The Copyright FAQ
Pete Casso
=================
The Copyright FAQ below is taken from the web site of the United States
Copyright Office at http://lcweb.loc.gov/copyright/faq.html Copyright
legislation differ at the national level, but the basics of it is pretty
well the same everywhere on the globe. More specifically speaking:
ASCII art creations are copyright protected everywhere on the globe!
Our own alt.ascii-art FAQs cover much of the ground, just substitute
"copyright notice" for "initials" However, the Copyright FAQ below
does provide more definition. In particular, it spells out that:
=> copyright protection is automatic, no registration is necessary,
see item #2. You may be a copyright holder without knowing it!
=> the creator owns the copyright, not the diddler, see item #49.
This is consistent with our own alt.ascii-art FAQs requesting to
leave the original credits in the picture that you diddle.
=> fair use allows for diddling, etc (without changing copyright
ownership,) but there are restrictions to guard against abuse,
see item #60.
This is consistent with item #5 in our Ten Commandments:
"Thou shalt ask permission before using someone else's ASCII art."
ASCII art has unfortunately a history of creations becoming "nameless"
over time, often committed out of ignorance. May this Copyright FAQ
contribute to the preservation of ASCII art ownership! ... Pete Casso 990130
QUESTIONS FREQUENTLY ASKED
IN THE COPYRIGHT OFFICE PUBLIC INFORMATION SECTION
The answers to the following frequently asked questions should be read
as introductory rather than as definitive. Please consult the references
cited in the answers. References noted by colored links are available in
full text online. Other cited materials are available by telephoning the
U.S. Copyright Office, Public Information Office, Monday through Friday
(except legal holidays) between 8:30 a.m. - 5:00 p.m. eastern time.
(202) 707-3000. TTY (202) 707-6737.
1.What does copyright protect?
2.When is my work protected?
3.What is your telephone number?
4.What is your mailing address?
5.What are your visiting address and hours of operation?
6.Where can I get application forms?
7.When will I get my certificate?
8.Can you provide me with copies of my application and my work?
9.How can I obtain copies of someone else's work and/or registration
certificate?
10.I lost my certificate; can I get a new one?
11.Do you have a list of songs or movies in the public domain?
12.What is mandatory deposit?
13.Do I have to register with your office to be protected?
14.Why should I register my work if copyright protection is
automatic?
15.Are you the only place I can go to register a copyright?
16.How do I register my copyright?
17.How long does the registration process take?
18.What is the registration fee?
19.Can I make copies of the application form?
20.What is a deposit?
21.How can I know if you received my application for registration?
22.Can I find out what is happening with my registration?
23.Do I have to send in my work? Do I get it back?
24.May I register more than one work on the same application? Where do
I list the titles?
25.What is the difference between form PA and form SR?
26.Do I have to renew my copyright?
27.Can I submit my manuscript on a computer disk?
28.Can I submit a CD-ROM of my work?
29.How do I protect my recipe?
30.Does copyright now protect architecture?
31.Can I register a diary I found in my grandmother's attic?
32.Do you have special mailing requirements?
33.Can foreigners register their works in the U.S.?
34.Who is an author?
35.What is a work made for hire?
36.Can a minor claim copyright?
37.Do I have to use my real name on the form? Can I use a stage name
or a pen name?
38.What is publication?
39.Does my work have to be published to be protected?
40.How do I get my work published?
41.Are copyrights transferable?
42.Do you have any forms for transfer of copyrights?
43.Can I copyright the name of my band?
44.How do I copyright a name, title, slogan, or logo?
45.How do I protect my idea?
46.How long does copyright last?
47.How much of someone else's work can I use without getting
permission?
48.How much do I have to change in my own work to make a new claim of
copyright?
49.How much do I have to change in order to claim copyright in someone
else's work?
50.How do I get my work into the Library of Congress?
51.What is a Library of Congress number?
52.What is an ISBN number?
53.What is a copyright notice? How do I put a copyright notice on my
work?
54.How do I collect royalties?
55.Somebody infringed my copyright: What can I do?
56.Is my copyright good in other countries?
57.How do I get on your mailing list or e-mail list?
58.How do I protect my sighting of Elvis?
59.How do I get permission to use somebody else's work?
