US Copyright Office Library of Congress
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CONTENTS
Preface --
Amendments to Title 17 since 1976
Chapter 1 --
Subject Matter and Scope of Copyright
Chapter 2 --
Copyright Ownership and Transfer
Chapter 3 --
Duration of Copyright
Chapter 4 --
Copyright Notice, Deposit, and Registration
Chapter 5 --
Copyright Infringement and Remedies
Chapter 6 --
Manufacturing Requirement and Importation
Chapter 7 --
Copyright Office
Chapter 8 --
Copyright Arbitration Royalty Panels
- Chapter 9 --
Protection of Semiconductor Chip Products
- (Note: the provisions of Chapter 9 are not part
of the
- Copyright Law and are not reproduced herein. See Preface.)
Chapter 10
-- Digital Audio Recording Devices and Media
Chapter 11
-- Sound Recordings and Music Videos
Transitional
and Supplementary Provisions to the Copyright Act of 1976
Appendix --
Acts Related to the Berne Convention and Uruguay Round
Digital
Millennium Copyright Act Summary (version: pdf)
CIRCULAR 1 - COPYRIGHT BASICS
Copyright Office
Library of Congress
Washington, DC 20559
COPYRIGHT BASICS
WHAT COPYRIGHT IS
****************************
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available to both published and unpublished works.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 Copyright Act
generally gives the owner of copyright the exclusive right to do and to authorize others
to do the following:
* TO REPRODUCE the copyrighted work in copies or phonorecords
* To prepare DERIVATIVE WORKS based upon the copyrighted work
* TO DISTRIBUTE COPIES OR PHONORECORDS of the copyrighted work to the public by sale or
other transfer of ownership, or by rental, lease, or lending
* TO PERFORM THE COPYRIGHTED WORK PUBLICLY, in the case of literary, musical, dramatic,
and choreographic works, pantomimes, and motion pictures and other audiovisual works and
* 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.
It is illegal for anyone to violate any of the rights provided by the Act to the owner of
copyright. These rights, however, are not unlimited in scope. Sections 107 through 119 of
the 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 section 107 of the 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 Act or write to the Copyright
Office.
WHO CAN CLAIM COPYRIGHT
******************************
Copyright protection subsists from the time the work is created in fixed form that is, it
is an incident of the process of authorship. The copyright in the work of authorship
IMMEDIATELY becomes the property of the author who created it. 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 presumptively
considered the author. Section 101 of the copyright statute 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, as a part of a motion picture or other audiovisual work, as a translation, as a
supplementary work, as a compilation, as an instructional text, as a test, as answer
material for a test, or as 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 foreign nation that is a party to a copyright treaty to which the United States is also
a party, or is a stateless person wherever that person may be domiciled or
* The work is first published in the United States or in a foreign nation that, on the
date of first publication, is a party to the Universal Copyright Convention or the work
comes within the scope of a Presidential proclamation or
* The work is first published on or after March 1, 1989, in a foreign nation that on the
date of first publication, is a party to the Berne Convention or, if the work is NOT first
published in a country party to the Berne Convention, it is published (on or after March
1,1989) within 30 days of first publication in a country that is party to the Berne
Convention or the work, first published on or after March 1, 1989, is a pictorial,
graphic, or sculptural work that is incorporated in a permanent structure located in the
United States or, if the work, first published on or after March 1, 1989, is a published
audiovisual work, all the authors are legal entities with headquarters in the United
States.
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 and
(8) architectural works.
These categories should be viewed quite broadly: for example, computer programs and most
"compilations" are registrable as "literary works" maps and
architectural plans are registrable as "pictorial, graphic, and sculptural
works."
WHAT IS NOT PROTECTED BY COPYRIGHT
Several categories of material are generally not eligible for statutory 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 under the present law 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 page 7.)
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 audio tapes and phonograph disks. 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 statutory copyright as it was under the
Copyright Act of 1909. However, publication remains important to copyright owners.
The 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, statutory copyright was generally secured by the act of publication
with notice of copyright, assuming compliance with all other relevant statutory
conditions. Works in the public domain on January 1, 1978 (for example, works published
without satisfying all conditions for securing statutory copyright under the Copyright Act
of 1909) remain in the public domain under the current Act.
Statutory 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 current
Act automatically extends to full term (section 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 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:
* 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. Works published before March 1, 1989, MUST bear the notice or risk
loss of copyright protection. (See discussion "notice of copyright" below.)
* Works that are published in the United States are subject to mandatory deposit with the
Library of Congress. (See discussion on page 9 on "mandatory deposit.")
* Publication of a work can affect the limitations on the exclusive rights of the
copyright owner that are set forth in sections 107 through 120 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 page 8 of "registration"
procedures.)
