errors or omissions, 97–99
245
Deep linking, 136
copyright notice on, 19–20, 22–24, 24–25
Delegation provisions
copyright owners’ right to create, 4, 131, 133,
collaboration agreements, 196, 197, 198
149, 150
work-made-for-hire agreements, 177, 183
extent of copyright protection, 112
De minimis compilations, 157
fair use and, 134, 150, 261, 274
414 | THE COPYRIGHT HANDBOOK
modifications of online images or sounds, 138
work-made-for-hire agreements, 178, 183
permission to create, 149–151
Distribution, as publication for copyright
registration of, 52–54, 60–61, 72, 151–152
purposes, 5, 18, 41–42, 88, 377
registration of preexisting material, 52
Distribution rights of copyright owners, 4, 131,
subsidiary rights (book publishers), 217–218
132–133
vs. jointly authored works, 188–189
Divorce, copyright ownership and transfers
Destruction of infringing works, 305
and, 225–226
Diaries, 113. See also Unpublished works
DMCA (Digital Millennium Copyright Act).
Digital copies
See Digital Millennium Copyright Act
for archival or classroom use, 266, 268
Domain names, 88
of online works, 41–42, 131, 132–134, 137
Drafts, 85, 231, 310. See also Unpublished
RAM copies, 131, 134
works
vs. photocopies, 311
Dramatizations, 52, 148. See also Derivative
See also Online infringement; Online works
works; Screenplays
Digital libraries, 141, 142, 230
Duration of copyright. See Copyright duration
Digital Millennium Copyright Act (DMCA)
and expiration
anticircumvention provisions, 320–322
Dust jackets
copyright management information removal
copyright notice and, 26, 29
provisions, 294, 297–298
copyright registration and, 46, 48–49
ISP infringement liability and safe harbor
DVD-ROMs. See Database contents; Digital
rules, 313–314, 316–317
copies; Electronic databases; Multimedia
ISP takedown notices and counter-
works
notifications, 314, 316–319
researching, 322
E
Digital Public Library of America, 142
Ebooks (electronic books), 1
Digital works
copyright notice and, 15, 26, 27
depositing electronically, 61
copyright registration, 74–75
digitized books online, 141–142, 143
and DMCA anticircumvention provisions,
WIPO Copyright Treaty protections for, 327
321
See also Database contents; Digital
electronic rights ownership, 218–219, 220
Millennium Copyright Act; Ebooks; Online
ISBNs for, 32
works; Software
restrictive licenses, 132–133
Directories. See Catalogs and directories; Fact
See also Multimedia works
compilations
Editorial notes and annotations, 52, 148–149,
Disability. See Death or disability of authors
158, 171. See also Derivative works
Disclaimers of liability, on websites, 135
Educational institutions
Display. See Public display
Canadian fair dealing rights and, 339, 340
Dispute resolution provisions
ownership of faculty writings, 169–170
collaboration agreements, 197, 198
as software copyright owners, 170
INDEX | 415
See also Educational purposes; Libraries;
scholarly (faculty) writings, 169–170
Scholarly writings
scope of employment standard, 167–168,
Educational purposes, fair use and
169, 178–179
basics, 134, 253
See also Works made for hire
calligraphic copies, 275
Employees
digital copies, 266
emails written by, 140
evaluation checklist, 255
See also Works made for hire
library copying, 240
Encryption, to prevent infringement, 320
photocopying for classroom use, 255,
relevant DMCA provisions, 320–322
264–266, 369
Encyclopedias. See Collective works
See also Fair use
End user license agreements, limiting user
Electronic copies. See Digital copies
rights, 132–133, 319–320
Electronic databases, 139. See also Database
Equitable distribution laws (divorce), 226
contents
ESIGN (Electronic Signatures in Global and
Electronic deposits (copyright registration), 78
National Commerce Act), 205
Electronic payment, Form 1099 reporting and,
Estimated tax payments, 359
358
