929 lines
42 KiB
Plaintext
929 lines
42 KiB
Plaintext
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Coalition for Networked Information
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Information Policies: A Compilation of Position Statements, Principles,
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Statutes, and Other Pertinent Statements
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Copyright Office
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Library of Congress
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Washington, DC 20559
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202-479-0700
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Source: Copyright Basics, Circular 1, Copyright Office, Library
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of Congress, Washington, DC, January 1991
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What Copyright Is
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Copyright is a form of protection provided by the laws of the
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United States (title 17, U.S. Code) to the authors of "original works of
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authorship" including literary, dramatic, musical,
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artistic, and certain other intellectual works. This protection is
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available to both published and unpublished works. Section 106 of the
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Copyright Act generally gives the owner of copyright the exclusive
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right to do and to authorize others to do the following:
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- To reproduce the copyrighted work in copies or phonorecords;
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- To prepare derivative works based upon the copyrighted work;
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- To distribute copies or phonorecords of the copyrighted
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work to the public by sale or other transfer of ownership, or by
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rental, lease, or lending;
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- To perform the copyrighted work publicly, in the case of
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literary, musical, dramatic, and choreographic works,
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pantomimes, and motion pictures and other audiovisual works,
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and
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- To display the copyrighted work publicly, in the case of
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literary, musical, dramatic, and choreographic works,
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pantomimes, and pictorial, graphic, or sculptural works,
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including the individual images of a motion picture or other
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audiovisual work.
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It is illegal for anyone to violate any of the rights provided by
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the Act to the owner of copyright. These rights, however, are not
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unlimited in scope. Sections 107 through 119 of the Copyright Act
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establish limitations on these rights. In some cases, these limitations
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are specified exemptions from copyright liability. One major
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limitation is the doctrine of "fair use," which is given a statutory basis
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in section 107 of the Act. In other instances, the limitation takes the
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form of a "compulsory license" under which certain limited uses of
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copyrighted works are permitted upon payment of specified royalties
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and compliance with statutory conditions. For further information
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about the limitations of any of these rights, consult the Copyright Act
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or write to the Copyright Office.
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Who Can Claim Copyright
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Copyright protection subsists from the time the work is created
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in fixed form; that is, it is an incident of the process of authorship.
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The copyright in the work of authorship immediately becomes the property
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of the author who created it. Only the author or those deriving their
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rights through the author can rightfully claim copyright.
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In the case of works made for hire, the employer and not the
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employee is presumptively considered the author. Section 101 of the
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copyright statute defines a "work made for hire" as:
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(1) a work prepared by an employee within the scope of
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his or her employment; or
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(2) a work specially ordered or commissioned for use as a
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contribution to a collective work, as a part of a motion picture or
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other audiovisual work, as a translation, as a supplementary
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work, as a compilation, as an instructional text, as a test, as
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answer material for a test, or as an atlas, if the parties expressly
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agree in a written instrument signed by them that the work shall
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be considered a work made for hire . . . .
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The authors of a joint work are co-owners of the copyright in the
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work, unless there is an agreement to the contrary.
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Copyright in each separate contribution to a periodical or other
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collective work is distinct from copyright in the collective work as a
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whole and vests initially with the author of the contribution.
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Two General Principles
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- Mere ownership of a book, manuscript, painting, or any
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other copy or phonorecord does not give the possessor the
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copyright. The law provides that transfer of ownership of any
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material object that embodies a protected work does not of itself
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convey any rights in the copyright.
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- Minors may claim copyright, but state laws may
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regulate the business dealings involving copyrights owned by
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minors. For information on relevant state laws, consult an
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attorney.
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Copyright and National Origin of the Work
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Copyright protection is available for all unpublished works,
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regardless of the nationality or domicile of the author.
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Published works are eligible for copyright protection in the
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United States if any one of the following conditions is met:
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- On the date of first publication, one or more of the
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authors is a national or domiciliary of the United States or is a
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national, domiciliary, or sovereign authority of a foreign nation
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that is a party to a copyright treaty to which the United States
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is also a party, or is a stateless person wherever that person may
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be domiciled; or
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- The work is first published in the United States or in a
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foreign nation that, on the date of first publication, is a party to
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the Universal Copyright Convention; or the work comes within
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the scope of a Presidential proclamation; or
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- The work is first published on or after March 1, 1989, in
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a foreign nation that on the date of first publication, is a party to
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the Berne Convention; or if the work is not first published in a
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country party to the Berne Convention, it is published (on or after
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March 1, 1989) within 30 days of first publication in a country
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that is party to the Berne Convention; or the work, first
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published on or after March 1, 1989, is a pictorial, graphic, or
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sculptural work that is incorporated in a permanent structure
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located in the United States; or, if the work, first published on or
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after March 1, 1989, is a published audiovisual work, all the
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authors are legal entries with headquarters in the United
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States.
