willful vs. innocent, 17, 18, 32, 47, 280, 300
236, 241
See also Copyright infringement claims;
See also Copyright renewal; Copyright
Copyright infringement remedies; Fair use;
restoration
Online infringement; Permissions
Copyright extension. See Copyright duration
Copyright infringement claims
and expiration; Copyright restoration
against foreign infringers, 325, 326, 327–328
Copyright infringement, 277–322
against online infringers, 315, 316, 319
bad-faith or false accusations of, 306, 315,
basics, 279
396
defenses to, 306–309
basics, 8, 279–281
deposits as evidence in, 91, 92
contributory infringement, 312–314
DMCA takedown notices, 316–319
criminal prosecutions and penalties, 299–300
DMCA violations and, 297–298
determining whether you have a valid
if your registration application has been
infringement claim, 281–289
denied, 91
foreign protection for U.S. works, 324–328,
infringement of restored foreign works,
336–341
333–335
if you are accused of infringement, 306–310
involving unpublished works, 33, 41, 42–43,
if you use material after failing to locate
85–86, 87, 282
rights holder, 376–378
legal elements which must be proven, 281–289
infringement lawsuit overview, 293–302
licensees’ right to file, 204
infringement remedy overview, 302–306
omission of copyright notice and, 17, 99, 305
legal copying without permission, 290
overview, 293–302
INDEX | 409
potential costs of, 17, 39, 305–306, 309–310,
willful vs. innocent infringement, 17, 47,
378
299–300, 305
protecting against, 310
Copyright licenses
registration and, 38, 39–41, 44–45, 46, 47, 50
Creative Commons licenses, 30, 364–365
registration as prerequisite for, 38, 39, 41, 50,
exclusive license basics, 203, 204–205
83, 85–86, 330, 335
implied licenses, 120, 137, 179, 206
requesting expedited registration processing,
joint authorship and, 199
83–85
licenses to protect compilations, 158
statute of limitations, 290, 301–302, 308
nonexclusive license basics, 203, 205–206
summary judgment motions, 309–310
omission of notice by licensees, 100
trial dates, 303
restrictive licenses for electronic or online
warranty and indemnity provisions in
materials, 132–133, 319–320
collaboration and publishing agreements,
and standing to sue for infringement, 293
195, 196, 281
sublicensing rights, 208–210
warranty provisions in permission
See also Copyright licenses; Exclusive
agreements, 369, 371, 385, 386
licenses; Nonexclusive licenses; Permission
where lawsuits are filed, 93, 327–328
agreements; Transfer agreements
who may file suit, 293–294
Copyright management information removal,
who you may sue, 300–301
258, 294, 297–298, 327. See also Digital
See also Copyright infringement; Copyright
Millennium Copyright Act
infringement remedies
Copyright notice, 13–33
Copyright infringement remedies
anonymous authors, 21
actual damages and infringer’s profits, 39, 47,
basics, 6, 15
302, 304, 305
benefits of providing when not required, 15,
attorneys’ fees and court costs recovery, 39,
16–18
41, 302, 305–306, 310, 396–397
book dust jackets, 26, 29
basics, 8, 302–306
on compilations and derivative works, 19–20,
damages basics, 302, 303–304
22–25
destruction of infringing works, 305
copyright owner’s name in, 20–22, 97, 102
DMCA violations and, 298
electronic databases, 80–81
in foreign countries, 326, 328
errors in or omissions of, 15–16, 17, 97–102,
injunctive relief, 302–303, 319, 326
143, 243–244, 305
multiple statutory damages awards, 47,
filing a notice to libraries with the Copyright
304–305
Office, 271
notice errors or omissions and, 17, 99, 305
foreign works, 16, 99, 100, 242–244, 330
statutory damages basics, 39–40, 302,
including on photocopies, 266, 268
304–305
individual contributions to compilations, 23,
timely registration and statutory damages
27–28
eligibility, 39–42, 44–45, 71–72, 83, 304
on multimedia works, 26
410 | THE COPYRIGHT HANDBOOK
for online works, 15, 18, 24, 27, 30
in unpublished letters, 163, 371
optional for works published after
U.S. government contractors, 25, 123
March 1, 1989, 5, 6, 15, 16
when a commissioned work does not satisfy
other information which may appear with,
work-made-for-hire requirements, 179, 184
19, 29–32
works made for hire basics, 163, 179, 184
publication date in, 19–20, 23, 24, 101
written policies of colleges and universities,
registration renewal date in, 239
169–170
removal or alteration of, 255, 258, 294,
See also Copyright transfers; Jointly authored
297–298