60.Could I be sued for using somebody else's work? How about quotes or
samples?
1.What does copyright protect?
Copyright, a form of intellectual property law, protects original
works of authorship including literary, dramatic, musical, and
artistic works such as poetry, novels, movies, songs, computer
software and architecture. Copyright does not protect facts, ideas,
systems, or methods of operation, although it may protect the way
these things are expressed. See Circular 1, section What Works Are
Protected.
2.When is my work protected?
Your work is under copyright protection the moment it is created
and fixed in a tangible form so that it is perceptible either
directly or with the aid of a machine or device.
3.What is your telephone number?
The Public Information Office telephone number is (202) 707-3000.
To order application forms, the number is (202) 707-9100.
TTY is (202) 707-6737.
4.What is your mailing address?
Our mailing address is Copyright Office, Library of Congress,
101 Independence Avenue, S.E.,Washington, D.C. 20559-6000.
5.What are your visiting address and hours of operation?
The Copyright Office is located at 101 Independence Avenue, S.E.,
Washington, D.C., in the James Madison Memorial Building,
Room LM-401, of the Library of Congress. Hours of service are
8:30 a.m. to 5:00 p.m. eastern time, Monday through Friday, except
Federal holidays. The nearest Metro stop is Capitol South.
6.Where can I get application forms?
You may get forms from the U.S. Copyright Office in person, by
mailing in a request, or by calling our 24-hours-per-day forms
hotline: (202) 707-9100. Some public libraries may carry our forms
but we do not maintain a list of those libraries. Forms may also be
downloaded from our website.
7.When will I get my certificate?
The time the Copyright Office requires to process an application
varies, depending on the amount of material the Office is
receiving. You may generally expect within approximately 6 months
of submission (8 months in the case of Visual Arts claims) a
certificate of registration.
8.Can you provide me with copies of my application and my work?
Contact the Certifications and Documents Section of the Copyright
Office (202) 707-6787 or see Circular 6 for details.
9.How can I obtain copies of someone else's work and/or registration
certificate?
The Copyright Office will not honor a request for a copy of someone
else's work without written authorization from the owner or from
his or her designated agent if that work is still under copyright
protection, unless the work is involved in litigation. Written
permission from the copyright owner or a litigation statement is
required before copies can be made available. A certificate of
registration for any registered work can be obtained for a fee
of $8. Circular 6 provides additional information.
10.I lost my certificate: Can I get a new one?
Yes, we can produce additional certificates for a fee of $8. See
Circular 6 for details on how to make such a request.
11.Do you have a list of songs or movies in the public domain?
No, we neither compile nor maintain such a list. A search of our
records, however, may reveal whether a particular work has fallen
into the public domain. We will conduct a search of our records by
the title of a work, an author's name, or a claimant's name. The
search fee is $20 per hour. You may also search the records in
person without paying a fee.
12.What is mandatory deposit?
Copies of all works under copyright protection that have been
published in the United States are required to be deposited with
the Copyright Office within three months of the date of first
publication. See Circular 7d and the Deposit Regulation 96 202.19.
13.Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from
the moment the work is created. You will have to register, however,
if you wish to bring a lawsuit for infringement of a U.S. work. See
Circular 1, section Copyright Registration.
14.Why should I register my work if copyright protection is
automatic?
Registration is recommended for a number of reasons. Many choose to
register their works because they wish to have the facts of their
copyright on the public record and have a certificate of
registration. Registered works may be eligible for statutory
damages and attorney's fees in successful litigation. Finally, if
registration occurs within five years of publication, it is
considered prima facie evidence in a court of law. See Circular 1,
section Copyright Registration and Circular 38b on non-U.S. works.
15.Are you the only place I can go to register a copyright?
Although copyright application forms may be available in public
libraries and some reference books, the U.S. Copyright Office is
the only office that can accept applications and issue
registrations.
16.How do I register my copyright?
To register a work, you need to submit a completed application
form, a non-refundable filing fee of $20, and a non-returnable
copy or copies of the work to be registered. See Circular 1,
section Registration Procedures.
17.How long does the registration process take?
The time the Copyright Office requires to process an application
varies, depending on the amount of material the Office is
receiving. You may generally expect within approximately 6 months
of submission (8 months in the case of Visual Arts claims) a
certificate of registration.