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What Works Are Protected
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Copyright protects "original works of authorship" that are
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fixed in a tangible form of expression. The fixation need not directly
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perceptible, so long as it may be communicated with the aid of a
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machine or device. Copyrightable works include the following
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categories:
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(1) literary works;
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(2) musical works, including any accompanying words;
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(3) dramatic works, including any accompanying music;
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(4) pantomimes and choreographic works;
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(5) pictorial, graphic, and sculptural works;
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(6) motion pictures and other audiovisual works;
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(7) sound recordings; and
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(8) architectural works.
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These categories should be viewed quite broadly; for example,
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computer programs and most "compilations" are registrable as "literary
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works"; maps and architectural plans are registrable as "pictorial,
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graphic, and sculptural works."
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What is Not Protected by Copyright
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Several categories of material are generally not eligible for
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statutory copyright protection. These include among others:
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- Works that have not been fixed in a tangible form of
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expression. For example: choreographic works that have not
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been notated or recorded, or improvisational speeches or
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performances that have not been written or recorded.
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- Titles, names, short phrases, and slogans; familiar
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symbols or designs; mere variations of typographic
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ornamentation, lettering, or coloring; mere listings of ingredients
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or contents.
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- Ideas, procedures, methods, systems, processes, concepts,
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principles, discoveries, or devices, as distinguished from a
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description, explanation, or illustration.
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- Works consisting entirely of information that is common
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property and containing no original authorship. For example:
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standard calendars, height and weight charts, tape measures
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and rulers, and lists or tables taken from public documents or
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other common sources.
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How to Secure a Copyright
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Copyright Secured Automatically Upon Creation
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The way in which copyright protection is secured under the
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present law is frequently misunderstood. No publication or registration
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or other action in the Copyright Office is required to secure copyright.
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There are, however, certain definite advantages to registration.
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Copyright is secured automatically when the work is created,
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and a work is "created" when it is fixed in a copy or phonorecord for the
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first time. "Copies" are material objects from which a work can be read
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or visually perceived either directly or with the aid of a machine or
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device, such as books, manuscripts, sheet music, film, videotape, or
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microfilm. "Phonorecords" are material objects embodying fixations of
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sounds (excluding, by statutory definition, motion picture soundtracks),
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such as audio tapes and phonograph disks. Thus, for example, a song
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(the "work") can be fixed in sheet music ("copies") or in phonograph
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disks ("phonorecords"), or both.
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If a work is prepared over a period of time, the part of the work
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existing in fixed form on a particular date constitutes the created work
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as of that date.
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Publication
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Publication is no longer the key to obtaining statutory copyright
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as it was under the Copyright Act of 1909. However, publication
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remains important to copyright owners.
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The Copyright Act defines publication as follows:
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"Publication" is the distribution of copies or phonorecords
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of a work to the public by sale or other transfer of ownership, or
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by rental, lease, or lending. The offering to distribute copies or
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phonorecords to a group of persons for purposes of further
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distribution, public performance, or public display, constitutes
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publication. A public performance or display of a work does not
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of itself constitute publication.
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A further discussion of the definition of "publication" can be
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found in the legislative history of the Act. The legislative reports
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define "to the public" as distribution to persons under no explicit or
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implicit restrictions with respect to disclosure of the contents. The
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reports state that the definition makes it clear that the sale of
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phonorecords constitutes publication of the underlying work, for
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example, the musical, dramatic, or literary work embodied in a
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phonorecord. The reports also state that it is clear that any form of
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dissemination in which the material object does not change hands, for
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example, performances or displays on television, is not a publication no
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matter how many people are exposed to the work. However, when
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copies or phonorecords are offered for sale or lease to a group of
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wholesalers, broadcasters, or motion picture theaters, publication does
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not take place if the purpose is further distribution, public performance,
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or public display.
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Publication is an important concept in the copyright law for
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several reasons:
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- When a work is published, it may bear a notice of
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copyright to identify the year of publication and the name of the
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copyright owner and to inform the public that the work is
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protected by copyright. Works published before March 1, 1989,
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must bear the notice or risk loss of copyright protection. (See
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discussion "notice of copyright" below.)
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- Works that are published in the United States are
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subject to mandatory deposit with the Library of Congress. (See
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discussion below on "mandatory deposit.")
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- Publication of a work can affect the limitations on the
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exclusive rights of the copyright owner that are set forth in
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sections 107 through 119 of the law.
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- The year of publication may determine the duration of
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copyright protection for anonymous and pseudonymous works
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(when the author's identity is not revealed in the records of the
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Copyright Office) and for works made for hire.
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- Deposit requirements for registration of published works
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differ from those for registration of unpublished works. (See
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discussion below on "copyright registration" procedures.)
