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circular 1 2 1.0708 w copyright basics 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dramatic musical artistic and certain other intellectual works this protection is available to both published and unpublished works section 106 of the 1976 copyright act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following · to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 audio visual works · to display the 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 audio visual 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 attribu tion and integrity as described in section 106a of the 1976 copyright act for further information see circular 40 copyrightregistrationforworksofthe visualarts 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 sections 107 through 121 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 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 infor mation about the limitations of any of these rights consult the copyright law or write to the copyright office note 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

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copyright basics · not the same as a phonorecord a phonorecord is the physical phonorecord includes cassette tapes cds and vinyl disks as well as other formats object in which works of authorship are embodied the word 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 · 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 see circular 38b highlights of copyright amendments contained in the uruguay round agree ments act uraa-gatt for further information · the work comes within the scope of a presidential proclamation a treaty party is a country or intergovernmental organization other than the united states that is a party to an international agreement who can claim copyright copyright protection subsists from the time the work is cre ated in fixed form the copyright in the work of authorship immediately becomes the property of the author who cre ated 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 section 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 · 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 coowners 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 col lective 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 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

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copyright basics · 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 regis tered as literary works maps and architectural plans may be registered as pictorial graphic and sculptural works copyright is secured automatically when the work is cre ated 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 vinyl 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 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 sym bols or designs mere variations of typographic ornamen tation 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 publication publication is no longer the key to obtaining federal copy right 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 isthedistributionofcopiesorphonorecords ofaworktothepublicbysaleorothertransferofownership,orbyrental,lease,orlending.theofferingtodistribute copiesorphonorecordstoagroupofpersonsforpurposesof furtherdistribution,publicperformance,orpublicdisplay constitutespublication.apublicperformanceordisplayof aworkdoesnotofitselfconstitutepublication note before 1978 federal copyright was generally secured by the act of publication with notice of copyright assuming works in the public domain on january 1 1978 for example compliance with all other relevant statutory conditions u.s 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 how to secure a copyright copyright secured automatically upon creation agreements act uraa see circular 8b and see the notice of copyright section on page 4 for further information federal copyright could also be secured before 1978 by the had their copyrights restored under the uruguay round certain foreign works originally published without notice act of registration in the case of certain unpublished works and works eligible for ad interim copyright the 1976 copy 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 followingnote there are however certain definite advan tages to registration see copyright registration on page 7 right act automatically extends to full term section 04 sets or before june 0 1978 interim copyright if ad interim registration has been made on the term copyright for all works including those subject to ad

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copyright basics · 4 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 distri bution 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 phonore cords 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 phono records 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 per formance 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 on page 11 · publication of a work can affect the limitations on the exclusive rights of the copyright owner that are set forth in sections 107 through 121 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 rec ords 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 on page 7 · when a work is published it may bear a notice of copy right 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 copy right below 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 fur ther information about copyright amendments in the uraa see circular 38b 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 interposi tion of a defense based on innocent infringement in mitigation of actual or statutory damages except as provided in section 504c 2 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 sculp tural 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 ©2008johndoe the c in a circle notice is used only on visually percep tible copies certain kinds of works for example musical dramatic and literary works may be fixed not in copies 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.

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copyright basics · 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 copies of works published before march 1 1989 that con sist primarily of one or more works of the u s government should have a notice and the identifying statement unpublished works 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 2008a.b.c.recordsinc forms of the notice you may wish to seek legal advice before note since questions may arise from the use of variant the author or copyright owner may wish to place a copy right notice on any unpublished copies or phonorecords that leave his or her control example unpublished work ©2008janedoe omission of 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 five 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 see circular 3 using any form of the notice other than those given here position of notice how long copyright protection endures works originally created on or after january 1 1978 the copyright notice should be affixed to copies or phono records 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 codeoffederalregulations 37 cfr 201.20 for more information see circular 3 copyright notice publications incorporating u.s government works works by the u s government are not eligible for u s copy right protection for works published on and after march 1 1989 the previous notice requirement for works consist ing 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 copy right is claimed or those portions that constitute u s gov ernment material example ©2008janebrown copyrightclaimedinchapters7­10 exclusiveofu.s.governmentmaps a work that was 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 is generally computed in the same way as for works created on or after january 1 1978 the lifeplus70 or 95/120year terms apply to them as well the law provides that in no case would the term of copyright for works in this category expire before december 31 2002 and for works published on or before december 31,

