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FOR PUBLIC DOMAIN ETEXTS*Ver.10/04/01*END* + + + + +Produced by George Davis. + +Copyright Basics (Circular 1) + +U.S. Copyright Office - Library of Congress + +Copyright Basics +September 2000 + +------------------------------------------------------------------------ +Copyright Basics +------------------------------------------------------------------------ + +(See Format Note at end of document.) + +Table of Contents + + + What Is Copyright? + + Who Can Claim Copyright + + Copyright and National Origin of the Work + + What Works Are Protected? + + What Is Not Protected by Copyright? + + How to Secure Copyright + + Publication + + Notice of Copyright + + Form of Notice for Visually Perceptible Copies + + Form of Notice for Phonorecords of Sound Recordings + + Position of Notice + + Publications Incorporating U.S. Government Works + + Unpublished Works + + Omission of Notice and Errors in Notice + + How Long Copyright Protection Endures + + Transfer of Copyright + + Termination of Transfers + + International Copyright Protection + + Copyright Registration + + Registration Procedures + + Original Registration + + Special Deposit Requirements + + Unpublished Collections + + Effective Date of Registration + + Corrections and Amplifications of Existing Registrations + + Mandatory Deposit for Works Published in the United States + + Use of Mandatory Deposit to Satisfy Registration Requirements + + Who May File an Application Form? + + Application Forms + + Fill-in Forms + + Fees + + Search of Copyright Office Records + + For Further Information + +------------------------------------------------------------------------ + +WHAT IS COPYRIGHT? + +Copyright is a form of protection provided by the laws of the United +States (title 17, U.S. Code) to the authors of "original works of +authorship", including literary, dramatic, musical, artistic, and +certain other intellectual works. This protection is available to both +published and unpublished works. Section 106 of the 1976 Copyright Act +generally gives the owner of copyright the exclusive right to do and to +authorize others to do the following: + + + *To reproduce* the work in copies or phonorecords; + + + To prepare *derivative works* based upon the work; + + + *To distribute copies or phonorecords* of the work to the public by + sale or other transfer of ownership, or by rental, lease, or + lending; + + + To perform the work publicly, in the case of literary, musical, + dramatic, and choreographic works, pantomimes, and motion pictures + and other audiovisual works; + + + *To display the copyrighted work publicly*, in the case of literary, + musical, dramatic, and choreographic works, pantomimes, and + pictorial, graphic, or sculptural works, including the individual + images of a motion picture or other audiovisual work; and + + + In the case of *sound recordings, to perform the work publicly* by + means of a *digital audio transmission*. + +In addition, certain authors of works of visual art have the rights of +attribution and integrity as described in Title 17, Chap 1, Section 106a +(Circular 92) of the 1976 Copyright Act. For further information, +request "Copyright Registration for Works of the Visual Arts" +[http://www.loc.gov/copyright/circs/circ40.pdf]. + +It is illegal for anyone to violate any of the rights provided by the +copyright law to the owner of copyright. These rights, however, are not +unlimited in scope. Title 17, Chap 1 of the 1976 Copyright Act +establish limitations on these rights. In some cases, these limitations +are specified exemptions from copyright liability. One major limitation +is the doctrine of "fair use", which is given a statutory basis in Title +17, Chap1, Section 107 of the 1976 Copyright Act. In other instances, +the limitation takes the form of a "compulsory license" under which +certain limited uses of copyrighted works are permitted upon payment of +specified royalties and compliance with statutory conditions. For +further information about the limitations of any of these rights, +consult the copyright law or write to the Copyright Office. + +------------------------------------------------------------------------ +WHO CAN CLAIM COPYRIGHT + +Copyright protection subsists from 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 +deriving their rights through the author can rightfully claim copyright. + +In the case of works made for hire, the employer and not the employee is +considered to be the author. Title 17, Chap 1, Sec. 101 of the +copyright law defines a "work made for hire" as: + + + (1) a work prepared by an employee within the scope of his or her + employment; or + + + (2) a work specially ordered or commissioned for use as: + + a contribution to a collective work + + a part of a motion picture or other audiovisual work + + a translation + + a supplementary work + + a compilation + + an instructional text + + a test + + answer material for a test + + a sound recording + + an atlas + +if the parties expressly agree in a written instrument signed by them +that the work shall be considered a work made for hire.... + +The authors of a joint work are co-owners of the copyright in the work, +unless there is an agreement to the contrary. + +Copyright in each separate contribution to a periodical or other +collective work is distinct from copyright in the collective work as a +whole and vests initially with the author of the contribution. + + +Two General Principles + + + Mere ownership of a book, manuscript, painting, or any other copy or + phonorecord does not give the possessor the copyright. The law + provides that transfer of ownership of any material object that + embodies a protected work does not of itself convey any rights in + the copyright. + + + Minors may claim copyright, but state laws may regulate the business + dealings involving copyrights owned by minors. For information on + relevant state laws, consult an attorney. + +------------------------------------------------------------------------ +COPYRIGHT AND NATIONAL ORIGIN OF THE WORK + +Copyright protection is available for all unpublished works, regardless +of the nationality or domicile of the author. Published works are +eligible for copyright protection in the United States if *any* one of +the following conditions is met: + + + On the date of first publication, one or more of the authors is a + national or domiciliary of the United States, or is a national, + domiciliary, or sovereign authority of a treaty party,* or is a + stateless person wherever that person may be domiciled; or *A treaty + party is a country or intergovernmental organization other than the + United States that is a party to an international agreement. + + + The work is first published in the United States or in a foreign + nation that, on the date of first publication, is a treaty party. + For purposes of this condition, a work that is published in the + United States or a treaty party within 30 days after publication in + a foreign nation that is not a treaty party shall be considered to + be first published in the United States or such treaty party, as the + case may be; or + + + The work is a sound recording that was first fixed in a treaty + party; or + + + The work is a pictorial, graphic, or sculptural work that is + incorporated in a building or other structure, or an