NOTICE OF COPYRIGHT
For works first published on and after March 1, 1989, use of the copyright notice is
optional, though highly recommended. Before March 1, 1989, the use of the notice was
mandatory on all published works, and any work first published before that date must bear
a notice or risk loss of copyright protection.
(The Copyright Office does not take a position on whether works first published with
notice before March 1, 1989, and reprinted and distributed on and after March 1, 1989,
must bear the copyright notice.)
Use of the notice is recommended 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 the work carries a proper notice,
the court will not allow a defendant to claim "innocent infringement"þthat is,
that he or she did not realize that the work is protected. (A successful innocent
infringement claim may result in a reduction in damages that the copyright owner would
otherwise receive.)
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 of 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: © 1992 John Doe
The "C in a circle" notice is used only on "visually perceptible
copies." Certain kinds of worksþfor example, musical, dramatic, and literary
worksþmay 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
The copyright notice for phonorecords of sound recordings [FOOTNOTE 1] has somewhat
different requirements. The notice appearing on phonorecords should contain the following
three elements:
1. THE SYMBOL (p) (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 labels or containers, and
if no other name appears in conjunction with the notice, the producer's name shall be
considered a part of the notice.
Example: (p) 1992 A.B.C., Inc
. _______________________________________________________________
NOTE: Since questions may arise from the use of variant forms of the notice, any form of
the notice other than those given there should not be used without first seeking legal
advice.
______________________________________________________________
[ FOOTNOTE 1: Sound recordings are defined 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, regardless of the nature of the material
objects, such as disks, tapes, or other phonorecords, in which they are embodied. ]
POSITION OF NOTICE
The notice should be affixed to copies or phonorecords of the work in such a manner and
location as to "give reasonable notice of the claim of copyright." The notice on
phonorecords may appear on the surface of the phonorecord or on the phonorecord label or
container, provided the manner of placement and location give reasonable notice of the
claim. The three elements of the notice should ordinarily appear together on the copies or
phonorecords. The Copyright Office has issued regulations concerning the form and position
of the copyright notice in the CODE OF FEDERAL REGULATIONS (37 CFR Part 201). For more
information, request Circular 3.
PUBLICATIONS INCORPORATING UNITED STATES GOVERNMENT WORKS
Works by the U.S. Government are not eligible for 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 the
copyright notice for these works is still strongly recommended. 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 one of the following: those portions of
the work in which copyright is claimed or those portions that constitute U.S. Government
material. An example is:
©1992 Jane Brown. Copyright claimed in Chapters 7-10, exclusive of U.S. Government maps.
Works published before March 1, 1989, that consist primarily of one or more works of the
U.S. Government MUST bear a notice and the identifying statement.
UNPUBLISHED WORKS
To avoid an inadvertent publication without notice, the author or other owner of copyright
may wish to place a copyright notice on any copies or phonorecords that leave his or her
control. An appropriate notice for an unpublished work is: Unpublished work ©1992 Jane
Doe.
EFFECT OF OMISSION OF THE NOTICE OR OF ERROR IN THE NAME OR DATE
The Copyright Act, in sections 405 and 406, provides procedures for correcting errors and
omissions of the copyright notice on works published on or after January 1, 1978, and
before March 1, 1989.
In general, if a notice was omitted or an error was made on copies distributed between
January 1, 1978, and March 1, 1989, the copyright was not automatically lost. Copyright
protection may be maintained if registration for the work has been made before or is made
within 5 years after the publication without notice, and a reasonable effort is made to
add the notice to all copies or phonorecords that are distributed to the public in the
United States after the omission has been discovered. For more information request
Circular 3.
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 50 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 50 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 75
years from publication or 100 years from creation, whichever is shorter.
WORKS ORIGINALLY CREATED BEFORE JANUARY 1, 1978, BUT NOT PUBLISHED OR REGISTERED BY THAT
DATE
Works that were created but not published or registered for copyright before January 1,
1978, 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-50 or
75/100-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, 2027.
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 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 current copyright law has extended the renewal term from 28 to 47 years for
copyrights that were subsisting on January 1, 1978, making these works eligible for a
total term of protection of 75 years. However, the copyright MUST be renewed to receive
the 47-year period of added protection. This is accomplished by filing a properly
completed Form RE accompanied by a $12 filing fee in the Copyright Office before the end
of the 28th calendar year of the original term.
For more detailed information on the copyright term, write to the Copyright Office and
request Circulars 15a and 15t. For information on how to search the Copyright Office
records concerning the copyright status of a work, request Circular 22.
TRANSFER OF COPYRIGHT
Any or all of the exclusive rights, or any subdivision of those rights, of the copyright
owner 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
or supply any forms for such transfers. However, 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
Circular 12.
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.
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 75 years. For further information, request
Circulars 15a and 15t.
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 a list of countries which maintain copyright relations with the United
States, request Circular 38a.
