Copyright Basics

Chapter 2

Chapter 23,584 wordsPublic domain

These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works will generally be computed in the same way as for works created on or after January 1, 1978: the life-plus-70 or 95/120-year terms will apply to them as well. The law provides that in no case will the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of copyright will not expire before December 31, 2047.

Works Originally Created and Published or Registered before January 1, 1978

Under the law in effect before 1978, copyright was secured either on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last (28th) year of the first term, the copyright was eligible for renewal. The Copyright Act of 1976 extended the renewal term from 28 to 47 years for copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights restored under the Uruguay Round Agreements Act (URAA), making these works eligible for a total term of protection of 75 years. Public Law 105-298 [http://thomas.loc.gov/cgi-bin/bdquery/z?d105:SN00505: |TOM:/bss/d105query.html| ], enacted on October 27, 1998, further extended the renewal term of copyrights still subsisting on that date by an additional 20 years, providing for a renewal term of 67 years and a total term of protection of 95 years.

Public Law 102-307 [http://thomas.loc.gov/cgi- bin/bdquery/z?d102:SN00756:|TOM:/bss/d102query.html|] enacted on June 26, 1992, amended the 1976 Copyright Act to provide for automatic renewal of the term of copyrights secured between January 1, 1964, and December 31, 1977. Although the renewal term is automatically provided, the Copyright Office does not issue a renewal certificate for these works unless a renewal application and fee are received and registered in the Copyright Office.

Public Law 102-307 [http://thomas.loc.gov/cgi- bin/bdquery/z?d102:SN00756:|TOM:/bss/d102query.html|] makes renewal registration optional. Thus, filing for renewal registration is no longer required in order to extend the original 28- year copyright term to the full 95 years. However, some benefits accrue from making a renewal registration during the 28th year of the original term.

For more detailed information on renewal of copyright and the copyright term, request "Renewal of Copyright" [http://www.loc.gov/copyright/circs/circ15.pdf] ; "Duration of Copyright" [http://www.loc.gov/copyright/circs/circ15a.pdf]; and "Extension of Copyright Terms" [http://www.loc.gov/copyright/circs/circ15t.pdf].

TRANSFER OF COPYRIGHT

Any or all of the copyright owner's _*exclusive*_ rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.

A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.

Transfers of copyright are normally made by contract. The Copyright Office does not have any forms for such transfers. The law does provide for the recordation in the Copyright Office of transfers of copyright ownership. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties. For information on recordation of transfers and other documents related to copyright, request "Recordation of Transfers and Other Documents" [http://www.loc.gov/copyright/circs/circ12.pdf].

Termination of Transfers

Under the previous law, the copyright in a work reverted to the author, if living, or if the author was not living, to other specified beneficiaries, provided a renewal claim was registered in the 28th year of the original term.* The present law drops the renewal feature except for works already in the first term of statutory protection when the present law took effect. Instead, the present law permits termination of a grant of rights after 35 years under certain conditions by serving written notice on the transferee within specified time limits.

*The copyright in works eligible for renewal on or after June 26, 1992, will vest in the name of the renewal claimant on the effective date of any renewal registration made during the 28th year of the original term. Otherwise, the renewal copyright will vest in the party entitled to claim renewal as of December 31st of the 28th year.

For works already under statutory copyright protection before 1978, the present law provides a similar right of termination covering the newly added years that extended the former maximum term of the copyright from 56 to 95 years. For further information, request Circular 15a [http://www.loc.gov/copyright/circs/circ15a.pdf] and Circular 15t [http://www.loc.gov/copyright/circs/circ15t.pdf] .

INTERNATIONAL COPYRIGHT PROTECTION

There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions. For further information and a list of countries that maintain copyright relations with the United States, request "International Copyright Relations of the United States." [http://www.loc.gov/copyright/circs/circ38a.pdf].

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. Among these advantages are the following:

+ Registration establishes a public record of the copyright claim.

+ Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

+ 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.

+ 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.