European Digital Library, 230
Electronic rights, 218–221, 311, 363. See also
Exclusive licenses
Permissions
authors’ statutory termination rights, 210–212
Electronic Signatures in Global and National
basics, 203, 204–205
Commerce Act (ESIGN), 205
between freelance writers and periodicals,
Electronic works. See Digital works; Ebooks;
215–217
Online works
between writers and book publishers, 217–218
Email
copyright notice and, 21
cease and desist emails to online infringers,
duration of, 207–208
315–316
joint authorship and, 199
copyright protection for, 114, 139–140
license agreements, 223–224
copyright transfers via, 205
sublicensing rights under, 208–210
emailing digital copies of deposits to yourself,
See also Copyright transfers; Permissions;
92
Transfer agreements
publications of, as fair use, 262
Exclusive rights of copyright owners. See Rights
Employee benefits, employee status and, 166
of copyright owners
Employee-created works, 164–170
Expedited copyright registration, 38, 61, 83–85
agreements regarding ownership of, 167, 168, Expense deductibility. See Taxes
179
Expenses provisions, collaboration agreements,
basics, 7–8, 162, 164–165, 178
192, 193, 194
copyright notice, 20–21
Expiration of copyright. See Copyright
employee status standard, 165–166, 169
duration and expiration
registration of, 44
416 | THE COPYRIGHT HANDBOOK
Expression
basics, 5, 7, 134, 150, 251–252
defined, 110
checklist for evaluating, 254–255
the merger doctrine, 116–118, 122, 290
Copyright Office’s online Fair Use Index, 252
vs. ideas, 115, 250
derivative works and, 134, 150, 261, 274
See also Protected expression
effect of the use on the work’s commercial
Extens
ions of copyright term. See Copyright
value factor, 251, 253, 255, 259, 260–261
duration and expiration
email, 140
F
foreign copyright law and, 325
if permission has been denied, 252
Fact compilations
as infringement defense, 290, 307
basics, 54, 152
liability for misrepresentation of fair use as
extent of copyright protection, 153–157
infringement, 315
inserting intentional errors in, 284
nature of the copyrighted work factor, 251,
registration of, 157, 160
253, 254, 257–259, 272
See also Compilations; Database contents
online works and social media, 132,
Facts
134–137, 260–263
hot news, 116
parody as, 150, 271–275
interpretations of, 128
photocopying and, 263–271
the merger doctrine, 116–118, 122, 290
purpose and character of the use factor, 251,
not protected by copyright, 7, 43, 115, 127,
253–256, 272
128, 151, 154–155
removal of copyright management
vs. opinions, 154
information and, 298
See also Fact compilations; Factual works
transformative use standard, 134, 253, 260,
Factual works
261–262
extent of copyright protection, 7, 115–118,
under Canadian law, 338, 339–340
127–129, 143, 290
See also Amount and substantiality of the
fair use standards and, 129, 272
portion used; Commercial purposes;
fictional elements in, 129
Commercial value; Educational purposes;
fictionalizations of, 52, 147–148
Photocopies and photocopying; Preservation
infringement standards and, 284, 285
purposes
inserting intentional errors in, 284
FAQ pages, 139
registration eligibility of new editions, 53
Fees
use of unpublished letters and diaries in,
copyright renewal searches, 239
257–259
Form NLA filing (U.S. Copyright Office), 271
See also Fact compilations; Facts
for full-term deposit retention, 91
Fair dealing (Canadian copyright law), 339–340
for ISBNs, 31
Fair use, 249–275
lawyers, 17, 39, 305, 306, 396–397
amount and substantiality of the portion
permission fees, 363, 368, 378, 379, 381–382
used factor, 251, 253, 254, 259–260
recordation of author identity statements, 233
INDEX | 417
recordation of transfer documents, 228
See also International copyright protection
See also Copyright registration fees
Forewords, prefaces, or introductions, 171.
