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Answers to Top 10 Copyright Questions:
- Are forms available free from the U.S. Copyright Office and
U.S. Patent & Trademark Office?
- What is the Difference Between a Copyright, Trademark &
Patent?
- Why is it Important to File a Copyright Registration with the
U.S Copyright Office?
- What are Copyrightable Works?
- How Long Does Copyright Protection Last?
- What Works are Generally NOT Protected by Copyright?
- Can I Protect an Idea? (No, but you can protect…)
- What are my "Copy" Rights & What is "Fair
Use" of a Work?
- When can I use the Copyright Notice on my Work?
- Who may file a Copyright Application Form?
Other Copyright Questions:
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Copyright Questions Answered]
1. Are forms available free from the U.S. Copyright Office and U.S. Patent & Trademark Office?
Official's award-winning Official Copyright(tm) online and software process to automate and streamline selecting and completing forms. Although free copyright forms are available from the Copyright Office, filers have requested our software and online tools to assist with selecting the appropriate form, completing the spaces, having access to all of the related information and tools to manage and track registrations.
Official's technology and automation provide a unique step-by-step interview process, decisions, such as how to file a collection of works on one form with one fee, what to do with a derivative work, how to complete form spaces from the needed copyright office publications for your work, what to send for a published or unpublished work, best editions of the work requirements, how to use the copyright notice for your work, etc are presented as they are needed and extracted from Copyright Office publications. Copyright filers have also asked for a means to edit forms that have not been submitted yet, and for a way to track and store forms. These are many of the value-added features the software and online products provide for those that wish to self-file.
These programs also add management and organization features, like the ability to manage, organize and track works and access professional resources. Just as products like TurboTax™ save time and manage the tax filing process, Official products provide time-saving tools and resources to simplify and automate copyright & trademark filing and management of the registrations.
With the award-winning Official Copyright™ Software product, complex choices for copyright filing, such as derivative works, filing a collection of works with one form and one fee, how to submit a deposit copy for a published or unpublished work, etc. are simplified into a few easy steps. The Official Trademark™ Software product simplifies completing a trademark application form and guides the applicant through the decisions needed to determine how to file and search for conflicting marks.
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2. What is the Difference Between a Copyright, Trademark & Patent?
Copyright protects original artistic, literary, dramatic, musical and other intellectual property works, including compilations such as multimedia works and computer programs and websites. You can not copyright an idea! What you can claim copyright in is your original expression of an idea that is "fixed" in a tangible form of expression (e.g. written down). You also can not copyright names, titles or short phrases. In some cases, names may be protected by Trademark law. Copyrights are filed with the U.S. Copyright Office. Filing a copyright is automated and streamlined through the Official Copyright Software™ and online filing products.
Trademark protects titles, words, names, symbols, logos and designs that are used to identify a business's goods (trademarks) or services (service marks) that are used in commerce. Trademarks are filed with the U.S. Patent & Trademark Office. Trademark applications can be completed with an easy step-by-step automated process using the Official Trademark™ Software product.
Patents are used to protect inventions. A patent is applied for and includes a search for conflicting patents or inventions and consists of claims that are typically drafted by an intellectual property or patent attorney. For more information about filing a patent, call the U.S. Patent & Trademark Office (800) 786-9199 or visit the USPTO website: http://www.uspto.gov/main/patents.htm
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3. Why is it Important to File a Copyright Registration with the U.S Copyright Office?
Filing Copyright Critical for Full Rights. Did you know Copyright protects your rights in a work for your lifetime +70 years and is recognized in over 70 countries worldwide?
Legal battles over rights to music, films, websites and other intellectual property works are making headlines around the world. Don't wait to file. Filing with the U.S. Copyright Office is the best and only full strength legal protection. It not only creates a public record of your claim to copyright in a work at the Library of Congress, but a law suit can't be filed in U.S. court without it. Plus, you risk losing significant damages if a copyrights not filed and someone infringes on your work.
Official Copyright streamlines filing and makes it easy to not only know what and how to file, but to also manage your copyright throughout the life of the registration.
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4. What are Copyrightable Works?
Musical Works & Sound Recordings (Form PA)
Songs, lyrics and recorded works...;
Performing Arts Works (Form PA)
Works for theater, television, radio, film, etc. including scripts...
Fiction & Nonfiction Written Works (Form TX)
Novels, poetry, textbooks, stories...
Computer Programs, Multimedia & Websites (Form TX+)
Software, websites, databases, and other "compilations"...
Fine, Graphic & Applied Art Works (Form VA)
2-D and 3-D works such as photographs, drawings, greeting cards, games...