18.What is the registration fee?
The current filing fee is $20 per application. Generally, each work
requires a separate application. See Circular 4.
19.Can I make copies of the application form?
Yes, you can make copies of copyright forms if they meet the
following criteria: photocopied back to back and head to head
on a single sheet of 8 1/2 by 11 inch white paper. In other words,
your copy must look just like the original.
20.What is a deposit?
A deposit is usually one copy (if unpublished) or two copies (if
published) of the work to be registered for copyright. In certain
cases such as works of the visual arts, identifying material such
as a photograph may be used instead. See Circular 40a. The deposit
is sent with the application and fee and becomes the property of
the Library of Congress.
21.How can I know if you received my application for registration?
If you want to know when the Copyright Office receives your
material, you should send it by registered or certified mail and
request a return receipt from the post office. Allow at least five
weeks for the return of your receipt.
22.Can I find out what is happening with my registration?
Copyright registration is effective on the day we receive the
appropriate form, copy or copies of the work, and the $20 filing
fee. The time the Copyright Office requires to process an
application varies, depending on the amount of material the Office
is receiving. You may generally expect within approximately
6 months of submission (8 months in the case of Visual Arts claims)
a certificate of registration. In the event we need further
information, a letter or telephone call from our office, will be
received during this time period. We are not able to provide status
information for submissions that were received less than six months
ago. If it is imperative that you have this information sooner, you
may pay the appropriate fees and request that the Certifications
and Documents Section conduct an in-process search. The current in-
process search fee is $20 per hour.
23.Do I have to send in my work? Do I get it back?
Yes, you must send the required copy or copies of the work to be
registered. These copies will not be returned. Upon their deposit
in the Copyright Office, under sections 407 and 408, all copies,
phonorecords, and identifying material, including those deposited
in connection with claims that have been refused registration, are
the property of the United States Government.
24.May I register more than one work on the same application? Where do
I list the titles?
You may register unpublished works as a collection on one
application with one title for the entire collection if certain
conditions are met. It is not necessary to list the individual
titles in your collection, although you may do so by completing a
Continuation Sheet. Published works may only be registered as a
collection if they were actually first published as a collection
and if other requirements have been met. See Circular 1, section
Registration Procedures.
25.What is the difference between form PA and form SR?
These forms are for registering two different types of
copyrightable subject matter that may be embodied in a recording.
Form PA is used for the registration of music and/or lyrics (as
well as other works of the performing arts), even if your song is
on a cassette. Form SR is used for registering the performance and
production of a particular recording of sounds. See Circular 50 and
Circular 56a.
26.Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to
renewal registration (see Circular 15). As to works published or
registered prior to January 1, 1978, renewal registration is
optional after 28 years but does provide certain legal advantages.
For information on how to file a renewal application as well as the
legal benefit for doing so, see Circular 15 and Circular 15a.
27.Can I submit my manuscript on a computer disk?
No. There are many different software formats and the Copyright
Office does not have the equipment to accommodate all of them.
Therefore, the Copyright Office still generally requires a printed
copy or audio recording of the work for deposit.
28.Can I submit a CD-ROM of my work?
Yes, you may. The deposit requirement consists of the best edition
of the CD-ROM package of any work, including the accompanying
operating software, instruction manual and a printed version, if
included in the package.
29.How do I protect my recipe?
A mere listing of ingredients is not protected under copyright law.
However, where a recipe or formula is accompanied by substantial
literary expression in the form of an explanation or directions, or
when there is a collection of recipes as in a cookbook, there may
be a basis for copyright protection. See FL 122.
30.Does copyright now protect architecture?
Yes. Architectural works became subject to copyright protection on
December 1, 1990. The copyright law defines "architectural work" as
"the design of a building embodied in any tangible medium of
expression, including a building, architectural plans, or
drawings." Copyright protection extends to any architectural work
created on or after December 1, 1990, and any architectural work
that on December 1, 1990, was unconstructed and embodied in
unpublished plans or drawings. Architectural works embodied in
buildings constructed prior to December 1, 1990, are not eligible
for copyright protection.
31.Can I register a diary I found in my grandmother's attic?
You can register copyright in the diary only if you are the
transferee (by will, by inheritance). Copyright is the right of the
author of the work or the author's heirs or assignees, not of the
one who only owns or possesses the physical work itself. See
Circular 1, section Who Can Claim Copyright.