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copyright basics · 6 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 reg istered 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 copy rights that were subsisting on january 1 1978 or for pre1978 copyrights restored under the uruguay round agreements act uraa making these works eligible for a total term of protection of 75 years public law 105298 enacted on octo ber 27 1998 further extended the renewal term of copyrights still subsisting on that date by an additional 20 years provid ing for a renewal term of 67 years and a total term of protec tion of 95 years public law 102307 enacted on june 26 1992 amended the 1976 copyright act to provide for automatic renewal of the term of copyrights secured between january 1 1964 and december 31 1977 although the renewal term is automati cally provided the copyright office does not issue a renewal certificate for these works unless a renewal application and fee are received and registered in the copyright office public law 102307 makes renewal registration optional thus filing for renewal registration is no longer required to extend the original 28year copyright term to the full 95 years however some benefits accrue to renewal registrations that were made during the 28th year for more detailed information on renewal of copyright and the copyright term see circular 15 renewalofcopyright circular 15a durationofcopyright and circular 15t extensionofcopyrightterms copyright is a personal property right and it is subject to the various state laws and regulations that govern the owner ship 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 any forms for such transfers the law does provide for the recordation in the copyright office of transfers of copyright ownership although recor dation 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 docu ments related to copyright see circular 12 recordationof transfersandotherdocuments 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 regis tered 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 writ ten 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 ter mination covering the newly added years that extended the former maximum term of the copyright from 56 to 95 years for further information see circulars 15a and 15t note the copyright in works eligible for renewal on or after june 6 199 will vest in the name of the renewal claimant the 8th year of the original term otherwise the renewal on the effective date of any renewal registration made during copyright will vest in the party entitled to claim renewal as of december 1st of the 8th year transfer of copyright any or all of the copyright owner s exclusive rights or any subdivision of those rights may be transferred but the trans fer 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 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 trea ties and conventions for further information and a list of

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copyright basics · 7 countries that maintain copyright relations with the united states see circular 38a internationalcopyrightrelationsof theunitedstates copyright registration in general copyright registration is a legal formality intended to make a public record of the basic facts of a particular copy right however registration is not a condition of copyright protection even though registration is not a requirement for protection the copyright law provides several inducements or advantages to encourage copyright owners to make regis tration among these advantages are the following · registration establishes a public record of the copyright claim · before an infringement suit may be filed in court regis tration is necessary for works of u s origin · if made before or within five years of publication regis tration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate · if registration is made within three months after publica tion 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 · registration allows the owner of the copyright to record the registration with the u s customs service for pro tection against the importation of infringing copies for additional information go to the u s customs and border protection website at www.cbp.gov/xp/cgov/import click on intellectual property rights 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 fundable filing fee and a nonreturnable deposit that is a copy or copies of the work being registered and deposited with the copyright office a copyright registration is effective on the date the copy right office receives all required elements in acceptable form regardless of how long it takes to process the application and mail the certificate of registration the time needed to pro cess applications varies depending on the amount of material the office is receiving and the method of application see below here are the options for registering your copyright begin ning with the fastest and most costeffective method option 1 online registration online registration through the electronic copyright office eco is the preferred way to register basic claims for literary works visual arts works performing arts works including motion pictures sound recordings and single serials advan tages of online filing include · a lower filing fee · fastest processing time · online status tracking · secure payment by credit or debit card electronic check or copyright office deposit account · the ability to upload certain categories of deposits directly into eco as electronic files you will submit a hard-copy deposit which is required under the system will prompt you to specify whether you intend to vide instructions accordingly submit an electronic or a hard-copy deposit and it will prothe mandatory deposit requirements for published works note you can still register using eco and save money even if basic claims include 1 a single work 2 multiple unpub lished works if they are all by the same authors and owned by the same claimant and 3 multiple published works if they are all first published together in the same publication on the same date and owned by the same claimant to access eco go to the copyright office website at www copyright.gov and click on electroniccopyrightoffice option 2 registration with fill-in form co registration procedures filing an original claim to copyright with the u.s copyright office an application for copyright registration contains three essential elements a completed application form a nonre the next best option for registering basic claims is the new fillin form co using 2d barcode scanning technology the office can process these forms much faster and more effi ciently than paper forms completed manually simply com plete form co on your personal computer print it out and mail it along with a check or money order and your deposit.

