/*Home Legal Encyclopedia Commentary: The nice folk at the

Copyright Office have prepared a whole series of educational

releases containing the "gospel according to the copyright

office" on the copyright law. Please note that some of the

material has been outdated by the Berne Convention, and we place

comments at those points illustrating the changes. However, this

circular is correct for all works published prior to 3/1/89. */

Circular 1: Copyright Basics

On January 1, 1978, the Copyright Act of 1976 (title 17 of

the United States Code) came into effect. This general revision

of the copyright law of the United States, the first such

revision since 1909, made important changes in our copyright

system and superseded the previous Federal copyright statute.

WHAT COPYRIGHT IS

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" including literary, dramatic,

musical, artistic, and certain other intellectual works. This

protection is available to both published and unpublished works.

Section 106 of the Copyright Act generally gives the owner of

copyright the exclusive right to do and to authorize others to do

the following:

- To reproduce the copyrighted work in copies or phonorecords;

- To prepare derivative work based upon the copyrighted work;

- To distribute copies or phonorecords of the copyrighted work

to the public by sales or other transfer of ownership, or by

rental, lease, or lending;

- To perform the copyrighted work publicly, in the case of

literary, musical, dramatic, and choreographic works,

pantomimes, and motion picture and other audiovisual works

and

- To display the copyrighted work publicly, in the case of

literary, musical, dramatic, and choreographic works,

pantomimes, and pictorial, graphic, or sculptural works,

including the individual images of a motion picture or

other audiovisual work.

It is illegal for anyone to violate any of the rights

provided to the owner of copyright by the Act. These rights,

however, are not unlimited in scope. Sections 107 through 118 of

the Copyright Act establish limitations on these rights. In some

cases, these limitations are specified exemptions from copyright

liability. One major limitation is the doctrine of "fair use,"

which is given a statutory basis by section 107 of the Act. In

other instances, the limitation takes the form of a "compulsory

license" under which certain limited uses of copyrighted works

are permitted upon payment of specified royalties and compliance

with statutory conditions. For further information about

limitations of any of these rights, consult the Copyright Act or

write to the Copyright Office.

WHO CAN CLAIM COPYRIGHT

Copyright protection subsists from the time the work is

created in fixed form; that is, it is an incident of the process

of authorship. The copyright in the work of authorship

immediately becomes the property of the author who created it.

Only the author or those deriving their rights through the author

can rightfully claim copyright.

In the case of works made for hire, the employer and not the

employee is presumptively considered the author. Section 101 of

the copyright statute defines a "work made for hire" as:

1. a work prepared by an employee within the scope of his or

her employment; or

2. a work specially ordered or commissioned for use as a

contribution to a collective work, as a part of a motion

picture or other audiovisual work, as a translation, as a

supplementary work, as a compilation, as an instructional

text, as a test, as answer material for a test, or as an

atlas, if the parties expressly agree in a written

instrument signed by them that the work shall be

considered a work made for hire . . . .

/* An independent contractor is not an employee, and thus owns

the copyright, unless there is a contractual assignment. */

The authors of a joint work are co-owners of the copyright

in the work, unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or

other collective work is distinct from copyright in the

collective work as a whole and vests initially with the author of

the contribution.

Two General Principles

Mere ownership of a book, manuscript, painting, or any other

copy or phonorecord does not give the possessor the copyright.

The law provides that transfer of ownership of any

material object that embodies a protected work does not

of itself convey any rights in the copyright.

- Minors may claim copyright, but state laws may regulate the

business dealings involving copyrights owned by minors.

For information on relevant state laws, consult an attorney.

COPYRIGHT AND NATIONAL ORIGIN OF THE WORK

Copyright protection is available for all unpublished works,

regardless of the nationality or domicile of the author.

