- •Preface
- •How to Use This Material
- •Lesson 1 : What Is a Copyright?
- •For More Information
- •Lesson 2: What Are the Rights of a Copyright Owner?
- •Question 1
- •Question 2
- •Question 3
- •Question 1
- •Question 2
- •Lesson 3: Who Owns a Copyright?
- •Question 3
- •Question 4
- •Lesson 4: How Long Does a Copyright Last?
- •Question 2
- •Registration
- •Question 3
- •Question 4
- •Question 5
- •For More Information
- •Lesson 7: Fair Use and Public Domain Understanding Fair Use
- •Applying Fair Use Doctrine
- •Examples of Fair Use
- •Examples That Are Not Fair Use
- •Understand Public Domain
- •Avoid Copyright Infringement
- •Get Permission to Use Copyright-Protected Material
- •For More Information
- •Lesson 8: What Is a Trademark? Trademarks
- •Service Marks
- •Collective Marks
- •Certification Marks
- •Lesson 9: How to Select a Protectable Trademark
- •Requirements of Distinctiveness
- •How to choose a mark
- •Confusing Similarity to Another Mark
- •Distinguishing Goods and Services
- •Lesson 10: How to Protect Your Trademark
- •Use the Mark
- •Use the Trademark Symbol
- •Avoid Generic Use
- •Monitor the Trademark
- •Take Legal Action
- •Register the Mark
- •Renew the Trademark
- •For More Information
- •Lesson 11: How to Register Your Trademark
- •Make an Initial Determination of Classification
- •Do a Thorough Search
- •Analyze the Report
- •Select the Proper Application Form
- •Submit Specimens
- •Check Status of Application
- •Information Required for the Trademark Application
- •A Few Final Notes Regarding Registration
- •For More Information
- •Resources Copyrights and Licenses
- •Public Domain Resources
- •U.S. Government Websites
- •Appendix: Sample Forms, Contracts, and Letters
- •Sample Assignment of Copyright Agreement
- •Sample Work-Made-for-Hire Agreement
- •Form tx
- •Sample Cover Letter to the Registrar of Copyrights
- •Sample Permission Request Letter
- •Sample Cease-and-Desist Letter for Copyright/Trademark Infringement
- •About the Author
Sample Work-Made-for-Hire Agreement
Note: A Work-Made-for-Hire agreement is used when you enter into a relationship with an independent contractor to create a product, such as a video, CD product, your website, or to take your photo. This allows you to retain all rights in the product you pay for. It must be signed by you and the person who creates the work or who employs the person who creates the work. This is a sample and must be customized to your particular needs. When using any contract template, it is advisable to have an expert review it.
TO: [name of person who is creating the work of art, for example, website, graphics, and photos] (the "Contractor").
[company name or individual person who is hiring the independent contractor to create the work of art or authorship] (the "Client").
Description of work: _____________ (hereinafter known as the "Work").
Due date: ______________ (hereinafter known as the "Due Date").
Fee: $____________ (hereinafter known as the "Fee").
Contractor agrees to create a work of art based on the specific specifications set forth by Client. The Client agrees to pay the Contractor the Fee upon Client's acceptance of the Work.
It is hereby understood and agreed that this is a work-made-for-hire relationship and that the Client, not Contractor, owns all the rights to title and interest in the Work, including but not limited to content, graphics and other visuals, music, photos, design elements, source code, final product, and any other work that has gone into the creation of and the desired use of the Work.
Contractor warrants that the Work will be an original work that has not been in the public domain or previously created, and that the Work will be free of any unauthorized extractions from other sources.
Client agrees to grant to Contractor a limited license to use the Work in sales and marketing presentations to show to potential clients.
I agree to perform the work listed above, and I accept the terms of this agreement as stated above.
Signature______________ SN or Federal Tax ID #________________ (Vendor) (Required by IRS)
Form tx
The following is an example of Form TX for a copyright application for a published or unpublished nondramatic work. For up-to-date forms, instructions, and fee schedules, go to www.copyright.gov/forms/.
Sample Cover Letter to the Registrar of Copyrights
Note: Attach this cover letter to your copyright registration application package. It allows the Registrar of Copyrights to easily identify whether you have all the required materials.
Date
Library of Congress Copyright Office—Registrar of Copyrights 101 Independence Avenue, SE Washington, DC 20559-6000
Dear Registrar of Copyrights:
I am submitting the enclosed application for registration of a copyright. The deposited materials are my original work of art or authorship and as you can see it is in a tangible form. Enclosed please find the following for your review:
This cover letter addressed to the Registrar of Copyrights.
A correct and properly completed application form [specify which form].
A nonrefundable filing fee of $45 in U.S. currency.
A stamped, self-addressed postcard addressed to me, demonstrating receipt of my materials by you.
One [or two] copy [verify how many you'll need to send] of a nonrefundable deposit of my work.
Thank you.
Sincerely,
_________________________
