Copyright Law

by Stim, Richard W.

• ISBN13: 9780827379886
• ISBN10: 0827379889
• Edition: 1st
• Format: Paperback
• Copyright: 1999-09-14
• Publisher: Cengage Learning

Summary

This book answers every practical question relating to ownership use and transfer of copyrights. It is a practical work that contains forms, regulations and detailed instructions on registering, assigning and acquiring copyright, as well as information about investigating imitations and stopping infringers. There is substantial legal background including references to all major cases as well as historical background inlcuding some emphasis on the landmark decisions of Learned Hand.

Table of Contents

Preface	xii
Copyrights and Intellectual Property
Introduction to Copyright: Stephen King	1	(1)
Intellectual Property Law	2	(4)
Overlapping Intellectual Property Rights	6	(2)
For More Information	8	(3)
Sources of Copyright Law
Federal Copyright Statutes	11	(2)
The Federal Courts	13	(1)
The Copyright Office	14	(1)
For More Information	15	(1)
What Is Protectible Under Copyright Law?
Introduction	16	(3)
The Eight Categories of Works of Authorship	19	(7)
Derivatives and Compilations
Introduction	26	(1)
Derivative Works	26	(4)
Compilations and Collective Works	30	(2)
Collective Works	32	(2)
What Is Not Protectible Under Copyright Law?
Introduction	34	(4)
The Public Domain	38	(3)
The Bundle of Rights
Grant of Exclusive Rights	41	(1)
Right to Reproduce the Work	42	(1)
Right to Distribute the Work to the Public	42	(1)
Right to Adapt the Work: Right to Prepare Derivative Works	42	(1)
Right of Public Performance	43	(1)
Right to Display the Work	44	(2)
The Rights of the Public: First Sale and Fair Use
The First Sale Doctrine	46	(1)
Fair Use	47	(7)
Parody as Fair Use	54	(3)
Educational and Library Fair Use Issues	57	(1)
For More Information	58	(1)
Educational and Library Uses
Educational Fair Use Guidelines	59	(3)
Rights of Libraries and Archives to Reproduce Copies	62	(3)
For More Information	65	(1)
Artwork
Copyright and Works of Visual Art: Moral Rights	66	(4)
Limitations for Pictorial, Graphic, and Sculptural Works	70	(3)
Musical Works and Sound Recordings
Introduction	73	(1)
Songs: The Rights of Composers and Music Publishers	73	(5)
Musicians and Recording Companies	78	(2)
Limitations on Musical Works and Sound Recordings	80	(3)
For More Information	83	(1)
Computers and the Internet
Software Protection	84	(6)
The Internet: New Issues for Copyright Protection	90	(2)
Semiconductor Chip Protection	92	(1)
Authorship and Ownership of Copyright
Introduction	93	(1)
Joint Authorship and Co-Ownership	94	(3)
Ownership of Copyright in Collective Works	97	(3)
Works Made for Hire
What Is a Work Made for Hire?	100	(1)
Works Prepared by an Employee Within the Scope of Employment	101	(4)
Commissioned Works	105	(2)
Checklist for Determining If a Work Is Made for Hire Under Copyright Act of 1976	107	(1)
Works Made for Hire Under the 1909 Act	108	(2)
Duration of Copyright
The Copyright Act of 1909	110	(3)
The Copyright Act of 1976	113	(3)
Transfer of Copyright
Licenses and Assignments	116	(2)
Mortgages and Security Interests	118	(2)
Transfers Other Than by Written Agreement	120	(1)
Recording Copyright Transfers	121	(2)
Terminating Transfers	123	(3)
Terminating Grants Made Prior to 1978	126	(4)
Copyright Research
Obtaining Information from the Copyright Office	130	(1)
Researching Copyright Status	131	(4)
Obtaining Copies of Copyright Office Records	135	(2)
Licensing Division	137	(1)
Copyright Notice
Notice of Copyright	138	(1)
Form of Copyright Notice	139	(5)
Placement of Copyright Notice	144	(1)
Omission of Copyright Notice	145	(3)
