Copyright and the Public Domain, by Stephen
Fishman (Law Journal Seminars Press).
CHAPTER 15 | HELP BEYOND THIS BOOK | 393
If you are interested in copyright protection
Forms. If you need sample agreements or
in the United States for works by foreign
other forms, consult Lindey on Entertain-
authors, or protection in other countries for ment, Publishing and the Arts, by Alexander works by Americans, the best starting point Lindey and Michael Landau (Thomson
for your research is International Copyright, Reuters). The first volume of this four-by Paul Goldstein and Bernt Hugenholtz
volume work contains sample forms on
(Oxford University Press).
every aspect of publishing.
Copyright Law Reporter. For the most
recent information available on copyright,
Copyright Resources
consult the Copyright Law Reporter, a
on the Internet
weekly loose-leaf service published by
Commerce Clearing House (CCH). It
The Copyright Office has its own website
contains the full text or summaries of
under the aegis of the Library of Congress
recent copyright-related court decisions and
(www.copyright.gov). You can read and
relevant discussions of new developments in
download frequently requested Copyright
copyright law.
Office circulars, announcements, and the
Law review articles. If you have a very
most recent proposed and final Copyright
unusual copyright problem that is not
Office regulations. You can also access
covered by Nimmer, Patry, or other books
original and renewal registrations from
on copyright law, or a problem in an
1978 to the present.
area in which the law has changed very
Other copyright information is available
recently, the best sources of available
at other sites, including copies of the
information may be articles appearing in
Copyright Act, court decisions involving
scholarly journals called law reviews. You
copyright, and articles on various copyright
can find citations to all the law review
topics. A Google search will reveal
articles on a particular topic by looking
thousands of copyright resources.
under “Copyright” in the Index to Legal
Periodicals or Current Law Index. A key to
the abbreviations used in these indexes is
located at the front of each index volume.
Primary Source Materials
Substantial collections of law reviews are
on Copyright
usually found only in large public law
Here’s where to go for information straight
libraries or university libraries.
from a court or regulatory body.
394 | THE COPYRIGHT HANDBOOK
CAUTION
text of court decisions using Google Scholar
If you attempt legal research
(https://scholar.google.com). Searches using
yourself, be aware that interpreting statutes
keywords like “copyright” or “copyright
and cases can be difficult without legal training infringement” will yield many relevant cases.
and a specific background in the area being
researched. Before you act on anything you find
in the law library, consult with a knowledgeable
Finding a Copyright Lawyer
attorney.
Copyright law is a highly specialized field,
and copyright attorneys know the area
Statutes. The primary law governing all
better than other lawyers. If you don’t
copyrights in the United States after January 1, know of a good copyright attorney, you
1978, is the Copyright Act of 1976. The
may be able to find one through your
Copyright Act is located in Title 17 of the
publisher, your literary agent, or other
United States Code. A copy of the Copyright writers you know. Writers groups are also
Act can be found on the Copyright Office
an excellent source of referrals to copyright
website (www.copyright.gov).
attorneys, and many such groups can be
Regulations. The United States Copyright
found in the publication Literary Market
Office has issued regulations that implement Place (www.literarymarketplace.com).
the copyright statutes and establish the
In addition, attorneys in many cities
procedures that must be followed to register throughout the country operate volunteer
a work. These regulations can be found
legal aid groups that help artists and writers
on the Copyright Office website at www.
resolve their legal problems. These groups
copyright.gov.
usual y work like this: You’ll be asked to pay
Court decisions. There are several ways
a small fee to be interviewed by a paralegal
to find court decisions on a particular
or other nonattorney volunteer. If your gross
legal issue. As mentioned above, intensive
household income is below a specified level
background sources, such as Nimmer on
(the exact amount varies among the legal aid
Copyright, the Copyright Law Reporter,
offices), and you have a problem that requires
and law review articles, contain many case
legal assistance, you will be referred to an
citations. In addition, the United States
attorney who will represent you free of charge
Code Annotated and United States Code
(except for direct out-of-pocket expenses such
Service both cite and briefly summarize
as filing fees, photocopying, long-distance
all the decisions relevant to each section
phone cal s, and so forth). However, even if
of the Copyright Act of 1976. These are
you earn too much to qualify for free legal
located just after each section of the act.
assistance, these groups should be able to refer
You can do free online searches of the full
you to an experienced copyright attorney.
