displayed online, 133, 138
including permissions statements near
sublicensing rights for, 209
copyright notice, 30
See also Artwork; Illustrations; Images; Visual
interviews, speeches, and letters, 371–373
works
jointly authored works, 369–370
Phrases, 9, 118, 127, 373. See also Slogans;
locating and contacting authors, 368–370
Titles
locating and contacting publishers, 366–368
Piracy. See Copyright infringement
locating rights holders in special situations,
Plagiarism, 280–281, 283
370–375
Plays, 6, 114
negotiating fees, 378, 379, 381–382
copyright warning statements on, 29–30
permissions responsibilities in publishing
as derivative works, 52
agreements, 366
registering/depositing scripts with the Writers
proceeding without permission, 149, 376–378
Guild of America, 92–94
request letters, 378, 379, 380, 382
See also Derivative works; Works of fancy
for use of preexisting material in a derivative
Plots, 125–126, 283–284, 286, 289
work, 149–151
Poetry, 114, 265. See also Works of fancy
for use of restored foreign works, 334
Posthumous works, Canadian copyright
for uses of trademarks, 373
protection, 338–339
using online permission services, 362, 363,
Preexisting materials and expression.
365–366, 368, 369
See Collective works; Compilations;
See also Nonexclusive licenses; Permission
Derivative works
agreements
Prefaces, forewords, or introductions, 49, 171.
Photocopies and photocopying, 263–271
See also Supplemental works
Canadian law, 339–340
Preliminary injunctions. See Injunctive relief
for commercial purposes, 263
Preregistration, of unpublished works, 41,
determining whether permission is required,
85–88
250–251
reregistration after publication, 52, 86–87
by libraries and archives, 240, 266–271, 339
Preservation purposes
426 | THE COPYRIGHT HANDBOOK
DMCA anticircumvention provisions and,
Publication
321, 322
limited publication, 88, 235, 377
library copying for, 240, 268, 270
online publication as publication for
See also Libraries
copyright purposes, 18, 41–42, 235
Price quotes, 154
of online works, 18, 24, 41–42, 72
Primary publication rights (book publishers), 217
providing notice on publication, 18
Primary rights holders, permissions and,
of speeches, 372
367–368
what constitutes, 5, 18, 41, 88, 235, 372
Profit motive, demonstrating to IRS, 346,
Publication date
348–354
compilations and derivative works, 23, 24
Profits
and copyright duration, under old law, 236
actual damages and infringers’ profits
and copyright duration (works made for
(infringement claims), 39, 47, 302, 304, 305
hire), 231, 232, 241
from jointly authored works, sharing of, 192,
copyright notice requirement and, 15–16,
200
97–102
See also Commercial purposes; Financial gain
on copyright registration applications, 56–57,
Project Gutenberg, 141, 142
66, 68, 70, 71, 73–74
Promotional copy, 48
infringement claims and, 52
Proposals (for books or articles), 43. See also
online works, 24, 30, 72
Ideas; Unpublished works
timely registration and, 41–42, 71–72, 304
Protected expression, 109–143
year, in copyright notice, 19–20, 23, 24, 101
basics and legal requirements, 6, 110–114, 147
See also Copyright duration and expiration
improper use of, as legal element of
Public display
infringement, 281, 285–289
display rights of copyright owners, 4, 131,
mixtures of public domain and protected
133, 134
material, 143, 153, 156
public performance and, 134
protectable aspects of compilations, 153–158
vs. publication, 41, 88
protectable aspects of factual works, 115,
what constitutes, 133
127–129, 143
Public distribution. See Distribution entries
protectable aspects of works of fancy, 124–127
Public domain works/materials, 114–124
protectable online works, 130
adaptations created without permission as,
types of works that qualify, 113–114
149
what is not protected, 6–7, 114–124
available online, 141–143
See also Public domain works/materials;
basics, 7, 114
Selection and arrangement; specific elements
blank forms and form compilations, 121–122
and types of works
derivative works and compilations based on,
Pseudonymous authorship and works, 21, 57,
23, 24–25, 150–151, 152, 157, 159
58, 232–234, 338
excluding from copyright claims (registration
applications), 60–61, 72
INDEX | 427
facts as, 115, 116–118
vs. publication, 88, 377
fictional characters as, 125, 126–127
what constitutes, 134
foreign works as, 16, 99, 100, 241–244, 309,
Public records
329–330, 334
pregistrations of unpublished works as, 88