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Notice of Copyright
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For works first published on and after March 1, 1989, use of the
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copyright notice is optional, though highly recommended. Before
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March 1, 1989, the use of the notice was mandatory on all published
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works, and any work first published before that date must bear a notice
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or risk loss of copyright protection.
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Use of the notice is recommended because it informs the public
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that the work is protected by copyright, identifies the copyright
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owner, and shows the year of first publication. Furthermore, in the
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event that a work is infringed, if the work carries a proper notice, the
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court will not allow a defendant to claim "innocent infringement"--that
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is, that he or she did not realize that the work is protected. (A
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successful innocent infringement claim may result in a reduction in
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damages that the copyright owner would otherwise receive.)
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The use of the copyright notice is the responsibility of the
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copyright owner and does not require advance permission from, or
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registration with, the Copyright Office.
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Form of Notice for Visually Perceptible Copies
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The notice for visually perceptible copies should contain all of
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the following three elements:
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1. The symbol <20> (the letter C in a circle), or the word
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"Copyright," or the abbreviation "Copr."; and
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2. The year of first publication of the work. In the case of
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compilations or derivative works incorporating previously
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published material, the year date of first publication of the
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compilation or derivative work is sufficient. The year date may
|
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be omitted where a pictorial, graphic, or sculptural work, with
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accompanying textual matter, if any, is reproduced in or on
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greeting cards, postcards, stationery, jewelry, dolls, toys, or any
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useful article; and
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3. The name of the owner of copyright in the work, or an
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abbreviation by which the name can be recognized, or a
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generally known alternative designation of the owner.
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Example: (c<> 1991 John Doe
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The "C in a circle" notice is used only on "visually perceptible
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copies." Certain kinds of works -- for example, musical, dramatic, and
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literary works -- may be fixed not in "copies" but by means of sound in an
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audio recording. Since audio recordings such as audio tapes and
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phonograph disks are "phonorecords" and not "copies," the "C in a
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circle" notice is not used to indicate protection of the underlying
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musical, dramatic, or literary work that is recorded.
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Form of Notice for Phonorecords of Sound Recordings
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The copyright notice for phonorecords of sound recordings has
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somewhat different requirements. The notice appearing on
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phonorecords should contain the following three elements:
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1. The symbol (the letter P in a circle); and
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2. The year of first publication of the sound recording; and
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3. The name of the owner of copyright in the sound
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recording, or an abbreviation by which the name can be
|
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recognized, or a generally known alternative designation of the
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owner. If the producer of the sound recording is named on the
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phonorecord labels or containers, and if no other name appears in
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conjunction with the notice, the producer's name shall be
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considered a part of the notice.
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Example: (the letter P in a circle) 1991 A.B.C., Inc.
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NOTE: Since questions may arise from the use of variant forms of
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the notice, any form of the notice other than those given here
|
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should not be used without first seeking legal advice.
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Position of Notice
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The notice should be affixed to copies or phonorecords of the
|
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work in such an manner and location as to "give reasonable notice on the
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claim of copyright." The notice on phonorecords may appear on the
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surface of the phonorecord or on the phonorecord label or container,
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provided the manner of placement and location give reasonable notice
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of the claim. The three elements of the notice should ordinarily
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appear together on the copies or phonorecords. The Copyright Office
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has issued regulations concerning the form and position of the copyright
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notice in the Code of Federal Regulations (37 C.F.R. Part 201). For more
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information, request Circular 3.
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Publications Incorporating United States Government Works
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Works by the United States Government are not eligible for
|
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copyright protection. For works published on and after March 1, 1989,
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the previous notice requirement for works consisting primarily of one or
|
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more U.S. Government works has been eliminated. However, use of the
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copyright notice for these works is still strongly recommended. Use of a
|
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notice on such a work will defeat a claim of innocent infringement as
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previously described provided the notice also includes a statement that
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identifies one of the following: those portions of the work in which
|
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copyright is claimed or those portions that constitute U.S. Government
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material. An example is:
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Copr. 1991 Jane Brown. Copyright claimed in Chapters 7-10, exclusive of
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U.S. Government maps.
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Works published before March 1, 1989, that consist primarily of
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one or more works of the U.S. Government must bear a notice and the
|
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identifying statement.
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Unpublished Works
|
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To avoid an inadvertent publication without notice, the author
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or other owner of copyright may wish to place a copyright notice on any
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copies or phonorecords that leave his or her control.