Published works are eligible for copyright protection in the

United States if any one of the following conditions is met:

- On the date of the first publication, one or more of the

authors is a national or domiciliary of the United States

or is a national, domiciliary, or sovereign authority of

a foreign nation that is a party to a copyright treaty to

which the United States is also a party, or is a stateless

person wherever that person may be domiciled; or

- The work is first published in the United States or in a

foreign nation that, on the date of first publication, is

a party to the Universal Copyright Convention; or the work

comes within the scope of a Presidential proclamation.

/* As noted earlier, the Berne Convention became effective

in the U.S. on March 1, 1989, so, works published in the U.S.

are also protected under the Berne Convention.*/

THE MANUFACTURING CLAUSE

The manufacturing clause in the copyright law, section 601

of the 1976 Copyright Act (title 17, U.S. Code), expired July 1,

1986.

WHAT WORKS ARE PROTECTED

Copyright protection exists for "original works of

authorship" when they become fixed in a tangible form of

expression. The fixation does not need to be directly

perceptible, so long as it may be communicated with the aid of a

machine or device. Copyrightable works include the following

categories:

1. literary works;

2. musical works, including any accompanying words;

3. dramatic works, including any accompanying music;

4. pantomimes and choreographic works;

5. pictorial, graphic, and sculptural works;

6. motion pictures and other audiovisual works; and

7. sound recordings.

This list is illustrative and is not meant to exhaust the

categories of copyrightable works. These categories should be

viewed quite broadly: for example, computer programs and most

"compilations" are registrable as "literary works"; maps and

architectural blueprints are registrable as "pictorial, graphic,

and sculptural works."

WHAT IS NOT PROTECTED BY COPYRIGHT

Several categories of material are generally not eligible

for statutory copyright protection. These include among others:

- Works that have not been fixed in a tangible form of

expression. For example, choreographic works which have not been

notated or recorded, or improvisational speeches or performances

that have not been written or recorded.

- Titles, names, short phrases, and slogans; familiar symbols

or designs; mere variations of typographic ornamentation,

lettering, or coloring; mere listings of ingredients or contents.

/* Many of these items can be trademarks though.*/

- Ideas, procedures, methods, systems, processes, concepts,

principles, discoveries, or devices, as distinguished from a

description, explanation, or illustration.

Works consisting entirely of information that is common

property and containing no original authorship. For example,

standard calendars, height and weight charts, tape measures and

rules, and lists or tables taken from public documents or other

common sources.

HOW TO SECURE A COPYRIGHT

Copyright Secured Automatically Upon Creation

The way in which copyright protection is secured under the

present law is frequently misunderstood. No publication or

registration or other action in the Copyright Office is required

to secure copyright (see NOTE below). There are, however,

certain definite advantages to registration (see below).

Under the present law, copyright is secured automatically

when the work is created, and a work is "created" when it is

fixed in a copy or phonorecord for the first time. In general,

"copies" are material objects from which a work can be read or

visually perceived either directly or with the aid of a machine

or device, such as books, manuscripts, sheet music, film,

videotape, or microfilm. "Phonorecords" are material objects

embodying fixations of sounds (excluding, by statutory

definition, motion picture soundtracks), such as audio tapes and

phonograph disks. Thus, for example, a song (the "work") can be

fixed in sheet music ("copies") or in phonograph disks

("phonorecords"), or both.

If a work is prepared over a period of time, the part of the

work existing in fixed form on a particular date constitutes the

created work as of that date.

PUBLICATION

Publication is no longer the key to obtaining statutory

copyright as it was under the Copyright Act of 1909. However,

publication remains important to copyright owners.

The Copyright Act defines publication as follows:

"Publication" is the distribution of copies or phonorecords

of a work to the public by sales or other transfer of ownership,

or by rental, lease, or lending. The offering to distribute

copies or phonorecords to a group of persons for purposes of

further distribution, public performance, or public display,

constitutes publication. A public performance or display of a

work does not of itself constitute publication.

