copyright jargon—is a work that is created
may not be used without permission.
by recasting, transforming, or adapting
a previously published work into a new
Publication date
work of authorship. Examples include a
screenplay or play based on a novel, an
As with collective works, the publication
English translation of a work written in a
date in the notice for a derivative work
foreign language, condensed versions of
should be the year the derivative work
articles, such as those found in Reader’s
was published, not the year or years the
Digest, and annotations to literary works.
preexisting material was published.
Unless the preexisting material used by
EXAMPLE: Joe writes a play based on his
a derivative work is in the public domain
previously published novel. The novel was
or is owned by the creator of the derivative
published in 2017, the play in 2018. The
work, the creator must obtain the copyright
copyright notice on the published copies
owner’s permission to use it. (See Chapter 6,
of the play need only state 2018 as the
“Adaptations and Compilations.”)
publication date.
As with compilations, the copyright
The publication date for a website is the
notice for a derivative work need only
date you uploaded the work. If the work
contain the name of the owner of the
being uploaded has already been published in
copyright to the derivative work itself, not
a different medium, include that publication
the owner of the preexisting material upon
date as wel .
which the derivative work is based.
EXAMPLE: Sal y obtains Sue’s permission to
Works Containing United States
write a screenplay based on a novel written
Government Materials
by Sue. Only Sal y’s name need appear in the
copyright notice to the screenplay.
The rule that a single general notice is
sufficient for a compilation or derivative
Online works
work does not always apply to publications
incorporating U.S. government works.
Websites, blogs, and other online works
U.S. government publications are in the
are usually collective works. As with any
public domain—that is, they are not
collective work, a single notice in the name copyrighted and anyone can use them
of the copyright owner of the collective
without asking the federal government’s
work as a whole is sufficient. Notices are not permission. However, if a work consists
required for each individual contribution to preponderantly of one or more works by the
CHAPTER 2 | COPYRIGHT NOTICE | 25
U.S. government, the copyright notice must
Failure to follow this rule will result in
affirmatively or negatively identify those
the copyright notice being found invalid.
portions of the work in which copyright is
This means that an infringer of the material
claimed—that is, that part of the work not
in which you claim a copyright would be
consisting of U.S. government materials.
allowed to raise the innocent infringement
This enables readers of such works to know defense at trial.
which portions of the work are government
In addition, federal regulations require
materials in the public domain.
that when a contractor obtains ownership
It’s up to you to decide if your work
of a work created under a contract with a
consists preponderantly of U.S. government U.S. government civilian agency or NASA,
materials. Certainly, if more than half of
the copyright notice must acknowledge
your book or other work consists of federal
U.S. government sponsorship (including
government materials, your notice should
the contract number). The notice must
enable readers to determine which portions be on the work when it is delivered to the
of the work are copyrighted and which are
government, published, or deposited for
in the public domain.
registration with the U.S. Copyright Office.
(Federal Acquisition Regulation (FAR)
EXAMPLE: Databest Incorporated publishes a 52.227-14; www.acquisition.gov/Far.) Here’s book containing analyses of U.S. census data
and including several appendixes containing
a suggested format for such a notice:
U.S. Census Bureau material. The book is
a col ective work in which independently
COPYRIGHT STATUS: This work, authored by
created contributions have been combined
employees , was funded in whole or in
to form a collective whole. The appendixes
part by
under U.S.
amount to over half the book. The copyright
Government contract
,
notice for the work could state: “Copyright
and is, therefore, subject to the fol owing
© 2018 by Databest Incorporated. No
license: The Government is granted for itself
protection is claimed in works of the United
and others acting on its behalf a paid-up,
States government as set forth in Appendixes
nonexclusive, irrevocable worldwide license
1, 2, 3, 4, 6.” Alternatively, the notice could
in this work to reproduce, prepare derivative
affirmatively identify those portions of the
works, distribute copies to the public, and
work in which copyright is claimed—that is,
perform publicly and display publicly, by or
those portions not containing government
on behalf of the Government. All other rights
materials, say Chapters 1–10. In this event, the
are reserved by the copyright owner.
notice might look like this: “Copyright © 2018
by Databest Incorporated. Copyright claimed
in Chapters 1 through 10.”