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Effect of Omission of the Notice or of Error in the Name or Date
|
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|
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The Copyright Act, in sections 405 and 406, provides procedures
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for correcting errors and omissions of the copyright notice on works
|
||
published on or after January 1, 1978 and before March 1, 1989.
|
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In general, if a notice was omitted or an error was made on copies
|
||
distributed between January 1, 1978, and March 1, 1989, the copyright
|
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was not automatically lost. Copyright protection may be maintained if
|
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registration for the work has been made before or is made within 5
|
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years after the publication without notice, and a reasonable effort is
|
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made to add the notice to all copies or phonorecords that are
|
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distributed to the public in the United States after the omission has
|
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been discovered. For more information request Circular 3.
|
||
|
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How Long Copyright Protection Endures Works Originally
|
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Copyrighted on or After January 1, 1978
|
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|
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A work that is created (fixed in tangible form for the first time)
|
||
on or after January 1, 1978, is automatically protected from the moment
|
||
of its creation, and is ordinarily given a term enduring for the author's
|
||
life, plus an additional 50 years after the author's death. In the case of
|
||
"a joint work prepared by two or more authors who did not work for
|
||
hire," the term lasts for 50 years after the last surviving author's
|
||
death. For works made for hire, and for anonymous and pseudonymous
|
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works (unless the author's identity is revealed in Copyright Office
|
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records), the duration of copyright will be 75 years from publication or
|
||
100 years from creation, whichever is shorter.
|
||
|
||
Works that were created but not published or registered for
|
||
copyright before January 1, 1978, have been automatically brought
|
||
under the statute and are now given Federal copyright protection. The
|
||
duration of copyright in these works will generally be computed in the
|
||
same way as for works created on or after January 1, 1978: the life-plus-
|
||
50 or 75/100-year terms will apply to them as well. The law provides
|
||
that in no case will the term of copyright for works in this category
|
||
expire before December 31, 2002, and for works published on or before
|
||
December 31, 2002, the term of copyright will not expire before
|
||
December 31, 2027.
|
||
|
||
Works Copyrighted Before January 1, 1978
|
||
|
||
Under the law in effect before 1978, copyright was secured either
|
||
on the date a work was published, or on the date of registration if the
|
||
work was registered in unpublished form. In either case, the copyright
|
||
endured for a first term of 28 years from the date it was secured. During
|
||
the last (28th) year of the first term, the copyright was eligible for
|
||
renewal. The current copyright law has extended the renewal term
|
||
from 28 to 47 years for copyrights that were subsisting on January 1,
|
||
1978, making these works eligible for a total term of protection of 75
|
||
years. However, the copyright must be timely renewed to receive the
|
||
47-year period of added protection. This is accomplished by filing a
|
||
properly completed form RE accompanied by a $12 filing fee in the
|
||
Copyright Office before the end of the 28th calendar year of the
|
||
original term.
|
||
|
||
For more detailed information on the copyright term, write to
|
||
the Copyright Office and request Circulars 15a and 15t. For
|
||
information on how to search the Copyright Office records concerning
|
||
the copyright status of a work, ask for Circular 22.
|
||
|
||
Transfer of Copyright
|
||
|
||
Any or all of the exclusive rights, or any subdivision of those
|
||
rights, of the copyright owner may be transferred, but the transfer of
|
||
exclusive rights is not valid unless that transfer is in writing and signed
|
||
by the owner of the rights conveyed (or such owner's duly authorized
|
||
agent). Transfer of a right on a nonexclusive basis does not require a
|
||
written agreement.
|
||
|
||
A copyright may also be convened by operation of law and may
|
||
be bequeathed by will or pass as personal property by the applicable
|
||
laws of intestate succession.
|
||
|
||
Copyright is a personal property right, and it is subject to the
|
||
various state laws and regulations that govern the ownership,
|
||
inheritance, or transfer of personal property as well as terms of
|
||
contracts or conduct of business. For information about relevant state
|
||
laws, consult an attorney.
|
||
|
||
Transfers of copyright are normally made by contract. The
|
||
Copyright Office does not have or supply any forms for such transfers.
|
||
However, the law does provide for the recordation in the Copyright
|
||
Office of transfers of copyright ownership. Although recordation is not
|
||
required to make a valid transfer between the parties, it does provide
|
||
certain legal advantages and may be required to validate the transfer
|
||
as against third parties. For information on recordation of transfers and
|
||
other documents related to copyright, request Circular 12.
|
||
|
||
Termination of Transfers
|
||
|
||
Under the previous law, the copyright in a work generally
|
||
reverted to the author, if living, or if the author was not living, to
|
||
other specified beneficiaries, provided a renewal claim was registered
|
||
in the 28th year of the original term. The present law drops the
|
||
renewal feature except for works already in the first term of statutory
|
||
protection when the present law took effect. Instead, the present law
|
||
generally permits termination of a grant of rights after 35 years under
|
||
certain conditions by serving written notice on the transferee within
|
||
specified time limits.
|
||
|
||
For works already under statutory copyright protection before
|
||
1978, the present law provides a similar right of termination covering
|
||
the newly added years that extended the former maximum term of the
|
||
copyright from 56 to 75 years. For further information, request Circulars
|
||
15a and 15t.