NOTE: Before 1978, statutory copyright was generally secured by

the act of publication with notice of copyright, assuming

compliance with all other relevant statutory conditions. Works

in the public domain on January 1, 1978 (for example, works

published without satisfying all conditions for securing

statutory copyright under the Copyright Act of 1909) remain in

the public domain on the current Act.

Statutory copyright could also be secured before 1978 by the

act of registration in the case of certain unpublished works and

work eligible for ad interim copyright. The current Act

automatically extends to full term (section 304 sets the term)

copyright for all works in which ad interim copyright was

subsisting or was capable of being secured on December 31, 1977.

A further discussion of the definition of "publication" can

be found in the legislative history of the Act. The legislative

reports define "to the public" as distribution to persons under

no explicit or implicit restrictions with respect to disclosure

of the contents. The reports state that the definition makes it

clear that the sale of phonorecords constitutes publication of

the underlying work, for example, the musical, dramatic, or

literary work embodied in a phonorecord. The reports also state

that it is clear that any form of dissemination in which the

material object does not change hands, for example, performances

or displays on television, is not a publication no matter how

many people are exposed to the work. However, when copies or

phonorecords are offered for sale or lease to a group of

wholesalers, broadcasters, or motion picture theaters,

publication does take place if the purpose is further

distribution, public performance, or public display.

Publication is an important concept in the copyright law

because upon publication, several significant consequences

follow. Among these are:

- When a work is published, all published copies should bear a

notice of copyright. (See discussion below of "notice of

copyright.")

- Works that are published with notice of copyright in the

United States are subject to mandatory deposit with the Library

of Congress. (See discussion on page 10 below on "mandatory

deposit.")

- Publication of a work can affect the limitations on the

exclusive rights of the copyright owner that are set forth in

sections 107 through 118 of the law.

- The year of publication is used in determining the duration

of copyright protection for anonymous and pseudonymous works

(when the author's identity is not revealed in the records of the

Copyright Office) and for works made for hire.

Deposit requirements for registration of published works

differ from those for registration of unpublished works. (See

discussion on page 9 below of "copyright registration" process.

NOTICE OF COPYRIGHT

When a work is published under the authority of the

copyright owner, a notice of copyright should be placed on all

publicly distributed copies and on all publicly distributed

phonorecords of sound recordings. This notice is required even

on works published outside the United States. Failure to comply

with the notice requirement can result in the loss of certain

additional rights otherwise available to the copyright owner.

/* Technically the Berne Convention has eliminated this

requirement, but, a person has a defense of innocent

infringement available to them if there is no notice. Ignore

the Berne Convention changes and act as if the old law was

in effect (the old law is what is described in this circular.)

PLEASE NOTE that as to works published before 3/1/89 this is

the correct law.*/

The use of the copyright notice is the responsibility of the

copyright owner and does not require advance permission from, or

registration with, the Copyright Office. As mentioned above, use

of the notice makes the published works subject to mandatory

deposit requirements. (See discussion on page 10 on "mandatory

deposit.")

Form of Notice for Visually Perceptible Copies

The notice for visually perceptible copies should contain

all of the following three elements:

1. The symbol C in a circle, or the word "Copyright" or the

abbreviation "Copr."; and

2. The year of first publication of the work. In the case of

compilations or derivative works incorporating previously

published material, the year date of first publication of

the compilation or derivative work is sufficient. The year

date may be omitted where a pictorial, graphic, or sculptural

work, with accompanying textual matter, if any, is

reproduced in or on greeting cards, postcards, stationery,

jewelry, dolls, toys or any useful article; and

3. The name of the owner of copyright in the work, or an

abbreviation by which the name can be recognized, or a

generally known alternative designation of the owner.

Example: Copyright 1987 John Doe

The "C in a circle" notice is required only on "visually

perceptible copies." Certain kinds of works - - for example,

musical, dramatic, and literary works - - may be fixed not in

"copies" but by means of sound in an audio recording. Since

audio recordings such as audio tapes and phonographs disks are

"phonorecords" and not "copies," there is no requirement that the

phonorecord bear a "C in a circle" notice to protect the

underlying musical, dramatic or literary work that is recorded.

