APPENDIX | HOW TO USE THE DOWNLOADABLE FORMS ON THE NOLO WEBSITE | 401
List of Forms
The following files are RTFs:
Form Name
File Name
Work-Made-for-Hire Agreement
Agreement.rtf
Copyright Assignment
Assignment.rtf
Collaboration Agreement
Col aboration.rtf
Copyright License
Copyright.rtf
Counter-Notification in Response to Claim of Copyright Infringement
Counter.rtf
Work-for-Hire Letter Agreement
Letter.rtf
Notice of Claimed Copyright Infringement
Notice.rtf
Copyright Permission Request Letter
Permission.rtf
Text Permission Agreement
TextAgreement.rtf
Text Permission Letter Agreement
TextLetter.rtf
Fair Use Checklist
FairUse.rtf
The following files are PDFs:
Form Name
File Name
Sonny Bono Copyright Extension Act
bono.pdf
Digital Millennium Copyright Act of 1998
dmca.pdf
Form NLA
nla.pdf
Form NLA/CON
nlacon.pdf
l
Index
A
to periodical publishers, 214, 215–216,
Abridgments, 148. See also Derivative works
362–363
Academic institutions. See Educational
See also Assignments of copyright
institutions
All world rights, 214, 215–216, 369, 381
Academic writings. See Scholarly writings
All world serial rights (periodical publishers),
Actual damages
214–215, 362–363
for DMCA violations, 298
American Society of Journalists and Authors,
infringement claims, 39, 47, 302, 304, 305
221, 368
See also Copyright infringement remedies
Amount and substantiality of the portion used
Adaptation rights, 4, 131, 133, 149, 150
(fair use determinations)
subsidiary rights (book publishers), 217–218
basics, 251, 253, 259–260
See also Derivative works
copying by individuals, 263
Adaptations. See Derivative works
copying by libraries and archives, 267,
Address changes, filing with Copyright Office,
268–269
103
copying by teachers for classroom purposes,
Advertisements and advertising copy, 23, 78,
264–265, 266
113, 256, 375
evaluation checklist, 254
Afterwords, 171. See also Supplemental works
parodies, 272, 274
Agreements
Annotations and editorial notes, 52, 148–149,
copyright ownership agreements between
158, 171. See also Derivative works
spouses, 226
Anonymous authorship and works, 21, 57–58,
to protect compilations, 158
232–233, 236, 338
to protect ideas, 10–11
Anthologies. See Collective works;
regarding ownership of employee-created
Compilations
works, 167, 168, 179
Appeals, of registration application denials,
See also Collaboration agreements;
90–91
International copyright protection;
Appendixes, 171. See also Supplemental works
Licenses; Permission agreements; Publishing Arbitration provisions
agreements; Settlement agreements; Transfer
collaboration agreements, 197, 198
agreements; Work-made-for-hire agreements
work-made-for-hire agreements, 178, 183
“All rights reserved” statements, 29
Architectural works, 114, 294
All rights transfers
Archives and archival purposes. See Libraries;
to book publishers, 218
Preservation purposes
Arrangement. See Selection and arrangement
404 | THE COPYRIGHT HANDBOOK
Artworks
Audits, IRS, 355
copyright protection for, 2, 114
Authorized agents, for copyright registration,
copyright registration and, 46, 48–49, 69
43, 45, 105
See also Illustrations; Moral rights; Visual
Authors and authorship
works
anonymous and pseudonymous authorship,
Assignment and delegation provisions
21, 57–58, 232–234, 236, 338
collaboration agreements, 196, 197, 198
copyright registration by, 43, 44
work-made-for-hire agreements, 177, 183, 185
individual authorship and copyright
Assignments of copyright
ownership, 162–163
as alternative to work-made-for-hire
locating and contacting, for permissions,
arrangements, 171, 172, 179, 184–186
368–370
basics, 203, 205
names of, in copyright notice, 20, 21, 22, 97,
sample letter agreement for, 185–186
102
sublicensing rights and, 208, 209
names of, on registration applications, 57–58,
termination rights of authors, 186, 210–212
66, 68, 103–104, 106
See also Copyright transfers; Transfer
rights retained after transfers, 208–214
agreements
types of, 162
Atlases, 171
of works made for hire, 163
Attorneys. See Lawyers
See also Attribution; Book authors; Freelance
Attorneys’ fees and court costs recovery
writers; Jointly authored works; Works made
(infringement claims), 39, 41, 302, 305–306,
for hire
310, 396–397
Authors Guild, 221, 222
Attribution
Author’s Registry, 368
collaboration agreement provisions, 192, 193
Creative Commons licenses requiring,
