Copyright FAQCopyright FAQ

Part 2Part 2

Can foreigners register Can foreigners register their works in the U.S.?their works in the U.S.?

Any work that is protected by U.S. Any work that is protected by U.S. copyright law can be registered. copyright law can be registered. This includes many works of This includes many works of foreign origin. foreign origin. All works that are All works that are unpublished,unpublished, regardless of the regardless of the nationality of the author, are nationality of the author, are protected in the United States.protected in the United States.

Who is an author?Who is an author?

An author is the An author is the creatorcreator of the of the original expression in a work. The original expression in a work. The author is also the owner of author is also the owner of copyright unless there is a written copyright unless there is a written agreement by which the author agreement by which the author assigns the copyright to another assigns the copyright to another person or entity, such as a person or entity, such as a publisher.publisher.

What is a work made What is a work made for hire?for hire?

A work made for hireA work made for hire is prepared by an is prepared by an employee within the scope of his or her employee within the scope of his or her employment, or a work specially employment, or a work specially ordered or commissioned in certain ordered or commissioned in certain specified circumstances. When a work specified circumstances. When a work qualifies as a work made for hire, the qualifies as a work made for hire, the employer employer or or commissioning partycommissioning party is is considered to be the considered to be the author.author.

Can a minor claim Can a minor claim copyright?copyright?

Yes,Yes, minors may claim copyright, minors may claim copyright, and the Copyright Office does issue and the Copyright Office does issue registrations to minors. However, registrations to minors. However, state laws may regulate the business state laws may regulate the business dealings involving copyrights owned dealings involving copyrights owned by minors.by minors.

Do I have to use my real Do I have to use my real name on the application name on the application form? Can I use a stage form? Can I use a stage name or a pen name?name or a pen name?

There is no legal requirement that There is no legal requirement that the author be identified by his or her the author be identified by his or her real name on the form. The author real name on the form. The author may use a may use a fictitious name or remain fictitious name or remain anonymous.anonymous.

What is publication?What is publication?

PublicationPublication is the is the distributiondistribution of of copiescopies or or phonorecords phonorecords of a work of a work to the public by sale or other transfer to the public by sale or other transfer of ownership, or by rental, lease, or of ownership, or by rental, lease, or lending. A lending. A public performancepublic performance or or display of a work display of a work does notdoes not of itself of itself constitute publication.constitute publication.

Does my work have to be Does my work have to be published to be published to be

protected?protected?

Publication is Publication is notnot necessary for necessary for copyright protection.copyright protection.

How do I get my work How do I get my work published?published?

Publication occurs at the discretion Publication occurs at the discretion and and initiative initiative of the copyright of the copyright owner. The Copyright Office has no owner. The Copyright Office has no role in the publication process.role in the publication process.

Are copyrights Are copyrights transferable?transferable?

Yes.Yes. Like any other property, all or Like any other property, all or part of the rights in a work may be part of the rights in a work may be transferred by the owner to transferred by the owner to another.another.

Do you have any forms for Do you have any forms for transfer of copyrights?transfer of copyrights?

The office The office doesdoes keep records of keep records of transfers if they are submitted to transfers if they are submitted to us. If you have executed a transfer us. If you have executed a transfer and wish to record it, the Copyright and wish to record it, the Copyright Office can provide a Office can provide a Document Document Cover SheetCover Sheet..

Can I copyright the Can I copyright the name of my band?name of my band?

No.No. Names are not protected by Names are not protected by copyright law. Some names may be copyright law. Some names may be protected under trademark law by protected under trademark law by the U.S. Patent & Trademark Office.the U.S. Patent & Trademark Office.

How do I copyright a name, How do I copyright a name, title, slogan, or logo?title, slogan, or logo?

Sorry, copyright Sorry, copyright does notdoes not protect protect names,names, titles, slogans, or short titles, slogans, or short phrasesphrases..

How do I protect my How do I protect my idea?idea?

Copyright Copyright does notdoes not protect protect ideas,ideas, concepts, systems, or methods of concepts, systems, or methods of doingdoing somethingsomething..

How long does copyright How long does copyright last?last?

Copyrights last the life of the Copyrights last the life of the last remaining author plus 70 last remaining author plus 70 years.years. The Sonny Bono Copyright The Sonny Bono Copyright Term Extension Act, signed on Term Extension Act, signed on October 27, 1998, amends the October 27, 1998, amends the provisions concerning duration of provisions concerning duration of copyright protection.copyright protection.

How much do I have to How much do I have to change in my own work to change in my own work to

make a new claim of make a new claim of copyright?copyright?

You may make a new claim in your You may make a new claim in your work if the changes are work if the changes are substantial substantial and creativeand creative – something more – something more than just editorial changes or minor than just editorial changes or minor changes. This would qualify as a changes. This would qualify as a new new derivative workderivative work..

What is an ISBN What is an ISBN number?number?

The International Standard Book The International Standard Book NumberNumber (ISBN) is a numerical (ISBN) is a numerical identifier intended to assist the identifier intended to assist the international community in international community in identifying and ordering certain identifying and ordering certain publications.publications.

What is a copyright What is a copyright notice?notice?

A copyright notice is an identifier A copyright notice is an identifier placed on copies of the work to placed on copies of the work to inform the world of copyright inform the world of copyright ownership.ownership.

EXAMPLE: Joe Smith © 2005EXAMPLE: Joe Smith © 2005

How do I collect How do I collect royalties?royalties?

The The collection of royaltiescollection of royalties is usually a is usually a matter of private arrangements matter of private arrangements between between an author andan author and publisher.publisher.

The Copyright Office plays no role in the The Copyright Office plays no role in the execution of contractual terms or business execution of contractual terms or business practices. There are copyright licensing practices. There are copyright licensing organizations and publications rights organizations and publications rights clearinghouses that distribute royalties for clearinghouses that distribute royalties for members.members.

Somebody infringed my Somebody infringed my copyright. What can I do?copyright. What can I do?

If you believe that your copyright has If you believe that your copyright has been infringed, consult an been infringed, consult an entertainmententertainment attorneyattorney..

Is my copyright good in Is my copyright good in other countries?other countries?

The United States has copyright The United States has copyright relations with more than relations with more than 100 100 countriescountries throughout the world and throughout the world and we honor each other’s citizens’ we honor each other’s citizens’ copyrights.copyrights.

Could I be sued for using Could I be sued for using somebody else’s work? somebody else’s work?

How about quotes or How about quotes or samples?samples?

If you use a copyrighted work without If you use a copyrighted work without authorization, the owner may be authorization, the owner may be entitled to bring an entitled to bring an infringementinfringement action against you. There are action against you. There are circumstances under the circumstances under the fair use fair use doctrinedoctrine where a quote or a sample where a quote or a sample may be used without permission.may be used without permission.

BASICS – THE END !BASICS – THE END !