works; Permissions; Rights of copyright
required form of, 15, 19–22, 97, 101–102
owners; Works made for hire
symbol for, 6, 15, 19, 97, 101
Copyright permissions. See Permissions
on unpublished works, 18, 32–33
Copyright registration, 35–94
when it is required, 15–16
attorneys’ fees recovery and (infringement
when to provide, 18
claims), 39–41, 302, 305–306
where to place, 26–29
basics and benefits of, 6, 38–43, 54–55, 227
See also Copyright management information;
blank forms, 122
Copyright restoration
certification of, 61, 62, 66, 83, 88
Copyright Office Catalog of Copyright Entries
as demonstration of profit motive, 351
(CCE), 239–240
derivative works and compilations, 52–54,
Copyright ownership, 161–200
60–61, 151–152, 157, 160
basics, 7–8, 162
effective date of, 39, 83, 88–89
compilations of preexisting materials, 23
foreign works, 38, 67, 330, 335–336
cover art and promotional copy, 48–49
getting help, 55
determining ownership for purposes of
how to register, 38, 54–94
getting permission, 362–363
individual contributions to collective works
electronic rig
hts, 218–219, 311, 363
and periodicals, 50, 62–63, 69–72, 77
exclusive rights of copyright owners, 4, 44,
international copyright protection and, 325,
130–134, 203, 251–252
331, 335–336, 340
individual authors, 43, 162, 163
multiple registrations for the same work,
jointly authored works, 162, 186–188, 191,
51–52
192, 199
online registration, 38, 54, 55–62
locating rights holders to obtain permissions,
optional for copyright protection, 5, 38
366–375
preregistering unpublished works, 41, 85–88
marital property law and, 162, 224–226
as prerequisite for infringement claim filing,
registration rights and, 43–46
38, 39, 41, 50, 83, 85–86, 330, 335
restored foreign works, 333
as proof of independent creation, 307, 310
speeches, 372–373
recordation and, 227, 228
and standing to sue for infringement, 293
registering multiple works of authorship as a
under Canadian law, 339
single unit, 46–52
INDEX | 411
registration options, 54–55
registering periodicals, 50, 62–69, 77
regular registration of unpublished works,
restored foreign works, 335–336
42–43, 51, 57, 72, 86, 87
supplemental registrations, 105–107
regular registration of unpublished works
using paper application forms, 55, 62, 82
under old law, 237
See also Copyright registration fees; Deposits;
renewal registrations under old law, 236–237
Group registrations; Single-unit registration
supplemental registration, 51, 94, 102–107,
Copyright registration fees
212
basic amounts, 54, 61
timely registration and infringement
in Canada, 340
remedies, 39–42, 44–45, 71–72, 83, 304
checking for changes, 82
who may register, 43–46
expedited registration, 83
works made for hire, 44, 57, 59, 63–64
full-term deposit retention fee, 91
works published without copyright notice
group registrations for periodicals, 66, 67, 70
between 1978 and March 1, 1989, 16
how to pay, 61, 82
See also Copyright registration applications;
individual vs. group registrations, 47, 69–70
Group registrations; Single-unit registration
preregistration of unpublished works, 87
Copyright registration applications, 54–94
restored foreign works, 335
basics, 38, 54–55
Copyright renewal
common errors and omissions, 89–90
automatic renewal for works published from
Copyright Office review and processing, 62,
1964 through 1977, 237, 238, 241
83, 88–90, 103
basics, 8, 236–237, 238
correcting errors before approval of
copyright restoration for foreign works and,
registration, 89, 90
331
database contents, 75–76
failure to renew, 123, 236, 238, 331
denials of, 89, 90–91
foreign works, 331
deposit requirement basics, 76–81
researching renewal records, 239–240, 375
expedited registration, 38, 61, 83–85
terminations of pre-1978 transfers of renewal
Form VA, 48, 62
term rights, 245–247
mailing in applications and deposits, 78, 82,
See also Copyright restoration
84, 336
Copyright restoration (foreign works), 16, 99,
multimedia works, 74–75
100, 242, 309
online application process, 56–62
basics, 330–336
online registration basics, 54–55
Copyright symbol, 6, 15, 19, 97, 101. See also
online works, 72–74
Copyright notice
preregistering unpublished works, 87–88
Copyright transfers, 201–228
print application basics, 55
agreements for, 220–224
processing times, 62, 83
assignments as alternative to work-made-for-
registering a group of contributions to
hire agreements, 171, 172, 179, 184–186
periodicals, 69–72, 77