26 | THE COPYRIGHT HANDBOOK
Book Dust Jackets
Where to Place Copyright Notice
The copyright notice contained in a book
Where to place your copyright notice
does not serve as notice for copyrightable
depends on the nature of the work. The
material on the dust jacket, even if the
main idea is to make it legible and readable
notice says so. This is because the dust
without the aid of a magnifying glass.
jacket is not permanently attached to the
Remember, you want the notice to be seen
book. If the dust jacket contains valuable
by the readers so that they will know that
material that you do not wish copied, it
the work is protected by copyright and who
should bear its own copyright notice. The
owns the copyright.
notice can be placed anywhere on the dust
jacket. Publishers often place it on the back Paper Books
cover or the back inside flap.
If the work is a paper book (bound or
unbound), booklet, pamph
let, or multipage
Multimedia Works
folder, place the copyright notice in one of
Multimedia works, or electronic books,
the following locations:
combine text with visual images (both still
• the title page
photos and video and film clips) and sound
• the page immediately following the
(including music, ordinary speech, and
title page (this is the most commonly
dramatic performances). Some multimedia
used location for books)
works consist of a printed text combined
• either side of the front cover
with software; others are software only.
• if there is no front cover, either side of
Where a work consists of a book and
the back leaf of the copies—that is, the
software, both should contain their own
hinged piece of paper at the end of a
copyright notice. The software should have
book or pamphlet consisting of at least
a label containing a notice. In addition, it’s
two pages
a good idea to include a notice on the title
• the first or last page of the main body
screen on the computer when the software
of the work
is activated, or in an “about” or credit box.
• if there are no more than ten pages
Alternatively, the notice could be displayed
between the front page and the first
on screen continuously when the software
page of the main body of the work,
is used.
on any page between the front page
CHAPTER 2 | COPYRIGHT NOTICE | 27
and the first page of the main body
• on the same page as the masthead,
of the work, provided that the notice
but not as part of the masthead itself,
is reproduced prominently and is set
provided that the notice is reproduced
apart from other matter on the page
prominently and set apart from the
where it appears, or
other matter appearing on the page, or
• if there are no more than ten pages
• adjacent to a prominent heading
between the last page and the main
appearing at or near the front of the
body of the work, on any page between
issue containing the periodical’s title
the last page of the main body of the
and any combination of the volume
work and the back page, provided that
and issue number and date of the issue.
the notice is reproduced prominently
and is set apart from other matter on
Online Works
the page where it appears.
There are no special rules about where
Electronic Books
notices should be placed on websites, blogs,
or other online works. If a website contains
The copyright notice for an electronic book
copyrighted materials, a copyright notice
(that is, a digital book that must be read on
should, at the very least, be placed on the
a Kindle, an iPad or another device) may be site’s home page. However, although likely
placed:
not required by law, it’s not a bad idea to
• with or near the title
place a notice on every page of a website.
• at or near the beginning of the work, or
• at or near the end of the work.
Individual Contributions
to Compilations
Magazines and Periodicals
As explained earlier, individual contributions
The copyright notice for a magazine,
to compilations normal y do not need to
periodical, newsletter, journal, or other
contain their own copyright notices; however,
serial publication may be placed in any of
it is permissible to provide one, anyway.
the locations provided for books (above), or:
• as part of, or adjacent to, the masthead Contributions of one page or less
(the masthead typically contains such
If the contribution consists of a single page
information as the periodical’s title,
or less, the optional copyright notice may
information about the staff, frequency be placed:
of issuance, and subscription policies)
• under the title of the contribution on
that page
28 | THE COPYRIGHT HANDBOOK
• adjacent to the contribution, or
EXAMPLE 1: The Nutne Reader, a literary
• on the same page if, through format or
magazine, publishes an article called
wording, it is clear that the notice applies
“Deconstructionism at a Crossroads” written
only to that particular contribution.
by Joe Fogel, a freelance literary critic. Joe
owns all the copyright rights in the article.
