The Copyright Handbook

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• Copyright Notice on Unpublished Manuscripts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• Preregistration of Unpublished Works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