architectural + work that is embodied in a building and the building or structure is + located in the United States or a treaty party; or + + + The work is first published by the United Nations or any of its + specialized agencies, or by the Organization of American States; or + + + The work is a foreign work that was in the public domain in the + United States prior to 1996 and its copyright was restored under the + Uruguay Round Agreements Act (URAA). Request "Highlights of + Copyright Amendments Contained in the Uruguay Round Agreements Act + (URAA-GATT), [http://www.loc.gov/copyright/circs/circ38b.pdf], for + further information. + + + The work comes within the scope of a Presidential proclamation. + +------------------------------------------------------------------------ + +WHAT WORKS ARE PROTECTED? + +Copyright protects "original works of authorship" that are fixed in a +tangible form of expression. The fixation need not be directly +perceptible so long as it may be communicated with the aid of a machine +or device. Copyrightable works include the following categories: + + + (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 + +These categories should be viewed broadly. For example, computer +programs and most "compilations" may be registered as "literary works"; +maps and architectural plans may be registered as "pictorial, graphic, +and sculptural works." + +------------------------------------------------------------------------ + +WHAT IS NOT PROTECTED BY COPYRIGHT? + +Several categories of material are generally not eligible for federal +copyright protection. These include among others: + + + Works that have *not* been fixed in a tangible form of expression + (for example, choreographic works that have not been notated or + recorded, or improvisational speeches or performances that have not + been written or recorded) + + + Titles, names, short phrases, and slogans; familiar symbols or + designs; mere variations of typographic ornamentation, lettering, or + coloring; mere listings of ingredients or contents + + + Ideas, procedures, methods, systems, processes, concepts, + principles, discoveries, or devices, as distinguished from a + description, explanation, or illustration + + + Works consisting *entirely* of information that is common property + and containing no original authorship (for example: standard + calendars, height and weight charts, tape measures and rulers, and + lists or tables taken from public documents or other common sources) + +------------------------------------------------------------------------ + +HOW TO SECURE A COPYRIGHT + +Copyright Secured Automatically upon Creation + +The way in which copyright protection is secured is frequently +misunderstood. No publication or registration or other action in the +Copyright Office is required to secure copyright. (See following Note.) +There are, however, certain definite advantages to registration. See +"Copyright Registration." Copyright is secured *automatically* when the +work is created, and a work is "created" when it is fixed in a copy or +phonorecord for the first time. "Copies" are material objects from which +a work can be read or visually perceived either directly or with the aid +of a machine or device, such as books, manuscripts, sheet music, film, +videotape, or microfilm. "Phonorecords" are material objects embodying +fixations of sounds (excluding, by statutory definition, motion picture +soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a +song (the "work") can be fixed in sheet music (" copies") or in +phonograph disks (" phonorecords"), or both. + +If a work is prepared over a period of time, the part of the work that +is fixed on a particular date constitutes the created work as of that +date. + +------------------------------------------------------------------------ + +PUBLICATION + +Publication is no longer the key to obtaining federal copyright as it +was under the Copyright Act of 1909. However, publication remains +important to copyright owners. + +The 1976 Copyright Act defines publication as follows: + +"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 a work does not of itself constitute publication. + + +*** + +NOTE: Before 1978, federal copyright was generally secured by the act +of publication with notice of copyright, assuming compliance with all +other relevant statutory conditions. U. S. works in the public domain on +January 1, 1978, (for example, works published without satisfying all +conditions for securing federal copyright under the Copyright Act of +1909) remain in the public domain under the 1976 Copyright Act. + +Certain foreign works originally published without notice had their +copyrights restored under the Uruguay Round Agreements Act (URAA). +Request Circular 38B [http://www.loc.gov/copyright/circs/circ38b.pdf] +and see the "Notice of Copyright" section of this publication for +further information. + +Federal copyright could also be secured before 1978 by the act of +registration in the case of certain unpublished works and works eligible +for ad interim copyright. The 1976 Copyright Act automatically extends +to full term (Title 17, Chap. 3, Sec. 304 sets the term) copyright for +all works, including those subject to ad interim copyright if ad interim +registration has been made on or before June 30, 1978. + +*** + + +A further discussion of the definition of "publication" can be found in +the legislative history of the 1976 Copyright Act. The legislative +reports define "to the public" as distribution to persons under no +explicit or implicit restrictions with respect to disclosure of the +contents. The reports state that the definition makes it clear that the +sale of phonorecords constitutes publication of the underlying work, for +example, the musical, dramatic, or literary work embodied in a +phonorecord. The reports also state that it is clear that any form of +dissemination in which the material object does not change hands, for +example, performances or displays on television, is _*not*_ a +publication no matter how many people are exposed to the work. However, +when copies or phonorecords are offered for sale or lease to a group of +wholesalers, broadcasters, or motion picture theaters, publication does +take place if the purpose is further distribution, public performance, +or public display. + +Publication is an important concept in the copyright law for several +reasons: + + + Works that are published in the United States are subject to + mandatory deposit with the Library of Congress. See discussion on + "Mandatory Deposit for Works Published in the United States." + + + Publication of a work can affect the limitations on the exclusive + rights of the copyright owner that are set forth in Title 17, Chap 1 + of the law. + + + 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. + + + Deposit requirements for registration of published works differ from + those for registration of unpublished works. See discussion on + "Registration Procedures." + + + 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. See discussion on "Notice of + Copyright" below. + +------------------------------------------------------------------------ + +NOTICE OF COPYRIGHT + +The use of a copyright notice is no longer required under U. S. law, +although it is often beneficial. Because prior law did contain such a +requirement, however, the use