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The Copyright Handbook
The Copyright Handbook
What Every Writer Needs to Know
by: Attorney Stephen Fishman
Publication Date September 2008
Edition 10
ISBN 9781413308938
Pages 528 pp
Forms 31 forms
Book with CD & eBook
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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
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
Sample Content
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.
Refers
you to related information in another book or publication.
Let’s you know when you can skip information that may not be
relevant to your situation.
This indicates
that the information is a useful copyright tip.
This
caution icon warns you of potential problems.
Indicates
when a form is included on the accompanying CD-ROM.
Refers
you to related information in another place in the 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.
Legal Updates
Here are summaries of important legal or procedural changes that affect the latest edition of this product.
What's New in the 10th Edition of Copyright HandbookOverview of What's New
The 10th edition has been reorganized. Instead of a separate chapter for online works, the online elements have been incorporated throughout the book. In addition, there is a new section on electronic filing of applications.
Who Needs the New Edition?
You need the new edition if you're interested in learning about the electronic filing process and you want the latest case law and tax information.
Chapters Most Affected
The previous "online" Chapter 14 has been removed and updated information is integrated throughout the book. Chapter 3 includes new material about the electronic application system.
Forms That Have Changed
There is a new document cover sheet form.