assignments basics, 203, 205
412 | THE COPYRIGHT HANDBOOK
authors’ statutory termination rights,
unintended transfers in work-made-for-hire
210–212, 215
situations, 184
basics, 8, 203–205
vs. selling copies, 206–207
between freelance writers and periodicals,
See also Assignments of copyright; Copyright
214–217
transfers; Exclusive licenses; Publishers;
between writers and book publishers, 203,
Publishing agreements; Transfer agreements
204–205, 217–218
Corporations. See Business entities
capital gains treatment for income from the
Court costs and attorneys’ fees (infringement
sale of inherited works, 358–359
claims), 39, 41, 302, 305–306, 310, 396–397
contractual termination or revocation of, 213
Court decisions, researching, 394
copyright notice and, 21, 22
Covers
describing on registration applications,
artwork and promotional copy on, 48–49
59–60
See also Dust jackets
duration of copyright and, 207–208, 230
Creation date, 5, 230
of electronic rights, 219–220, 311, 363
registration as proof of, 307, 310
email transfers, 205
Creation of copyright, 5
between employers and employees, 168
copyright duration and, 230, 231, 232
group registrations and, 65
See also Copyright duration and expiration
infringement liability and, 301
Creative Commons licenses, 30, 364–365
joint authorship and, 199–200
Creativity requirement, 6, 112–113, 130, 155–157,
lawful transfer as infringement defense,
281–282. See also Protected expression
308–309
Credit for authorship. See Attribution
marital property law, divorce, and, 224–226
Criticism and comment, 253, 256, 262. See also
methods for, 204–206
Annotations; Parody
nonexclusive licenses and, 203, 205–206
Crown copyright (Canadian government
notifying Copyright Office of (recordation),
works), 337, 338
104, 204, 226–228
Current expenses, 356. See also Taxes
notifying Copyright Office of transfer
Cybersquatting, 88
termination, 211–212, 213
registration rights of transferees, 44–46,
D
58–60, 105
Damages
of renewal term rights (pre-1978 works),
awarded to victims of false infringement
245–247
accusations, 315
restored foreign copyrights, 333
for DMCA violations, 298
rights retained by author a
fter, 208–214
See also Copyright infringement remedies
sales of copies and, 206–207
Database contents
searching records of, 375
basics, 152
transferees as copyright claimants, 58–60
copyright registration applications for, 75–76
deposit requirements, 80–81
INDEX | 413
electronic rights ownership and transfers,
Deposits (copyright registration), 76–82, 91–94
218–221, 363
basics of Copyright Office requirements,
mixtures of public domain and protected
76–81
material, 143, 153, 156
best edition of the work requirement, 76–77,
price data, 154
78, 79
protectable materials and expression, 114,
correcting deposit errors, 90
137, 139, 152, 154–155, 156
depositing screenplays with the Screen
See also Compilations; Online databases
Writers Guild of America, 92–94
Database software, 75
electronic databases, 80–81
Dates
electronic deposits, 78
creation date, 5, 230, 307, 310
full-term deposit requests, 91–92
date of discovery of infringement, 290
GATT registrations of restored foreign
effective date of copyright registration, 39,
works, 335
83, 88–89
Library of Congress requirements, 32, 65–66,
what constitutes timely copyright
81–82
registration, 39, 40–41, 44–45, 71–72, 83,
mailing deposits to yourself, 92
304
mailing in deposits and application forms,
See also Copyright duration; Deadlines;
78, 82, 84, 336
Publication date
multimedia works, 78, 79–80
Da Vinci Code, The (Brown), 143
multiple editions and, 49
Deadlines
online registration applications, 61–62
completion date provision, collaboration
online works, 72, 78–79
agreement, 190, 191
periodicals, 65–66, 67, 69, 77
statute of limitations for infringement claims,
recordation and, 227
290, 301–302, 308
retention of deposits, 91–94
for timely copyright registration, 39, 40–41,
Derivative works, 146–152
44–45, 71–72, 83, 304
based on public domain materials, 24–25,
Death or disability of authors
150–151
determining death dates, 236
basics, 6, 52, 146–149
joint authors, 193, 194, 200
collaboration agreement provision, 196
transfer termination rights of heirs, 210, 211
compilations as, 23
See also Copyright duration and expiration
copyright duration, 245
Decennial copies, effect of copyright notice
and copyright in preexisting materials, 151,
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