See also Commissioned works; Work-made-
unrecorded/unfixed, 111–112, 372
for-hire agreements
State government works, 123
Symbols
State laws
copyright symbol, 6, 15, 19, 97, 101
California work for hire rules, 172
Creative Commons license logo, 30
common law copyright, 111–112, 372
Syndicated articles
marital property law and copyright
permission to use, 370
ownership, 162, 224–226
See also Periodicals
INDEX | 431
T
Thumbnail images, 137
Takedown notices, sending to ISPs, 314,
Titles
316–319
changes to, 104
Tangible form. See Fixation
on copyright registration applications, 56,
Taxes, 343–359
66, 68, 70, 71, 104
basics, 344
as domain names, 88
current vs. capital expenses, 356–357
not protectable under copyright law, 9, 118
employment taxes and employee status, 165,
other legal protections for, 2, 9, 93, 118–120,
166
373
expenses which may be deducted, 354–356
on supplemental registration applications,
net operating loss deductibility, 345
105
paying estimated taxes, 359
Total concept and feel, copying of, 286, 289
self-employment taxes, 346, 358, 359
Trademark law and protection
taxation of copyright income, 357–359
authorship rights under, 214
the value of tax deductions, 344
basics, 8–9
writing as a for-profit business, 348–354
deep linking and, 136
writing as a hobby, 345–346, 352–353
fictional characters, 125
Teachers. See Educational purposes; Scholarly
framing and, 136–137
writings
limiting infringement liability with
Technical writings, 114. See also Factual works
disclaimers, 135
Telephone conversations, 121, 372. See also
obtaining permission to use trademarks, 373
Interviews
titles, 2, 9, 119–120, 373
Telephone directories, 113, 130, 155, 156
Trade Related Aspects of Intellectual Property
Television
Rights (TRIPS), 326, 330–336
interviews, 370–371
Trade secret protection, 2, 9, 10, 79–80
See also Broadcasts
Transfer agreements, 221–224
Temporary restraining orders (TROs), 303
assignment agreements, 185–186, 205,
Termination of copyright
222–223
statutory termination rights, 210–212
basics, 221–222
See also Copyright duration and expiration
between freelance writers and periodicals,
Termination rights, copyright transfers,
216–217
210–212, 215
copyright registration applications and, 59
Term of copyright. See Copyright duration and
electronic rights and, 220–221, 311
expiration
between employers and employees, 168
Tests and test answers, 78, 171
legal requirements, 204, 205, 206, 222
Textbooks. See Factual works
license agreements with infringers, 292–293,
Text files, as online works, 137
295, 334
Themes, 124, 126, 283–284, 286, 289
oral agreements, 50, 206, 308
recording with Copyright Office, 226–228
432 | THE COPYRIGHT HANDBOOK
sample license agreements, 206, 223–224
by non–U.S. citizens, 329
sublicensing rights in, 208–209
obtaining permission to use, 374–375
See also Assignments of copyright; Exclusive
online works as, 42, 72, 74
licenses; Nonexclusive licenses; Publishing
preregistration of, 41, 85–88
agreements
proposals, outlines, and sample chapters, 43
Transfers of copyright. See Copyright transfers
proving infringer’s access to, 282
Transformative uses, fair use and, 134, 253,
regular registration of, 42–43, 51, 57, 72, 74,
260, 261–262
86–87
Translations, 6, 52, 148, 171, 217. See also
regular registration of, under old law, 237
Derivative works; Foreign distribution and
reregistration after publication, 52, 86–87
foreign language rights
See also Publication; specific types of works
TRIPS (Trade Related Aspects of Intellectual
U.S. Copyright Office
Property Rights), 326, 330–336
authors’ document filing rights after
TROs (temporary restraining orders), 303
transfers, 212–213
U
basics of deposit requirements for
registration, 76–81
UCC (Universal Copyright Convention), 327,
checking copyright registration fees, 82
328
DMCA takedown designated agent directory,
Uncompleted works
317
copyright duration of, 231
exemptions from DMCA anticircumvention
See also Drafts; Unpublished works
provisions, 321–322
Unfair business practices/unfair competition
fair use guidelines (1976), 264–265
laws, 116, 118–119, 125, 136
filing a notice to libraries with (Form NLA),
Unfixed expression, 111–112, 372
271
Universal Copyright Convention (UCC), 327,
getting help with registration applications, 55
328
Notice of Intent to Enforce Copyright filings
Unpublished works
and, 334–335
copyright duration, 231, 234–236, 237, 241
notifying of author’s death date, 236
copyright notice on, 18, 32–33
notifying of copyright transfers (recordation),
