Question 4

I’m a fiction writer in search of a publisher. Should I register my completed manuscript even before I find an agent or a publisher? What about my nonfiction book proposal, should I register it before I secure an agent or publisher?

 

Answer

An issue that often arises among writers who have not yet been published, but who have a completed (or semi-completed) manuscript or a book proposal, is whether to register their unpublished material. The answer is an unequivocal yes. Prior to sending out any original work that you’ve reduced to a tangible form to an agent, editor, publisher, producer, potential investor, or even reviewer, register it and place the copyright notice symbol on it. Because the work is not yet published, in place of the date of publication include the date of creation. Once your work gets published, change the notice to include date of first publication. Likewise, if you have a new speech, it’s a smart idea to tape it and register it. If you have new photos that you took or a sculpture you created, before sending them off to a gallery or displaying them in any way, photograph and register them.

Question 5

What steps are involved in registering my copyrights with the U.S. Copyright Office? How much does it cost? How long does it take?

 

Answer

The steps involved in registering your copyright are as follows:

1. Select the proper form (see appendixes of this book and the accompanying CD for samples of the following forms):

a. Use the TX form to register literary works, such as a book, an article, or software.

b. Use the SR form to register a sound recording, such as a music CD or a speech.

c. Use the VA form to register visual art, such as pictorial, graphic, sculptural, and architectural works.

d. Use the PA form to register performance art, such as musical, dramatic, pantomime, and choreographic works.

e. Use the SE form to register a series, such as weekly or monthly newsletters, magazines, or e-zines.

2. Complete and sign the correct application form.

3. Send the following materials to the U.S. Copyright Office:

a. a properly completed and signed application form (that is, TX, SR, VA, PA, SE)

b. a nonrefundable filing fee of $45 (filing fees change, so check www.loc.gov/copyright periodically)

c. a cover letter addressed to the Registrar of Copyrights (see appendixes of this book and accompanying CD for a sample letter)

d. a stamped, self-addressed postcard

e. a nonrefundable deposit of the work (see U.S. Copyright Information Circular 1 on the companion CD).

 

You’d send all of that material to:

 

Library of Congress

Copyright Office

Registrar of Copyrights

101 Independence Avenue, SE

Washington, DC 20559-6000

 

For More Information

Updated information, FAQs, downloadable forms with instructions, and a current fee schedule can be found at www.loc.gov/copyright.

 

So let’s go through the form to help you better understand what’s being asked on the copyright registration form (see sample TX form in the Appendix).

1. Title of the work of art or authorship. In some cases it will be a working title. Is the work part of a collective body of work, such as a periodical, a series, or collection? If so, you’re asked to provide information about the collective work.

2. Name of the copyright holder, nationality, or domicile. Birth date (if applicable) and date of death (if applicable). Is the work a work made for hire? What is the nature of authorship, for example, is the work to be copyrighted text or graphics? Is it the first three chapters, or is it the entire book? If there is more than one author, this section must be filled out specifying each author or copyright holder.

3. When was the work created? When was it first published?

4. Who is claiming the copyright? In most cases, it will be the copyright holder, but not always. And if the claimant is different from the original creator of the work, you must let the U.S. Copyright Office know what happened—how you obtained ownership.

5. Has the work or any part of it been previously registered?

6. Is it a derivative work of art?

7. Name and address of the person to be in communication with the U.S. Copyright Office in the event a problem arises and additional information is needed.

8. This is where you certify under oath that you are who you claim to be, either the copyright owner, claimant, transferee, authorized agent, or owner of rights.

 

Your Copyright Workshop Complete the following to-do list.   To-do list   Have you affixed the copyright notice symbol to your work (either the © or ® )?   Have you downloaded the proper form for registration (for example, TX, SR, VA, PA, SE)?   Have you filled out the form correctly?   Did you sign the completed application form?   Have you included your check for $45 for each registration form?   Did you include a stamped, self-addressed postcard with your registration form?   Did you include either one or two copies of your work as the deposit requirement?

 

If you have done all of the above, you are ready to send all items (in the same envelope) to the U.S. Copyright Office. Good luck!

Lesson 6: Copyright Infringement

What is infringement? Infringement is theft. It’s stealing. It’s the use of someone’s copyright-protected material without permission, without a valid license, or without that use falling within a permitted use (for example, fair use privilege or public domain). Such use includes reproducing, displaying, or distributing a copyrighted work. (See Lesson 7 for more information on fair use and public domain.)

Here are a few examples of infringing behaviors:

• photocopying material, such as books, magazines, newsletters, e-zines, articles, and CDs

• using quoted material

• reproducing testimonial letters

• using clips from videos or movies

• downloading music from the Internet

• copying text and graphics from the Internet

• performing someone else’s material

• going beyond the scope of a license.