CHAPTER 15 | HELP BEYOND THIS BOOK | 395
Copyright Act Citation Guide
To avoid numerous footnotes, we have not provided Listed below are all the sections of the Copyright Act extensive citations to the Copyright Act in the text. that have been discussed in this book.
Subject Matter and Scope of Copyright
Copyright Duration
Sec. 101
Legal definitions of compilation,
Sec. 301
Copyright Act preempts other
work made for hire, derivative
federal and state laws
work, and other copyright
terms; works covered by Berne
Sec. 302
Post-1977 works
Convention
Sec. 303
Works created but not published
Sec. 102
General definition of what is
before 1978
protected by copyright
Sec. 304
Pre-1978 works
Sec. 103
Extent of protection for
Sec. 305
Year-end termination rule
compilations and derivati
ve works
Notice, Deposit, and Registration
Sec. 104
Effect of author’s national origin;
Sec. 401
Notice requirements in general
impact of Berne Convention
Sec. 403
Notice for works containing U.S.
Sec. 104A
Copyright renewal
government works
Sec. 105
No copyright in U.S. government
Sec. 404
Notice for contributions to
works
collective works
Sec. 106
Copyright owners’ five exclusive
Sec. 405
Omission of notice
rights
Sec. 406
Error in name or date
Sec. 107
Fair use privilege
Sec. 407
Deposit requirements
Sec. 108
Photocopying by libraries and
archives
Sec. 408–410 Copyright registration
Sec. 109
First sale rule
Sec. 411
Registration as prerequisite to
infringement suit
Sec. 110
Performances and displays not
constituting infringement
Sec. 412
Registration as prerequisite to
statutory damages and attorneys’
Copyright Ownership and Transfer
fees
Sec. 201
General ownership provisions
Copyright Infringement and Remedies
Sec. 202
Ownership of copyright distinct
Sec. 501
What constitutes copyright
from ownership of material object
infringement
Sec. 203
Termination of transfers and
Sec. 502–505 Remedies for infringement
licenses
Sec. 506
Criminal liability
Sec. 204
Execution of transfers
Sec. 507
Statute of limitations on
Sec. 205
Recordation of transfers
infringement suits
396 | THE COPYRIGHT HANDBOOK
You don’t have to use the legal aid group
Intellectual Property Lawyers
located nearest to where you live. If you
don’t qualify for free assistance from the
Copyright is part of a larger specialty known as
group nearest you, a group in a different
intel ectual property law, which also includes
part of the country may have a higher
patents and trademarks. Many lawyers who
income-eligibility requirement that you’re
advertise as intellectual property lawyers can
able to meet. California Lawyers for the
competently handle all three types of cases.
Arts has no means test at all. The only
But some are primarily patent attorneys who
drawback to using these volunteer groups
don’t put much effort into the copyright side
is that it usually takes about three to five
of their practice. If you are shopping for a
weeks for a volunteer attorney to get around
copyright lawyer, do your best to find someone
to helping you.
who specializes primarily in copyrights.
Paying an Attorney
What about defendants in copyright
If you don’t qualify for, or are unable to
infringement suits? If you are sued for
obtain, free legal assistance, you’ll quickly
infringement and prevail at trial, the judge
discover that experts don’t come cheap.
can order the losing plaintiff to pay all or
Most copyright attorneys charge at least
part of your attorneys’ fees. In the past,
$250 per hour. Unless you are wealthy or
many courts would award such fees to
own a very valuable work, any copyright
a defendant only if they found that the
infringement action is likely to cost more
plaintiff’s suit was frivolous or brought in
than you can afford to pay out of your own
bad faith. But these courts would not require
pocket. However, if your work was timely
this in making fee awards to plaintiffs. In
registered and you win your suit, the judge
1994, the Supreme Court held that this
has discretion to order the defendant to pay
approach was incorrect and that fees must
your attorneys’ fees. The amount of such an
be awarded to plaintiffs and defendants in
award is completely up to the judge; the only an evenhanded manner. In other words,
restriction is that the award be reasonable.