|
||
|
||
International Copyright Protection
|
||
|
||
There is no such thing as an "international copyright" that will
|
||
automatically protect an author's writings throughout the entire
|
||
world. Protection against unauthorized use in a particular country
|
||
depends, basically, on the national laws of that country. However,
|
||
most countries do offer protection to foreign works under certain
|
||
conditions, and these conditions have been greatly simplified by
|
||
international copyright treaties and conventions. For a list of countries
|
||
which maintain copyright relations with the United States, request
|
||
Circular 38a.
|
||
|
||
The United States belongs to both global, multilateral copyright
|
||
treaties--the Universal Copyright Convention (UCC) and the Berne
|
||
Convention for the Protection of Literary and Artistic Works. The
|
||
United States was a founding member of the UCC, which came into
|
||
force on September 16, 1955. Generally, a work by a national or
|
||
domiciliary of a country that is a member of the UCC or a work first
|
||
published in a UCC country may claim protection under the UCC. If the
|
||
work bears the notice of copyright in the form and position specified by
|
||
the UCC, this notice will satisfy and substitute for any other
|
||
formalities a UCC member country would otherwise impose as a
|
||
condition of copyright. A UCC notice should consist of the symbol "C in
|
||
a circle" accompanied by the name of the copyright proprietor and the
|
||
year of first publication of the work.
|
||
|
||
By joining the Berne Convention on March 1, 1989, the United
|
||
States gained protection for its authors in all member nations of the
|
||
Berne Union with which the United States formerly had either no
|
||
copyright relations or had bilateral treaty arrangements. Members of
|
||
the Berne Union agree to a certain minimum level of copyright
|
||
protection and agree to treat nationals of other member countries like
|
||
their own nationals for purposes of copyright. A work first published in
|
||
the United Sates or another Berne Union country (or first published in a
|
||
non-Berne country, followed by publication within 30 days in a Berne
|
||
Union country) is eligible for protection in all Berne member countries.
|
||
There are no special requirements. For information on the legislation
|
||
implementing the Berne Convention, request Circular 93 from the
|
||
Copyright Office.
|
||
|
||
An author who wishes protection for his or her work in a
|
||
particular country should first find out the extent of protection of
|
||
foreign works in that country. If possible, this should be done before the
|
||
work is published anywhere, since protection may often depend on the
|
||
facts existing at the time of first publication.
|
||
|
||
If the country in which protection is sought is a party to one of
|
||
the international copyright conventions, the work may generally be
|
||
protected by complying with the conditions of the convention. Even if
|
||
the work cannot be brought under an international convention,
|
||
protection under the specific provisions of the country's national laws
|
||
may still be possible. Some countries, however, offer little or no
|
||
copyright protection for foreign works.
|
||
|
||
|
||
Copyright Registration
|
||
|
||
In general, copyright registration is a legal formality intended
|
||
to make a public record of the basic facts of a particular copyright.
|
||
However, except in two specific situations, registration is not a
|
||
condition of copyright protection. Even though registration is not
|
||
generally a requirement for protection, the copyright law provides
|
||
several inducements or advantages to encourage copyright owners to
|
||
make registration. Among these advantages are the following:
|
||
|
||
- Registration establishes a public record of the copyright claim;
|
||
|
||
- Before an infringement suit may be filed in court,
|
||
registration is necessary for works of U.S. origin and for foreign
|
||
works not originating in a Berne Union country. (For more
|
||
information on when a work is of U.S. origin, request Circular 93);
|
||
|
||
- If made before or within 5 years of publication,
|
||
registration will establish prima facie evidence in court of the
|
||
validity of the copyright and of the facts stated in the
|
||
certificate; and
|
||
|
||
- If registration is made within 3 months after publication
|
||
of the work or prior to an infringement of the work, statutory
|
||
damages and attorney's fees will be available to the copyright
|
||
owner in court actions. Otherwise, only an award of actual
|
||
damages and profits is available to the copyright owner.
|
||
|
||
Registration may be made at any time within the life of the
|
||
copyright. Unlike the law before 1978, when a work has been registered
|
||
in unpublished form, it is not necessary to make another registration
|
||
when the work becomes published (although the copyright owner may
|
||
register the published edition, if desired).
|
||
|
||
Registration Procedures
|
||
|
||
In General
|
||
|
||
A. To register a work, send the following three elements
|
||
in the same envelope of package to the Register of Copyrights,
|
||
Copyright Office, Library of Congress, Washington, D.C. 20559:
|
||
(see section What Happens If the Three Elements Are Not
|
||
Received Together.)