Contributions containing more than one page
Although the Nutne Reader contains its
own copyright notice, at Joe’s insistence it
If the contribution contains more than one
prints the fol owing notice on the same page
page, the optional copyright notice may be
containing the copyright notice for the Nutne
placed:
Reader as a whole: “‘Deconstructionism at a
• under a title appearing at or near the
Crossroads’ Copyright © 2018 by Joe Fogel.”
beginning of the contribution
• on the first page of the main body of
EXAMPLE 2: Praetorian Publishing, Inc.,
the contribution
publishes a new translation of Caesar’s
• immediately following the end of the
Gallic Wars. The book also contains many
contribution, or
new il ustrations. The translation was done
• on any of the pages where the contribu-
by Gus Augustus and the il ustrations
tion appears if it is less than 20 pages
by Rene Renoir. Gus and Rene have sold
and the notice is prominent and set apart
Praetorian only the right to publish their
from the other matter on that page.
work in the United States and have retained
their other copyright rights. The copyright
On same page as copyright
notice for this compilation, combining
notice for compilation
Gus’s translation with Rene’s il ustrations to
form a collective whole, could simply state
Regardless of the individual contribution’s
“Copyright © 2018 by Praetorian Publishing.”
length, the copyright notice may always be
However, if they so wish and Praetorian
placed on the same page as the copyright
agrees, separate notices can also be provided
notice for the compilation as a whole or in a
for Gus’s and Rene’s contributions. If these
table of contents or list of acknowledgments
notices were placed on the same page as
appearing near the front or back of the
Praetorian’s notice, the copyright notice
compilation. However, the contribution
would look like this:
must be listed separately by title or, if
it’s untitled, by a description reaso
nably
Copyright © 2018 by Praetorian Publishing.
identifying it. These locations may be the
Translation copyright © 2018 by Gus
most convenient if you need to include a
Augustus. Il ustrations copyright © 2018
large number of copyright notices.
by Rene Renoir.
CHAPTER 2 | COPYRIGHT NOTICE | 29
Single-Leaf Works
It does not cost anything (apart from page
space) to place this type of statement near
A single-leaf work is a work consisting of
the copyright notice, and it may help deter
one page, whether printed on one or both
copyright infringement. But remember,
sides. A book dust jacket is a good example. such statements do not take the place of a
The copyright notice for a single-leaf work
valid copyright notice as described earlier in
may be placed anywhere on the front or
this chapter.
back of the work.
Statements commonly used in books
Other Information Near the Notice Here are some examples of warning state-
ments that are commonly used in books:
Certain other information, in addition to
the copyright notice itself, is commonly
included on the same page as the notice.
Except as permitted under the Copyright
Act of 1976, no part of this book may be
reproduced in any form or by any electronic
“All Rights Reserved”
or mechanical means, including the use of
The words “All rights reserved” used to be
information storage and retrieval systems,
necessary in a copyright notice in order to
without permission in writing from the
obtain copyright protection in Bolivia and
copyright owner. [ Some publishers add:
Honduras. This is no longer the case. You
Requests for permissions should be
addressed in writing to [
do not need to include these words in a
publisher’s name
and address].]
copyright notice. However, some publishers
include them anyway out of force of habit.
This does no harm.
Or, more simply:
Except as permitted under the Copyright Act
Warning Statements
of 1976, this book may not be reproduced in
Since many people do not really understand
whole or in part in any manner.
what a copyright notice means, many
publishers include various types of warning Screenplays and stage plays
or explanatory statements on the same
page as the copyright notice. The purpose
The Copyright Handbook Page 6