Copyright Basics
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The US Copyright Office >> Copyright Basics
Produced by George Davis.
Copyright Basics (Circular 1)
U.S. Copyright Office - Library of Congress
Copyright Basics
September 2000
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Copyright Basics
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(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+ Unpublished Works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+ Unpublished Collections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
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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published and unpublished works.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.
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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.
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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.
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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."
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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)
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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.
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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.
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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].
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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.
