Interviews, 120, 121, 372
unconscious/unintentional copying as, 261,
permission to use, 370–371
279–280, 307
Introductions, prefaces, or forewords, 49, 171.
Instructional texts, 114, 171. See also Factual
See also Supplemental works
works
Invasion of privacy, 372
Instructions, 113
Inventions. See Patents
International copyright protection, 323–341
IRS (Internal Revenue Service)
basics, 324
audit risk, 355
Berne Convention basics, 324–326
hobby business tests and rules, 345, 346,
Canadian law, 332, 336–341
348–354
copyright duration under foreign law, 325,
useful publications, 344, 347, 358, 359
326, 332, 337–339
See also Taxes
copyright notice and, 18, 19, 20, 330, 340
ISBNs (International Standard Book
copyright registration and, 325, 331,
Numbers), 31, 32, 56–57, 375
335–336, 340
ISPs
countries not party to international
DMCA takedown notices and counter-
agreements, 327, 329–330, 331, 332
notifications, 314, 316–319
the Da Vinci Code case, 143
infringement liability and safe harbor rules,
foreign infringement claims and remedies,
312–314, 316–317
325, 326, 327–328
ISSNs (International Standard Serial Numbers),
31, 375
420 | THE COPYRIGHT HANDBOOK
J
when to consult, 306, 315
Jointly authored works, 186–200
LCCNs (Library of Congress Catalog
basics, 186–188
Numbers), 31–32
collaboration agreements for joint authors,
Lectures. See Speeches
188, 189–198
Legal aid services, 394, 396, 397
copyright duration, 231–232, 233
Legal research, 322, 340, 341, 392–394
copyright ownership, 162, 186–188, 191,
Letter agreements
192, 199
assignment agreements, 185–186, 223
copyright registration, 44
license agreements, 206, 223–224
form of copyright notice, 20
permission agreements, 379, 382–389
if an author dies, 200
regarding ownership of employee works, 167,
if there is no collaboration agreement,
168, 179
198–200
work-made-for-hire agreement, 173–174,
obtaining permission to use, 369–370
175–176
sharing of profits from, 192, 200
Letters
vs. derivative and collective works, 188–189
cease-and-desist letters to infringers,
works for hire as, 184, 232
290–293, 314, 315–316
Journalism
notifying Copyright Office of pseudonymous
fair use and, 134
author’s identity, 234
See also News reporting
notifying Copyright Office of transfer
Journals. See Collective works; Newspapers;
termination, 213
Periodicals
permission requests, 378, 379, 380, 382
settlements between copyright owners and
L
infringers, 293, 295, 296, 306
Laws, as public domain works, 123
Letters, as copyrighted works, 113
Lawsuits
copyright ownership and protection, 163,
over Copyright Office registration denials, 91
371
over plagiarism, 281
fair use and infringement standards,
See also Copyright infringement claims;
257–259, 288–289
Copyright infringement remedies
Lewinsky, Monica, 121, 372
Lawyers
Liability disclaimers, on websites, 135
attorneys’ fees recovery (infringement
Libraries
claims), 39, 41, 302, 305–306, 310, 396–
Canadian law and, 339
397
digital libraries, 141, 142, 230
basics, 394, 396–397
exempted from DMCA anticircumvention
fees, 17, 39, 305, 306, 396–397
provisions, 321
potential costs of infringement claims, 17, 39,
filing a notice to libraries with the Copyright
305–306, 309–310, 378
Office, 271
INDEX | 421
LCCNs and the Cataloging in Publication
Mediation/arbitration provisions
program, 32
collaboration agreements, 197, 198
photocopying by, 240, 266–271
work-made-for-hire agreements, 178, 183
Library of Congress
Merger doctrine, 116–118, 122, 290
deposit requirements, 32, 65–66, 81–82
Microfilm deposits (newspaper registrations),
ISSN program, 31
67
Library of Congress Catalog Numbers
Minimal creativity requirement, 6, 112–113,
(LCCNs), 31–32
130, 155–157, 281–282. See also Protected
Licenses
expression
restrictive licenses for electronic or online
Misappropriation laws, 116, 125
materials, 132–133, 319–320
Moral rights, 213–214, 325, 326, 336–337
See also Copyright licenses; Exclusive licenses; Motion pictures. See Films and video; Nonexclusive licenses; Transfer agreements
Screenplays
Limited publication, 88, 235
Multimedia works
Linking, 135–136
Canadian copyright protection for, 338
Lists, 113, 152, 156–157. See also Fact
copyright notice on, 26
compilations
copyright registration applications, 74–75
Literary devices, 127, 283
deposit requirements, 78, 79–80
Literary works (for copyright registration
and DMCA anticircumvention provisions,
purposes), 56
321–322
Local government works, 123
electronic rights ownership and transfers,
Logos, 2
218–221, 311
Losses, deductibility of, 347, 348. See also Taxes
Multiple editions
Lost profits. See Actual damages; Commercial
copyright registration and, 49, 53–54, 76–77