Form of Notice for Phonorecords of Sound Recordings

The copyright notice for phonorecords of sounds recordings

has somewhat different requirements. The notice appearing on

phonorecords should contain the following three elements:

- The letter P in a circle; and

- The year of the first publication of the sound recording;

and

- The name of the owner of copyright in the sound recording,

or an abbreviation by which the name can be recognized, or a

generally known alternative designation of the owner. If the

producer of the sound recording is named on the phonorecord

labels or containers, and if no other name appears in conjunction

with the notice, the producer's name shall be considered as part

of the notice.

Example: P in a circle 1987 A.B.C., Inc.

NOTE: Because of problems that might result in some cases from

the use of variant forms of the notice, any form of the notice

other than these given here should not be used without first

seeking legal advice.

Position of Notice

The notice should be affixed to copies or phonorecords of

the work in such a manner and location as to "give reasonable

notice of the claim of copyright." The notice on phonorecords

may appear on the surface of the phonorecord or on the

phonorecord label or container, provided the manner of placement

and location gives reasonable notice of the claim. The three

elements of the notice should ordinarily appear together on the

copies or phonorecords. The Copyright Office has issued

regulations concerning the form and position of the copyright

notice in the Code of Federal Regulations (37 C.F.R. Part 201).

For more information, request Circular 3.

Publications Incorporating United States Government Works

Works by the United States Government are not subject to

copyright protection. Whenever a work is published in copies or

phonorecords consisting preponderantly of one or more works of

the United States Government, the notice of copyright shall also

include a statement that identifies one of the following: those

portions protected by the copyright law or those portions that

constitute United States Government material.

[Note 1]

/* The Berne Convention has again eliminated this requirement.

However, it is still advised by the Copyright office that

you follow this rule even on works published after 3/1/89.

If you haven't already noticed, whenever we reproduce government

works, we use this commenting system to differentiate our

copyrightable expression from the U.S. works.*/

Unpublished Works

The copyright notice is not required on unpublished works.

To avoid inadvertent publication without notice, however, it may

be advisable for the author or other owner of the copyright to

affix notices, or a statement such as Unpublished Works Copr.1987

John Doe, to any copies or phonorecords which leave his or her

control.

Effect of Omission of the Notice or of Error in the Name or Date

Unlike the law in effect before 1978, the new Copyright Act,

in sections 405 and 406, provides procedures for correcting

errors and omissions of the copyright notice on works published

on or after January 1, 1978.

In general, the omission or error does not automatically

invalidate the copyright in a work if registration for the work

has been made before or is made within 5 years after the

publication without notice, and a reasonable effort is made to

add the notice to all copies or phonorecords that are distributed

to the public in the United States after the omission has been

discovered.

HOW LONG COPYRIGHT PROTECTION ENDURES

Works Originally Copyrighted on or After January 1, 1978

A work that is created (fixed in tangible form for the first

time) on or after January 1, 1978, is automatically protected

from the moment of its creation, and is ordinarily given a term

enduring for the author's life, plus an additional 50 years after

the author's death. In the case of "a joint work prepared by two

or more authors who did not work for hire," the term lasts for 50

years after the last surviving author's death. For works made

for hire, and for anonymous and pseudonymous works (unless the

author's identity is revealed in Copyright Office records), the

duration of copyright will be 75 years from publication or 100

years from creation, whichever is shorter.

Works that were created before the present law came into

effect, but had neither been published nor registered for

copyright before January 1, 1978, have been automatically brought

under the statute and are now given Federal copyright protection.

The duration of copyright in these works will generally be

computed in the same way as for works created on or after January

1, 1978: the life-plus-50 or 75/100-year terms will apply to

them as well. However, all works in this category are guaranteed

at least 25 years of statutory protection.