The United States belongs to both global, multilateral copyright treatiesþthe Universal
Copyright Convention (UCC) and the Berne Convention for the Protection of Literary and
Artistic Works. The United States was a founding member of the UCC, which came into force
on September 16, 1955. Generally, a work by a national or domiciliary of a country that is
a member of the UCC or a work first published in a UCC country may claim protection under
the UCC. If the work bears the notice of copyright in the form and position specified by
the UCC, this notice will satisfy and substitute for any other formalities a UCC member
country would otherwise impose as a condition of copyright. A UCC notice should consist of
the symbol þ accompanied by the name of the copyright proprietor and the year of first
publication of the work.
By joining the Berne Convention on March 1, 1989, the United States gained protection for
its authors in all member nations of the Berne Union with which the United States formerly
had either no copyright relations or had bilateral treaty arrangements. Members of the
Berne Union agree to a certain minimum level of copyright protection and agree to treat
nationals of other member countries like their own nationals for purposes of copyright. A
work first published in the United States or another Berne Union country (or first
published in a non-Berne country, followed by publication within 30 days in a Berne Union
country) is eligible for protection in all Berne member countries. There are no special
requirements. For information on the legislation implementing the Berne Convention,
request Circular 93 from the Copyright Office.
An author who wishes protection for his or her work in a particular country should first
find out the extent of protection of foreign works in that country. If possible, this
should be done before the work is published anywhere, since protection may often depend on
the facts existing at the time of FIRST publication.
If the country in which protection is sought is a party to one of the international
copyright conventions, the work may generally be protected by complying with the
conditions of the convention. Even if the work cannot be brought under an international
convention, protection under the specific provisions of the country's national laws may
still be possible. Some countries, however, offer little or no copyright protection for
foreign works.
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, except in two specific
situations,[FOOTNOTE 2] registration is not a condition of copyright protection. Even
though registration is not generally 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 and for foreign works not originating in a Berne Union country. (For more
information on when a work is of U.S. origin, request Circular 93.)
* 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 and
* 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.
* Copyright 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 from:
Commissioner of Customs
ATTN: IPR Branch, Room 2104
U.S. Customs Service
1301 Constitution Avenue, N.W.
Washington, D.C. 20229.
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).
[ FOOTNOTE 2: Works published with notice of copyright before January 1, 1978, must be
registered and renewed during the first 28-year term of copyright to maintain protection.
Under sections 405 and 406 of the Copyright Act, copyright registration may be required to
preserve a copyright on a work first published before March 1, 1989, that would otherwise
be invalidated because the copyright notice was omitted from the published copies or
phonorecords, or the name or year date was omitted, or certain errors were made in the
year date. ]
REGISTRATION PROCEDURES
IN GENERAL
A. To register a work, send the following three elements IN THE SAME ENVELOPE OR PACKAGE
to the Register of Copyrights, Copyright Office, Library of Congress, Washington, D.C.
20559: (see page 11 for what happens if the elements are sent separately).
1. A properly completed application form
2. A nonrefundable filing fee of $20 for each application [FOOTNOTE 3]
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" immediately following this section.
* If the work is unpublished, one complete copy or phonorecord.
* 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.
B. To register a renewal, send:
1. A properly completed RE application form and
2. A nonrefundable filing fee of $12 for each work.
[ FOOTNOTE 3: Copyright fees are adjusted at 5-year intervals, based on increases in the
Consumer Price Index. The next adjustment is due in 1995. Contact the Copyright Office in
January 1995 for the new fee schedule. For the fee structure for application Form
SE/GROUP, see instructions on the form. ]
_______________________________________________________________
NOTE: COMPLETE THE APPLICATION FORM USING BLACK INK PEN OR TYPEWRITER. 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 WILL BE RETURNED.
_______________________________________________________________
SPECIAL DEPOSIT REQUIREMENTS
Special deposit requirements exist for many types of work. In some instances, only one
copy is required for published works, in other instances only identifying material is
required, and in still other instances, the deposit requirement may be unique. The
following are three 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 ON PHONORECORD, the
deposit requirement is one complete copy of the 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 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 Circular 61.)
* 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 the identical work is also available in print or hard copy form, send one complete copy
of the print version AND one complete copy of the CD-ROM version.
* For information about group registration of serials, request Circular 62.
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, fabric, oversized material (request Circular 40a) video
games and other machine-readable audiovisual works (request Circular 61 and ML-387)
automated databases (request Circular 65) and contributions to collective works. 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
A work may be registered in unpublished form as a "collection," with one
application and one fee, under the following conditions:
* 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 of 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 indexed in the CATALOG OF COPYRIGHT ENTRIES only under the
collection title.
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--with the Copyright Office.
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.
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 definition of
"publication" on page 3). 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, 2 copies (or, in
the case of sound recordings, 2 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.
