Table of Contents

1. How to Use This Book

How This Book Is Organized
Which Parts of This Book You Should Read
What This Book Is Not About
Icons Used Throughout the Book

2. Copyright Basics

Why Have a Copyright Law?
What Is Copyright?
How Is a Copyright Created and Protected?
What Copyright Protects
Limitations on Copyright Protection
Copyright Ownership and Transfer of Ownership
How Long a Copyright Lasts
Copyright Infringement
Other Protections for Intellectual Property

3. Copyright Notice

Introduction
When Copyright Notice Is Required
Why Provide a Copyright Notice on Published Works?
When to Provide Notice
Form of Notice
Notice on Compilations and Adaptations
Book Dust Jackets
Multimedia Works
Where to Place Copyright Notice
Other Information Near Notice
Copyright Notice on Unpublished Manuscripts

4. Copyright Registration

What Is Copyright Registration?
Why Register?
What Can and Should Be Registered
Who Can Register?
Registration as a Single Unit
Registering Derivative Works and Compilations
Four-Step Registration Process
Selecting the Appropriate Registration Form
How to Complete Form TX
How to Complete Form PA
Registering Newspapers, Magazines, Newsletters, and Other Periodicals: Form SE, Short Form SE, Form SE/Group, Form G/DN
Registering a Group of Contributions to Periodicals: Form GR/CP
Satisfying Copyright Office Deposit Requirements
Sending Your Application to the Copyright Office
Expedited Registration
Preregistration of Unpublished Works
Dealing With the Copyright Office
Full-Term Retention of Deposits and Other Ways to Preserve Deposits
Correcting Errors After Registration Is Completed

5. Correcting or Changing Copyright Notice or Registration

Part I: Dealing With Errors or Omissions in Copyright Notice

Works Published After March 1, 1989
Copies Published Between January 1, 1978 and February 28, 1989
Works Published Before 1978
Types of Errors or Omissions That Invalidate a Copyright Notice

Part II: Dealing With Errors or Changes Affecting Copyright Registration: Supplemental Registration

Why a Supplemental Registration Should Be Filed (When Appropriate)
When Supplemental Registration Is Not Appropriate
Supplemental Registration Procedure
Effect of Supplemental Registration

6. What Copyright Protects

What Copyright Protects: Tangible, Original Expression
What Copyright Does Not Protect: The Boundaries of the Public Domain
Distinguishing Between Protected Expression and Material in the Public Domain: Putting It All Together

7. Adaptations and Compilations

Derivative Works
Compilations

8. Initial Copyright Ownership

Independent Authorship by an Individual
Works Made for Hire
Jointly Authored Works

9. Transferring Copyright Ownership

How Copyright Ownership Rights Are Transferred to Others
Rights Retained by Author After Transfer
Copyright Transfers Between Freelance Writers and Magazines and Other Periodicals
Copyright Transfers Between Writers and Book Publishers
Transfer Documents
Marriage, Divorce, and Copyright Ownership
Recording Copyright Transfers With the Copyright Office

10. Copyright Duration

Works Created During or After 1978
End of Calendar Year Rule
Works Created but Not Published or Registered Before January 1, 1978
Works Published or Registered Before January 1, 1978
Special Rules for Works First Published Abroad Before 1978
Duration of Copyright in Adaptations (Derivative Works)
Termination of Transfers of Renewal Term Rights in Pre 1978 Works

11. Using Other Authors’ Words

Introduction
Introduction to the Fair Use Privilege
When Is a Use a Fair Use?
Fair Use and the Photocopy Machine
Copying by Libraries and Archives
Other Fair Uses

12. Copyright Infringement: What It Is, What to Do About It, How to Avoid It

What Is Copyright Infringement?
How to Know Whether You Have a Valid Infringement Claim
When Copying Protected Expression Is Excused
Self-Help Remedies for Copyright Infringement
Overview of Copyright Infringement Lawsuits
What You Can Get If You Win: Remedies for Copyright Infringement
What to Do If You’re Accused of Infringement

13. International Copyright Protection

International Protection for U.S. Citizens and Nationals
Protection in the U.S. for Non U.S. Citizens
Copyright Protection in Canada
Marketing Your Work in Foreign Countries

14. Copyright in the Online World, Electronic Publishing, and Multimedia

What’s Available Online
What Online Materials Qualify for Copyright
Rights Enjoyed by Copyright Owners Online
How Copyright Protects Different Types of Online Works
Copyright Infringement Online
Copyright Formalities: Notice and Registration
Electronic Publishing and Ownership of Electronic Rights
Multimedia Works
Electronic Databases

15. Copyright and Taxation

Writers’ Income Tax Deductions
Taxation of Copyright Income

16. Obtaining Copyright Permissions

Who Owns the Text?
Start With Online Permission Services
Locate the Publisher
Contact the Author
Special Situations
When You Can’t Find the Rights Holder
Negotiating Text Permission and Fees

17. Help Beyond This Book

Intensive Background Resources
Primary Source Materials on Copyright
Finding a Copyright Lawyer

Appendix A: Sample Forms

01. Single unpublished work (a novel); single author
02. Single published work; single author; photos registered separately by photographer
03. Single published work; five joint authors; publisher acquired all copyrights
04. Single work made for hire; previously published under another title and revised; a derivative work
05. 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
06. 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
07. Published compilation (anthology); publisher registers for the authors
08. Single author; contribution to collective work
09. Group of contributions to periodicals in a 12-month period; a single author
10. Original screenplay by a single author
11. Unpublished song lyric; single author
12. Three monthly issues of a monthly magazine registered as a group on Form SE/Group
13. Single magazine issue
14. Single issue of a magazine published three times a year; single author; not a work made for hire

Appendix B: How to Use the CD-ROM

Installing the Form Files Onto Your Computer
Using the Word Processing Files to Create Documents
Using United States Copyright Office Forms

Index

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