depositing, 61, 76
104, 204, 226–228
drafts and uncompleted works, 85, 231, 310
notifying of identity of anonymous or
fair use and, 257–259
pseudonymous author, 232–234
infringement concerns, 33, 41, 85–86, 87
notifying of transfer termination, 211–212,
letters, 113, 163, 257–259, 288–289, 371
213
library copies of, 268, 270
online Fair Use Index, 252
limited publication to prevent a work from
online legal research resources, 392, 394
entering the public domain, 235
online registration process, 55–62
manuscript submissions to publishers, 33,
registration application review and
42–43, 88, 173, 310
processing, 62, 83, 88–90, 103
INDEX | 433
registration denials, 89, 90–91
WCT (WIPO Copyright Treaty), 327, 328
regulation regarding fact compilations, 157
Websites, 114
requesting full-term deposit retention, 91–92
as demonstration of profit motive, 351–352
searching records of, 239–240, 375, 378
domain names based on unpub
lished works,
See also Copyright registration entries;
88
Deposits
extent of copyright protection, 139
U.S. government contractors, works created by,
linking, framing, and inlining, 135–137
25, 123
permission fees for use of text on, 381
U.S. government works, 24–25, 123
publication dates and copyright notice, 24, 30
speeches and other oral expression, 120, 372
updates and registration, 72–73
Using the words of others. See Copies and
See also Online infringement; Online works
copying; Copyright licenses; Fair use;
Willful copyright infringement
Permissions; Public domain works/materials;
conscious vs. unconscious copying, 280
Quotations
copyright notice and, 18, 32
V
criminal prosecutions and penalties, 299–300
statutory damages awards and, 17, 47, 305
Verbatim copying
WIPO Copyright Treaty (WCT), 327, 328
fair use standards and, 134, 260, 262
Words
as infringement, 117, 120, 122, 129, 260,
individual, not protected by copyright, 118,
262, 285–286
127
and the merger doctrine, 290
See also Expression; Phrases
See also Quotations
Work-made-for-hire agreements, 173–178
Video. See Audiovisual works; Broadcasts;
assignment agreements as alternatives to, 171,
Films and video; Multimedia works; Online
172, 179, 184–186
works; Television
assignment provisions in, 177, 183, 185
Visual works, 2, 114, 134
basics, 173
images online, 137, 138–139
for commissioned works, 170, 171, 172, 220
See also Artwork; Audiovisual works;
for employee-created works, 165, 178
Illustrations; Moral rights; Multimedia
failed agreements as transfers, 184
works; Photographs
as legal requirement, 164, 165, 170, 172–173
W
letter agreements, 173–174, 175–176
requiring creator attribution, 172
Warning statements, 29–30, 42
sample agreements, 175–176, 180–183
Warranty and indemnity provisions
standard contracts, 174, 177–178, 180–183
collaboration agreements, 195, 196
sublicensing rights and, 209
permission agreements, 369, 371, 385, 386
tips for creators, 172, 174
publishing agreements, 196, 281
work-made-for-hire language on payment
WATCH (Writers, Artists, and Their
checks, 174
Copyright Holders) database, 368–369, 375
434 | THE COPYRIGHT HANDBOOK
Works made for hire, 163–186
scholarly (faculty) writings, 169–170
assignments of rights by creators, 171, 172,
speeches as, 372–373
179, 184–186
transfer termination rights and, 210, 215
basics, 7–8, 162, 163–164
See also Work-made-for-hire agreements
Canadian law, 339
Works of fancy
commissioned works, 162, 163, 164,
fair use standards and, 272
170–173, 179, 184
non-infringing similarities between,
copyright duration, 8, 186, 231, 232, 234,
124–127, 283–284
236, 241
protectable aspects of, 117–118, 124–127,
copyright owner’s name in notice, 20–21
286, 289
copyright registration, 44, 57, 59, 63–64
See also Fiction; Poetry; other specific types
electronic rights and, 219
World rights. See All world rights
employee-created works, 7–8, 20–21, 44,
Writers Guild of America
162, 164–170
collective bargaining agreements and
if a work does not satisfy work-made-for-hire
copyright rights of made-for-hire works, 172
requirements, 184
registering/depositing screenplays with,
if legal requirements are not met, 179, 184
92–94
jointly authored works, 184, 232
Writing styles, 127, 283–284, 286, 289
legal history, 163
ownership of copyright, 163, 179, 184
Y
periodical contributions as, 170–171, 216,
Year of publication. See Publication date
219, 220
YouTube videos, 133 l
Document Outline
Cover
Title Page
Table of Contents
Your Legal Companion
1: Copyright Basics Why Have a Copyright Law?