of notice is still relevant to the +copyright status of older works. + +Notice was required under the 1976 Copyright Act. This requirement was +eliminated when the United States adhered to the Berne Convention, +effective March 1, 1989. Although works published without notice before +that date could have entered the public domain in the United States, the +Uruguay Round Agreements Act (URAA) restores copyright in certain +foreign works originally published without notice. For further +information about copyright amendments in the URAA, request Circular 38 +[http://www.loc.gov/copyright/circs/circ38b.pdf] . + +The Copyright Office does not take a position on whether copies of works +first published with notice before March 1, 1989, which are distributed +on or after March 1, 1989, must bear the copyright notice. + +Use of the notice may be important because it informs the public that +the work is protected by copyright, identifies the copyright owner, and +shows the year of first publication. Furthermore, in the event that a +work is infringed, if a proper notice of copyright appears on the +published copy or copies to which a defendant in a copyright +infringement suit had access, then no weight shall be given to such a +defendant's interposition of a defense based on innocent infringement in +mitigation of actual or statutory damages, except as provided in Title +17, Chap. 5, Sec. 504 of the copyright law. Innocent infringement occurs +when the infringer did not realize that the work was protected. + +The use of the copyright notice is the responsibility of the copyright +owner and does not require advance permission from, or registration +with, the Copyright Office. + + +Form of Notice for Visually Perceptible Copies + +The notice for visually perceptible copies should contain all the +following three elements: + +1. _The symbol_ (the letter C in a circle), or the word "Copyright," or +the abbreviation "Copr."; and + +2. _The year of first publication_ of the work. In the case of +compilations or derivative works incorporating previously published +material, the year date of first publication of the compilation or +derivative work is sufficient. The year date may be omitted where a +pictorial, graphic, or sculptural work, with accompanying textual +matter, if any, is reproduced in or on greeting cards, postcards, +stationery, jewelry, dolls, toys, or any useful article; and + +3. _The name of the owner of copyright_ in the work, or an abbreviation +by which the name can be recognized, or a generally known alternative +designation of the owner. + +Example: (the letter C in a circle symbol) 2000 John Doe + +The "C in a circle" notice is used only on "visually perceptible +copies." Certain kinds of works--for example, musical, dramatic, and +literary works--may be fixed not in "copies" but by means of sound in an +audio recording. Since audio recordings such as audio tapes and +phonograph disks are "phonorecords" and not "copies," the "C in a +circle" notice is not used to indicate protection of the underlying +musical, dramatic, or literary work that is recorded. + + +Form of Notice for Phonorecords of Sound Recordings* + +* Sound recordings are defined in the law as "works that result from the +fixation of a series of musical, spoken, or other sounds, but not +including the sounds accompanying a motion picture or other audiovisual +work." Common examples include recordings of music, drama, or lectures. +A sound recording is not the same as a phonorecord. A phonorecord is the +physical object in which works of authorship are embodied. The word +"phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as +well as other formats. + + +The notice for phonorecords embodying a sound recording should contain +all the following three elements: + +1. _*The symbol*_ (the letter P in a circle); and + +2. _*The year of first publication*_ of the sound recording; and + +3. _*The name of the owner of copyright*_ in the sound recording, or an +abbreviation by which the name can be recognized, or a generally known +alternative designation of the owner. If the producer of the sound +recording is named on the phonorecord label or container and if no other +name appears in conjunction with the notice, the producer's name shall +be considered a part of the notice. + +Example: (the letter P in a circle symbol) 2000 A. B. C. Records Inc. + + +NOTE: Since questions may arise from the use of variant forms of the +notice, you may wish to seek legal advice before using any form of the +notice other than those given here. + + +Position of Notice + +The copyright notice should be affixed to copies or phonorecords in such +a way as to "give reasonable notice of the claim of copyright." The +three elements of the notice should ordinarily appear together on the +copies or phonorecords or on the phonorecord label or container. The +Copyright Office has issued regulations concerning the form and position +of the copyright notice in the Code of Federal Regulations ( +[http://www.loc.gov/copyright/title37/201/37cfr201.20.html] ). For more +information, request [http://www.loc.gov/copyright/circs/circ03.pdf] , +"Copyright Notice." + + +-=Publications Incorporating U. S. Government Works=- + +Works by the U. S. Government are not eligible for U. S. copyright +protection. For works published on and after March 1, 1989, the previous +notice requirement for works consisting primarily of one or more U. S. +Government works has been eliminated. However, use of a notice on such a +work will defeat a claim of innocent infringement as previously +described provided the notice also includes a statement that identifies +either those portions of the work in which copyright is claimed or those +portions that constitute U. S. Government material. + +Example: (the letter C in a circle symbol) 2000 Jane Brown. Copyright +claimed in Chapters 7-10, exclusive of U. S. Government maps + +Copies of works published before March 1, 1989, that consist primarily +of one or more works of the U. S. Government _*should*_ have a notice +and the identifying statement. + + +-=Unpublished Works=- + +The author or copyright owner may wish to place a copyright notice on +any unpublished copies or phonorecords that leave his or her control. _ +Example: Unpublished work (letter C in a circle symbol) 1999 Jane Doe + + +-=Omission of the Notice and Errors in Notice=- + +The 1976 Copyright Act attempted to ameliorate the strict consequences +of failure to include notice under prior law. It contained provisions +that set out specific corrective steps to cure omissions or certain +errors in notice. Under these provisions, an applicant had 5 years after +publication to cure omission of notice or certain errors. Although these +provisions are technically still in the law, their impact has been +limited by the amendment making notice optional for all works published +on and after March 1, 1989. For further information, request Circular 3 +[http://www.loc.gov/copyright/circs/circ03.pdf]. + + +------------------------------------------------------------------------ + +HOW LONG COPYRIGHT PROTECTION ENDURES + + +Works Originally Created on or after January 1, 1978 + +A work that is created (fixed in tangible form for the first time) on or +after January 1, 1978, is automatically protected from the moment of its +creation and is ordinarily given a term