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The answers to
the following questions should be read as preparatory rather than as
definitive.
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works are protected?
Copyright
protects “original works of authorship” that are fixed in a tangible
form of expression. Copyrightable works are categorized as follows:
1)
literary works;
2)
musical works, including any accompanying words;
3)
dramatic works, including any accompanying music;
4)
pantomimes and choreographic works;
5)
pictorial, graphic, and sculptural works;
6)
motion pictures and other audiovisual works;
7)
sound recordings;
8)
architectural works.
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What
works are not protected by copyright?
Copyright
does not protect facts, ideas, systems, or methods of operation,
although it may protect the way these things are expressed.
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What
is copyright registration?
In
general, copyright registration is a legal formality intended to make a
public record of the basic facts of a particular copyright. However,
registration is not a condition of copyright protection. Even though
registration is not a requirement for protection, the copyright law
provides several inducements or advantages to encourage copyright owners
to make registration.
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When
is a work protected by copyright?
A
work is protected by a copyright at the moment you create it in a
tangible form (written copy, recorded music, filmed movie, digital data
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How
long is the term of a copyright?
The
Sonny Bono Term Extension Act, amends the provisions concerning duration
of a copyright protection. Effective
immediately, the terms of copyright are generally extended for an
additional 20 years. Specific
provisions are as follows:
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For
works created after January 1, 1978 copyright protection will endure
for the life of the author plus an additional 70 years.
In the case of a joint work, the term lasts for 70 years
after the last surviving author’s death. For anonymous and pseudonymous works and works for hire, the
term will be 95 years from the year of first publication or 120
years from the year of creation, which ever expires first;
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For
works created but not published or registered before January 1, 1978
the term endures for life of the author plus 70 years, but in no
case will expire earlier than December 31, 2002.
If the work is published before December 31, 2002 to the term
will not expire before December 31, 2047;
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For
pre-1978 works still in their original or renewal term of copyright,
the total term is extended to 95 years from the date that copyright
was originally secured.
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What
are the advantages of copyright registration?
The
advantages of copyright registration are the following:
A.
Registration establishes a public record of the copyright claim.
B.
Before an infringement suit may be filed in court, registration
is necessary for works of U. S. origin.
C.
If made before or within 5 years of publication, registration
will establish prima facie evidence in court of the validity of the
copyright and of the facts stated in the certificate.
D.
If registration is made within 3 months after publication of the
work or prior to an infringement of the work, statutory damages and
attorney's fees will be available to the copyright owner in court
actions. Otherwise, only an award of actual damages and profits is
available to the copyright owner.
E.
Registration allows the owner of the copyright to record the
registration with the U. S. Customs Service for protection against the
importation of infringing copies. For additional information, request
Publication No. 563 "How to Protect Your Intellectual Property
Right," from: U.S. Customs Service, P.O. Box 7404, Washington, D.C.
20044. See the U.S.
Customs Service Website at www.customs.gov for online publications.
F.
Registration may be made at any time within the life of the
copyright. Unlike the law before 1978, when a work has been registered
in unpublished form, it is not necessary to make another registration
when the work becomes published, although the copyright owner may
register the published edition, if desired.
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What
is publication?
Publication
has a technical meaning in copyright law.
According to the statue, “Publication is the distribution of
copies or phonorecords of a work to the public by sale or other transfer
of ownership, or by rental, lease or lending.
The offering to distribute copies or phonorecords to a group of
persons for purposes of further distribution, public performance, or
public display constitutes publication.
A public performance or display of the work does not in itself
constitute publication.” Generally,
publication occurs on the date on which copies of the work are first
made available to the public.
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Why
is publication important in the copyright law?
Publication
is an important concept in the copyright law for several reasons:
A.
Works that are published
in the United States are subject to mandatory deposit with the Library
of Congress.
B.
Publication of a work
can affect the limitations on the exclusive rights of the copyright
owner.
C.
The year of publication
may determine the duration of copyright protection for anonymous and
pseudonymous works (when the author's identity is not revealed in the
records of the Copyright Office) and for works made for hire.
D.
Deposit requirements for
registration of published works differ from those for registration of
unpublished works.
E. When
a work is published, it may bear a notice of copyright to identify the
year of publication and the name of the copyright owner and to inform
the public that the work is protected by copyright. Copies of works
published before March 1, 1989, must bear the notice or risk loss of
copyright protection.
F.
See discussion on "Notice
of Copyright" below.
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Who
May File a Copyright Application?
Copyright
protection is derived at the time the work is created in fixed form.
The copyright in the work of authorship immediately becomes the
property of the author who created the work.