 

Let’s look at how infringement might show up in the real world (see Table 7).

Often the law hinges on the definition of one word or its interpretation. The law and its interpretation is fact specific, and sometimes an answer can totally change depending on the addition, deletion, or modification of specific facts. Therefore, my explanations are based on general principles of law. To determine answers to your specific set of facts, contact a copyright or trademark expert in your area.

 

Table 7. Real-world copyright infringement.

 

Behavior	Copyright infringement or not?
1. You saw a great cartoon in Fast Company that’s precisely on the point you’d like to make in your next presentation. Do you need permission to copy that cartoon and convert it into an overhead just once?	1. Yes, because you made a copy of the cartoon, which was a protected work of art. It’s irrelevant that you made only one copy; it’s still infringement. You made the copy and converted it to an overhead for a presentation, without permission of the copyright holder. Infringement is when you use someone’s copyright-protected work without permission, without a valid license, or without it falling within the fair use privilege.
2. Could you be liable if you sing karaoke in a bar? Could the bar?	2. Yes, both you and the bar owner could possibly be liable—you for violation of the copyright holder’s performance rights, and the bar owner as a third-party infringer, who knew about the infringement (or should have known) and in some way contributed to it, or had the right and ability to supervise what was going on in the bar and benefited in some way from the infringing behavior.
3. You have displayed a miniature version of someone’s homepage within the body of your website in an effort to make a point and strengthen your credibility. Have you violated anyone’s rights?	3. Possibly. If the web site's homepage is an original work of art or authorship (presumably it is) , when you make a copy or reproduce that work of art with out permission or a license, you infringe the copyright holder's rights. It's irrelevant that it's a miniature version of the homepage. You could also beliable for trademark infringement, if there is a protectable trademark located on the homepage.
4. Your friend sent you a scanned copy of an article he took from Fortune magazine. You read it and delete it. Have you infringed anyone’s rights?	4. No, because you simply read it and deleted it. No copy was made; therefore, no copyright infringement.
5. You electronically receive a link to a Newsweek article from a friend. It’s a great article, so you cut and paste the full version and forward it to six of your friends and colleagues. Have you done anything wrong? What if you forwarded the link instead of the cut-and-pasted version of the article?	5. Quite possibly you’ve infringed someone’s rights, because in this case you forwarded the article to six people. For the purposes of the law, forwarding is tantamount to reproducing and distributing. Had you forwarded the link there would have been no infringement.
6. You see a segment on 60 Minutes that would be a nice addition to a training presentation you’ve put together. You order and receive a copy of the segment from CBS. Can you legally show it during your presentation?	6. Possibly. If you told 60 Minutes (in writing) that you wanted to use the video for your business presentation, and the copyright owner specifically gave you permission for that purpose, then the answer is yes. However, if the copyright owner assumed your use of the video was for a personal, not commercial use, you’ve likely gone beyond the scope of the license agreement you have with 60 Minutes.
7. You purchase the latest version of Microsoft Office Suite. Your associate can’t afford the cost, so you allow him to copy yours. Has a violation occurred? If so, by whom?	7. Yes. You the purchaser or owner of the software went beyond the scope of your license agreement with Microsoft. Therefore, you infringed the copyright. Your associate infringed Microsoft’s copyright because he reproduced your copy and you because you let him.
8. Your assistant downloaded a 10-page position paper from the Internet, which was written by someone else. She reproduced the position paper and included it as part of the handout to be distributed to every member in your audience at an upcoming event. She did not have permission from the copyright owner to copy the position paper. Is anyone liable for copyright infringement? If so, who?	8. Yes. Your assistant is likely liable for copyright infringement because she actually created the copies. You could possibly be liable as a third-party infringer, even if you didn’t do the actual copying. Third-party infringement shows up in two ways. First, if you knew (or should have known) about the infringing activity, and you in any way induced, caused, or materially contributed (substantially participated) in the infringing conduct of your assistant. This is called Contributory Infringement. Or second, if you have the right and the ability to supervise the infringing activity, and you derived a direct financial benefit from the activity. This is called Vicarious Infringement. In this case, an argument can be made that you had the right and the ability to supervise your assistant’s activities, and you derived a direct financial benefit. If that’s proven, you could be liable for copyright infringement.
9. Your client is pleased with your work and sends you a lovely testimonial letter. You post it on your website and include it in your other marketing materials. Have you done anything wrong?	9. Yes. Unless there was a release statement in the testimonial letter, whereby your client gave you permission to reproduce the letter, stating you were free to use the letter in any way, such as in your marketing materials, your reproduction of the client’s testimonial (original work of authorship reduced to a tangible form) is copyright infringement.