The Copyright Handbook

What Every Writer Needs to Know

The most updated copyright book

Stephen Fishman, J.D.

August 2011, 11th Edition

Learn everything you need to know about copyrights including how to:

register your copyright
avoid infringement
get permission to use copyrighted work

Select Your Format:

$49.99 List Price

Register and protect your work.

The Copyright Handbook solves the most common problem for writers: how to obtain maximum copyright protection for original work. You’ll learn everything you need to know from how to register your copyright to dealing with infringers to understanding the “fair use” rule and even how to transfer your copyright. The 11th edition is completely updated to provide the latest case law and copyright regulations, including works created for the Internet, such as blogs and new U.S. Copyright Office electronic filing procedures.

"For anyone who creates written works...The Copyright Handbook is as essential as a dictionary. " -Business Life

"The Copyright Handbook... has become a standard work on the subject." -Bob Schwabach, Syndicated Columnist

ISBN 9781413308938

Pages 528 pp

Forms 14 forms

1. 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

2. Copyright Notice

Introduction: The Little “c” in a Circle
When Copyright Notice Is Required
Why Provide a Copyright Notice on Published Works?
When to Provide Notice
Notices for Online Works
Form of Notice
Notice on Compilations and Adaptations
Book Dust Jackets
Multimedia Works
Where to Place Copyright Notice
Other Information Near the Notice
Copyright Notice on Unpublished Manuscripts

3. 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
How to Register
Online Copyright Registration
Registering Using Form CO
Registering Using Form TX and Other Paper Application Forms
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
Registering Online Works
Registering Multimedia Works
Registering Contents of Automated Databases
Satisfying Copyright Office Deposit Requirements
Sending Your Application to the Copyright Office
Postal Mailing Your Paper Application, Fee, and Deposit
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

4. Correcting or Changing Copyright Notice or Registration

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

5. 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
Copyright in the Online World
How Copyright Protects Different Types of Online Works

6. Adaptations and Compilations

Derivative Works
Compilations

7. Initial Copyright Ownership

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

8. 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
Electronic Publishing and Ownership of Electronic Rights
Transfer Documents
Marriage, Divorce, and Copyright Ownership
Recording Copyright Transfers With the Copyright Office

9. 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

10. 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

11. 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
Copyright Infringement Online

12. International Copyright Protection

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

13. Copyright and Taxation

Writers’ Income Tax Deductions
Taxation of Copyright Income

14. 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

15. Help Beyond This Book

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

Appendix: How to Use the Interactive Forms

Editing RTFs
List of Forms

Index

Forms

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
Text Permission Agreement
Text Permission Letter Agreement
Sonny Bono Copyright Extension Act
Digital Millenium Copyright Act of 1998
Form NLA
Form NLA/CON

Free Chapters

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.

Icons Used Throughout the Book

Throughout the text, we have included the following icons to help organize the material.

Resources Refers you to related information in another book or publication.

Fast Track Let’s you know when you can skip information that may not be relevant to your situation.

Tip This indicates that the information is a useful copyright tip.

Warning This caution icon warns you of potential problems.

Forms on CD Indicates when a form is included on the accompanying CD-ROM.

Cross Reference Refers you to related information in another place in the book.

Press Reviews

" Explains the ins and outs of copyright law -- in plain English -- and provides all the forms and step-by-step instructions to register a copyright... " -Authorship " For anyone who creates written works...The Copyright Handbook is as essential as a dictionary. " -Business Life " The Copyright Handbook will be a hit with librarians, copyright researchers, and anyone who wants to protect their work. " -Cheryl LaGuardia, Editor, Library Journal " The Copyright Handbook... has become a standard work on the subject. " -Bob Schwabach, Syndicated Columnist " [A] useful legal resource for writers... " -New Orleans Times-Picayune " This book contains all the usual wonderful features we have come to expect from the Nolo line... " -Law Library Journal