Architectural Works (Form VA)
Including plans & tech. drawings;
Other Works:
Serial Works (magazines, newsletters), Vessel Hulls, Circuit Boards, Corrections, Renewals, Document Cover Sheets, etc.
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5. How Long Does Copyright Protection Last?
Under current law, copyright for works created on or after January 1,1978 begins the moment a work is created and is "fixed in a tangible form." Copyright protection generally lasts your lifetime plus 70 years. For works by more than one author or anonymous works see Circular 1, "Copyright Basics" for more info.
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6. What Works are Generally NOT Protected by Copyright?
- Ideas, concepts, discoveries and principles;
- Formulas, processes, systems, and methods; (but may be the subject of a Patent)
- Words and short phrases such as names, titles, and slogans; (but may be a Trademark)
- Familiar symbols or designs; or mere variations of typographic ornamentation, lettering or coloring.
- Works not fixed in a tangible form of expression (e.g. a performance that is not recorded or written down)
- Works consisting ENTIRELY of information that is common property, with no original authorship (e.g. tape measures, rulers, tables from public documents)
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7. Can I Protect an Idea? (No, but you can protect…)
An often misunderstood concept in Copyright is that you can not copyright an idea. What is protected (and can be registered with the U.S. Copyright Office) is your expression of a concept or idea - and not the concept or idea itself.
For Example:
Let's say you had an idea to write a song about the city of Rome and you then composed a song and sent the sheet music (with the proper form, deposit of the work and fee) to the Copyright Office. The moment you "created" the song and it was fixed it in a tangible form of expression (e.g. by writing it down as sheet music), you became the owner of copyright to that song. When you then send it to the U.S. Copyright Office and receive your registration, you then established a "public record" * of your copyright. No one else has the right to reproduce or copy your song about Rome. That doesn't mean that no one else can ever write a song about the city of Rome. * (Making a public record of your claim to copyright in a work is important to enforce your legal claim in the event your rights are ever infringed upon.)
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8. What are my "Copy" Rights & What is "Fair Use" of a Work?
In general, the moment an original work is created in fixed form, the author owns the Copyright in the work unless it is a "work made for hire" (as in the case of an employee working for an employer; then the employer is considered the author of the work) or, unless it's a "joint work" in which two or more authors are claiming copyright.
Those rights remain with the author unless the author specifically transfers them in writing to someone else. (Note: Even though ownership of the rights to a work can change, the author of the work remains the same). Copyright law protects the work you have created from "unauthorized copying, reproductions, sale and other forms of infringement."* There are some limitations to these rights under the doctrine of fair use, for example, in the case of educators and librarians.
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9. When can I use the Copyright Notice on my Work?
Using the copyright notice is not required under current law for a work to be protected by copyright. It is, however, recommended that the notice appear on all copies of a work. A copyright notice informs the public the work is protected by copyright, identifies the owner of copyright and shows the year of first publication (for unpublished works, shows the year it was created). Also, in the event that a work is infringed the court will not allow a defendant to claim "innocent infringement" if it carries a proper notice. The copyright notice consists of: The "©" symbol (or the word "Copyright" or "Copr.") followed by the year of copyright and name of the copyright owner. Examples:
Published work: © 2002 John Doe
Unpublished work: Unpublished work © 2002 John Doe
For a "sound recording" on a phonorecord (disk, tape, etc.) (but NOT including the sounds of motion pictures or other audiovisual works) the notice is: The phonorecord symbol "?" (the letter "P" in a circle) followed by the year of copyright and name of the copyright owner.
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10. Who may file a Copyright 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.
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11. Can I Copyright the Name of my Band?
No. Names are not protected by copyright law. Some names may be protected under trademark law. Trademarks are filed with the U.S. Patent & Trademark Office. Trademark applications can be completed with an easy step-by-step automated process using the Official Trademark™ Software product.
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12. 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 $65* per hour. For additional information, request Circular 22, "How to Investigate the Copyright Status of a Work." (* U.S. Copyright Office fees subject to change)
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13. 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.
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14. 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, request Circular 38a, "International Copyright Relations of the United States."
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15. 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 write to the:
Library of Congress,
Collections Policy Office
101 Independence Avenue, S.E.,
Washington, D.C. 20540.
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16. 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. See FL 102, "Fair Use" and request Circular 21,"Reproductions of Copyr. Works by Educators and Librarians"
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17. How do I contact the U.S Copyright Office?
202-707-3000 general number
202-707-5959 copyright office information specialist
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