+ 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 [http://www.customs.gov] for online publications.

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.

REGISTRATION PROCEDURES

Original Registration

To register a work, send the following three elements _*in the same envelope or package*_ to:

Library of Congress Copyright Office 101 Independence Avenue, S.E. Washington, D.C. 20559-6000

1. A properly completed application form. 2. A nonrefundable filing fee of $30 (effective through June 30, 2002) for each application.

_NOTE:_ Copyright Office fees are subject to change. For current fees, please check the Copyright Office Website at [http://www.loc.gov/copyright/] write the Copyright Office, or call (202) 707-3000.

3. A nonreturnable deposit of the work being registered. The deposit requirements vary in particular situations. The general requirements follow.

Also note the information under "Special Deposit Requirements."

+ If the work was first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition.

+ If the work was first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published.

+ If the work was first published outside the United States, one complete copy or phonorecord of the work as first published.

+ If sending multiple works, all applications, deposits, and fees should be sent in the same package. If possible, applications should be attached to the appropriate deposit. Whenever possible, number each package (e. g., 1 of 3, 2 of 4) to facilitate processing.

What Happens if the Three Elements Are Not Received Together

Applications and fees received without appropriate copies, phonorecords, or identifying material will not be processed and ordinarily will be returned. Unpublished deposits without applications or fees ordinarily will be returned, also. In most cases, published deposits received without applications and fees can be immediately transferred to the collections of the Library of Congress. This practice is in accordance with Title 17, Chap. 4, Sec. 408 of the law, which provides that the published deposit required for the collections of the Library of Congress may be used for registration only if the deposit is "accompanied by the prescribed application and fee...."

After the deposit is received and transferred to another service unit of the Library for its collections or other disposition, it is no longer available to the Copyright Office. If you wish to register the work, you must deposit additional copies or phonorecords with your application and fee.

_Renewal Registration_

To register a renewal, send:

1. A properly completed application Form RE and, if necessary, Form RE Addendum, and

2. A nonrefundable filing fee of $45 without Addendum; $60 with Addendum for each application. (See Note above.) Each Addendum form must be accompanied by a deposit representing the work being reviewed. See Circular 15, "Renewal of Copyright."

*NOTE*: *Complete the application form using black ink pen or type.* You may photocopy blank application forms. *However*, photocopied forms submitted to the Copyright Office must be clear, legible, on a good grade of 8-1/2 inch by 11-inch white paper suitable for automatic feeding through a photocopier. The forms should be printed, preferably in black ink, head-to-head so that when you turn the sheet over, the top of page 2 is directly behind the top of page 1. *Forms not meeting these requirements may be returned resulting in delayed registration.*

Special Deposit Requirements

Special deposit requirements exist for many types of works. The following are prominent examples of exceptions to the general deposit requirements:

+ If the work is a motion picture, the deposit requirement is one complete copy of the unpublished or published motion picture _and_ a separate written description of its contents, such as a continuity, press book, or synopsis.

+ If the work is a literary, dramatic, or musical work *published only in a phonorecord*, the deposit requirement is one complete phonorecord.

+ If the work is an unpublished or published computer program, the deposit requirement is one visually perceptible copy in source code of the *first 25 and last 25 pages* of the program. For a program of fewer than 50 pages, the deposit is a copy of the entire program. For more information on computer program registration, including deposits for revised programs and provisions for trade secrets, request "Copyright Registration for Computer Programs" [http://www.loc.gov/copyright/circs/circ61.pdf].

+ If the work is in a CD-ROM format, the deposit requirement is one complete copy of the material, that is, the CD-ROM, the operating software, and any manual(s) accompanying it. If registration is sought for the computer program on the CD-ROM, the deposit should also include a printout of the first 25 and last 25 pages of source code for the program.