|
||
|
||
1. A properly completed application form;
|
||
|
||
2. A nonrefundable filing fee of $20 for each application;
|
||
|
||
3. A nonreturnable deposit of the work being
|
||
registered. The deposit requirements vary in particular
|
||
situations. The general requirements follow. Also note
|
||
the information under "Special Deposit Requirements"
|
||
immediately following this section.
|
||
|
||
- If the work is unpublished, one complete copy or phonorecord.
|
||
|
||
- If the work was first published in the
|
||
United States on or after January 1, 1978, two
|
||
complete copies or phonorecords of the best edition.
|
||
|
||
- If the work was first published in the
|
||
United States before January 1, 1978, two complete
|
||
copies or phonorecords of the work as first
|
||
published.
|
||
|
||
- If the work was first published outside the
|
||
United States, whenever published, one complete
|
||
copy or phonorecord of the work as first published.
|
||
|
||
B. To register a renewal, send:
|
||
|
||
1. A properly completed RE application form; and
|
||
|
||
2. A nonrefundable filing fee of $12 for each work.
|
||
|
||
NOTE: Complete the Application Form Using Black Ink Pen or
|
||
Typewriter. You may photocopy the application forms if the
|
||
forms you submit to the Office are clear, legible, on a good grade
|
||
of white paper, and printed head-to-head (so that when you
|
||
turn the sheet over, the top of page 2 is directly behind the top of
|
||
page 1). Because the certificates of registration are reproduced
|
||
directly from the application forms, it is vital the forms meet
|
||
the stated requirements. Forms not meeting these requirements
|
||
will be returned.
|
||
|
||
Special Deposit Requirements
|
||
|
||
Special deposit requirements exist for many types of work. In
|
||
some instances, only one copy is required for published works, in other
|
||
instances only identifying material is required, and in still other
|
||
instances, the deposit requirement may be unique. The following are
|
||
three prominent examples of exceptions to the general deposit
|
||
requirements:
|
||
|
||
- If the work is a motion picture, the deposit requirement
|
||
is one complete copy of the unpublished or published motion
|
||
picture and a separate written description of its contents, such as
|
||
a continuity, press book, or synopsis.
|
||
|
||
- If the work is a literary, dramatic or musical work
|
||
published only on phonorecord, the deposit requirement is one
|
||
complete copy of the phonorecord.
|
||
|
||
- If the work is an unpublished or published computer
|
||
program, the deposit requirement is one visually perceptible
|
||
copy in source code of the first and last 25 pages of the program.
|
||
For a program of less than 50 pages, the deposit is a copy of the
|
||
entire program. (For more information on computer program
|
||
registration, including deposits for revised programs and special
|
||
relief for trade secrets, request Circular 61.)
|
||
In the case of works reproduced in three-dimensional copies,
|
||
identifying material such as photographs or drawings is ordinarily
|
||
required. Other examples of special deposit requirements (but by no
|
||
means an exhaustive list) include many works of the visual arts, such as
|
||
greeting cards, toys, fabric, oversized material (request Circular 40a);
|
||
video games and other machine-readable audiovisual works (request
|
||
Circular 61 and ML-387); automated databases (request Circular 65);
|
||
and contributions to collective works.
|
||
|
||
If you are unsure of the deposit requirement for your work, write
|
||
or call the Copyright Office and describe the work you wish to register.
|
||
|
||
Unpublished Collections
|
||
|
||
A work may be registered in unpublished form as a "collection,"
|
||
with one application and one fee, under the following conditions:
|
||
|
||
- The elements of the collection are assembled in an
|
||
orderly form;
|
||
|
||
- The combined elements bear a single title identifying
|
||
the collection as a whole;
|
||
|
||
- The copyright claimant in all the elements and in the
|
||
collection as a whole is the same; and
|
||
|
||
- All of the elements are by the same author, or, if they
|
||
are by different authors, at least one of the authors has
|
||
contributed copyrightable authorship to each element.
|
||
An unpublished collection is indexed in the Catalog of Copyright
|
||
Entries only under the collection title.
|
||
|
||
Corrections and Amplifications of Existing Registrations
|
||
|
||
To correct an error in a copyright registration or to amplify the
|
||
information given in a registration, file a supplementary registration
|
||
form--Form CA--with the Copyright Office. The information in a
|
||
supplementary registration augments but does not supersede that
|
||
contained in the earlier registration. Note also that a supplementary
|
||
registration is not a substitute for an original registration, for renewal
|
||
registration, or for recording a transfer of ownership. For further
|
||
information about supplementary registration, request Circular 8.
|
||
|
||
Mandatory Deposit for Works Published in the United States
|
||
|
||
Although a copyright registration is not required, the Copyright
|
||
Act establishes a mandatory deposit requirement for works published
|
||
in the United States (see definition of "publication" on page 4 of
|
||
Circular 1). In general, the owner of copyright, or the owner of the
|
||
exclusive right of publication in the work, has a legal obligation to
|
||
deposit in the Copyright Office, within 3 months of publication in the
|
||
United States, 2 copies (or, in the case of sound recordings, 2
|
||
phonorecords) for the use of the Library of Congress. Failure to make
|
||
the deposit can result in fines and other penalties, but does not affect
|
||
copyright protection.
