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Definitions
•Who is an author?
•What is a deposit?
•What is
publication?
•What is a copyright notice? How do I put a copyright notice on my work?
•What is copyright
infringement?
•What is peer-to-peer (P2P) networking?
•Where is the public
domain?
•What is mandatory
deposit?
•What is a work made for
hire?
•What is a Library of Congress
number?
•What is an ISBN number?
•What are some other commonly used terms?
Frequently Asked Questions about
Copyright
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How do I protect my ebooks and other materials on the internet?
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"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.” [reference: United
States Copyright Office] and is often misunderstood.
No publication or registration in the Copyright Office is required to secure copyright. Copyright is secured
automatically when the work is created in a fixed or tangible form (notated or recorded). In other words, anything written
in a fixed form such as an ebook is automatically copyrighted.
However, ownership of an ebook does not give the possessor the ebook copyright. For example if you download an
ebook, you do not have the ebook copyright. Only the author of that book or someone who has been given rights by the author
has that ebook copyright.
The use of a copyright notice is no longer
required under United States law (Berne Convention March 1, 1989). It is often beneficial, however, because it informs the
public that the work is protected by copyright, it identifies the copyright owner, and shows the year of first
publication.
The copyright notice should contain the following three elements:
1) The symbol ©
2) The year of first publication
3) The name of the copyright owner
For example ©2008 Your Name (or Company)
Although it is unnecessary, You may also add the word 'Copyright'
For example Copyright ©2008 Your Name (or Company)
An ebook created on or after
January 1, 1978 is
automatically copyright protected for 70 years after the author's death.
Any or all of the copyright owner's exclusive rights or any subdivision of those rights may be transferred, but
the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights
conveyed or such owner's duly authorized agent.
Transfer of a right on a nonexclusive basis does not require a written agreement.[reference: United States
Copyright Office]. In essence this means that unless there is written authorization from the author, the receiver does not
have exclusive rights.
Although registration is not a requirement for protection, the copyright law encourages copyright owners to make
registration.
The advantages are:
1) Registration establishes a public record of the copyright claim.
2) For ebooks of US origin, registration is necessary before
an infringement suit may be filed in court.
3) If made before or within 5 years of publication, registration will establish the validity of the
copyright.
4) If registration is made within 3 months after publication, statutory damages and attorney's fees will be
available to the copyright owner in court actions. Otherwise, only an award for damages and profits will be
available.
5) Registration allows the owner of the copyright to record the registration with the United States Customs
Service for protection against the importation of infringing copies.
For additional information, request
Publication No. 563 "How to Protect Your Intellectual Property Right," from: U.S. Customs Service, P.O. Box 7404, Washington, D.C. 20044.
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. [reference: United States Copyright
Office]
To register your ebook, send the 3 items below in the same envelope or package to:
1) A properly completed application form.
2) A non-refundable filing fee of $30 for each application.
Note that Copyright Office fees are subject to change. For current fees, please check the Copyright Office Website
at www.copyright.gov, write to the Copyright Office, or call (202) 707-3000.
3) A non-returnable copy of the ebook to be registered.
If these three items are not received together, for example, applications and fees received without a copy of the
ebook, the application will not be processed.
The copyright registration will take effect on the date the Copyright Office receives all three of the above
items, regardless of how long it then takes to process the application and mail the certificate of
registration.
Be careful to complete the application form correctly, otherwise you will be required to file a supplementary
registration form with the Copyright Office at a cost of $100.
Persons who are legally entitled to submit an application form are:
1) The author - either the person who actually created the ebook or, if the work was made for hire, the employer
or other person for whom the work was prepared.
2) The copyright claimant - 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.
3) The owner of exclusive right(s) - Under the law, any of the exclusive rights that 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.
4) The duly authorized agent - Any person
authorized to act on behalf of the author, other copyright claimant, or owner of exclusive rights may apply for
registration.
For Further Information
Information via the Internet: Circulars,
announcements, regulations, other related materials, and all copyright application forms are available from the
Copyright Office Website
Information by fax: Circulars and other information (but not application forms) are available from Fax-on-Demand
at (202) 707-2600.
Information by telephone: For general
information about copyright, call the Copyright Public Information Office at (202) 707-3000. The TTY number is (202) 707-6737.
Information specialists are on duty from 8:30 a. m. to 5:00 p. m. Monday through Friday, eastern time, except federal holidays. Recorded information is
available 24 hours a day. Or, if you know which application forms and circulars you want, request them from the Forms and
Publications Hotline at (202) 707-9100 24 hours a day. Leave a recorded message.
The following are not protected by copyright:
1) Works that are not in a tangible form (notated or recorded).
2) Titles, names, phrases, slogans, familiar symbols or designs, or mere listings of ingredients or
contents.
The use of a copyright notice is no longer
required under United States law (Berne Convention March 1, 1989). It is often beneficial, however, because it informs the
public that the work is protected by copyright, it identifies the copyright owner, and shows the year of first
publication.
On Copyrights
U.S. Copyright Act
US Library of Congress Copyright Office
Canadian Copyright Center - Strategis (Industry Canada)
Australian Copyright Information
10 Big Myths About Copyright Explained
About TERLA–The Electronic Rights Licensing Agency
The Copyright
Office offers introductory answers to frequently asked questions about copyright, registration, and services of the Office.
Click on a subject heading below to view questions and answers relating to your selection. Links throughout the answers will
guide you to further information on our website or from other sources. Should you have any further questions, please consult
our Contact Us page.
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