against Manny?
CHAPTER 1 | COPYRIGHT BASICS | 11
We know that copyright does not protect This might mean that Sally can sue Manny
ideas, so Sally cannot sue Manny for
for breach of contract and collect the
copyright infringement. Her idea is not for
$10,000. Some courts would permit Sally
a new invention, so she gets no help from
the $10,000 only if her idea was novel
the patent laws. And let’s assume the idea is and concrete and Manny actually used it.
not a trade secret.
Others would not require novelty and use.
All is not lost for Sally, because some
However, there are very few Mannys or
courts have held that if a person agrees
Sallys in the real world. Rarely, if ever, will
to pay another person for disclosing an
a producer, a publisher, an editor, or another
idea she has, the agreement constitutes an
person agree to pay an author for a mere idea.
enforceable contract. This means that if the Thus, contract protection for ideas is usually person fails to pay what he promised, the
more theoretical than real. The best way to
person who disclosed her idea may be able
protect your ideas is to disclose them only
to sue and collect the promised payment.
to people whose integrity can be trusted.
l
C H A P T E R
Copyright Notice
2
Introduction: The Little “c” in a Circle ..........................................................................................15
When Copyright Notice Is Required ...............................................................................................15
Works Published Before 1978 ......................................................................................................15
Works Published Between January 1, 1978 and March 1, 1989 .................................16
Works Published After March 1, 1989 ....................................................................................16
Special Rules for Foreign Works .................................................................................................16
Why Provide a Copyright Notice on Published Works? .....................................................16
Notice Makes Infringement Suits Economical y Feasible .............................................17
Copyright Notice May Deter Potential Infringers ............................................................18
Notice Protects Your Work in Countries Not Adhering
to the Berne Convention ............................................................................................................18
When to Provide Notice .........................................................................................................................18
Notices for Online Works ......................................................................................................................18
Form of Notice .............................................................................................................................................19
Copyright Symbol ..............................................................................................................................19
Year of Publication ............................................................................................................................19
Copyright Owner’s Name ..............................................................................................................20
Notice on Compilations and Adaptations ..................................................................................22
Compilations ........................................................................................................................................22
Adaptations (Derivative Works) ................................................................................................24
Works Containing United States Government Materials ............................................24
Book Dust Jackets ......................................................................................................................................26
Multimedia Works .....................................................................................................................................26
Where to Place Copyright Notice .....................................................................................................26
Paper Books ..........................................................................................................................................26
Electronic Books ................................................................................................................................27
Magazines and Periodicals ............................................................................................................27
Online Works .......................................................................................................................................27
Individual Contributions to Compilations ...........................................................................27
Single-Leaf Works ...............................................................................................................................29
14 | THE COPYRIGHT HANDBOOK
Other Information Near the Notice ...............................................................................................29
“All Rights Reserved” ........................................................................................................................29
Warning Statements .........................................................................................................................29
Granting Permission to Use Excerpts ......................................................................................30
Online Works .......................................................................................................................................30
Other Material on Copyright Page ...........................................................................................30
Copyright Notice on Unpublished Manuscripts .....................................................................32
CHAPTER 2 | COPYRIGHT NOTICE | 15
Introduction:
or blogs, are protected by the notice the
The Little “c” in a Circle
publisher provides for the periodical as
T
a whole. But some freelancers choose to
his chapter is about copyright
include a separate notice on their work.
notice. That’s the “c” in a circle,
Self-published authors. Persons who self-
followed by a publication date and
publish their work, whether in print, online,
name, usually seen on published works.
or as electronic books, must compose and
The purpose of such a notice is to inform
format their copyright notices themselves and
the public that a work is copyrighted,
should careful y read this chapter, as should
when it was published, and who owns the
anyone who works in the publishing field.
copyright. Before March 1, 1989, a notice
was required on all published works as a
condition of keeping the copyright. For
When Copyright Notice
works published after that date, a notice
Is Required
is not required. Nonetheless, it�
�s a very
good idea to provide a notice on all your
Copyright notice is mandatory for some
published works.
works and not for others, depending upon
The use of a copyright notice is the respon- the date of publication.
sibility of the copyright owner and does not
require any advance permission from, or
Works Published Before 1978
registration with, the Copyright Office.
Until 1978, all works published in the
The extent to which you need to be
United States had to contain a valid
concerned with the material in this chapter copyright notice in order to be protected
depends upon your particular situation.
by copyright. Failure to provide the notice
Authors of books published by established
resulted in loss of the copyright in the
companies. As a practical matter, you don’t
work—that is, the work was injected into
have to worry much about the copyright
the public domain, meaning that anyone
notice if you’re being published by an estab- could copy or otherwise use it without the
lished publisher. The publisher, as a matter
author’s permission.
of course, will include copyright notices on
all copies of the books it distributes. The
EXAMPLE: Bernie self-published his poetry
author just needs to make sure that the
collection in 1977. He knew nothing about
information in the notice is correct.
copyright law and failed to provide a
Freelance writers. Freelance writers whose
copyright notice on the work. Shirley finds
work appears in print or online magazines
a copy of the collection in a used bookstore
and other periodicals, or established websites
in 2015 and decides to include several of
16 | THE COPYRIGHT HANDBOOK
Bernie’s poems in a compilation of modern
in Chapter 12, “International Copyright
American poetry. Since the book did not
Protection.” All you need to know about
contain a copyright notice, it is considered
it now is that it required the United States
to be in the public domain and Shirley may
to get rid of its notice requirement, which
reproduce all or part of it without Bernie’s
happened on March 1, 1989. Any work
permission.
printed after that date need not contain a
copyright notice, even if it was originally
published prior to that date.