32.Do you have special mailing requirements?
Our only requirement is that all three elements, the application,
the copy or copies of the work, and the $20 filing fee, be sent in
the same package. Many people send their material to us by
certified mail, with a return receipt request, but this is not
necessary.
33.Can foreigners register their works in the U.S.?
Any work that is protected by U.S. copyright law can be registered.
This includes many works of foreign origin. All works that are
unpublished, regardless of the nationality of the author, are
protected in the United States. Works that are first published in
the United States or in a country with which we have a copyright
treaty or that are created by a citizen or domiciliary of a country
with which we have a copyright treaty are also protected and may
therefore be registered with the U.S. Copyright Office. See
Circular 38a for the status of specific countries.
34.Who is an author?
Under the copyright law, the creator of the original expression in
a work is its author. The author is also the owner of copyright
unless there is a written agreement by which the author assigns the
copyright to another person or entity, such as a publisher. In
cases of works made for hire (see Circular 9), the employer or
commissioning party is considered to be the author.
35.What is a work made for hire?
Although the general rule is that the person who creates the work
is its author, there is an exception to that principle; the
exception is a work made for hire, which is a work prepared by an
employee within the scope of his or her employment; or a work
specially ordered or commissioned in certain specified
circumstances. When a work qualifies as a work made for hire, the
employer or commissioning party is considered to be the author. See
Circular 9.
36.Can a minor claim copyright?
Minors may claim copyright, and the Copyright Office does issue
registrations to minors, but state laws may regulate the business
dealings involving copyrights owned by minors. For information on
relevant state laws, consult an attorney.
37.Do I have to use my real name on the form? Can I use a stage name
or a pen name?
There is no legal requirement that the author be identified by his
or her real name on the application form. For further information,
see FL 101. If filing under a fictitious name, check the
"Pseudonymous" box at space 2.
38.What is publication?
Publication has a very technical meaning in copyright law.
According to the statute, "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." Generally,
publication occurs on the date on which copies of the work are
first made available to the public. For further information see
Circular 1, section Publication.
39.Does my work have to be published to be protected?
Publication is not necessary for copyright protection.
40.How do I get my work published?
Publication occurs at the discretion and initiative of the
copyright owner. The Copyright Office has no role in the
publication process.
41.Are copyrights transferable?
Yes. Like any other property, all or part of the rights in a work
may be transferred by the owner to another. See Circular 1, section
Transfer of Copyright, for a discussion of ownership.
42.Do you have any forms for transfer of copyrights?
There are no forms provided by the Copyright Office to effect a
copyright transfer. The Office does, however, keep records of
transfers if they are submitted to us. If you have executed a
transfer and wish to record it, the Copyright Office can provide a
Document Cover Sheet, which can help to expedite the processing of
the recordation. See Circular 12.
43.Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be
protected under trademark law. Contact the U.S. Patent & Trademark
Office, (800) 786-9199, for further information.
44.How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short
phrases. In some cases, these things may be protected as
trademarks. Contact the U.S. Patent & Trademark Office at
(800) 786-9199 for further information. However, copyright
protection may be available for logo art work that contains
sufficient authorship. In some circumstances, an artistic logo
may also be protected as a trademark.
45.How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of
doing something. You may express your ideas in writing or drawings
and claim copyright in your description, but be aware that
copyright will not protect the idea itself as revealed in your
written or artistic work.
46.How long does copyright last?
Under the current copyright law, the duration of copyright is
generally the life of the author plus 50 years. Before 1978, the
duration of copyright was 28 years plus a renewal term of 47 years,
and this term still applies to some pre-1978 works. Even for new
works, however, there are some variables, as in the case of works
made for hire. Consult Circular 15a for a fuller discussion on the
duration of copyright.
47.How much of someone else's work can I use without getting
permission?
Under the fair use doctrine of the U.S. copyright statute, it is
permissible to use limited portions of a work including quotes, for
purposes such as commentary, criticism, news reporting, and
scholarly reports. There are no legal rules permitting the use of
specific number of words counts, a certain number of musical notes,
or percentages of a work. Whether a particular use qualifies as
fair use depends on all the circumstances. See Circular 21 and
FL 102.