B
364–365
Bar codes, 31
infringement/fair use and, 258, 280
Behavior test (IRS hobby business
in permission agreements, 376
determinations), 349–354
for sources of uncopyrightable ideas and
Berne Convention
facts, 280
basics, 16, 324–326, 327
works made for hire, 172
copyright restoration for foreign works and,
Audiovisual works
330
commissioned contributions as works made
moral rights and, 213–214, 325
for hire, 171
Berne era copies, copyright notice errors or
copyright protection for, 2, 114
omissions, 97
deposit requirements, 78
Best edition of the work requirement
online video, 133, 134
(Copyright Office deposits), 76–77, 78, 79
what constitutes performance, 134
Bibliographies, 49, 54, 156, 158, 171. See also
See also Multimedia works; specific types
Fact compilations
INDEX | 405
Bilateral copyright treaties, 328, 329
and publication for copyright purposes, 237,
Bing Ads, 318
372
Biographies
as public display or performance, 133�
��134
use of unpublished letters and diaries in,
Business entities
257–259
as copyright owners, 22, 57, 163
See also Factual works
corporations exempted from 1099 reporting,
Blank forms, 113, 121–122, 152
357–358
Blind persons
copies for, 275
C
ebooks and assistive technologies, 321
Calligraphic copies, 275
Blogs, 114, 140, 351–352. See also Online works
Canadian copyright law, 332, 336–341
Book authors
Capital expenses, 356–357. See also Taxes
copyright notice and, 15, 21–22, 28
Capital gains taxes, 358–359
copyright transfers between publishers and,
Cataloging in Publication (CIP) program, 32
217–218
Catalog numbers (Library of Congress), 31–32
See also Books; Publishers; Publishing
Catalogs and directories, 113, 130, 152, 153,
agreements
155, 156. See also Fact compilations
Book design, 128
CCC (Copyright Clearance Center), 363, 365,
Book numbers, 31–32, 56–57, 375
368, 369
Books
CCE (Copyright Office Catalog of Copyright
cookbooks, 113
Entries), 239–240
copyright warning statements in, 29
CD-ROMs. See Database contents; Digital
digitized books online, 141–142
copies; Electronic databases; Multimedia
dust jackets, 26, 29, 46, 48–49
works
ISBNs, 31, 32, 56–57, 375
Cease and desist letters
LCCNs for, 31–32
if you receive one, 306
permission fees for using text in, 381
to infringers, 290–293, 314, 315–316
proposals, outlines, and sample chapters, 43
Certificate of copyright registration, 62, 66, 83,
selling copies of, 132
102
where to place copyright notice, 26–27
preregistration of unpublished works, 88
See also Ebooks
registration number on, 105
Bookstores, liability for infringement, 301
supplemental registration, 102, 107
Braille copies, 275
Characters, fictional, 125, 126–127, 283–284,
Breach of contract, plagiarism as, 281
286, 289
Broadcasts
Checks, work-made-for-hire language on, 174
copyright duration, 338
Choreographic works, 114
moral rights and, 214
CIP (Cataloging in Publication) program, 32
permission to use interview transcripts,
Coauthors. See Jointly authored works
370–371
Code. See Computer code; Software
406 | THE COPYRIGHT HANDBOOK
Collaboration agreements, 188
effect of use on the market for derivative
if there is none, 198–200
works, 261, 274
key provisions and sample agreement,
evaluation checklist, 255
189–198
parodies, 274, 275
Collective rights agencies, 221
unpublished material, 259
Collective works
Commissioned works, 162, 163, 164, 170–173
basics, 22–23, 152–153, 158–159
if a work does not satisfy work-made-for-hire
in compilations, 158–159
requirements, 179, 184
copyright notice and, 23, 27–28
See also Work-made-for-hire agreements;
and copyright protection for preexisting
Works made for hire
materials, 159–160
Common law copyright, 111–112, 372
copyright registration, 160
Community property law, copyright ownership
copyright registration for individual
and transfers and, 162, 224–226
contributions, 50, 62–63, 69–72, 77
Compilations, 152–160
databases as, 139
based on public domain materials, 23,
electronic rights ownership and transfers,
24–25, 152, 157, 159
219–220, 311, 363
basics, 6, 54, 152–153
extent of copyright protection, 153–154,
of blank forms, 122, 152
158–160
copyright notice and, 22–23, 24–25, 27–28
individual contributions as works made for
and copyright protection for preexisting
hire, 170–171, 216, 219, 220
materials, 159–160
online works as, 24
databases as, 139