What Is Copyright?
How Is a Copyright Created and Protected?
What Copyright Protects
Limitations on Copyright Protection
Copyright Ownership and Transfer of Ownership
How Long a Copyright Lasts
Copyright Infringement
Other Protections for Intellectual Property
2: Copyright Notice Introduction: The Little “c” in a Circle
When Copyright Notice Is Required
Why Provide a Copyright Notice on Published Works?
When to Provide Notice
Notices for Online Works
Form of Notice
Notice on Compilations and Adaptations
Book Dust Jackets
Multimedia Works
Where to Place Copyright Notice
Other Information Near the Notice
Copyright Notice on Unpublished Manuscripts
3: Copyright Registration What Is Copyright Registration?
Why Register?
What Can and Should Be Registered
Who Can Register?
Registration as a Single Unit
Registering Derivative Works and Compilations
How to Register
Online Copyright Registration
Registering Using Form TX and Other Paper Application Forms
Registering Newspapers, Magazines, Newsletters, and Other Periodicals: Form SE, Form SE/Group, Form G/DN
Registering a Group of Contributions to Periodicals: Form GR/CP
Registering Online Works
Registering Multimedia Works
Registering Contents of Automated Databases
Satisfying Copyright Office Deposit Requirements
Sending Your Application to the Copyright Office
Postal Mailing Your Paper Application, Fee, and Deposit
Expedited Registration
Preregistration of Unpublished Works
Dealing With the Copyright Office
Full-Term Retention of Deposits and Other Ways to Preserve Deposits
Correcting Errors After Registration Is Completed
4: Correcting or Changing Copyright Notice or Registration Part I: Dealing With Errors or Omissions in Copyright Notice
Works Published After March 1, 1989
Copies Published Between January 1, 1978 and February 28, 1989
Works Published Before 1978
Types of Errors or Omissions That Invalidate a Copyright Notice
Part II: Dealing With Errors or Changes Affecting Copyright Registration: Supplemental Registration
Why a Supplemental Registration Should Be Filed (When Appropriate)
When Supplemental Registration Is Not Appropriate
Supplemental Registration Procedure
Effect
of Supplemental Registration
5: What Copyright Protects What Copyright Protects: Tangible, Original Expression
What Copyright Does Not Protect: The Boundaries of the Public Domain
Distinguishing Between Protected Expression and Material in the Public Domain: Putting It All Together
Copyright in the Online World
How Copyright Protects Different Types of Online Works
6: Adaptations and Compilations Derivative Works
Compilations
7: Initial Copyright Ownership Independent Authorship by an Individual
Works Made for Hire
Jointly Authored Works
8: Transferring Copyright Ownership How Copyright Ownership Rights Are Transferred to Others
Rights Retained by Author After Transfer
Copyright Transfers Between Freelance Writers and Magazines and Other Periodicals
Copyright Transfers Between Writers and Book Publishers
Electronic Publishing and Ownership of Electronic Rights
Transfer Documents
Marriage, Divorce, and Copyright Ownership
Recording Copyright Transfers With the Copyright Office
9: Copyright Duration Works Created During or After 1978
End of Calendar Year Rule
Works Created but Not Published or Registered Before January 1, 1978
Works Published or Registered Before January 1, 1978
Special Rules for Works First Published Abroad Before 1978
Duration of Copyright in Adaptations (Derivative Works)
Termination of Transfers of Renewal Term Rights in Pre‑1978 Works
10: Using Other Authors’ Words Introduction
Introduction to the Fair Use Privilege
When Is a Use a Fair Use?
Fair Use Online
Fair Use and the Photocopy Machine
Copying by Libraries and Archives
Other Fair Uses
11: Copyright Infringement: What It Is, What to Do About It, How to Avoid It What Is Copyright Infringement?
How to Know Whether You Have a Valid Infringement Claim
When Copying Protected Expression Is Excused
Self-Help Remedies for Copyright Infringement
Overview of Copyright Infringement Lawsuits
What You Can Get If You Win: Remedies for Copyright Infringement
What to Do If You’re Accused of Infringement
Copyright Infringement Online
What to Do If Someone Infringes Your Work Online
12: International Copyright Protection International Protection for U.S. Citizens and Nationals
Protection in the United States for Non‑U.S. Citizens
Copyright Protection in Canada
Marketing Your Work in Foreign Countries
The Copyright Handbook Page 74