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copyright basics · 8 to access form co go the copyright office website and click on forms do not save your filledout form co and reuse it for another registration the 2d barcode it contains is unique for each work that you register option 3 registration with paper forms mailing addresses for applications filed on paper and for hard-copy deposits paper versions of form tx literary works form va visual arts works form pa performing arts works including motion pictures form sr sound recordings and form se single serials are still available they are not available on the copyright office website however staff will send them to you by postal mail upon request remember that online reg istration through eco and fillin form co see above can be used for the categories of works applicable to forms tx va pa sr and se types of applications that must be completed on paper libraryofcongress u.s.copyrightoffice 101independenceavenuese washington,dc20559 to expedite the processing of your claim use the address above with the zip code extension for your type of work 6222forliterarywork 6211forvisualartswork 6233forperformingartswork 6238formotionpictureorotheraudiovisualwork 6237forsoundrecording 6226forsingleserialissue filing a renewal registration certain applications must be completed on paper and mailed to the copyright office with the appropriate fee and deposit forms for these applications include · form dvh for registration of vessel hull designs · form mw for registration of mask works · form gatt for registration of works in which the u.s copyright was restored under the 1994 uruguay round agreements act · form re for renewal of copyright claims and · forms for group submissions including form gr/pph con published photographs form gr/cp contribu tions to periodicals form se/group serials and form g/dn daily newspapers and newsletters to access these forms go to the copyright office website and click on forms or call the copyright office informa tional circulars about these types of applications and cur rent registration fees are available on the copyright office website or by phone type you may photocopy blank application forms however note complete the application form using black ink pen or to register a renewal send 1 a properly completed application form re and if neces sary form re addendum and 2 a nonrefundable filing fee for each application and each addendum each addendum form must be accompanied by a deposit representing the work being renewed see circular 15 renewalofcopyright note for current information on fees please check the copyright office website at www.copyright.gov write the copyright office or call 0 707-000 deposit requirements clear legible on a good grade of 8v 11 white paper suitable be printed preferably in black ink head-to-head so that when the top of page 1 forms not meeting these requirements may photocopied forms submitted to the copyright office must be if you file an application for copyright registration online using eco you may in some cases attach an electronic copy of your deposit if you do not have an electronic copy or if you must send a hard copy or copies of your deposit to comply with the best edition requirements for published works you must print out a shipping slip attach it to your deposit and mail the deposit to the copyright office if you use form co you must mail the form fee and deposit in the same package send the deposit fee and paper registra tion form packaged together to libraryofcongress u.s.copyrightoffice 101independenceavenuese washington,dc20559 to expedite the processing of your claim use the address above with the zip code extensions found above the hardcopy deposit of the work being registered will not be returned to you for automatic feeding through a photocopier the forms should you turn the sheet over the top of page is directly behind adobe acrobat reader® installed on your computer to view reader may be downloaded free from www.copyright.gov be returned resulting in delayed registration you must have and print the forms accessed on the internet adobe acrobat

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copyright basics · 9 the deposit requirements vary in particular situations the general requirements follow also note the information under special deposit requirements below · if the work is unpublished one complete copy or phono record · if the work was first published in the united states on or after january 1 1978 two complete copies or phonore cords 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 when registering with eco you will receive via your printer a shipping slip that you must include with your deposit that you send to the copyright office this shipping slip is unique to your claim to copyright and will link your deposit to your application do not reuse the shipping slip place all applications deposits and fees in the same package if it is not possible to fit everything in one package number each package e.g 1 of of 4 to facilitate processing and where possible attach applications to the appropriate deposits note it is imperative when sending multiple works that you cd-rom the operating software and any manuals accompanying it if registration is sought for the com puter program on the cd-rom the deposit should also include a printout of the first 25 and last 25 pages of source code for the program in the case of works reproduced in threedimensional 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 fabrics and oversized materials see circular 40a deposit requirementsforregistrationofclaimstocopyrightinvisual artsmaterial computer programs video games and other machinereadable audiovisual works see circular 61 auto mated databases see circular 65 copyrightregistrationfor automateddatabases and contributions to collective works for information about deposit requirements for group regis tration of serials see circular 62 copyrightregistrationfor serials 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 special deposit requirements under the following conditions a work may be registered in unpublished form as a collection with one application form and one fee · 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 col lection as a whole is the same and · all the elements are by the same author or if they are by different authors at least one of the authors has contrib uted copyrightable authorship to each element a copyright registration number the cataloging in publicanote a library of congress control number is different from special deposit requirements exist for many types of works the following are 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 pub lished only in a phonorecord the deposit requirement is one complete phonorecord · if the work is an unpublished or published computer pro gram the deposit requirement is one visually perceptible copy in source code of the first 25 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 infor mation on computer program registration including deposits for revised programs and provisions for trade secrets see circular 61 copyright registration for com puter programs · if the work is in a cd-rom format the deposit require ment is one complete copy of the material that is the assigning lc control numbers and is operationally separate from the copyright office a book may be registered in or tion cip division of the library of congress is responsible for about obtaining an lc control number see the following loged and added to the library s collections for information deposited with the copyright office but not necessarily cata website http pcn.loc.gov/pcn for information on interna 877 10-7 for further information and to apply online bowker 630 central ave new providence nj 07974 call tional standard book numbering isbn write to isbn r.r.