government works as, 24, 123, 372
recorded transfer documents as, 227, 375
ideas as, 115, 116–118
registered copyrights as, 38
impact of the Sonny Bono Copyright
renewal documents as, 375
Extension Act, 238
Publishers
legal research, 392
copyright notices and, 15
mixtures of public domain and protected
copyright registration by, 43, 44–46
material, 143, 153, 156
liability for infringement, 301
online copyright duration calculators, 230
locating and contacting, for permissions,
public domain dedications, 142
366–368
public domain elements in factual works, 128
manuscript submissions to, 33, 42–43, 88,
public domain elements in works of fancy,
173, 310
124–127
name of, in copyright notice, 21, 22
public domain status as infringement
negotiating with, 216, 219
defense, 308
as owners of copyright in supplemental
quotations as, 120–121, 128
materials, 48–49
removal of copyright management
transfers between authors and, 203,
information from, 298
204–205, 214–221
unpublished works as, 234–236
See also Copyright transfers; Publishing
> words, names, titles, and short phrases,
agreements; specific types of publications
118–120
Publishing agreements, 2, 221–224
works published before 1923, 7, 123, 238, 241
basics, 221–222
works whose copyright has expired, 7, 123,
between freelance writers and periodicals,
142, 230, 241, 242–243, 250–251, 270–271
216–217, 219
works without valid copyright notice, 15–16,
copyright notice and, 21, 22, 98–99
99–100, 123–124, 331
electronic rights and, 218, 219, 220, 311, 363
See also Copyright duration and expiration;
permissions responsibility in, 366
Copyright restoration; Protected expression;
recording with Copyright Office, 228
specific types of materials
registration responsibility in, 45
Public performance
sublicensing rights in, 208–209
Canadian copyright protection for, 338
warranty and indemnity provisions, 196, 281
performance rights of copyright owners, 4,
Purpose and character of the use (fair use
131, 133–134
determinations), 134, 251, 253–256, 272.
state laws prohibiting recording, 111
See also Commercial purposes; Educational
unauthorized, as infringement, 279
purposes; Preservation purposes
428 | THE COPYRIGHT HANDBOOK
Q
Reprint/republication rights
Quotations
periodical publishers, 215, 216
determining whether permission is required,
See also Permissions
250–251
Reproduction rights, 4, 130, 132. See also
protectability under copyright law, 120–121,
Copies and copying; Permissions
128
Requests for reconsideration (copyright
size of, 259–260
registration denials), 90–91
verbatim copying as infringement, 117, 120,
Research, 128, 143, 240, 253
122, 129, 260, 262, 285–286
library copying for research purposes, 240,
See also Attribution; Copies and copying;
266–271
Fair use; Paraphrasing; Permissions; Public
See also Facts; Factual works
domain works/materials
Restoration of copyright. See Copyright
restoration
R
Retention of deposits (copyright registration),
Radio
91–94
interviews, 370–371
Reviews. See Criticism and comment
See also Broadcasts
Revisions
RAM copies, of online works, 131, 134
to automated databases, 75–76
Recipes, 113
copyright registration and, 72–73, 75–76, 85,
Recordation (with U.S. Copyright Office)
104–105
of copyright transfers, 104, 204, 226–228,
editorial revisions and new editions as
375
derivative works, 52, 147
identification statements for anonymous or
unauthorized, as infringement, 213, 214
pseudonymous authors, 232–234
website updates, 72–73
of transfer terminations, 211–212, 213
See also Derivative works; Drafts
Recording conversations, copyright protection
Rights of copyright owners
and, 121, 372
basics, 4, 44, 130–134, 203, 251–252
Recordings. See Films and video; Sound
electronic rights, 218–221, 311, 363
recordings
fair use as limitation on, 134
Reference books, 114. See also Factual works
foreign reprint and foreign language rights,
Registration numbers, 105
217–218, 341, 369, 370, 381
Registration of copyright. See Copyright
joint authors’ rights to exercise, 199–200
registration
moral rights, 213–214, 325, 326, 336–337
Releases, from interview subjects, 371
online works, 130–134
Reliance parties (restored foreign works),
potential rights transfers from freelancers to
333–335
periodicals, 214–217, 219–220, 362–363
Renewal of copyright. See Copyright renewal
potential rights transfers from writers to book
publishers, 217–218
INDEX | 429