enduring for the author's life +plus an additional 70 years after the author's death. In the case of "a +joint work prepared by two or more authors who did not work for hire," +the term lasts for 70 years after the last surviving author's death. For +works made for hire, and for anonymous and pseudonymous works (unless +the author's identity is revealed in Copyright Office records), the +duration of copyright will be 95 years from publication or 120 years +from creation, whichever is shorter. + + +Works Originally Created before January 1, 1978, But Not Published or +Registered by That Date + +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 + +Form RE [http://www.loc.gov/copyright/forms/formrei.pdf] + + for claims to renew copyright in works copyrighted under the law in + effect through December 31, 1977 (1909 Copyright Act) and registered + during the initial 28-year copyright term + +Form RE Addendum [http://www.loc.gov/copyright/forms/formrea.pdf] + + accompanies Form RE for claims to renew copyright in works copyrighted + under the 1909 Copyright Act but never registered during their initial + 28-year copyright term + + +*** +For Corrections and Amplifications + +Form CA [http://www.loc.gov/copyright/forms/formca.pdf] + + for supplementary registration to correct or amplify information given + in the Copyright Office record of an earlier registration + + +*** +For a Group of Contributions to Periodicals + +Form GR/CP [http://www.loc.gov/copyright/forms/formgrcp.pdf] + + an adjunct application to be used for registration of a group of + contributions to periodicals in addition to an application Form TX, + PA, or VA + + +*** +How to Obtain Application Forms + +See "For Further Information" below. + +You must have Adobe Acrobat Reader (R) +[http://www.adobe.com/prodindex/acrobat/readstep.html] installed on your +computer to view and print the forms accessed on the Internet. Adobe +Acrobat Reader may be downloaded free from Adobe Systems Incorporated +through links from the same Internet site from which the forms are +available. + +Print forms head to head (top of page 2 is directly behind the top of +page 1) on a single piece of good quality, 8-1/2-inch by 11-inch white +paper. To achieve the best quality copies of the application forms, use +a laser printer. + + +*** +FILL-IN FORMS AVAILABLE + +All Copyright Office forms are available on the Copyright Office Website +in fill-in version. Go to http://www.loc.gov/copyright/forms/ and follow +the instructions. The fill-in forms allow you to enter information while +the form is displayed on the screen by an Adobe Acrobat Reader product. +You may then print the completed form and mail it to the Copyright +Office. Fill-in forms provide a clean, sharp printout for your records +and for filing with the Copyright Office. + + +------------------------------------------------------------------------ + +FEES + +All remittances should be in the form of drafts, that is, checks, money +orders, or bank drafts, payable to: Register of Copyrights. Do not +send cash. Drafts must be redeemable without service or exchange fee +through a U. S. institution, must be payable in U. S. dollars, and must +be imprinted with American Banking Association routing numbers. +International Money Orders and Postal Money Orders that are negotiable +only at a post office are not acceptable. + +If a check received in payment of the filing fee is returned to the +Copyright Office as uncollectible, the Copyright Office will cancel the +registration and will notify the remitter. + +The filing fee for processing an original, supplementary, or renewal +claim is nonrefundable, whether or not copyright registration is +ultimately made. + +*Do not send cash*. The Copyright Office cannot assume any +responsibility for the loss of currency sent in payment of copyright +fees. For further information, request Circular 4 "Copyright Fees" +[http://www.loc.gov/copyright/circs/circ04.pdf]. + + + + *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. + + +------------------------------------------------------------------------ + +SEARCH OF COPYRIGHT OFFICE RECORDS + +The records of the Copyright Office are open for inspection and +searching by the public. Moreover, on request, the Copyright Office +will search its records for you at the statutory hourly rate of $65 for +each hour or fraction of an hour. (See NOTE above.) For information on +searching the Office records concerning the copyright status or +ownership of a work, request "How to Investigate the Copyright Status of +a Work" [http://www.loc.gov/copyright/circs/circ22.pdf], and "The +Copyright Card Catalog and the Online Files of the Copyright Office" +[http://www.loc.gov/copyright/circs/circ23.pdf]. + +Copyright Office records in machine-readable form cataloged from January +1, 1978, to the present, including registration and renewal information +and recorded documents, are now available for searching on the Internet. +These files may be examined through LOCIS (Library of Congress +Information System). You may connect to LOCIS through the World Wide Web +at [http://www.loc.gov/copyright/rb.html] + + +------------------------------------------------------------------------ + +FOR FURTHER INFORMATION + +*Information via the Internet*: Circulars, announcements, regulations, +other related materials, and all copyright application forms are +available from the Copyright Office Website at +http://www.loc.gov/copyright/. + +*Information by fax*: Circulars and other information (but not +application forms) are available from Fax-on-Demand at (202) 707-2600. + +*Information by telephone*: For general information about copyright, +call the Copyright Public Information Office at (202) 707-3000. The TTY +number is (202) 707-6737. Information specialists are on duty from 8:30 +a. m. to 5:00 p. m. Monday through Friday, eastern time, except federal +holidays. Recorded information is available 24 hours a day. 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FOR PUBLIC DOMAIN ETEXTS*Ver.10/04/01*END* + + + + +Produced by George Davis. + +Copyright Basics (Circular 1) + +U.S. Copyright Office - Library of Congress + +Copyright Basics +September 2000 + +------------------------------------------------------------------------ +Copyright Basics +------------------------------------------------------------------------ + +(See Format Note at end of document.) + +Table of Contents + + + What Is Copyright? + + Who Can Claim Copyright + + Copyright and National Origin of the Work + + What Works Are Protected? + + What Is Not Protected by Copyright? + + How to Secure Copyright + + Publication + + Notice of Copyright + + Form of Notice for Visually Perceptible Copies + + Form of Notice for Phonorecords of Sound Recordings + + Position of Notice + + Publications Incorporating U.S. Government Works + + Unpublished Works + + Omission of Notice and Errors in Notice + + How Long Copyright Protection Endures + + Transfer of Copyright + + Termination of Transfers + + International Copyright Protection + + Copyright Registration + + Registration Procedures + + Original Registration + + Special Deposit Requirements + + Unpublished Collections + + Effective Date of Registration + + Corrections and Amplifications of Existing Registrations + + Mandatory Deposit for Works Published in the United States + + Use of Mandatory Deposit to Satisfy