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copyright basics · 10 see www.isbn.org for information on international stannational serials data program serial record division information from www.loc.gov/issn dard serial numbering issn write to library of congress corrections and amplifications of existing registrations to correct an error in a copyright registration or to amplify the information given in a registration file with the copy right office a supplementary registration form ca together with the filing form ca may be filed in the same manners as described above under registration procedures the infor mation 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 record ing a transfer of ownership for further information about supplementary registration see circular 8 supplementary copyrightregistration washington dc 20540-4160 call 0 707-64 or obtain an unpublished collection is not indexed under the individ ual titles of the contents but under the title of the collection filing a preregistration preregistration is a service intended for works that have had a history of prerelease infringement to be eligible for preregis tration a work must be unpublished and must be in the pro cess of being prepared for commercial distribution it must also fall within a class of works determined by the register of copyrights to have had a history of infringement prior to authorized commercial distribution preregistration is not a substitute for registration the preregistration application form pre is only available online for further information go to the copyright office website at www.copyright.gov mandatory deposit for works published in the united states although a copyright registration is not required the copy right act establishes a mandatory deposit requirement for works published in the united states see the 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 three months of publication in the united states two copies or in the case of sound recordings two phonore cords 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 if a registration for a claim to copyright in a published work is filed online and the deposit is submitted online the actual physical deposit must still be submitted to satisfy mandatory deposit requirements certain categories of works are exempt entirely from the mandatory deposit requirements and the obligation is reduced for certain other categories for further informa tion about mandatory deposit see circular 7d mandatory depositofcopiesorphonorecordsforthelibraryofcongress effective date of registration a copyright registration is effective on the date the copyright office receives all the required elements in acceptable form the time the copyright office requires to process an applica tion varies depending on the amount of material the office is receiving if you apply online for copyright registration you will receive an email saying that your application was received if you apply for copyright registration using a paper application you will not receive an acknowledgment that your application has been received the office receives more than 600,000 applications annually with either online or paper applications you can expect · a letter telephone call or email from a copyright office staff member if further information is needed or · a certificate of registration indicating that the work has been registered or if the application cannot be accepted a letter explaining why it has been rejected requests to have certificates available for pickup in the public information office or to have certificates sent by fed eral express or another mail service cannot be honored if you apply using a paper application and you want to know the date that the copyright office receives your mate rial send it by registered or certified mail and request a return receipt use of mandatory deposit to satisfy registration requirements for works published in the united states the copyright law contains a provision under which a single deposit can be made to satisfy both the deposit requirements for the library and the registration requirements to have this dual effect,