|
||
|
||
Certain categories of works are exempt entirely from the
|
||
mandatory deposit requirements, and the obligation is reduced for
|
||
certain other categories. For further information about mandatory
|
||
deposit, request Circular 7d.
|
||
|
||
NOTE: Library of Congress Catalog Card Numbers. A Library of
|
||
Congress Catalog Card Number is different from a copyright
|
||
registration number. The Cataloging in Publication (CIP) Division of
|
||
the Library of Congress is responsible for assigning LC Catalog Card
|
||
Numbers and is operationally separate from the Copyright Office. A
|
||
book may be registered in or deposited with the Copyright Office but
|
||
not necessarily cataloged and added to the Library's collections. For
|
||
information about obtaining an LC Catalog Card Number, contact the
|
||
CIP Division, Library of Congress, Washington, D.C. 20540. For
|
||
information on International Standard Book Numbering (ISBN), write
|
||
to: ISBN Agency, R.R. Bowker Company, 245 West 17th Street, New
|
||
York, N.Y. 10011. For information on International Standard Serial
|
||
Numbering (ISSN), write to: Library of Congress, National Serials
|
||
Data Program, Washington, D.C. 20540.
|
||
|
||
Use of Mandatory Deposit to Satisfy Registration Requirements
|
||
|
||
For works published in the United States the Copyright Act
|
||
contains a provision under which a single deposit can be made to satisfy
|
||
both the deposit requirements for the Library and the registration
|
||
requirements. In order to have this dual effect, the copies or
|
||
phonorecords must be accompanied by the prescribed application and
|
||
filing fee.
|
||
|
||
Who May File an Application Form
|
||
|
||
The following persons are legally entitled to submit an
|
||
application form:
|
||
|
||
- The author. This is either the person who actually
|
||
created the work, or, if the work was made for hire, the
|
||
employer or other person for whom the work was prepared.
|
||
|
||
- The copyright claimant. The copyright claimant is
|
||
defined in Copyright Office regulations as either the author of
|
||
the work or a person or organization that has obtained
|
||
ownership of all the rights under the copyright initially
|
||
belonging to the author. This category includes a person or
|
||
organization who has obtained by contract the right to claim
|
||
legal title to the copyright in an application for copyright
|
||
registration.
|
||
|
||
- The owner of exclusive right(s). Under the law, any of
|
||
the exclusive rights that go to make up a copyright and any
|
||
subdivision of them can be transferred and owned separately,
|
||
even though the transfer may be limited in time or place of
|
||
effect. The term "copyright owner" with respect to any one of
|
||
the exclusive rights contained in a copyright refers to the owner
|
||
of that particular right. Any owner of an exclusive right may
|
||
apply for registration of a claim in the work.
|
||
|
||
- The duly authorized agent of such author, other
|
||
copyright claimant, or owner of exclusive right(s). Any person
|
||
authorized to act on behalf of the author, other copyright
|
||
claimant, or owner of exclusive rights may apply for
|
||
registration.
|
||
There is no requirement that applications be prepared or filed by an
|
||
attorney.
|
||
|
||
Application Forms
|
||
|
||
For Original Registration
|
||
|
||
Form TX: for published and unpublished nondramatic literary works
|
||
|
||
Form SE: for serials, works issued or intended to be issued in
|
||
successive parts bearing numerical or chronological
|
||
designations and intended to be continued indefinitely
|
||
(periodicals, newspapers, magazines, newsletters,
|
||
annuals, journals, etc.)
|
||
|
||
Short Form/SE and Form SE/GROUP: specialized SE forms for use
|
||
when certain requirements are met
|
||
|
||
Form PA: for published and unpublished works of the performing
|
||
arts (musical and dramatic works, pantomimes and
|
||
choreographic works, motion pictures and other
|
||
audiovisual works)
|
||
|
||
Form VA: for published and unpublished works of the visual arts
|
||
(pictorial, graphic, and sculptural works including
|
||
architectural works)
|
||
|
||
Form SR: for published and unpublished sound recordings
|
||
|
||
|
||
For Renewal Registration
|
||
|
||
Form RE: for claims to renewal copyright in works copyrighted
|
||
under the law in effect through December 31, 1977 (1909
|
||
Copyright Act)
|
||
|
||
|
||
For Corrections and Amplifications
|
||
|
||
FORM CA: for supplementary registration to correct or amplify
|
||
information given in the Copyright Office record of an
|
||
earlier registration
|
||
|
||
For a Group of Contributions to Periodicals
|
||
|
||
Form GR/CP: an adjunct application to be used for registration of a
|
||
group of contributions to periodicals in addition to an application
|
||
Form TX, PA, or VA
|
||
|
||
Free application forms are supplied by the Copyright Office.