value
ISBNs for, 32
Lyrics, 114
See also Revisions
M
Multiple works of authorship. See Collective
works; Single-unit registration
Magazines. See Collective works; Online works; Music, 2, 78, 79, 114, 138
Periodicals
song parodies, 272
Mailing copyright registration applications and
See also Multimedia works; Sound recordings
deposits, 78, 82, 84, 336
Mailing deposits to yourself, 92
N
Manuscript submissions, 33, 42–43, 88, 173,
Names
310. See also Unpublished works
of authors, on copyright registration
Marital property law, copyright ownership and
applications, 57–58, 66, 68, 103–104, 106
transfers and, 162, 224–226
of claimants, on copyright registration
> Market for copyrighted work. See Commercial
applications, 58–60, 66, 68, 103, 104, 106
value of copyrighted work
422 | THE COPYRIGHT HANDBOOK
of copyright owners, in copyright notice,
Nonexclusive licenses
20–22, 97, 102
basics, 203, 205–206
as unprotectable under copyright law, 9, 118
between freelance writers and periodicals, 215
See also Anonymous authorship; Copyright
commissioned works which do not satisfy
management information; Pseudonymous
work-made-for-hire requirements, 179, 184
authorship
granting to infringers, 293, 295
National Commission on New Technological
implied licenses, 179, 206
Uses for Copyrighted Works (CONTU),
joint authors’ right to grant, 199
269–270
license agreements, 206, 223–224
National Writers Union, 222
sublicensing rights and, 210
Nature of the copyrighted work (fair use
See also Copyright licenses; Permissions
determinations), 251, 253, 254, 257–259,
Nonfiction. See Biographies; Factual works
272
Notes
Net operating losses (NOLs), 347. See also
dating, to help document creation, 310
Losses
See also Annotations
New editions. See Derivative works; Multiple
Notice of Claimed Copyright Infringement
editions; Revisions
(DMCA takedown notice), 314, 316–319
Newsletters
Notice of copyright. See Copyright notice
group registrations, 68–69
Notice of Intent to Enforce Copyright (NIE),
See also Collective works; Periodicals
333, 334–335
Newspapers
copyright cases involving, 219–220, 262, 363
O
deposit requirements for individual articles,
Object code deposits (copyright registration),
77
79
group registration for, 67–68
One-time (simultaneous) rights, 215, 216
typical licensing agreements with
Online copyright registration, 54, 55–62
contributors, 215
basics, 54, 55–56
See also Collective works; Online works;
completing the application, 56–61
Periodicals
deposits and, 61–62, 78
News reporting, 116, 253, 255, 261–262, 325.
of online works, 73–74
See also Fair use; Newspapers; Online works;
for periodicals, 63
Periodicals
preregistering unpublished works, 87–88
New York Volunteer Lawyers for the Arts, 397
processing of, 62, 88
NIE (Notice of Intent to Enforce Copyright),
works eligible for, 55–56
333, 334–335
See also Copyright registration applications
No Electronic Theft Act, 299–300
Online databases, 73, 139, 319–320. See also
NOLs (net operating losses), 347. See also Losses
Database contents
Noncompetition provision, collaboration
Online forums and newsgroups, 140. See also
agreements, 195, 196
Email; Social media
INDEX | 423
Online infringement, 310–322
ISBNs and ISSNs, 31
basics, 310–312
lawyer referrals, 394
cease and desist letters to infringers, 314,
legal aid services, 397
315–316
legal research, 322, 340, 341, 392, 393, 394
contributory infringement and ISP liability,
legal updates, 2
312–314, 316–317
locating rights holders, 367, 368, 374, 375
discovering and verifying, 314–315
online infringement self-help, 315, 316, 317,
licenses to prevent, 319–320
318
removal of copyright management
online permission services, 363, 365–366,
information, 294, 297–298
368, 369
requesting takedown of infringing material,
Writers Guild membership and deposits, 93
316–319
See also Online copyright registration
technological prevention measures and
Online works, 114, 129–143
relevant DMCA provisions, 320–322
basics, 129–130
Online permission services, 363, 365–366,
blog basics, 140
368, 369
as collective works, 24
Online resources
copyright notice and, 15, 18, 24, 27, 30, 143
book publishing and publishing agreements,
copyright registration applications, 72–74
222
deposit requirements, 72, 78–79
Canadian intellectual property law, 340, 341
electronic database basics, 139
cease and desist letters to infringers, 291
electronic rights ownership and transfers,
CIP filings and LCCNs, 32
218–221, 311, 363
collective rights organization for freelance
email basics, 139–140
authors, 221
fair use and, 134–137
copyright duration, 230, 326
fixation requirement and, 130
copyright notice requirements for U.S.