Registration Requirements + + Who May File an Application Form? + + Application Forms + + Fill-in Forms + + Fees + + Search of Copyright Office Records + + For Further Information + +------------------------------------------------------------------------ + +WHAT IS COPYRIGHT? + +Copyright is a form of protection provided by the laws of the United +States (title 17, U.S. Code) to the authors of "original works of +authorship", including literary, dramatic, musical, artistic, and +certain other intellectual works. This protection is available to both +published and unpublished works. Section 106 of the 1976 Copyright Act +generally gives the owner of copyright the exclusive right to do and to +authorize others to do the following: + + + *To reproduce* the work in copies or phonorecords; + + + To prepare *derivative works* based upon the work; + + + *To distribute copies or phonorecords* of the work to the public by + sale or other transfer of ownership, or by rental, lease, or + lending; + + + To perform the work publicly, in the case of literary, musical, + dramatic, and choreographic works, pantomimes, and motion pictures + and other audiovisual works; + + + *To display the copyrighted work publicly*, in the case of literary, + musical, dramatic, and choreographic works, pantomimes, and + pictorial, graphic, or sculptural works, including the individual + images of a motion picture or other audiovisual work; and + + + In the case of *sound recordings, to perform the work publicly* by + means of a *digital audio transmission*. + +In addition, certain authors of works of visual art have the rights of +attribution and integrity as described in Title 17, Chap 1, Section 106a +(Circular 92) of the 1976 Copyright Act. For further information, +request "Copyright Registration for Works of the Visual Arts" +[http://www.loc.gov/copyright/circs/circ40.pdf]. + +It is illegal for anyone to violate any of the rights provided by the +copyright law to the owner of copyright. These rights, however, are not +unlimited in scope. Title 17, Chap 1 of the 1976 Copyright Act +establish limitations on these rights. In some cases, these limitations +are specified exemptions from copyright liability. One major limitation +is the doctrine of "fair use", which is given a statutory basis in Title +17, Chap1, Section 107 of the 1976 Copyright Act. In other instances, +the limitation takes the form of a "compulsory license" under which +certain limited uses of copyrighted works are permitted upon payment of +specified royalties and compliance with statutory conditions. For +further information about the limitations of any of these rights, +consult the copyright law or write to the Copyright Office. + +------------------------------------------------------------------------ +WHO CAN CLAIM COPYRIGHT + +Copyright protection subsists from 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 +deriving their rights through the author can rightfully claim copyright. + +In the case of works made for hire, the employer and not the employee is +considered to be the author. Title 17, Chap 1, Sec. 101 of the +copyright law defines a "work made for hire" as: + + + (1) a work prepared by an employee within the scope of his or her + employment; or + + + (2) a work specially ordered or commissioned for use as: + + a contribution to a collective work + + a part of a motion picture or other audiovisual work + + a translation + + a supplementary work + + a compilation + + an instructional text + + a test + + answer material for a test + + a sound recording + + an atlas + +if the parties expressly agree in a written instrument signed by them +that the work shall be considered a work made for hire.... + +The authors of a joint work are co-owners of the copyright in the work, +unless there is an agreement to the contrary. + +Copyright in each separate contribution to a periodical or other +collective work is distinct from copyright in the collective work as a +whole and vests initially with the author of the contribution. + + +Two General Principles + + + Mere ownership of a book, manuscript, painting, or any other copy or + phonorecord does not give the possessor the copyright. The law + provides that transfer of ownership of any material object that + embodies a protected work does not of itself convey any rights in + the copyright. + + + Minors may claim copyright, but state laws may regulate the business + dealings involving copyrights owned by minors. For information on + relevant state laws, consult an attorney. + +------------------------------------------------------------------------ +COPYRIGHT AND NATIONAL ORIGIN OF THE WORK + +Copyright protection is available for all unpublished works, regardless +of the nationality or domicile of the author. Published works are +eligible for copyright protection in the United States if *any* one of +the following conditions is met: + + + On the date of first publication, one or more of the authors is a + national or domiciliary of the United States, or is a national, + domiciliary, or sovereign authority of a treaty party,* or is a + stateless person wherever that person may be domiciled; or *A treaty + party is a country or intergovernmental organization other than the + United States that is a party to an international agreement. + + + The work is first published in the United States or in a foreign + nation that, on the date of first publication, is a treaty party. + For purposes of this condition, a work that is published in the + United States or a treaty party within 30 days after publication in + a foreign nation that is not a treaty party shall be considered to + be first published in the United States or such treaty party, as the + case may be; or + + + The work is a sound recording that was first fixed in a treaty + party; or + + + The work is a pictorial, graphic, or sculptural work that is + incorporated in a building or other structure, or an architectural + work that is embodied in a building and the building or structure is + located in the United States or a treaty party; or + + + The work is first published by the United Nations or any of its + specialized agencies, or by the Organization of American States; or + + + The work is a foreign work that was in the public domain in the + United States prior to 1996 and its copyright was restored under the + Uruguay Round Agreements Act (URAA). Request "Highlights of + Copyright Amendments Contained in the Uruguay Round Agreements Act + (URAA-GATT), [http://www.loc.gov/copyright/circs/circ38b.pdf], for + further information. + + + The work comes within the scope of a Presidential proclamation. + +------------------------------------------------------------------------ + +WHAT WORKS ARE PROTECTED? + +Copyright protects "original works of authorship" that are fixed in a +tangible form of expression. The fixation need not be directly +perceptible so long as it may be communicated with the aid of a machine +or device. Copyrightable works include the following categories: + + + (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 + +These categories should be viewed broadly. For example, computer +programs and most "compilations" may be registered as "literary works"; +maps and architectural plans may be registered as "pictorial, graphic, +and sculptural works." + +------------------------------------------------------------------------ + +WHAT IS NOT PROTECTED BY COPYRIGHT? + +Several categories of material are generally not eligible for federal +copyright protection. These include among others: + + + Works that have *not* been fixed in a tangible form of expression + (for example, choreographic works that have not been notated or + recorded, or improvisational speeches or performances that have not + been written or recorded) + + + Titles, names, short phrases, and slogans; familiar symbols or + designs; mere variations of typographic ornamentation, lettering, or + coloring; mere listings of ingredients or contents + + + Ideas, procedures, methods, systems, processes, concepts, + principles, discoveries, or devices, as distinguished from a + description, explanation, or illustration + + + Works consisting *entirely* of information that is common property + and containing no original authorship (for example: standard + calendars, height and weight charts, tape measures and rulers, and + lists or tables taken from public documents or other common sources) + +------------------------------------------------------------------------ + +HOW TO SECURE A COPYRIGHT + +Copyright Secured Automatically upon Creation + +The way in which copyright protection is secured is frequently +misunderstood. No publication or registration or other action in the +Copyright Office is required to secure copyright. (See following Note.) +There are, however, certain definite advantages to registration. See +"Copyright Registration." Copyright is secured *automatically* when the +work is created, and a work is "created" when it is fixed in a copy or +phonorecord for the first time. "Copies" are material objects from which +a work can be read or visually perceived either directly or with the aid +of a machine or device, such as books, manuscripts, sheet music, film, +videotape, or microfilm. "Phonorecords" are material objects embodying +fixations of sounds (excluding, by statutory definition, motion picture +soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a +song (the "work") can be fixed in sheet music (" copies") or in +phonograph disks (" phonorecords"), or both. + +If a work is prepared over a period of time, the part of the work that +is fixed on a particular date constitutes the created work as of that +date. + +------------------------------------------------------------------------ + +PUBLICATION + +Publication is no longer the key to obtaining federal copyright as it +was under the Copyright Act of 1909. However, publication remains +important to copyright owners. + +The 1976 Copyright Act defines publication as follows: + +"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 a work does not of itself constitute publication. + + +*** + +NOTE: Before 1978, federal copyright was generally secured by the act +of publication with notice of copyright, assuming compliance with all +other relevant statutory conditions. U. S. works in the public domain on +January 1, 1978, (for example, works published without satisfying all +conditions for securing federal copyright under the Copyright Act of +1909) remain in the public domain under the 1976 Copyright Act. + +Certain foreign works originally published without notice had their +copyrights restored under the Uruguay Round Agreements Act (URAA). +Request Circular 38B [http://www.loc.gov/copyright/circs/circ38b.pdf] +and see the "Notice of Copyright" section of this publication for +further information. + +Federal copyright could also be secured before 1978 by the act of +registration in the case of certain unpublished works and works eligible +for ad interim copyright. The 1976 Copyright Act automatically extends +to full term (Title 17, Chap. 3, Sec. 304 sets the term) copyright for +all works, including those subject to ad interim copyright if ad interim +registration has been made on or before June 30, 1978. + +*** + + +A further discussion of the definition of "publication" can be found in +the legislative history of the 1976 Copyright Act. The legislative +reports define "to the public" as distribution to persons under no +explicit or implicit restrictions with respect to disclosure of the +contents. The reports state that the definition makes it clear that the +sale of phonorecords constitutes publication of the underlying work, for +example, the musical, dramatic, or literary work embodied in a +phonorecord. The reports also state that it is clear that any form of +dissemination in which the material object does not change hands, for +example, performances or displays on television, is _*not*_ a +publication no matter how many people are exposed to the work. However, +when copies or phonorecords are offered for sale or lease to a group of +wholesalers, broadcasters, or motion picture theaters, publication does +take place if the purpose is further distribution, public performance, +or public display. + +Publication is an important concept in the copyright law for several +reasons: + + + Works that are published in the United States are subject to + mandatory deposit with the Library of Congress. See discussion on + "Mandatory Deposit for Works Published in the United States." + + + Publication of a work can affect the limitations on the exclusive + rights of the copyright owner that are set forth in Title 17, Chap 1 + of the law. + + + 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. + + + Deposit requirements for registration of published works differ from + those for registration of unpublished works. See discussion on + "Registration Procedures." + + + 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. See discussion on "Notice of + Copyright" below. + +------------------------------------------------------------------------ + +NOTICE OF COPYRIGHT + +The use of a copyright notice is no longer required under U. S. law, +although it is often beneficial. Because prior law did contain such a +requirement, however, the use of notice is still relevant to the +copyright status of older works. + +Notice was required under the 1976 Copyright Act. This requirement was +eliminated when the United States adhered to the Berne Convention, +effective March 1, 1989. Although works published without notice before +that date could have entered the public domain in the United States, the +Uruguay Round Agreements Act (URAA) restores copyright in certain +foreign works originally published without notice. For further +information about copyright amendments in the URAA, request Circular 38 +[http://www.loc.gov/copyright/circs/circ38b.pdf] . + +The Copyright Office does not take a position on whether copies of works +first published with notice before March 1, 1989, which are distributed +on or after March 1, 1989, must bear the copyright notice. + +Use of the notice may be important because it informs the public that +the work is protected by copyright, identifies the copyright owner, and +shows the year of first publication. Furthermore, in the event that a +work is infringed, if a proper notice of copyright appears on the +published copy or copies to which a defendant in a copyright +infringement suit had access, then no weight shall be given to such a +defendant's interposition of a defense based on innocent infringement in +mitigation of actual or statutory damages, except as provided in Title +17, Chap. 5, Sec. 504 of the copyright law. Innocent