Works Copyrighted Before January 1. 1978

Under the law in effect before 1978, copyright was secured

either on the date a work was published, or on the date of

registration if the work was registered in unpublished form. In

either case, the copyright endured for a first term of 28 years

from the date it was secured. During the last (28th) year of the

first term, the copyright was eligible for renewal. The new

copyright law has extended the renewal term from 28 to 47 years

for copyrights that were subsisting on January 1, 1978, making

these works eligible for a total term of protection of 75 years.

However, the copyright must be timely renewed to receive the 47-

year period of added protection. For more detailed information

on the copyright term, write to the Copyright Office and request

Circulars 15a and 15t. For information on how to search the

Copyright Office records concerning the copyright status of a

work, ask for Circular 22.

TRANSFER OF COPYRIGHT

Any or all of the exclusive rights, or any subdivision of

those rights, of the copyright owner 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.

/* OUCH! Every transaction regarding a copyright should be in

writing and signed!*/

A copyright may also be conveyed by operation of law and may

be bequeathed by will or pass as personal property by the

applicable laws of interstate succession.

Copyright is a personal property right, and it is subject to

the various state laws and regulations that govern the ownership,

inheritance, or transfer of personal property as well as terms of

contracts or conduct of business. For information about relevant

state laws, consult an attorney.

Transfer of copyright are normally made by contract. The

Copyright Office does not have or supply any forms for such

transfers. However, the law does provide for the recordation in

the Copyright Office of transfer of copyright ownership.

Although recordation is not required to make a valid transfer as

between the parties, it does provide certain legal advantages and

may be required to validate the transfer as against third

parties. For information on recordation of transfers and other

documents related to copyright, write to the Copyright Office for

Circular 12.

/* One of the best advantages to recording a transfer is that the

first to record wins against others. Always record changes in

copyright ownership.*/

TERMINATION OF TRANSFERS

Under the previous law, the copyright in a work generally

reverted to the author, if living, or if the author was not

living, to other specified beneficiaries, provided a renewal

claim was registered in the 28th year of the original term. The

present law drops the renewal feature except for the works al-

ready in the first term of statutory protection when the present

law took effect. Instead, the present law generally permits

termination of a grant of rights after 35 years under certain

conditions by serving written notice on the transferee within

specified time limits.

For works already under statutory copyright protection, the

present law provides a similar right to termination covering the

newly added years that extended the former maximum term of the

copyright from 56 to 75 years. For further information, write to

the Copyright Office for Circulars 15a and 15t.

INTERNATIONAL COPYRIGHT PROTECTION

There is no such thing as an "international copyright" that will

automatically protect an author's writings throughout the entire

world. Protection against unauthorized use in a particular

country depends, basically, on the national laws of that country.

However, most countries do offer protection to foreign works

under certain conditions, and these conditions have been greatly

simplified by international copyright treaties and conventions.

For a list of countries which maintain copyright relations with

the United States, write to the Copyright Office and ask for

Circular 38a.

The United States is a member of the Universal Copyright

Convention (the UCC), which came into force on September 16,

1955. Generally, a work by a national or domiciliary of a

country that is a member of the UCC or a work first published in

a UCC country may claim protection under the UCC. If the work

bears the notice of copyright in the form and position specified

by the UCC, this notice will satisfy and substitute for any other

formalities a UCC member country would otherwise impose as a

condition of copyright. A UCC notice should consist of the

symbol C (C surrounded by circle) accompanied by the name of the

copyright proprietor and the year of first publication of the

work.

An author who wishes protection for his or her work in a

particular country should first find out the extend of protection

of foreign works in that country. If possible, this should be

done before the work is published anywhere, since protection may

often depend on the facts existing at the time of first

publication.

If the country in which protection is sought is a party to

one of the international copyright conventions, the work may

generally be protected by complying with the conditions of the

convention. Even if the work cannot be brought under an

international convention, protection under specific provisions of

the country's national laws may still be possible. Some

countries, however, offer little or no copyright protection for

foreign works.