What to Do When an Omission of Copyright Notice Is Discovered	148	(2)
Registration and Choosing Correct Application
The Registration Process	150	(1)
Reasons to Apply for Registration	151	(2)
Registration Is Not Mandatory for Copyright Protection	153	(1)
Copyright Application Forms	154	(2)
Obtaining Copyright Application Forms	156	(1)
Choosing the Correct Application Form	157	(7)
For More Information	164	(1)
Preparing the Copyright Application
Introduction	165	(1)
Title and Nature of the Work	165	(2)
The Author	167	(3)
Creation and Publication	170	(2)
The Copyright Claimant	172	(1)
Previous Registration	173	(1)
Derivative Work or Compilation	174	(2)
Deposit Accounts and Correspondence	176	(1)
Certification	176	(1)
Mailing Information	177	(1)
The Fee	177	(1)
When Will the Copyright Office Accept Electronic Registrations?	178	(1)
For More Information	178	(1)
Deposit Materials
Introduction	179	(1)
Multimedia and Mixed Works	180	(1)
Computer Programs	181	(1)
Automated Databases	182	(2)
Sound Recordings	184	(1)
Motion Pictures	184	(1)
Architecture	185	(1)
Processing, Correcting, and Canceling Registrations
Mailing the Application and Deposit Materials	186	(1)
Expediting Registration	186	(1)
Receipt by the Copyright Office: The Effective Date	187	(1)
Resolving Issues with the Copyright Office	188	(1)
Form CA: Correcting or Supplementing the Copyright Registration	189	(1)
Cancellation of Completed Registrations	190	(1)
Deposit Accounts	191	(2)
Copyright Infringement
Elements of Infringement	193	(1)
Access	194	(2)
Substantial Similarity	196	(4)
Liability for Infringement	200	(3)
Can Authors Infringe Their Own Work?	203	(1)
For More Information	204	(1)
Defenses to Infringement
Plaintiff Is Not the Owner of Rights	205	(1)
Work Is Not Copyrightable	206	(1)
Plaintiff Did Not Comply with Copyright Rules	206	(1)
Defendant Independently Created the Work	206	(1)
Defendant Did Not Have Access to the Plaintiff's Work	206	(1)
Similarities Between the Two Works Are Not Substantial	207	(1)
The Copying Is a Fair Use	207	(1)
The Copying Is De Minimis	207	(1)
Defendant Was Authorized to Use the Work	207	(1)
The Use Is Permitted Under the Merger Doctrine	207	(1)
Plaintiff Is Estopped from Suing the Defendant	208	(1)
Plaintiff Has Done Something Wrong	208	(1)
Plaintiff Waited Too Long to Bring the Suit	209	(1)
Defendant Believes That the Author Has Been Dead More Than Seventy Years	210	(2)
Remedies for Copyright Infringement
Introduction	212	(1)
Injunctions	212	(1)
Writ of Seizure	213	(1)
Damages	214	(4)
Impoundment and Destruction of Infringing Articles	218	(1)
Attorney Fees and Costs	219	(1)
Criminal Prosecution	219	(2)
Resolving a Copyright Dispute Without Litigation
The Cease and Desist Letter	221	(1)
Drafting the Cease and Desist Letter	222	(3)
Considerations When Sending a Cease and Desist Letter	225	(1)
After the Cease and Desist Letter	226	(1)
Alternative Dispute Resolution	227	(3)
Litigation
Plaintiff's Prefiling Checklist	230	(5)
Filing the Complaint	235	(1)
Serving the Defendant	235	(1)
Drafting the Complaint	235	(4)
Defendant's Prefiling Checklist	239	(3)
Discovery	242	(1)
Motions	242	(1)
Expert Witness	243	(1)
Trial	243	(1)
Appeal	243	(2)
International Copyright
Where Can a United States Copyright Owner Sue Foreign Infringers?	245	(1)
International Copyright Treaties	245	(3)
For More Information	248	(1)
Appendix A Copyright Resources	249	(3)
Appendix B Glossary of Terms	252	(10)
Appendix C Copyright Office Circulars and Form Letters	262	(2)
Appendix D Copyright Forms	264	(45)
Appendix E Copyright Agreements	309	(11)
Appendix F Sample Compliant and Settlement Agreement	320	(6)
Appendix G Copyright Fees	326	(1)
Appendix H International Copyright	327	(8)
Index	335