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WORDS
FREQUENTLY ASKED QUESTIONS
Does
copyright protect my idea for a story from piracy?
Copyright law only protects original works of authorship, such as poetry,
novels, computer software and architecture. Copyright also extends to
digital works and works transformed into a digital format. Copyright does
not protect facts, ideas, statistics, systems, listings of ingredients,
or methods of operation, but it may protect the way these things are expressed.
For example, a recipe or formula in which the explanation or directions
is expressed in an original way might have copyright protection. The best
way to protect an idea is to express it in writing and claim copyright
in the expression, but even that cannot give copyright protection to the
idea itself as revealed in the writing.
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Does
copyright protect names or titles?
Copyright does not protect names, titles, slogans, or short phrases. In
some cases, these things might have trademark protection.
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Who
owns the copyright to a work?
The author of the work, who is defined under the law as the creator of
the original expression in a work, owns the copyright, but an important
exception to this definition is when a work has been made for hire. In
cases of works made for hire, the employer or commissioning party is considered
to be the author and owns the copyright.
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Do
I own the copyright to works I write for my job?
Usually not. Although the general rule is that the person who creates
the work is its author, when a work is written by an employee within the
scope of his or her employment or special kinds of work are specially
ordered or commissioned, the work is made for hire. When a work made for
hire, the employer or commissioning party is legally the author.
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Must
I register for copyright to be protected?
No, you do not have to register your copyright to have the protection
of the copyright law. Your work is under copyright protection the moment
it is created and fixed in a tangible form that is perceptible, either
directly or through a device. Registration is completely voluntary. You
must register, however, if you wish to bring a lawsuit for infringement.
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Should
I register my work even though copyright protection is automatic?
Yes, you should. Registering your copyright gives you important protection,
especially when infringement has occurred, that you would not get without
registration. It proves that you created the work by a particular date.
It might entitle you to statutory damages and attorney's fees in an infringement
suit. It helps establish evidence that your work is entitled to copyright
protection. Registration is relatively easy and inexpensive. Every author
should register his or her work -- whether published or unpublished --
with the Copyright Office.
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How
do I register for copyright?
To register a written work, send the appropriate completed registration
form and a non-refundable filing fee of $20 ($30 after June 30, 1999)
to: Register of Copyrights, Copyright Office, Library of Congress, Washington,
D.C. 20559. Only the Copyright Office can accept applications and issue
registrations. Usually, you also must send two copies of the best edition
of the work as a "deposit." The appropriate form contains simple directions
to follow.
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How
do I prove my copyright is registered?
The Copyright Office will send you a certificate of registration,
but your copyright registration is effective on the date the Copyright
Office receives your application, not when you receive the certificate
of registration.
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Which
form should I use to register?
The directions on each form describes which kinds of works it covers.
Form TX, which covers non-dramatic literary works in printed form, is
the appropriate registration form for most written works. Published contributions
to periodicals may qualify for group registration, in which case you should
file a Form GR/CP with Form TX. To receive forms or other free information
from the Copyright Office (such as the very useful Copyright Information
Kit), call the Copyright Office hotline at (202) 707-3000 or visit its
website: www.loc.copyright.gov.
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How
do I get my work into the Library of Congress?
Copies of works deposited for copyright registration are available to
the Library of Congress for its collections. The Library has the right
to select or reject any published work for its permanent collections
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Is
my copyright effective 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
copyright relationships with every country. For a listing of countries
and the nature of their copyright relations with the U. S., see Circular
38a published by the Copyright Office.
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Do
I have to renew my copyright?
No. Works created on or after January 1, 1978 do not require renewal of
the registration. For works published or registered prior to January 1,
1978, renewal is optional after 28 years but does provide certain legal
advantages.
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Does
my work have to be published to be protected?
No. Publication is not necessary for copyright protection.
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Can
I sell my copyright?
Yes. Like any other property, all or part of the rights in a copyrighted
work can be sold or licensed by the owner to another. A publishing contract
and a motion picture option is are examples of licenses of copyright.
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How
long does copyright protection for a work last?
The Sonny Bono Copyright Term Extension Act of 1998 lengthened the duration
of copyright protection for most works by 20 years. The duration of copyright
protection depends on when the work was created (and, in some cases, when
it was published). For works created after January 1, 1978, copyright
protection will last for the life of the author plus an additional 70
years. In the case of a joint work, the term lasts for 70 years after
the last surviving author's death. For anonymous and pseudonymous works
and works made for hire, the term will be 95 years from the year of first
publication or 120 years from the year of creation, whichever expires
first; For works created but not published or registered before January
1, 1978, the term endures for life of the author plus 70 years, but in
no case will copyright expire earlier than December 31, 2002. If the work
is published before December 31, 2002, the term will not expire before
December 31, 2047; For pre-1978 works still in their original or renewal
term of copyright, the total term is extended to 95 years from the date
that copyright was originally secured.
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What
happens to a copyright when the owner of it dies?
A copyrighted work does not fall into the public domain when the owner
of it dies, but the duration of copyright protection often depends on
the date its owner dies. Copyright is personal property that may be bequeathed
or pass to the owner's heirs under the relevant state inheritance laws
for the remainder of the term of protection. Transfers of rights under
copyright law generally remain effective upon the transferorÕs death,
although transfers may be terminated under certain circumstances set forth
in the Copyright Act either by the owner and/or his or her heirs.
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What
is copyright infringement?