/* As the United States is now a member of the Berne convention,

your works are protected under the Berne convention if published

now. */

COPYRIGHT REGISTRATION

In general, copyright registration is a legal formality

intended to make a public record of the basic facts of a

particular copyright. However, except in two specific

situations, [Note 2] registration is not a condition of copyright

protection. Even though registration is not generally a

requirement of protection, the copyright law provides several

inducements or advantages to encourage copyright owners to make

registration. Among these advantages are the following:

- Registration establishes a public record of the copyright

claim;

- Registration is ordinarily necessary before any infringement

suits may be filed in court;

- If made before or within 5 years of publication,

registration will establish prima facie evidence in court of the

validity of the copyright and of the facts stated in the

certificate; and

- If registration is made within 3 months after publication

of the work or prior to an infringement of the work,

statutory damages and attorney's fees will be available

to the copyright owner in court actions. Otherwise, only

an award of actual damages and profits is available to

the copyright owner.

/* Read and heed. Register early. */

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 de-

sired).

A. To register a work, send the following three elements in

the same envelope or package to the Register of Copyrights,

Copyright Office, Library of Congress, Washington, D.C. 20559:

(see page 11 for what happens if the elements are sent separate-

ly.)

1. A properly completed application form;

2. A nonrefundable filing fee of $10 for each application;

3. A nonreturnable deposit of the work being registered. The

deposit requirements vary in particular situations. The general

requirements are as follows:

- If the work is unpublished, one complete copy or

phonorecord.

- If the work was first published in the United States on or

after January 1, 1978, two complete copies or phonorecords

of the best edition.

- If the work was first published in the United States before

January 1, 1978, two complete copies or phonorecords of

the work as first published.

- If the work was first published outside the United States,

whenever published, one complete copy or phonorecord of the

work as first published.

NOTE: Before 1978, the copyright law required, as a

condition for copyright protection, that all copies published

with the authorization of the copyright owner bear a proper

notice. If a work was published under the copyright owner's

authority before January 1, 1978, without a proper copyright

notice, all copyright protection for that work was permanently

lost in the United States. The current copyright law does not

provide retroactive protection for those works.

- If the work is a contribution to a collective work, and

published after January 1, 1978, one complete copy or phonorecord

of the best edition of the collective work.

B. To register a renewal send:

1. A properly completed RE application form, and

2. A nonrefundable filing fee of $6 for each work.

NOTE: COMPLETE THE APPLICATION FORM USING BLACK INK PEN OR

TYPEWRITER. You may photocopy the application forms if the forms

you submit to the Office are clear, legible, on a good grade of

white paper, and printed head to head (so that when you turn the

sheet over, the top of page 2 is directly behind the top of page

1). Because the certificates of registration are reproduced

directly from the application forms, it is vital the forms meet

the stated requirements. Forms not meeting these requirements

will be returned.

Unpublished Collections

A work may be registered in unpublished form as a

"collection," with one application and one fee, under the

following conditions:

- The elements of the collection are assembled in an orderly

form;

- The combined elements bear a single title identifying the

collection as a whole;

- The copyright claimant in all the elements and in the

collection as a whole is the same; and

- All of the elements are by the same author, or, if they are

different authors, at least one of the authors has contributed

copyrightable authorship to each element.

Unpublished collections are indexed in the Catalog of Copyright

Entries only under the collection titles.

Special Deposit Requirements

The Copyright Act gives the Register of Copyrights authority

to issue regulations making adjustments in the statutory deposit

requirements. These regulations as now issued require or permit,

for particular classes, the deposit of identifying material

instead of copies or phonorecords, the deposit of only one copy

or phonorecord where two would normally be required, and in some

cases material other than complete copies of the best edition.

For example, the regulations ordinarily require deposit of

identifying material, such as photographs or drawings, when the

work being registered has been reproduced in three-dimensional

copies.

If you are unsure of the proper deposit required for your

work, write to the Copyright Office for that information and

describe the work you wish to register.