the same criteria must be applied to both
If you have a good case and the defendant
plaintiffs and defendants. ( Fogerty v. Fantasy,
can afford to pay such fees and damages, an
Inc. , 114 S.Ct. 1023 (1994).)
attorney might agree to take your case on a
The criteria some courts use to decide
contingency basis—that is, col ect his or her whether to award attorneys’ fees to the
fees from any damages or fees that the court winning side include whether the losing
ultimately awards if your suit is successful.
party’s suit was frivolous or brought in bad
CHAPTER 15 | HELP BEYOND THIS BOOK | 397
faith, or whether the losing party otherwise ext. 1; call between 10 a.m. and 6 p.m.
acted unreasonably. Many courts will be
Eastern time, Monday through Friday.
especially likely to award fees to a prevailing
At least 28 states have organizations that
party whose actions helped to advance
provide legal services and information to
the copyright law or defend or establish
the arts community at a reduced rate. You
important legal principles.
can find links to their websites at http://
Copyright and contract information
bcgattorneys.com/volunteer-lawyers-for-
hotline. The New York Volunteer Lawyers
the-arts-organizations/. Other contact
for the Arts operates a hotline that authors
information for these kinds of organizations
and artists may call to obtain answers to
is available at: https://en.wikipedia.org/wiki/
questions on copyright and publishing
Volunteer_Lawyers_for_the_Arts.
contracts. The phone number is 212-319-2787,
■l
A P P E N D I X
How to Use the Downloadable
Forms on the Nolo website
A
Editing RTFs ................................................................................................................................................400
List of Forms ............................................................................................................................................... 401
Get Forms, Updates, and More at
The Copyright Handbook’s Companion Page
You can download all of the forms in this book at The Copyright Handbook’s
companion page on Nolo’s website (free for readers of this book) at:
www.nolo.com/back-of-book/COHA.html
In addition, when there are important changes to the information in this book,
we’ll post updates at the companion page, a
s well as podcasts from the author,
Stephen Fishman.
400 | THE COPYRIGHT HANDBOOK
T his book comes with forms and do this by highlighting the underlined
downloadable files that you can
portion and typing CTRL-U.
access online at:
• Bracketed and italicized text. Bracketed
www.nolo.com/back-of-book/COHA.html
and italicized text indicates instructions.
To use the files, your computer must have
Be sure to remove all instructional text
specific software programs installed. Here is
before you finalize your document.
a list of types of files provided by this book,
• Optional text. Optional text gives you
as well as the software programs you’ll need
the choice to include or exclude text.
to access them:
Delete any optional text you don’t
• RTF. You can open, edit, print, and
want to use. Renumber numbered
save these form files with most word
items, if necessary.
processing programs such as Microsoft
• Alternative text. Alternative text gives
Word, Windows WordPad, and recent
you the choice between two or more
versions of WordPerfect.
text options. Delete those options
• PDF. You can view these files with Adobe
you don’t want to use. Renumber
Reader, free software from www.adobe.
numbered items, if necessary.
com. Government PDFs are sometimes
• Signature lines. Signature lines should
fil able using your computer, but most
appear on a page with at least some
PDFs are designed to be printed out and
text from the document itself.
completed by hand.
Every word processing program uses
different commands to open, format,
save, and print documents, so refer to
Editing RTFs
your software’s help documents for help
Here are some general instructions about
using your program. Nolo cannot provide
editing RTF forms in your word processing technical support for questions about how
program. Refer to the book’s instructions
to use your computer or your software.
and sample agreements for help about what
should go in each blank:
CAUTION
• Underlines. Underlines indicate where
to enter information. After fil ing in the
In accordance with U.S. copyright
needed text, delete the underline. In
laws, the forms provided by this book are for
most word processing programs you can your personal use only.
The Copyright Handbook Page 68