In the case of works reproduced in three-dimensional copies, identifying material such as photographs or drawings is ordinarily required. Other examples of special deposit requirements (but by no means an exhaustive list) include many works of the visual arts such as greeting cards, toys, fabrics, oversized materials (request "Deposit Requirements for Registration of Claims to Copyright in Visual Arts Material" [http://www.loc.gov/copyright/circs/circ40a.pdf]); video games and other machine-readable audiovisual works (request Circular 61 [http://www.loc.gov/copyright/circs/circ61.pdf]); automated databases (request Circular 65 [http://www.loc.gov/copyright/circs/circ65.pdf] , "Copyright Registration for Automated Databases"); and contributions to collective works. For information about deposit requirements for group registration of serials, request Circular 62 "Copyright Registration for Serials." [http://www.loc.gov/copyright/circs/circ62.pdf] ,

If you are unsure of the deposit requirement for your work, write or call the Copyright Office and describe the work you wish to register.

Unpublished Collections

Under the following conditions, a work may be registered in unpublished form as a "collection," with one application form and one fee:

+ The elements of the collection are assembled in an orderly form;

+ The combined elements bear a single title identifying the collection as a whole;

+ The copyright claimant in all the elements and in the collection as a whole is the same; and

+ All the elements are by the same author, or, if they are by different authors, at least one of the authors has contributed copyrightable authorship to each element. An unpublished collection is not indexed under the individual titles of the contents but under the title of the collection.

*NOTE*: A *Library of Congress Catalog Card Number* is different from a copyright registration number. The Cataloging in Publication (CIP) Division of the Library of Congress is responsible for assigning LC Catalog Card Numbers and is operationally separate from the Copyright Office. A book may be registered in or deposited with the Copyright Office but not necessarily cataloged and added to the Library's collections. For information about obtaining an LC Catalog Card Number, see the following homepage: [http://lcweb2.loc.gov/pcn]. For information on International Standard Book Numbering (ISBN), write to: ISBN, R. R. Bowker, 121 Chanlon Road, New Providence, NJ 07974. Call (877) 310-7333. For further information and to apply online, see [http://www.bowker.com/standards/]. For information on International Standard Serial Numbering (ISSN), write to: Library of Congress, National Serials Data Program, Serial Record Division, Washington, D. C. 20540-4160. Call (202) 707-6452. Or obtain information from [http://www.loc.gov/issn/].

EFFECTIVE DATE OF REGISTRATION

*A copyright registration is effective on the date the Copyright Office receives all the required elements in acceptable form*, regardless of how long it then takes to process the application and mail the certificate of registration. The time the Copyright Office requires to process an application varies, depending on the amount of material the Office is receiving.

If you apply for copyright registration, you will not receive an acknowledgment that your application has been received (the Office receives more than 600,000 applications annually), but you can expect:

+ A letter or a telephone call from a Copyright Office staff member if further information is needed or

+ A certificate of registration indicating that the work has been registered, or if the application cannot be accepted, a letter explaining why it has been rejected.

Requests to have certificates available for pickup in the Public Information Office or to have certificates sent by Federal Express or another mail service cannot be honored.

If you want to know the date that the Copyright Office receives your material, send it by registered or certified mail and request a return receipt.

CORRECTIONS AND AMPLIFICATIONS OF EXISTING REGISTRATIONS

To correct an error in a copyright registration or to amplify the information given in a registration, file a supplementary registration form -- Form CA [http://www.loc.gov/copyright/forms/formca.pdf] -- with the Copyright Office. The filing fee is $65. (See Note above.) The information in a supplementary registration augments but does not supersede that contained in the earlier registration. Note also that a supplementary registration is not a substitute for an original registration, for a renewal registration, or for recording a transfer of ownership. For further information about supplementary registration, request Circular 8 "Supplementary Copyright Registration" [http://www.loc.gov/copyright/circs/circ08.pdf].

MANDATORY DEPOSIT FOR WORKS PUBLISHED IN THE UNITED STATES

Although a copyright registration is not required, the Copyright Act establishes a mandatory deposit requirement for works published in the United States. See the definition of "publication." In general, the owner of copyright or the owner of the exclusive right of publication in the work has a legal obligation to deposit in the Copyright Office, within 3 months of publication in the United States, two copies (or in the case of sound recordings, two phonorecords) for the use of the Library of Congress. Failure to make the deposit can result in fines and other penalties but does not affect copyright protection.