vs. jointly authored works, 188–189
de minimis compilations, 157
See also Compilations; Database contents;
extent of copyright protection, 112, 153–158
Periodicals; other specific types
non-copyright protections for, 158
Comment. See Annotations; Criticism and
registration of, 54, 157, 160
comment; Parody
of U.S. government materials, 24–25
Commercial purposes
websites as, 139
fair use and, 134, 255–256, 263, 267, 272,
as works made for hire, 171
275
See also Collective works; Database contents;
permissions and, 370, 373, 381
Derivative works; Fact compilations; other
See also Financial gain
specific types
Commercial value of copyrighted work,
Computer code
damages and. See Actual damages
copyright protection for, 139
Commercial value of copyrighted work, fair use
depositing source or object code (copyright
and, 251, 253
registration), 79–80
basics, 260–261
Computer software. See Software
copying for classroom purposes, 265–266
Concerts. See Broadcasts; Sound recordings
INDEX | 407
Condensed versions, 6, 148. See also Derivative
See also Copyright infringement; Deposits;
works
Digital copies; Fair use; Photocopies;
Confidentiality
Verbatim copying
provisions in work-made-for-hire agreements, Copyright Act, researching, 394, 395
177, 182
Copyright basics, 3–11
trade secret protection, 2, 9, 10, 79–80
common misperceptions, 5
Contracts. See Agreements; specific agreement
copyright defined, 4
types
creation of copyright, 5
Contributory infringement, 312–314. See also
duration of copyright, 8
ISPs
governing law, 4, 111–112
CONTU (National Commission on New
infringement basics, 8
Technological Uses for Copyrighted Works),
limits of copyright protection, 6–7
269–270
notice and registration basics, 6
Cookbooks, 113
other legal protections for intellectual
Copies and copying
property, 8–11
for the blind, 275
ownership and transfer basics, 7–8
calligraphic copies, 275
publication basics, 5
copying as infringement mechanism,
purpose of copyright law, 3
279–280, 28
2–289
what is protected, 6
distribution of, as publication, 5, 18, 41–42,
Copyright claimants
88, 377
on copyright registration applications,
linking to unauthorized copies, 135
58–60, 66, 68, 103, 104, 106
the merger doctrine, 116–118, 122, 290
for periodicals, 65, 66, 68
of online works, making or saving, 41–42,
registration and supplemental registration
131, 132–134, 137
rights, 105
paraphrasing and infringement, 284, 285,
Copyright Clearance Center (CCC), 363, 365,
286, 287–289, 290
368, 369
plagiarism, 280–281
Copyright duration and expiration, 229–247
posting or linking to copyrighted materials
anonymous and pseudonymous works,
online, 135–137, 138
232–234, 236
renting or lending copies of protected works,
basics, 8, 230
132
Berne Convention countries, 325, 326
reproduction and distribution rights of
charts summarizing, 241, 326
copyright owners, 4, 130, 131, 132–133
copyright transfers and, 207–208, 230
selling copies of protected works, 132,
derivative works, 245
206–207
end of calendar year rule, 234
unconscious/unintentional copying, 112,
extensions of renewal terms for pre-1978
261, 279–280, 307
works, 236–237, 238, 245–246
408 | THE COPYRIGHT HANDBOOK
extensions under Sonny Bono Copyright
and liability for removal of copyright
Term Extension Act, 230, 238, 245
management information, 258, 294, 297–298
foreign works and international law,
likelihood of, 47, 92
241–244, 325, 326, 332, 337–339
notice as deterrent, 18, 23, 32–33
jointly authored works, 231–232, 233
online infringement overview, 310–314
online duration calculators, 230
preventing online infringement with licenses
terminations of pre-1978 transfers of renewal
or technology, 319–322
term rights, 245–247
registration as deterrent, 42
unpublished works, 231, 234–236, 237, 241
responding to online infringement, 314–319
U.S. works published or registered before
restored foreign works, 333–335
1978, 8, 236–241
self-help responses, 279, 290–293, 295, 296,
what happens at expiration, 7, 123, 230
314, 315–322
works created but not published or registered
unauthorized changes as, 213, 214
before 1978, 8, 234–236, 241
vs. plagiarism, 280–281
works created in 1978 or later, 8, 230–234,
warning statements about, 29–30, 42
241
who is liable for, 300–301
works made for hire, 8, 186, 231, 232, 234,
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