Only the author or those driving their rights through the author
can rightfully claim to possess a copyright. The U.S. Copyright Office
will provide certificates to authors who apply for a copyright
certificate. Entities that are
legally entitled to submit an application form
include the following:
author of the work, copyright claimant, and the owner of exclusive
rights or the duly authorized agent of the author.
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Are
copyrights transferable?
Yes.
Like any other property, all or part of the rights in a work may
be transferred by the owner to another.
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What
is copyright notice?
The
copyright notice is an identifier placed on copies of the work to inform
the world of copyright ownership. Copyright
notice was once required as a condition of copyright protection, it is
now optional. Use of the
notice is the responsibility of the copyright owner and does not require
advance permission from, or registration with the copyright office.
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What is the proper way to give
notice of copyright?
Notice
of ownership of copyright must be placed on easily observable position
on all copies. Use of the words "All rights reserved" provides
protection in a couple South American countries. Notice has three parts:
1)
A word, abbreviation, or symbol designating copyright (copyright,
cprt, or ©).
2)
The name of the author.
3)
The year in which the work was completed. Multiple years indicate
multiple years of completion (i.e. continuing editing).
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May
a minor claim copyright?
Minors
may claim copyright, and the copyright office does issue registration to
minors, but state law may regulate the business dealings involving
copyrights owned by minors.
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Can I copyright the name of my
brand?
No.
Names are not protected by copyright law.
Some names may be protected under trademark law.
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How do I copyright the name,
title, slogan or logo?
Copyright
does not protect names, titles, slogans, or short phrases.
In some cases, these things may be protected as trademarks.
However, copyright protection may be available for logo artwork
that contains sufficient authorship.
In some circumstances, an artistic logo may be protected as a
trademark.
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How
much of someone else’s work can I use without getting permission?
Under
the fair use doctrine of the US copyright statute, it is permissible to
use limited portions of the work including quotes, for purposes such as
commentary, criticism, news reporting, and scholarly reports.
There are no legal rules permitting the use of a specific number
of words, a certain number of musical notes, or percentages of the work.
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What
is an ISBN and number?
The
International Standard Book Number is administered by the R. R. Bowker
Company. The ISDN is a
numerical identifier intended to assist the international community in
identifying and ordering certain publications.
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What
is a Library of Congress number?
The
Library of Congress catalog number is assigned by the library at its
discretion to assist labor and requiring and cataloging works.
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How do I collect royalties?
The
collection of royalties is usually a matter of private arrangements
between author and publisher or other users of the author’s work. The
Copyright Office plays no role in the execution of contractual terms or
business practices. There
are copyright licensing organizations and publications rights
clearinghouses that distribute royalties for their members.
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Is
my copyright good in other countries?
United
States has copyright relations with more than 100 countries throughout
the world, as a result of these arrangements, United States and the
other country honors each other’s citizens’ copyrights. However, the
United States does not have such copyright relationships with every
country.
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How
do I protect my sighting of Elvis?
Copyright
law does not protect sightings. However,
copyright law will protect your photo (or other depiction) of your
sighting of Elvis.
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What
can I do if somebody infringed my copyright?
A
party may seek to protect his or her copyrights against unauthorized use
by filing a civil lawsuit any Federal district court. If you believe
that your copyright has been infringed, you will need an attorney to
help you file a lawsuit. In
cases of willful infringement for-profit the US attorney may initiate a
criminal investigation.
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Could
I be sued for using somebody else’s working?
How about quotes and samples?
If
you use copyrighted work without authorization, the owner may be
entitled to bring infringement action against you. There are
circumstances under the “fair
use doctrine” where a quote or a sample may be used without
permission. However, in
cases of doubt, the copyright office recommends that permission be
obtained.
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What
is the fair use exception to author’s rights?
17
U.S.C. §107 limitations on exclusive rights: fair use. “...the fair
use of a copyrighted work, including such use by reproduction copies or
for records or by any other means, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an infringement of
copyright. Determining
whether the use made for a work in any particular case is a fair use the
factors to be considered shall include:
1)
The purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes;
2)
The nature of the copyrighted work;
3)
The amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
4)
The effect of the use upon the potential market or value of the
copyrighted work.”
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How
do I get my work into the Library of Congress?
Copies
of works deposited for copyright registration or in fulfillment of the
mandatory deposit requirement are available to the Library of Congress
for its collections. The
library reserves the right to select or reject any published work for
its permanent collections based on the research needs of Congress, the
nation’s scholars, end of the nation’s libraries. If you would like further information on the library
selection policies, you may contact: Library of Congress, Collections
Policies Office, 101 Independence Ave. SE, Washington DC, 20540.
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