48.How much do I have to change in my own work to make a new claim of
copyright?
You may make a new claim in your work if the changes are
substantial and creative -- something more than just editorial
changes or minor changes. This would qualify it as a new,
derivative work. For instance, simply making spelling corrections
throughout a work does not warrant a new registration: Adding an
additional chapter would. See Circular 14 for further information.
49.How much do I have to change in order to claim copyright in someone
else's work?
Only the owner of copyright in a work has the right to prepare, or
to authorize someone else to create, a new version of that work.
Accordingly, you cannot claim copyright, no matter how much you
change it, unless you have the owner's consent. See Circular 14.
50.How do I get my work into the Library of Congress?
Copies of works deposited for copyright registration or in
fulfillment of the mandatory deposit requirement are available to
the Library of Congress for its collections. The Library reserves
the right to select or reject any published work for its permanent
collections based on the research needs of Congress, the nation's
scholars, and of the nation's libraries. If you would like further
information on the Library's selection policies, you may contact:
Library of Congress, Collections Policy Office, 101 Independence
Avenue, S.E., Washington, D.C. 20540.
51.What is a Library of Congress number?
The Library of Congress Card Catalog Number is assigned by the
Library at its discretion to assist librarians in acquiring and
cataloging works. For further information call the Cataloging in
Publication Division at (202) 707-6345.
52.What is an ISBN number?
The International Standard Book Number is administered by the
R. R. Bowker Company (908) 665-6770. The ISBN is a numerical
identifier intended to assist the international community in
identifying and ordering certain publications.
53.What is a copyright notice? How do I put a copyright notice on my
work?
A copyright notice is an identifier placed on copies of the work to
inform the world of copyright ownership. While use of a copyright
notice was once required as a condition of copyright protection, it
is now optional. Use of the notice is the responsibility of the
copyright owner and does not require advance permission from, or
registration with, the Copyright Office. See Circular 1, Notice of
Copyright for requirements for works published before March 1, 1989
and for more information on the form and position of the copyright
notice.
54.How do I collect royalties?
The collection of royalties is usually a matter of private
arrangements between an author and publisher or other users of the
author's work. The Copyright Office plays no role in the execution
of contractual terms or business practices. There are performing
societies and other collective right societies that distribute
royalties for their members.
55.Somebody infringed my copyright. What can I do?
A party may seek to protect his or her copyrights against
unauthorized use by filing a civil lawsuit in Federal district
court. If you believe that your copyright has been infringed,
consult an attorney. In cases of willful infringement for profit,
the U.S. Attorney may initiate a criminal investigation.
56.Is my copyright good in other countries?
The United States has copyright relations with more than 100
countries throughout the world, and as a result of these
agreements, we honor each other's citizens' copyrights. However,
the United States does not have such copyright relationships with
every country. For a listing of countries and the nature of their
copyright relations with the United States, see Circular 38a,
International Copyright Relations of the United States.
57.How do I get on your mailing list?
The Copyright Office does not maintain a mailing list. The
Copyright Office sends periodic e-mail messages via NewsNet, a free
electronic mailing list. Important announcements and new or
changed regulations and the like are published in the Federal
Register. Most will also appear on the Copyright Office website on
the Internet.
58.How do I protect my sighting of Elvis?
Copyright law does not protect sightings. However, copyright law
will protect your photo (or other depiction) of your sighting of
Elvis. Just send it to us with a form VA application and the $20
filing fee. No one can lawfully use your photo of your sighting,
although someone else may file his own photo of his sighting.
Copyright law protects the original photograph, not the subject of
the photograph.
59.How do I get permission to use somebody else's work?
You can ask for it. If you know who the copyright owner is, you may
contact the owner directly. If you are not certain about the
ownership or have other related questions, you may wish to request
that the Copyright Office conduct a search of its records for a fee
of $20 per hour. Additional information can be obtained from
Circular 22.
60.Could I be sued for using somebody else's work? How about quotes or
samples?
If you use a copyrighted work without authorization, the owner may
be entitled to bring an infringement action against you. There are
circumstances under the fair use doctrine where a quote or a sample
may be used without permission. However, in cases of doubt, the
Copyright Office recommends that permission be obtained.
09/30/98 05:19 PM/