infringement occurs +when the infringer did not realize that the work was protected. + +The use of the copyright notice is the responsibility of the copyright +owner and does not require advance permission from, or registration +with, the Copyright Office. + + +Form of Notice for Visually Perceptible Copies + +The notice for visually perceptible copies should contain all the +following three elements: + +1. _The symbol_ (the letter C in a circle), or the word "Copyright," or +the abbreviation "Copr."; and + +2. _The year of first publication_ of the work. In the case of +compilations or derivative works incorporating previously published +material, the year date of first publication of the compilation or +derivative work is sufficient. The year date may be omitted where a +pictorial, graphic, or sculptural work, with accompanying textual +matter, if any, is reproduced in or on greeting cards, postcards, +stationery, jewelry, dolls, toys, or any useful article; and + +3. _The name of the owner of copyright_ in the work, or an abbreviation +by which the name can be recognized, or a generally known alternative +designation of the owner. + +Example: (the letter C in a circle symbol) 2000 John Doe + +The "C in a circle" notice is used only on "visually perceptible +copies." Certain kinds of works--for example, musical, dramatic, and +literary works--may be fixed not in "copies" but by means of sound in an +audio recording. Since audio recordings such as audio tapes and +phonograph disks are "phonorecords" and not "copies," the "C in a +circle" notice is not used to indicate protection of the underlying +musical, dramatic, or literary work that is recorded. + + +Form of Notice for Phonorecords of Sound Recordings* + +* Sound recordings are defined in the law as "works that result from the +fixation of a series of musical, spoken, or other sounds, but not +including the sounds accompanying a motion picture or other audiovisual +work." Common examples include recordings of music, drama, or lectures. +A sound recording is not the same as a phonorecord. A phonorecord is the +physical object in which works of authorship are embodied. The word +"phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as +well as other formats. + + +The notice for phonorecords embodying a sound recording should contain +all the following three elements: + +1. _*The symbol*_ (the letter P in a circle); and + +2. _*The year of first publication*_ of the sound recording; and + +3. _*The name of the owner of copyright*_ in the sound recording, or an +abbreviation by which the name can be recognized, or a generally known +alternative designation of the owner. If the producer of the sound +recording is named on the phonorecord label or container and if no other +name appears in conjunction with the notice, the producer's name shall +be considered a part of the notice. + +Example: (the letter P in a circle symbol) 2000 A. B. C. Records Inc. + + +NOTE: Since questions may arise from the use of variant forms of the +notice, you may wish to seek legal advice before using any form of the +notice other than those given here. + + +Position of Notice + +The copyright notice should be affixed to copies or phonorecords in such +a way as to "give reasonable notice of the claim of copyright." The +three elements of the notice should ordinarily appear together on the +copies or phonorecords or on the phonorecord label or container. The +Copyright Office has issued regulations concerning the form and position +of the copyright notice in the Code of Federal Regulations ( +[http://www.loc.gov/copyright/title37/201/37cfr201.20.html] ). For more +information, request [http://www.loc.gov/copyright/circs/circ03.pdf] , +"Copyright Notice." + + +-=Publications Incorporating U. S. Government Works=- + +Works by the U. S. Government are not eligible for U. S. copyright +protection. For works published on and after March 1, 1989, the previous +notice requirement for works consisting primarily of one or more U. S. +Government works has been eliminated. However, use of a notice on such a +work will defeat a claim of innocent infringement as previously +described provided the notice also includes a statement that identifies +either those portions of the work in which copyright is claimed or those +portions that constitute U. S. Government material. + +Example: (the letter C in a circle symbol) 2000 Jane Brown. Copyright +claimed in Chapters 7-10, exclusive of U. S. Government maps + +Copies of works published before March 1, 1989, that consist primarily +of one or more works of the U. S. Government _*should*_ have a notice +and the identifying statement. + + +-=Unpublished Works=- + +The author or copyright owner may wish to place a copyright notice on +any unpublished copies or phonorecords that leave his or her control. _ +Example: Unpublished work (letter C in a circle symbol) 1999 Jane Doe + + +-=Omission of the Notice and Errors in Notice=- + +The 1976 Copyright Act attempted to ameliorate the strict consequences +of failure to include notice under prior law. It contained provisions +that set out specific corrective steps to cure omissions or certain +errors in notice. Under these provisions, an applicant had 5 years after +publication to cure omission of notice or certain errors. Although these +provisions are technically still in the law, their impact has been +limited by the amendment making notice optional for all works published +on and after March 1, 1989. For further information, request Circular 3 +[http://www.loc.gov/copyright/circs/circ03.pdf]. + + +------------------------------------------------------------------------ + +HOW LONG COPYRIGHT PROTECTION ENDURES + + +Works Originally Created on or after January 1, 1978 + +A work that is created (fixed in tangible form for the first time) on or +after January 1, 1978, is automatically protected from the moment of its +creation and is ordinarily given a term enduring for the author's life +plus an additional 70 years after the author's death. In the case of "a +joint work prepared by two or more authors who did not work for hire," +the term lasts for 70 years after the last surviving author's death. For +works made for hire, and for anonymous and pseudonymous works (unless +the author's identity is revealed in Copyright Office records), the +duration of copyright will be 95 years from publication or 120 years +from creation, whichever is shorter. + + +Works Originally Created before January 1, 1978, But Not Published or +Registered by That Date + +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 + +Form RE [http://www.loc.gov/copyright/forms/formrei.pdf] + + for claims to renew copyright in works copyrighted under the law in + effect through December 31, 1977 (1909 Copyright Act) and registered + during the initial 28-year copyright term + +Form RE Addendum [http://www.loc.gov/copyright/forms/formrea.pdf] + + accompanies Form RE for claims to renew copyright in works copyrighted + under the 1909 Copyright Act but never registered during their initial + 28-year copyright term + + +*** +For Corrections and Amplifications + +Form CA [http://www.loc.gov/copyright/forms/formca.pdf] + + for supplementary registration to correct or amplify information given + in the Copyright Office record of an earlier registration + + +*** +For a Group of Contributions to Periodicals + +Form