Preface xii
Chapter 1 Copyrights and Intellectual Property
Introduction to Copyright: Stephen King 1
Intellectual Property Law 2
Overlapping Intellectual Property Rights 6
For More Information 8
Chapter 2 Sources of Copyright Law
Federal Copyright Statutes 11
The Federal Courts 13
The Copyright Office 14
For More Information 15
Chapter 3 What Is Protectible Under Copyright Law?
Introduction 16
The Eight Categories of Works of Authorship 19
Chapter 4 Derivatives and Compilations
Introduction 26
Derivative Works 26
Compilations and Collective Works 30
Collective Works 32
Chapter 5 What Is Not Protectible Under Copyright Law?
Introduction 34
The Public Domain 38
Chapter 6 The Bundle of Rights
Grant of Exclusive Rights 41
Right to Reproduce the Work 42
Right to Distribute the Work to the Public 42
Right to Adapt the Work: Right to Prepare Derivative Works 42
Right of Public Performance 43
Right to Display the Work 44
Chapter 7 The Rights of the Public: First Sale and Fair Use
The First Sale Doctrine 46
Fair Use 47
Parody as Fair Use 54
Educational and Library Fair Use Issues 57
For More Information 58
Chapter 8 Educational and Library Uses
Educational Fair Use Guidelines 59
Rights of Libraries and Archives to Reproduce Copies 62
For More Information 65
Chapter 9 Artwork
Copyright and Works of Visual Art: Moral Rights 66
Limitations for Pictorial, Graphic, and Sculptural Works 70
Chapter 10 Musical Works and Sound Recordings
Introduction 73
Songs: The Rights of Composers and Music Publishers 73
Musicians and Recording Companies 78
Limitations on Musical Works and Sound Recordings 80
For More Information 83
Chapter 11 Computers and the Internet
Software Protection 84
The Internet: New Issues for Copyright Protection 90
Semiconductor Chip Protection 92
Chapter 12 Authorship and Ownership of Copyright
Introduction 93
Joint Authorship and Co-Ownership 94
Ownership of Copyright in Collective Works 97
Chapter 13 Works Made for Hire
What Is a Work Made for Hire? 100
Works Prepared by an Employee Within the Scope of Employment 101
Commissioned Works 105
Checklist for Determining If a Work Is Made for Hire Under Copyright Act of 1976 107
Works Made for Hire Under the 1909 Act 108
Chapter 14 Duration of Copyright
The Copyright Act of 1909 110
The Copyright Act of 1976 113
Chapter 15 Transfer of Copyright
Licenses and Assignments 116
Mortgages and Security Interests 118
Transfers Other Than by Written Agreement 120
Recording Copyright Transfers 121
Terminating Transfers 123
Terminating Grants Made Prior to 1978 126
Chapter 16 Copyright Research
Obtaining Information from the Copyright Office 130
Researching Copyright Status 131
Obtaining Copies of Copyright Office Records 135
Licensing Division 137
Chapter 17 Copyright Notice
Notice of Copyright 138
Form of Copyright Notice 139
Placement of Copyright Notice 144
Omission of Copyright Notice 145
What to Do When an Omission of Copyright Notice Is Discovered 148
Chapter 18 Registration and Choosing Correct Application
The Registration Process 150
Reasons to Apply for Registration 151
Registration Is Not Mandatory for Copyright Protection 153
Copyright Application Forms 154
Obtaining Copyright Application Forms 156
Choosing the Correct Application Form 157
For More Information 164
Chapter 19 Preparing the Copyright Application
Introduction 165
Space 1 Title and Nature of the Work 165
Space 2 The Author 167
Space 3 Creation and Publication 170
Space 4 The Copyright Claimant 172
Space 5 Previous Registration 173
Space 6 Derivative Work or Compilation 174
Space 7 Deposit Accounts and Correspondence 176
Space 8 Certification 176
Space 9 Mailing Information 177
The Fee 177
When Will the Copyright Office Accept Electronic Registrations? 178
For More Information 178
Chapter 20 Deposit Materials
Introduction 179
Multimedia and Mixed Works 180
Computer Programs 181
Automated Databases 182
Sound Recordings 184
Motion Pictures 184
Architecture 185
Chapter 21 Processing, Correcting, and Canceling Registrations
Mailing the Application and Deposit Materials 186
Expediting Registration 186
Receipt by the Copyright Office: The Effective Date 187
Resolving Issues with the Copyright Office 188
Form CA: Correcting or Supplementing the Copyright Registration 189
Cancellation of Completed Registrations 190
Deposit Accounts 191
Chapter 22 Copyright Infringement
Elements of Infringement 193
Access 194
Substantial Similarity 196
Liability for Infringement 200
Can Authors Infringe Their Own Work? 203
For More Information 204
Chapter 23 Defenses to Infringement
Plaintiff Is Not the Owner of Rights 205
Work Is Not Copyrightable 206
Plaintiff Did Not Comply with Copyright Rules 206
Defendant Independently Created the Work 206
Defendant Did Not Have Access to the Plaintiff's Work 206
Similarities Between the Two Works Are Not Substantial 207
The Copying Is a Fair Use 207
The Copying Is De Minimis 207
Defendant Was Authorized to Use the Work 207
The Use Is Permitted Under the Merger Doctrine 207
Plaintiff Is Estopped from Suing the Defendant 208
Plaintiff Has Done Something Wrong 208
Plaintiff Waited Too Long to Bring the Suit 209
Defendant Believes That the Author Has Been Dead More Than Seventy Years 210
Chapter 24 Remedies for Copyright Infringement
Introduction 212
Injunctions 212
Writ of Seizure 213
Damages 214
Impoundment and Destruction of Infringing Articles 218
Attorney Fees and Costs 219
Criminal Prosecution 219
Chapter 25 Resolving a Copyright Dispute Without Litigation
The Cease and Desist Letter 221
Drafting the Cease and Desist Letter 222
Considerations When Sending a Cease and Desist Letter 225
After the Cease and Desist Letter 226
Alternative Dispute Resolution 227
Chapter 26 Litigation
Plaintiff's Prefiling Checklist 230
Filing the Complaint 235
Serving the Defendant 235
Drafting the Complaint 235
Defendant's Prefiling Checklist 239
Discovery 242
Motions 242
Expert Witness 243
Trial 243
Appeal 243
Chapter 27 International Copyright
Where Can a United States Copyright Owner Sue Foreign Infringers? 245
International Copyright Treaties 245
For More Information 248
Appendix A Copyright Resources 249
Appendix B Glossary of Terms 252
Appendix C Copyright Office Circulars and Form Letters 262
Appendix D Copyright Forms 264
Appendix E Copyright Agreements 309
Appendix F Sample Compliant and Settlement Agreement 320
Appendix G Copyright Fees 326
Appendix H International Copyright 327
Index 335