The Copyright Handbook

What Every Writer Needs to Know

Publication Date September 2008

Edition 10

ISBN 9781413308938

Pages 528 pp

Forms 31 forms

Book w/CD

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eBook (PDF - 8.7 MB)

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Description

Protect your written works with copyright, easily and legally!

In the Information Age, writers need to take steps to protect their hard work. Fortunately, The Copyright Handbook provides everything you need to get the job done.

Inside, you'll find the essential information and forms you need to protect all types of written expression under copyright law. Let The Copyright Handbook show you how to:

register your work
maximize copyright protection
use a copyright notice
transfer ownership of copyright
avoid infringement
deal with infringers
understand the "fair use" rule
get permission to use copyrighted work, and
profit from your copyright.

The 10th edition has been completely updated to provide the latest case law and copyright regulations, and includes new information about electronically filing for copyright and expanded coverage of Internet works, such as blogs. The CD-ROM provides over 30 up-to-date legal and copyright forms.

Forms

RTF Format
Work Made for Hire Agreement
Copyright Assignment
Collaboration Agreement
Copyright License
Counter-Notification in Response to Claim of Copyright Infringement
Work for Hire Letter Agreement
Notice of Claimed Copyright Infringement
Copyright Permission Request
Search Request Form
Text Permission Agreement
Text Permission Letter Agreement

PDF Format
Sonny Bono Copyright Extension Act
Copyright Act
Form CA
Form CON
Document Cover Sheet
Form GATT/CON
Form GATT
Form G/DN
Form GR/CP
Form PA
Short Form PA
Form SE
Form SE/Group
Short Form SE
Form TX
Short Form TX
Form VA
Short Form VA
Form NLA
Form NLA/CON

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

Sample Content

Chapter 1: How to Use This Book

Introduction

Here’s a book about copyright for written works. It is for the entire universe of people who deal with the written word.

Who This Book Is For

Novelists, short story writers, poets, playwrights, screenwriters, biographers, historians, authors of how-to books, writers of scientific and technical works and other works of nonfiction, published and unpublished authors, journalists, freelance writers, persons employed by others to create written works, persons who employ others to create written works, editors who work for magazines and book publishers, established publishers, self-publishers, librarians, teachers, and literary agents.

How This Book Is Organized

This book has two parts:

Part I (Chapters 2–4) consists of a short overview of copyright law (Chapter 2, Copyright Basics), and a “how-to” guide on copyright notice and registration with the Copyright Office.
Part II (Chapters 5–16) serves as your copyright resource; it discusses the most important aspects of copyright law in detail. If you are unable to find the answers to your questions in Part II, the final chapter (Chapter 17, Help Beyond This Book) tells you how to do further research on your own and, if necessary, find a copyright attorney.

Which Parts of This Book You Should Read

Not everyone will want to read the whole book. Which parts you do want to read will of course depend on why you bought the book.

Most of you bought the book for one of these three reasons:

You want to know how to satisfy the procedural requirements to obtain maximum copyright protection for a written work.
You have a specific copyright question or problem.
You want a general education about copyright law.

Assuming you fall into one of these three categories, here is how you can make best use of this book.

Readers Who Want to Know How to Satisfy the Procedural Requirements for Maximum Copyright Protection

If you just want to know how to place a valid copyright notice on your work (that’s the © followed by a date and name you usually see on published works), read Chapter 3, Copyright Notice. Placing a valid copyright notice on your work will make it easier to enforce your copyright.

If you want to register your work with the Copyright Office, refer to Chapter 4, Copyright Registration, for a step-by-step explanation. You’ll find all the registration forms you need on the CD-ROM at the end of the book. You will obtain important benefits by registering your work after it is published.

Readers Who Have a Specific Copyright Question

If you have a specific question or problem, start with the table of contents at the front of the book. For example, suppose you want to know whether you need permission to use a quotation from Abraham Lincoln that you found in a recent Civil War history. By scanning the table of contents you would discover Chapter 11, Using Other Authors’ Words—probably the place to start.

If you didn’t find what you were looking for in the table of contents, you could use the index at the back of the book and search under such terms as “quotations” and “public domain.”

People Who Want to Learn All About Copyright

If you simply want to learn more about copyright, read Chapter 2, Copyright Basics, and then read as much of Chapters 5 through 16 as you wish. You can skip Chapters 3 and 4, since these chapters are intended for people who want to take specific steps to obtain maximum copyright protection for a written work.

What This Book Is Not About

This book only covers copyright for written works. This means it is not about:

copyright protection for music, artwork, photography, or audiovisual works; for a detailed discussion of legal protection for music, see Music Law: How to Run Your Band’s Business, by Richard Stim (Nolo).
publishing contracts—although we discuss the copyright aspects of publishing contracts, this is not a book about how to negotiate or draft contracts
protecting inventions—see Patent It Yourself, by David Pressman (Nolo), if you want to know about this
protecting computer software—see A Legal Guide to Web & Software Development, by Stephen Fishman (Nolo), if you want to know about this
protecting titles, logos, or slogans—these items may be protected under the federal and state trademark laws, which have nothing to do with copyright; see Trademark: Legal Care for Your Business & Product Name, by Stephen Elias (Nolo).
protecting ideas—copyright only protects words, not ideas. Ideas can be protected as trade secrets, which involves committing anyone who learns of the ideas to secrecy and maintaining security procedures to prevent the ideas from leaking out.