Works Published Between
January 1, 1978 and March 1, 1989
EXAMPLE: George self-publishes a book
in 1988. The work had to contain a valid
As the example above illustrates, the
copyright notice to be protected by
pre-1978 notice requirement often had
copyright. He then reissues the book in 2015.
draconian results—authors could lose their
The newly printed copies need not contain
copyright protection just because they failed
a copyright notice, but it is a good idea to
to comply with a mere technical formality.
provide one, anyway (see below).
The harshness of this rule was moderated
somewhat by the Copyright Act of 1976,
which provided that a work without a valid Special Rules for Foreign Works
notice that was published after January 1,
Works by foreign citizens or residents
1978 did not enter the public domain if—
published in foreign countries without
within five years after the publication—the a copyright notice from January 1, 1978
work was registered with the Copyright
through March 1, 1989 entered the public
Office and a reasonable effort was made
domain under the law then in effect just
to add a valid notice to all copies of the
like any other work. However, as a result
work distributed after the omission was
of the GATT Agreement, an international
discovered. (See Chapter 3, “Copyright
trade agreement, the U.S. copyright in
Registration,” for a detailed discussion.)
these works has been automatically restored
effective January 1, 1996. (See Chapter 12.)
Works Published After March 1, 1989
The copyright notice requirement for
Why Provide a Copyright
published works ended altogether when the Notice on Published Works?
United States signed the Berne Convention,
an international copyright treaty. The
Even though a notice is not required for
Berne Convention is discussed in detail
works printed after March 1, 1989, you
CHAPTER 2 | COPYRIGHT NOTICE | 17
should still make sure that a valid copyright contain a copyright notice, the copier can notice appears on every copy of every work claim in court that the infringement was
you publish. There are several excellent
innocent—that is, the copier didn’t know
reasons for this.
the work was protected by copyright. If
the judge or jury believes this, the copier
Notice Makes Infringement
may still be liable for infringement, but the
Suits Economical y Feasible
damages (monetary compensation) may be
drastical y reduced from what they otherwise
Authors and other copyright owners
would have been. On the other hand, if there
enforce their copyright rights by suing
is a valid copyright notice on the work, the
persons who copy their work or otherwise
infringer cannot claim innocence and will be
infringe on their copyright rights without
treated as a wil ful infringer.
permission. Unfortunately, copyright
infringement litigation is usually very
EXAMPLE 1: Mary self-publishes a book
expensive (copyright attorneys usually
without a copyright notice. Izzy copies
charge at least $250 an hour). As a result,
a substantial amount of it in a book of
copyright infringement lawsuits may be
his own. Mary sues Izzy for copyright
economically feasible only if the author can
infringement. Mary proves to the court that
she suffered $25,000 in damages due to the
obtain substantial damages (money) from
infringement. However, Izzy, while admitting
the infringer.
that he copied Mary’s work, claims that he
The way to get substantial damages is to
did not realize it was copyrighted because
prove that the infringement was willful—
it lacked a copyright notice. The judge buys
that is, that the infringer knew that he or
Izzy’s story and as a result rules that Izzy
she was breaking the law but did so anyway.
need pay Mary only $5,000 in damages
Courts usually award far more damages
rather than the $25,000 required to ful y
where the infringement was willful than
compensate her.
where the infringer didn’t realize what he
or she was doing was wrong. (See Chapter
EXAMPLE 2: Assume instead that Mary
<
br /> 11, “Copyright Infringement,” for a detailed
included a valid copyright notice in her book.
discussion of infringement suits.)
She sues Izzy for copyright infringement.
Proving wil fulness can be difficult if a
Since her book contained a valid notice,
work lacks a valid copyright notice. The
Izzy cannot argue that he did not realize the
book was protected by copyright. As a result,
reason for this is what’s known as the
Mary is awarded the full amount of damages
innocent infringement defense. If a person
required to fully compensate her: $25,000.
copies a published work that does not
18 | THE COPYRIGHT HANDBOOK
Copyright Notice May Deter
When to Provide Notice
Potential Infringers
A copyright notice should be included on
Another important reason to place a
a work when it is first published and on
copyright notice on all copies of your
every subsequent published edition. A work
published work is that it may help deter
is published for copyright purposes when
copyright infringement. The notice lets
it is made generally available to the public
readers know that the work is protected by
by the copyright owner or others acting
copyright and may not be copied without
with the owner’s permission—a publisher,
the owner’s permission. Moreover, since
for example. It is not necessary to sell or
copyright notices appear on the vast
otherwise transfer any copies of the work—
majority of published works, a reader of
publication occurs if the work is made
a work not containing a notice might
available to the public without restriction.
mistakenly assume that the work is not
For example, leaving copies of a work in a
copyrighted and feel free to copy it.
public place would constitute publication, as
would distributing copies on a busy street.
Notice Protects Your Work in Countries But distributing copies to a restricted group Not Adhering to the Berne Convention
would not constitute publication. Sending
five copies of a manuscript to five publishers
The Copyright Handbook Page 4