|
|
|
(Frequently Asked Questions
About Copyrights)
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. More 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?
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.
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.
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.
10.I lost my certificate: Can I get a new one?
Yes, we can produce additional certificates for a fee of $8.
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.
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.
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.
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.
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.
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. 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.
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.
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.
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.
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.
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.
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, 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.
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.
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.
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.
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.
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?
The Sonny Bono Copyright Term Extension Act, signed into law on
October 27, 1998, amends the provisions
concerning duration of copyright protection. Effective
immediately, the terms of copyright are generally extended for an
additional 20 years. Specific provisions are as follows:
* For works created after January 1, 1978, copyright protection
will endure 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 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.
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.
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.
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.
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, 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.
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.