Copyright infringement is the exploitation of any of the rights of copyright
-- the right to copy, distribute, display, perform, and make derivative
works based on the protected work -- by another without proper permission.
In order for a court to determine that a copyright in a work has been
infringed upon it must find that: 1) the allegedly infringing work is
"substantially similar" to the copyrighted work and 2) the alleged infringer
had access to the copyrighted work. Although establishing "substantial
similarity" can be somewhat difficult, courts look for similarities in
the text, format, layout, sequence, and other elements of the works. If
there is no direct proof of the alleged infringer's access to the original
author's work, courts may look to indirect evidence of access, such as
correspondence to or from a publisher or producer (i.e., submission or
rejection letters) or the masthead of a publication to prove that individuals
could have seen the author's submission. If a substantial portion of words
are identical to those in the original work, then "access" may be presumed
by the courts.
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What
are the penalties for copyright infringement?
A copyright owner possesses the exclusive right to reproduce and distribute
the work in copies, to perform and display the work, and to produce derivative
works based on the work. Anyone who infringes these exclusive rights without
the copyright owner's permission faces severe civil (and possibly criminal)
penalties: he can be judicially restrained from further use of the work,
unauthorized copies could be impounded or destroyed, and the infringer
could be liable for actual damages, profits earned from the unauthorized
use of the copyright owner's work, and, if the copyright is registered,
for statutory damages and attorneys fees.
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How
much of someone else's work can I use without getting permission?
Under the "fair use" doctrine of the Copyright Act, it is permissible
to use limited portions of a work, including quotes, for purposes such
as commentary, criticism, news reporting, and scholarly reports. It is
risky to rely on the "fair use" doctrine to avoid getting permission.
Fair use is defined as copying "for purposes such as criticism, comment,
news, reporting, teaching, scholarship or research." Despite what you
may have heard to the contrary, there are no set rules about what kind
of use is "fair" and what is "infringing." (For example, using less than
a certain number of words from an author's work does not automatically
constitute fair use.) Instead, courts weigh four factors to determine
whether unauthorized use of another's work is "fair" or "infringing:"
1) the purpose and character of the use, 2) the nature of the copyrighted
work, 3) the amount of the copyrighted work used in relation to the whole,
and 4) the effect of the use upon the potential market for the copyrighted
work. Courts apply these factors on a case-by-case basis, and one court's
interpretation of the factors could easily differ from another's. Thus,
it is nearly impossible to predict whether or not a court would find any
given unauthorized use to be "fair." The best course of action is simply
to seek permission for all copied material you intend to use.
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May
I base my story or script on a pre-existing work by another author?
If the work is in the public domain, you are free to copy it or prepare
a derivative work based on it. If the work is still protected by copyright,
only the owner has the right to prepare, or to authorize someone else
to create, a new version of that work.
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Why
should I honor copyright?
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Can
I be sued for using somebody else's work?
If you copy, display, distribute or prepare a derivative work based on
another's copyrighted work without his or her permission, the owner may
be entitled to bring an infringement action against you.
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When
should I get permission to quote or copy a copyrighted work?
If you intend to quote or even paraphrase the words of another author,
you should obtain that author's permission before doing so.
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How
do I obtain legal permission to copy or quote from someone's copyrighted
work?
To obtain permission, you must determine who is the owner of the material
you intend to use, contact the owner, obtain her permission (preferably
written) to use her work in the territory and format you intend, and --
in some cases -- pay the owner a fee. The original publisher should be
able to provide you with ownership information or even obtain and provide
the appropriate permission. Also, the Copyright Office will conduct a
copyright search for an hourly fee. If you run into difficulty, your publisher
may be willing to help you track down the owner of the rights. Permission
fees are negotiable and will vary depending on the amount and nature of
the material you intend to use. Some publishers provide permissions kits,
which include forms and instructions that you can use in seeking permissions.
If your publisher does not provide such kits, use a version of the letter
and form included in this site.
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Somebody
infringed my copyright. What can I do?
You may sue in federal court for damages and an injunction stopping the
infringement. Sometimes the receipt of a "cease and desist" letter from
you or your attorney will be enough to halt an infringer's activity. If
you suspect imminent publication of an infringing work, try to obtain
a copy of the work before publication. If you cannot do so, obtain a copy
of the infringing work upon its release to determine whether it copies
the unique nature of your work, such as its text and/or format. Keep in
mind, however, that ideas alone are not protected by copyright. Copyright
law protects only your particular expression of an idea. In the case of
a non-fiction work, copyright law protects the expression and arrangement
of facts, but not the facts alone.
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I
found my essay on someone else's website. What can I do to get it taken
down?
The Digital Millennium Copyright Act provides specific steps for authors
of copyrighted works to contact a designated representative of the host
service provider for the infringing website and demand that the infringing
material be removed from the service or access to it be disabled. You
can determine who the host service provider by logging onto www.internic.net
and typing in the URL of the infringing website. Either the Copyright
Office website (www.loc.copyright.gov)
or the service provider's website should have the designated agent's contact
information. Upon receipt of your demand that the infringing material
be removed from the service, the service provider must "expeditiously"
remove it, or be subject to vicarious or contributory infringement liability
to you.
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What
are the classroom guidelines for photocopying?
Guidelines for classroom photocopying by not-for-profit educational institutions
were prepared in the late 1970s by a group including the Authors League
of America, the Association of American Publishers, and representatives
of educational institutions and organizations.
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