_______________________________________________________________
NOTE: LIBRARY OF CONGRESS CATALOG CARD NUMBERS. 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, contact
the CIP Division, Library of Congress, Washington, D.C. 20540. For information on
International Standard Book Numbering (ISBN), write to: ISBN , R.R. Bowker/Martindale-
Hubbell, 121 Chanlon Road, New Providence, N.J. 07974. Call (908) 665-6770. For
information on International Standard Serial Numbering (ISSN), write to: Library of
Congress, National Serials Data Program, Washington, D.C. 20540.
_______________________________________________________________
USE OF MANDATORY DEPOSIT TO SATISFY REGISTRATION REQUIREMENTS
********************************************
For works published in the United States the Copyright Act 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 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 go to
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 TX: for published and unpublished nondramatic literary works
Form SE: 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.)
Short Form/SE and Form SE/GROUP: specialized SE forms for use when certain requirements
are met
Form PA: for published and unpublished works of the performing arts (musical and dramatic
works, pantomimes and choreographic works, motion pictures and other audiovisual works)
Form VA: for published and unpublished works of the visual arts (pictorial, graphic, and
sculptural works, including architectural works)
Form SR: for published and unpublished sound recordings
FOR RENEWAL REGISTRATION
Form RE: for claims to renewal copyright in works copyrighted under the law in effect
through December 31, 1977 (1909 Copyright Act)
FOR CORRECTIONS AND AMPLIFICATIONS
Form CA: 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: 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
Free application forms are supplied by the Copyright Office.
_______________________________________________________________
COPYRIGHT OFFICE FORMS HOTLINE NOTE: Requestors may order application forms and circulars
at any time by telephoning (202) 707-9100. Orders will be recorded automatically and
filled as quickly as possible. Please specify the kind and number of forms you are
requesting.
_______________________________________________________________
MAILING INSTRUCTIONS
*****************************
All applications and materials related to copyright registration should be addressed to
the Register of Copyrights, Copyright Office, Library of Congress, Washington, D.C. 20559.
THE APPLICATION, NONRETURNABLE DEPOSIT (COPIES, PHONORECORDS, OR IDENTIFYING MATERIAL),
AND NONREFUNDABLE FILING FEE SHOULD BE MAILED IN THE SAME PACKAGE.
We suggest that you contact your local post office for information about mailing these
materials at lower-cost fourth class postage rates.
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 will ordinarily be returned. Unpublished deposits
without applications or fees will ordinarily 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 section 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 department 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.
FEES
*******************
Do not send cash. A fee sent to the Copyright Office should be in the form of a money
order, check, or bank draft payable to the Register of Copyrights it should be securely
attached to the application. A remittance from outside the United States should be payable
in U.S. dollars and should be in the form of an international money order or a draft drawn
on a U.S. bank. Do not send a check drawn on a foreign bank.
EFFECTIVE DATE OF REGISTRATION
*************************************
A COPYRIGHT REGISTRATION IS EFFECTIVE ON THE DATE THE COPYRIGHT OFFICE RECEIVES ALL OF 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 and the personnel available. Keep in mind that it may take a number of days
for mailed material to reach the Copyright Office and for the certificate of registration
to reach the recipient after being mailed by the Copyright Office. If you are filing an
application for copyright registration in the Copyright Office, you WILL NOT receive an
acknowledgement that your application has been received, but you can expect:
* A letter or telephone call from a Copyright Office staff member if further information
is needed
* A certificate of registration to indicate the work has been registered or
* If registration cannot be made, a letter explaining why it has been refused.
Please allow 120 days to receive a letter or certificate of 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 3 weeks for the return of your receipt.
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 at the statutory rate
of $20 for each hour or fraction of an hour. For information on searching the Office
records concerning the copyright status or ownership of a work, request Circulars 22 and
23.
AVAILABLE INFORMATION
*******************************
This circular attempts to answer some of the questions that are frequently asked about
copyright. For a list of other material published by the Copyright Office, request
Circular 2,
"Publications on Copyright." Any requests for Copyright Office publications or
special questions relating to copyright problems not mentioned in this circular should be
addressed to the Copyright Office, LM 455, Library of Congress, Washington, D.C. 20559. To
speak to a Copyright Information Specialist, call (202) 707-3000.
The Copyright Office is not permitted to give legal advice. If you need information or
guidance on matters such as disputes over the ownership of a copyright, suits against
possible
infringes, the procedure for getting a work published, or the method of
obtaining royalty payments, it may be necessary to consult an attorney.
COPYRIGHT OFFICE * LIBRARY OF CONGRESS * WASHINGTON, D.C. 20559
END
*******************************************************
Note: This file has been edited for use on computer networks. You can obtain a copy of the
original by writing to the Copyright Office at the above address.