Certain categories of works are exempt entirely from the mandatory deposit requirements, and the obligation is reduced for certain other categories. For further information about mandatory deposit, request Circular 7d "Mandatory Deposit of Copies or Phonorecords for the Library of Congress." [http://www.loc.gov/copyright/circs/circ07d.pdf].

USE OF MANDATORY DEPOSIT TO SATISFY REGISTRATION REQUIREMENTS

For works published in the United States, the copyright law contains a provision under which a single deposit can be made to satisfy both the deposit requirements for the Library and the registration requirements. In order to have this dual effect, the copies or phonorecords must be accompanied by the prescribed application form and filing fee.

WHO MAY FILE AN APPLICATION FORM?

The following persons are legally entitled to submit an application form:

+ *The author*. This is either the person who actually created the work or, if the work was made for hire, the employer or other person for whom the work was prepared.

+ *The copyright claimant*. The copyright claimant is defined in Copyright Office regulations as either the author of the work or a person or organization that has obtained ownership of all the rights under the copyright initially belonging to the author. This category includes a person or organization who has obtained by contract the right to claim legal title to the copyright in an application for copyright registration.

+ *The owner of exclusive right(s)*. Under the law, any of the exclusive rights that make up a copyright and any subdivision of them can be transferred and owned separately, even though the transfer may be limited in time or place of effect. The term "copyright owner" with respect to any one of the exclusive rights contained in a copyright refers to the owner of that particular right. Any owner of an exclusive right may apply for registration of a claim in the work.

+ *The duly authorized agent* of such author, other copyright claimant, or owner of exclusive right(s). Any person authorized to act on behalf of the author, other copyright claimant, or owner of exclusive rights may apply for registration.

There is no requirement that applications be prepared or filed by an attorney.

APPLICATION FORMS

For Original Registration

Form PA [http://www.loc.gov/copyright/forms/formpai.pdf] for published and unpublished works of the performing arts (musical and dramatic works, pantomimes and choreographic works, motion pictures and other audiovisual works)

Form SE [http://www.loc.gov/copyright/forms/formsei.pdf]

for serials, works issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely (periodicals, newspapers, magazines, newsletters, annuals, journals, etc.)

Form SR [http://www.loc.gov/copyright/forms/formsri.pdf]

for published and unpublished sound recordings

Form TX [http://www.loc.gov/copyright/forms/formtxi.pdf]

for published and unpublished nondramatic literary works

Form VA [http://www.loc.gov/copyright/forms/formvai.pdf]

for published and unpublished works of the visual arts (pictorial, graphic, and sculptural works, including architectural works)

Form G/DN [http://www.loc.gov/copyright/forms/formgdn.pdf]

a specialized form to register a complete month's issues of a daily newspaper when certain conditions are met

Short Form SE [http://www.loc.gov/copyright/forms/formses.pdf], and Short Form SE Group [http://www.loc.gov/copyright/forms/formseg.pdf]

specialized SE forms for use when certain requirements are met

Short Form TX [http://www.loc.gov/copyright/forms/formtxs.pdf], Short Form PA [http://www.loc.gov/copyright/forms/formpas.pdf], and Short Form VA [http://www.loc.gov/copyright/forms/formvas.pdf]

short versions of applications for original registration. For further information about using the short forms, request publication SL-7.

Form GATT [http://www.loc.gov/copyright/forms/formgatt.pdf], and Form GATT/GRP [http://www.loc.gov/copyright/forms/formgatg.pdf]

specialized forms to register a claim in a work or group of related works in which U. S. copyright was restored under the 1994 Uruguay Round Agreements Act (URAA). For further information, request Circular 38b [http://www.loc.gov/copyright/circs/circ38b.pdf].

*** For Renewal Registration