photocopy Machine	11	(4)
Copying by Libraries and Archives	15	(5)
Other Fair Uses	20
Copyright Infringement: What It Is, What to Do About It, How to Avoid It
What Is Copyright Infringement?	2	(2)
How to Know Whether You Have a Valid Infringement Claim	4	(9)
When Copying Protected Expression Is Excused	13	(1)
Self-Help Remedies for Copyright Infringement	14	(5)
Overview of Copyright Infringement Lawsuits	19	(6)
What You Can Get If You Win: Remedies for Copyright Infringement	25	(4)
What to Do If You're Accused of Infringement	29
International Copyright Protection
International Protection for U.S. Citizens and Nationals	2	(5)
Protection in the U.S. for Non-U.S. Citizens	7	(12)
Copyright Protection in Canada	19	(5)
Marketing Your Work in Foreign Countries	24
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	4	(6)
How Copyright Protects Different Types of Online Works	10	(5)
Copyright Infringement Online	15	(19)
Copyright Formalities: Notice and Registration	34	(3)
Electronic Publishing and Ownership of Electronic Rights	37	(6)
Multimedia Works	43	(7)
Electronic Databases	50
Copyrights and Taxation
Writers' Income Tax Deductions	2	(14)
Taxation of Copyright Income	16
Obtaining Copyright Permissions
Who Owns the Text?	2	(1)
Start With Online Permission Services	3	(1)
Locate the Publisher	4	(3)
Contact the Author	7	(2)
Special Situations	9	(5)
When You Can't Find the Rights Holder	14	(2)
Negotiating Text Permission and Fees	16
Help Beyond This Book
Intensive Background Resources	2	(1)
Primary Source Materials on Copyright	3	(2)
Finding a Copyright Lawyer	5
Appendix 1 Sample Forms
1. Single unpublished work (a novel); single author	2	(2)
2. Single published work; single author; photos registered separately by photographer	4	(4)
3. Single published work; five joint authors; publisher acquired all copyrights	8	(4)
4. Single work made for hire; previously published under another title and revised; a derivative work	12	(2)
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	14	(2)
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	16	(2)
7. Published compilation (anthology); publisher registers for the authors	18	(2)
8. Single author; contribution to collective work	20	(2)
9. Group of contributions to periodicals in a 12-month period; a single author	22	(4)
10. Original screenplay by a single author	26	(2)
11. Unpublished song lyric; single author	28	(2)
12. Three monthly issues of a monthly magazine registered as a group on Form SE/Group	30	(1)
13. Single magazine issue	31	(1)
14. Single issue of a magazine published three times a year; single author; not a work made for hire	32
Appendix 2 How to Use the CD-ROM
A. Installing the Form Files Onto Your Computer	2	(1)
B. Using the Word Processing Files to Create Documents	3	(3)
C. Using United States Copyright Office Forms	6	(2)
D. List of Forms Included on the Forms CD-ROM	8
Index