|
||
|
||
|
||
Copyright Office Hotline
|
||
NOTE: Requestors may order application forms and circulars at any
|
||
time by telephoning 202-707-9100. Orders will be recorded
|
||
automatically and filled as quickly as possible.
|
||
|
||
Mailing Instructions
|
||
|
||
All applications and materials related to copyright registration
|
||
should be addressed to the Register of Copyrights, Copyright Office,
|
||
Library of Congress, Washington, D.C. 20559.
|
||
|
||
The application, nonreturnable deposit (copies, phonorecords, or
|
||
identifying material), and nonrefundable filing fee should be mailed in
|
||
the same package.
|
||
|
||
What Happens If the Three Elements Are Not Received Together
|
||
|
||
Applications and fees received without appropriate copies,
|
||
phonorecords, or identifying material will not be processed and will
|
||
ordinarily be returned. Unpublished deposits without applications or
|
||
fees will ordinarily be returned, also. In most cases, published deposits
|
||
received without applications and fees can be immediately transferred
|
||
to the collections of the Library of Congress. This practice is in
|
||
accordance with section 408 of the law which provides that the
|
||
published deposit required for the collections of the Library of Congress
|
||
may be used for registration only if the deposit is "accompanied by the
|
||
prescribed application and fee...."
|
||
|
||
After the deposit is received and transferred to another
|
||
department of the Library for its collections or other disposition, it is no
|
||
longer available to the Copyright Office. If you wish to register the
|
||
work, you must deposit additional copies or phonorecords with your
|
||
application and fee.
|
||
|
||
Fees
|
||
|
||
Do not send cash. A fee sent to the Copyright Office should be in
|
||
the form of a money order, check, or bank draft payable to the Register
|
||
of Copyrights; it should be securely attached to the application. A
|
||
remittance from outside the United States should be payable in U.S.
|
||
dollars and should be in the form of an international money order or a
|
||
draft drawn on a U.S. bank. Do not send a check drawn on a foreign
|
||
bank.
|
||
|
||
Effective Date of Registration
|
||
|
||
A copyright registration is effective on the date of receipt in the
|
||
Copyright Office receives all of the required elements in acceptable
|
||
form, regardless of how long it then takes to process the application
|
||
and mail the certificate of registration. The time the Copyright Office
|
||
requires to process an application varies, depending on the amount of
|
||
material the Office is receiving and the personnel available. It must
|
||
also be kept in mind that it may take a number of days for mailed
|
||
material to reach the Copyright Office and for the certificate of
|
||
registration to reach the recipient after being mailed by the Copyright
|
||
Office.
|
||
|
||
If you are filing an application for copyright registration in the
|
||
Copyright Office, you will not receive an acknowledgement that your
|
||
application has been received, but you can expect:
|
||
|
||
- A letter or telephone call from a copyright examiner if
|
||
further information is needed;
|
||
|
||
- A certificate of registration to indicate the work has
|
||
been registered, or
|
||
|
||
- If the application cannot be made, a letter explaining
|
||
why it has been refused.
|
||
Please allow 120 days to receive a letter or certificate of registration.
|
||
|
||
If you want to know when the Copyright Office receives your
|
||
material, you should send it by registered or certified mail and request
|
||
a return receipt from the post office. Allow at least 3 weeks for the
|
||
return of your receipt.
|
||
|
||
|
||
Search of Copyright Office Records
|
||
|
||
The records of the Copyright Office are open for inspection and
|
||
searching by the public. Moreover, on request, the Copyright Office
|
||
will search its records at the statutory rate of $20 for each hour or
|
||
fraction of an hour. For information on searching the Office records
|
||
concerning the copyright status or ownership of a work, request
|
||
Circulars 22 and 23.
|
||
|
||
Available Information
|
||
|
||
This circular attempts to answer some of the questions that are
|
||
frequently asked about copyright. For a list of other material
|
||
published by the Copyright Office, request Circular 2, "Publications on
|
||
Copyright." Any requests for Copyright Office publications or special
|
||
questions relating to copyright problems not mentioned in this circular
|
||
should be addressed to the Copyright Office, LM 455, Library of
|
||
Congress, Washington, D.C. 20559. To speak to a Copyright
|
||
Information Specialist, call 202-479-0700.
|
||
|
||
The Copyright Office is not permitted to give legal advice. If
|
||
you need information or guidance on matters such as disputes over the
|
||
ownership of a copyright, suits against possible infringers, the
|
||
procedure for getting a work published, or the method of obtaining
|
||
royalty payments, it may be necessary to consult an attorney.
|