images and sounds, 137, 138–139
government contractors, 25
license restrictions that limit user rights,
Copyright Office circulars, 392
132–133, 319–320
Copyright Office COHD database for
linking, framing, and inlining, 135–137
libraries, 271
locating permissions information, 366
Copyright Office deposit requirements, 77,
making/saving copies of, 41–42, 131,
80
132–134, 137
copyright registration applications and fees,
publication date, 24, 72
55, 62, 82
public domain materials online, 141–143
copyright renewal searches, 239, 240
restrictive licenses, 319–320
Creative Commons licenses, 30
rights of copyright owners, 130–134
digitized public domain books, 141–142
text files, 137
fair use, 252
updates and revisions to, 72–73
IRS publications, 344, 347, 359
website basics, 139
424 | THE COPYRIGHT HANDBOOK
what constitutes publication, 18, 41–42, 235
as collective works, 23
See also Blogs; Database contents; Email;
commissioned contributions as works made
Online databases; Online infringement;
for hire, 170–171, 216, 219, 220
Websites
copyright notice on, 15, 23, 27
Open Content Alliance, 141
copyright registration for, 50, 62–69, 77
Opinions, vs. facts, 154
copyright registration for contributions to,
Oral agreements
50, 62–63, 69–72, 77
permission agreements, 382
copyright transfers between writers and,
transfer agreements, 50, 206, 308
214–217, 219–220, 362–363
Oral speech and expression
deposit requirements, 65–66, 67, 69, 77
&
nbsp; fixation of, 371–372
ISSNs for, 31
quotations of oral speech, 120–121
obtaining permissions for periodical articles,
speaker authorization and copyright
363, 365–366, 367, 370, 381
protection, 121, 371–372
online, group registrations of, 73
unfixed, 111–112, 372
syndicated columns, 370
See also Interviews; Speeches
See also Collective works; Database
Ordinary and necessary requirement (expense
contents; Online works; Photocopies and
deductions), 354
photocopying
Originality. See Independent creation
Permanent injunctions. See Injunctive relief
Orphan works, 374, 375–376
Permission agreements, 379, 382–389
Out-of-print works, 259, 374
attribution obligations, 376
Ownership of copyright. See Copyright
basics, 378, 382
ownership; Copyright transfers
furnished by publishers, 385
P
oral agreements, 382
related publishing agreement provisions, 366
Paraphrasing
sample broader agreement with instructions,
infringement and, 284, 285, 286, 287–289,
386–389
290
sample letter agreement with instructions,
See also Fair use
382–386
Parody, 150, 271–275
warranty provisions, 369, 371, 385, 386
Patents, 9–10, 113, 115
Permissions, granting
Payment method, Form 1099 reporting and,
Creative Commons licenses, 30, 364–365
358
to download online works, 41–42
Payment provisions, collaboration agreements,
including permissions statement in published
192, 193
work, 30
Performances and performance rights.
permissions section on registration
See Public performance
application form, 61
Periodicals, 113
See also Nonexclusive licenses
advertisements in, 23
INDEX | 425
Permissions, obtaining, 361–389
by library patrons, 270
basics, 250, 310, 362
obtaining permissions for, 365, 368
Canadian government works, 337
photocopies vs. digital copies, 311
Creative Commons licenses as alternative to,
for research purposes, 263
364–365
single copies by individuals, 263
denials of permissions requests, 252
by teachers for classroom use, 255, 264–266,
determining identity of copyright owner,
369
362–363
See also Fair use; Permissions, obtaining
determining whether permission is required,
Photographs, 2
250–251, 362
Canadian copyright duration, 337–338
how much time to allow for, 265
copyright registration and, 46, 48–49, 69
if you can’t locate the rights holder, 375–378
The Copyright Handbook Page 72