Fiction, 113, 124–127. See also Works of fancy
See also Supplemental works
Fictional characters, 125, 126–127, 283–284,
Form 1099-MISC (IRS), 357–358
286, 289
Form 5213 (IRS), 349
Fictional elements, in factual works, 129
Form CA (supplemental copyright registration),
Fictionalizations, 52, 147–148. See also
102, 105–107
Derivative works
Form GATT/CON (copyright registration),
Films and video
335
Canadian copyright term, 338
Form GATT (copyright registration), 335
online video, 133, 134
Form G/DN (copyright registration), 62–63,
See also Audiovisual works; Broadcasts;
67–69
Multimedia works; Screenplays
Form GR/CP (copyright registration), 69–72, 77
Financial gain
Form GR/Pph/CON (copyright registration),
infringer’s profits awards, 302, 304
69
willful infringement for, 299, 300
Form NLA (Copyright Office notice), 271
See also Commercial purposes
Form PA (copyright registration), 82
First North American serial rights (periodical
Forms
publishers), 215, 216, 362
downloading and using, 399–401
First sale doctrine, 132, 207
requesting or downloading paper registration
Fixation requirement, 110–112, 130, 281
application forms, 62
basics, 110–112
See also Copyright registration applications;
email, 139
specific forms
online works and, 130, 131
Forms, blank, copyright protection for, 113,
speeches and other oral expression, 111–112,
121–122, 152
371–372
Form SE and SE/Group (copyright
Foreign distribution and foreign language
registration), 55, 62–66, 82
rights, 217–218, 341, 369, 370, 381. See also
Form TX (copyright registration), 55, 62, 70, 82
All world rights; Translations
Form VA (copyright registration), 48, 62, 69
Foreign rights holders, permissions and, 367, 368
Framing, 137–138
Foreign works, 328–336
Fraud, plagiarism as, 281
copyright notice and, 16, 99, 100, 330
Freelance writers/creators
GATT copyright restoration, 16, 99, 100,
articles as works made for hire, 170–171, 216,
242, 309, 330–336
219, 220
online copyright duration calculators, 230
collective rights agencies for, 221
U.S. copyright duration, 241–244, 325, 332
copyright notice on freelance works, 15
U.S. copyright protection for, 328–330
copyright registration for freelance works, 50
U.S. copyright registration for, 38, 67, 78,
copyright transfers between periodicals and,
330, 335–336
214–217, 219–220, 362–363
418 | THE COPYRIGHT HANDBOOK
negotiating with publishers, 216
H
See also Commissioned works; Independent
HathiTrust Digital Library, 142
contractors; specific types of publications
Hobby, writing as, 345–346, 348, 352–353
G
I
GATT. See General Agreement on Tariffs and
iCopyright, 363, 366, 368
Trade
Ideas
Genealogies, 157
contracts to protect, 10–11
General Agreement on Tariffs and Trade
contributed to joint works, 188
(GATT), 326–327, 328
the merger doctrine, 116–118, 122, 290
foreign copyright restoration under, 16, 99,
not protected by copyright, 2, 5, 7, 9, 43, 115,
100, 242, 309, 330–336
124, 151
GATT copyright registrations, 335–336
patent protection for, 9–10
Ghostwriters, 372–373
registering with Writers Guild of America, 93
Google Adwords, discovering whether
vs. expression, 115, 250
infringers are earning revenue from, 318
Identifying material, vs. copies (Copyright
Google book digitization initiative, 141, 240
Office deposits), 78, 79, 80, 81
Google Scholar, researching c
ourt decisions,
Illustrations, 171
394
as contributions to coauthored works, 187, 189
Google search, requesting removal of infringing
as contributions to collective works, 28, 48,
material from search results, 318
54
Government works, 24–25, 123
copying for classroom use, 265
Canadian, 337, 338
unprotectable book design and, 128
speeches and other oral expression, 120, 372
See also Artwork; Photographs; Supplemental
works created by government contractors, 25,
works; Visual works
123
Images
Graphic design
online, 137, 138–139
books, 128
See also Illustrations; Photographs; Visual
websites, 139
works
Group registrations
Income taxes. See Taxes
of articles contributed to periodicals, 50,
Indemnification provisions
69–72, 77
collaboration agreements, 195, 196
of database contents, 75–76, 80–81
publishing agreements, 196, 281
of periodical issues, 50, 63–69, 73
Independent contractors
of photographs, 69
assignments of copyright from, 171, 172,
of unpublished works, 51
184–186
Form 1099 income reporting, 357–358
INDEX | 419
IC status provisions in work-made-for-hire
GATT basics, 326–327
agreements, 174, 177, 180–181
GATT copyright restoration for foreign
IRS classification factors, 166
works, 16, 99, 100, 242, 309, 330–336
See also Commissioned works; Freelance
legal research, 393
writers; Works made for hire
marketing your work abroad, 341
Independent creation (originality), 6, 112, 281
moral rights, 213–214, 325, 326
dating notes and drafts to document, 310
other treaties, 328
as infringement defense, 307–308
U.S. protection for foreign works, 38,
online works, 130
241–244, 328–336, 393
works of fancy, 126, 127, 289
WIPO Copyright Treaty, 327, 328
See also Protected expression
for works by U.S. citizens and nationals, 18,
Indexes, 49, 171
19, 324–328
Infringement. See Copyright infringement entries
See also Foreign works
Injunctive relief
International Standard Book Numbers
DMCA violations, 297
(ISBNs), 31, 32, 56–57, 375
infringement claims, 302–303, 319, 326
International Standard Serial Numbers
Inlining, 137
(ISSNs), 31, 375
Innocent copyright infringement
Internet Archive, 141, 240
copyright notice and, 17, 18, 32
Internet Service Providers. See ISPs
damage awards and, 300, 305
The Copyright Handbook Page 71