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copyright basics · 11 the copies or phonorecords must be accompanied by the pre scribed application form and filing fee who may file an application form the following persons are legally entitled to submit an appli cation 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 rights under the law any of the exclusive rights that make up a copyright and any subdivision of them can be transferred and owned sepa rately 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 rights any person author ized to act on behalf of the author other copyright claim ant or owner of exclusive rights may apply for registration there is no requirement that applications be prepared or filed by an attorney if a check received in payment of the filing fee is returned to the copyright office as uncollectible the copyright office will cancel the registration and will notify the remitter the filing fee for processing an original supplementary or renewal claim is nonrefundable whether or not copyright registration is ultimately made do not send cash the copy right office cannot assume any responsibility for the loss of currency sent in payment of copyright fees for further information read circular 4 copyrightfees note copyright office fees are subject to change for current right.gov write the copyright office or call 0 707-000 fees please check the copyright office website at www.copy certain fees and services may be charged to a credit card if an application is submitted online payment may be made by credit card or copyright office deposit account if an application is submitted on a paper application form the fee may not be charged to a credit card some fees may be charged by telephone and in person in the office others may only be charged in person in the office fees related to items that are handcarried into the public information office may be charged to a credit card · records research and certification section fees for the following can be charged in person in the office or by phone additional certificates copies of documents and deposits search and retrieval of deposits certifications and expedited processing in addition fees for estimates of the cost of searching copyright office records and for searches of the copyright facts of registrations and recor dations on a regular or expedited basis may be charged to a credit card by phone · public information office these fees may only be charged in person in the office not by phone standard registra tion request forms special handling requests for all stan dard registration requests requests for services provided by the certifications and documents section when the request is accompanied by a request for special han dling search requests for which a fee estimate has been provided additional fee for each claim using the same deposit full term retention fees appeal fees secure test processing fee short fee payments when accompanied by a remittance due notice inprocess retrieval fees and online service providers fees · public records reading room onsite use of copyright office computers printers or photocopiers can be charged in person in the office · accounts section deposit accounts maintained by the accounts section may be replenished by credit card see fees all remittances that are not made online or by deposit account should be in the form of drafts that is checks money orders or bank drafts payable to registerofcopyrights do not send cash drafts must be redeemable without service or exchange fee through a u s institution must be payable in u.s dollars and must be imprinted with ameri can banking association routing numbers international money orders and postal money orders that are negotiable only at a post office are not acceptable.

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1 · copyright basics circular 5 howtoopenandmaintainadepositaccount inthecopyrightoffice nie recordations and claims filed on form gatt may be paid by credit card if the card number is included in a sepa rate letter that accompanies the form by regular mail write to libraryofcongress copyrightoffice-copubs 101independenceavenuese washington,dc20559-6304 for information on other copyrightrelated publications read circular 2 publicationsoncopyright the copyright public information office is open to the public 8:30 am to 5:00 pm monday through friday eastern time except federal holidays the office is located in the library of congress james madison memorial building 101 independence avenue se washington dc near the capitol south metro stop staff members are available to answer questions provide circulars and accept applications for reg istration access for disabled individuals is at the front door on independence avenue se the copyright office is not permitted to give legal advice if information or guidance is needed on matters such as disputes over the ownership of a copyright suits against pos sible infringers the procedure for getting a work published or the method of obtaining royalty payments it may be nec essary to consult an attorney list newsnet that issues periodic email messages on the subnote the copyright office provides a free electronic mailing search of copyright office records the records of the copyright office are open for inspection and searching by the public upon request and payment of a fee the copyright office will search its records for you for information on searching the office records concerning the copyright status or ownership of a work see circular 22 howtoinvestigatethecopyrightstatusofawork and circu lar 23 thecopyrightcardcatalogandtheonlinefilesofthe copyrightoffice copyright office records in machinereadable form cata loged from january 1 1978 to the present including registra tion and renewal information and recorded documents are available for searching on the copyright office website at www.copyright.gov for further information by internet circulars announcements regulations certain applications forms and other materials are available from the copyright office website at www.copyright.gov by telephone deadlines for comments new and proposed regulations new est newsnet is not an interactive discussion group subscribe copyright office website at www.copyright.gov click on to the copyright office free electronic mailing list via the publications and other copyright-related subjects of inter ject of copyright the messages alert subscribers to hearings for general information about copyright call the copyright public information office at 202 7073000 staff members are on duty from 8:30 am to 5:00 pm eastern time monday through friday except federal holidays recorded informa tion is available 24 hours a day if you want to request paper application forms or circulars call the forms and publica tions hotline at 202 7079100 and leave a recorded message email updates you will receive a standard welcoming message indicating that your subscription to newsnet has been accepted u.s copyright office · library of congress · 101 independence avenue se · washington dc 09-6000 · www.copyright.gov circular 1 rev 07 2008 print 07 2008 ­ xx,xxx printed on recycled paper u.s government printing office 2008-320-958 60,119

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