rights retained after a transfer, 208–214
in works of fancy, 117–118, 125–126, 127,
See also Copyright ownership; Copyright
286, 289
transfers; Fair use; International copyright
See also Compilations
protection; Permissions
Self-employment taxes, 346, 358, 359
Roman numerals, for publication date in
Self-publishing, 15, 31, 45, 203, 219
copyright notice, 20, 101
Serial rights, 214–216, 362–363
Royalties
Serial works
collection and payment of, 221
trademark protection for titles of, 119–120
taxation of copyright income, 357–359
See also Periodicals
Rule of doubt (copyright registration), 89
Sermons. See Speeches
S
SE (self-employment) taxes, 346, 358, 359
Settings, 124, 126, 283–284, 286, 289
Safe harbor rules (ISP infringement liability),
Settlement agreements, between copyright
313–314, 316–317
owners and infringers, 292–293, 295, 296,
Satire. See Parody
303, 306, 309–310, 334
Scenes and situations, 126, 283, 286, 289
Shrink-wrap license agreements, 320
Scholarly purposes. See Educational purposes
Simultaneous (one-time) rights, 215, 216
Scholarly writings, 169–170, 280, 300
Single-leaf works, copyright notice for, 26, 29
Scholarship. See Educational purposes;
Single-unit registration
Research
for multiple works of authorship within one
Scope of employment standard (works made
publication, 46–52, 74–75
for hire), 167–168, 169, 178–179. See also
See also Group registrations
Employee-created works
Slogans, 2, 9, 118. See also Phrases
Screenplays, 6, 29–30, 52, 92–94, 172. See also
Social media, fair use and, 262–263
Derivative works; Manuscript submissions;
Software
Works of fancy
copyright notice on, 26
Scripts. See Plays; Screenplays
copyright ownership by educational
Search engines, requesting removal of
institutions, 170
infringing material from search results, 318
and DMCA anticircumvention provisions,
Secondary meaning (trademark law), 119–120
321–322
Second serial (reprint) rights (periodical
piracy and the No Electronic Theft Act,
publishers), 215, 216
299–300
Selection and arrangement, as protected
as protected expression, 114
expression
registration and deposit requirements, 75,
basics, 110, 115, 117–118, 147
79–80
>
in compilations, 120, 121, 122, 152–153,
renting or lending copies of, 132
155–157
See also Computer code; Multimedia works
in factual works, 117, 129
Song lyrics, 114
total concept and feel as, 286, 289
Song parodies, 272
430 | THE COPYRIGHT HANDBOOK
Sonny Bono Copyright Term Extension Act,
protecting factual works, 116
230, 238, 245
protecting fictional characters, 125
Sound recordings
protecting titles, 118–119
based on preexisting materials, 138
protecting unfixed expression, 111–112
Canadian copyright protection, 336, 338
recording of telephone conversations, 372
as derivative works, 148
unfair competition laws, 116, 118–119, 125
made for the blind, 275
Statute of limitations, infringement claims,
as protected expression, 114, 130, 138
290, 301–302, 308
registration or preregistration of, 41, 55, 62, 237
Statutory damages (infringement claims)
of speeches, 373
basics, 39–40, 302, 304–305
unauthorized recordings, 111
for DMCA violations, 298
uses requiring permission, 132
eligibility for, 39–42, 44–45, 71–72, 83, 304
See also Broadcasts
multiple damages awards, 47, 304–305
Sounds, 2, 78, 79
willful infringement situations, 17, 47, 305
online, 138–139
See also Copyright infringement remedies
See also Audiovisual works; Multimedia
Statutory termination rights, 210–212
works; Music; Sound recordings
Stock characters, 126, 283–284, 286, 289
Source code deposits (copyright registration),
Sublicensing rights, 208–210
79–80
Subsidiary (sub) rights (book publishers), 217
Soviet works, U.S. copyright law and, 331
Substantial similarity standard (copyright
Special handling (expedited copyright
infringement), 282–284, 306, 307
registration), 38, 61, 83–85
Summary judgment motions (infringement
Specially ordered works. See Commissioned
claims), 309–310
works
Supplemental copyright registration, 94,
Special works (Copyright Office fair use
102–107
guidelines), 265
appropriate situations for, 51, 102–105
Speeches, 113
author’s filing rights after copyright transfer,
deposit requirements (copyright registration),
212
78
effect of, 107
by federal officials or employees, 120, 372
how to file, 105–107
obtaining permission to use, 371–373
Supplemental works, 48–49, 171, 172–173.
publication for copyright purposes, 372, 377
The Copyright Handbook Page 73