GR/CP [http://www.loc.gov/copyright/forms/formgrcp.pdf] + + an adjunct application to be used for registration of a group of + contributions to periodicals in addition to an application Form TX, + PA, or VA + + +*** +How to Obtain Application Forms + +See "For Further Information" below. + +You must have Adobe Acrobat Reader (R) +[http://www.adobe.com/prodindex/acrobat/readstep.html] installed on your +computer to view and print the forms accessed on the Internet. Adobe +Acrobat Reader may be downloaded free from Adobe Systems Incorporated +through links from the same Internet site from which the forms are +available. + +Print forms head to head (top of page 2 is directly behind the top of +page 1) on a single piece of good quality, 8-1/2-inch by 11-inch white +paper. To achieve the best quality copies of the application forms, use +a laser printer. + + +*** +FILL-IN FORMS AVAILABLE + +All Copyright Office forms are available on the Copyright Office Website +in fill-in version. Go to http://www.loc.gov/copyright/forms/ and follow +the instructions. The fill-in forms allow you to enter information while +the form is displayed on the screen by an Adobe Acrobat Reader product. +You may then print the completed form and mail it to the Copyright +Office. Fill-in forms provide a clean, sharp printout for your records +and for filing with the Copyright Office. + + +------------------------------------------------------------------------ + +FEES + +All remittances should be in the form of drafts, that is, checks, money +orders, or bank drafts, payable to: Register of Copyrights. Do not +send cash. Drafts must be redeemable without service or exchange fee +through a U. S. institution, must be payable in U. S. dollars, and must +be imprinted with American Banking Association routing numbers. +International Money Orders and Postal Money Orders that are negotiable +only at a post office are not acceptable. + +If a check received in payment of the filing fee is returned to the +Copyright Office as uncollectible, the Copyright Office will cancel the +registration and will notify the remitter. + +The filing fee for processing an original, supplementary, or renewal +claim is nonrefundable, whether or not copyright registration is +ultimately made. + +*Do not send cash*. The Copyright Office cannot assume any +responsibility for the loss of currency sent in payment of copyright +fees. For further information, request Circular 4 "Copyright Fees" +[http://www.loc.gov/copyright/circs/circ04.pdf]. + + + + *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. + + +------------------------------------------------------------------------ + +SEARCH OF COPYRIGHT OFFICE RECORDS + +The records of the Copyright Office are open for inspection and +searching by the public. Moreover, on request, the Copyright Office +will search its records for you at the statutory hourly rate of $65 for +each hour or fraction of an hour. (See NOTE above.) For information on +searching the Office records concerning the copyright status or +ownership of a work, request "How to Investigate the Copyright Status of +a Work" [http://www.loc.gov/copyright/circs/circ22.pdf], and "The +Copyright Card Catalog and the Online Files of the Copyright Office" +[http://www.loc.gov/copyright/circs/circ23.pdf]. + +Copyright Office records in machine-readable form cataloged from January +1, 1978, to the present, including registration and renewal information +and recorded documents, are now available for searching on the Internet. +These files may be examined through LOCIS (Library of Congress +Information System). You may connect to LOCIS through the World Wide Web +at [http://www.loc.gov/copyright/rb.html] + + +------------------------------------------------------------------------ + +FOR FURTHER INFORMATION + +*Information via the Internet*: Circulars, announcements, regulations, +other related materials, and all copyright application forms are +available from the Copyright Office Website at +http://www.loc.gov/copyright/. + +*Information by fax*: Circulars and other information (but not +application forms) are available from Fax-on-Demand at (202) 707-2600. + +*Information by telephone*: For general information about copyright, +call the Copyright Public Information Office at (202) 707-3000. The TTY +number is (202) 707-6737. Information specialists are on duty from 8:30 +a. m. to 5:00 p. m. Monday through Friday, eastern time, except federal +holidays. Recorded information is available 24 hours a day. Or, if you +know which application forms and circulars you want, request them from +the Forms and Publications Hotline at (202) 707-9100 24 hours a day. +Leave a recorded message. + +*Information by regular mail*: Write to: + +Library of Congress +Copyright Office +Publications Section, LM-455 +101 Independence Avenue, S.E. +Washington, D.C. 20559-6000 + +For a list of other material published by the Copyright Office, request +Circular 2 "Publications on Copyright" +[http://www.loc.gov/copyright/circs/circ02.pdf]. + + +------------------------------------------------------------------------ + +The Copyright Office provides a free electronic mailing list, *NewsNet,* +that issues periodic email messages on the subject of copyright. The +messages alert subscribers to hearings, deadlines for comments, new and +proposed regulations, new publications, and other copyright-related +subjects of interest. NewsNet is not an interactive discussion group. To +subscribe, send a message to listserv@rs8.loc.gov. In the body of the +message say: SUBSCRIBE USCOPYRIGHT. You will receive a standard +welcoming message indicating that your subscription to *NewsNet* has +been accepted. + +The Copyright Public Information Office is open to the public 8:30 a.m. +to 5:00 p.m. Monday through Friday, eastern time, except federal +holidays. The office is located in the Library of Congress, James +Madison Memorial Building, Room 401, at 101 Independence Avenue, S.E., +Washington, D.C., near the Capitol South Metro stop. Information +specialists are available to answer questions, provide circulars, and +accept applications for registration. Access for disabled individuals is +at the front door on Independence Avenue, S.E. + +The Copyright Office is not permitted to give legal advice. If +information or guidance is needed on matters such as disputes over the +ownership of a copyright, suits against possible infringers, the +procedure for getting a work published, or the method of obtaining +royalty payments, it may be necessary to consult an attorney + +Library of Congress +Copyright Office +101 Independence Avenue, S. E. +Washington, D.C. 20559-6000 + +http://www.loc.gov/copyright/ + + +------------------------------------------------------------------------ +Rev: December 2000 + +*Format Note*: + +This electronic version has been altered slightly from the original +printed text for presentation on the World Wide Web. For a copy of the +original circular, consult the Circular 1 pdf version +[http://www.loc.gov/copyright/circs/circ01.pdf], or write to Copyright +Office, 101 Independence Avenue S.E., Washington, D.C. 20559-6000. + + +End of The Project Gutenberg Etext of Copyright Basics +by The US Copyright Office + diff --git a/old/clbas10.zip b/old/clbas10.zip Binary files differnew file mode 100644 index 0000000..eab6204 --- /dev/null +++ b/old/clbas10.zip |