NOTE: LIBRARY OF CONGRESS CATALOG CARD NUMBERS. A Library

of Congress Catalog Card Number is different from a copyright

registration number. The Cataloging in Publication (CIP)

Division of the Library of Congress is responsible for assigning

LC Catalog Card Numbers and is operationally separate from the

Copyright Office. A book may be registered in or deposited with

the Copyright Office but not necessarily cataloged and added to

the Library's collections. For information about obtaining an LC

Catalog Card Number, contact the CIP Division, Library of

Congress, Washington, D.C. 20540.

CORRECTIONS AND AMPLIFICATIONS OF EXISTING REGISTRATIONS

To deal with cases in which information in the basic

registration later turns out to be incorrect or incomplete, the

law provides for "the filing of an application for supplementary

registration, to correct an error in a copyright registration or

to amplify the information given in a registration." The

information in a supplementary registration augments but does not

supersede that contained in the earlier registration. Note also

that a supplementary registration is not a substitute for an

original registration or for a renewal registration. Form CA is

available from the Copyright Office for making a supplementary

registration. For further information about supplementary

registrations, write for Circular 8.

MANDATORY DEPOSIT FOR WORKS PUBLISHED IN THE UNITED STATES WITH

NOTICE OF COPYRIGHT

Although a copyright registration is not required, the

Copyright Act establishes a mandatory deposit requirement for

works published with notice of copyright in the United States

(see definition of "publications" on page 5 below). In general,

the owner of copyright, or the owner of the right of first

publication in the work, has a legal obligation to deposit in the

Copyright Office, within 3 months of publication in the United

States, 2 copies (or, in the case of sound recordings, 2

phonorecords) for the use of the Library of Congress. Failure to

make the deposit can result in fines and other penalties, but

does not affect copyright protection.

The Copyright Office has issued regulations exempting

certain categories of works entirely from the mandatory deposit

requirements, and reducing the obligation for certain other

categories. For further information about mandatory deposit,

please write to the Copyright Office for Circular 7d.

/* Computer programs are one category of exempted item.*/

USE OF MANDATORY DEPOSIT TO SATISFY REGISTRATION REQUIREMENTS

With respect to works published in the United States the

Copyright Act contains a special provision under which a single

deposit can be made to satisfy both the deposit requirements for

the Library and the registration requirements. The provision

requires that in order to have this dual effect, the copies or

phonorecords must be "accompanied by the prescribed application

and fee" for registration.

WHO MAY FILE AN APPLICATION FORM

The following persons are legally entitled to submit an

application form:

- The author. This is either the person who actually created

the work, or, if the work was made for hire, the employer or

other person for whom the work was prepared.

- The copyright claimant. The copyright claimant is defined

in Copyright Office regulations as either the author of the

work or a person or organization that has obtained owner-

ship of all the rights under the copyright initially

belonging to the author. This category includes a person or

organization who has obtained by contract the right to claim

legal title to the copyright in an application for copyright

registration.

-The owner of exclusive right(s). Under the new law, any

of the exclusive rights that go to 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. The term "copyright owner" with res-

pect to any one of the exclusive rights contained in a

copyright refers to the owner of that particular right. Any

owner of an exclusive right may apply for registration of a

claim in the work.

- The duly authorized agent of such author, other copyright

claimant, or owner of exclusive right(s). Any person

authorized to act on behalf of the author, other copyright

claimant, or owner of exclusive right(s) may apply for

registration.

There is no requirement that applications be prepared or

filed by an attorney.

APPLICATION FORMS

For Original Registration

Form TX:

for published and unpublished nondramatic literary works

Form SE:

for serials, works issued or intended to be issued in

successive parts bearing numerical or chronological designations

and intended to be continued indefinitely (periodicals,

newspapers, magazines, newsletters, annuals, journals, etc.)

Form PA:

for published and unpublished works of the performing arts

(musical and dramatic works, pantomimes and choreographic works,

motion pictures and other audiovisual works)

Form VA:

for published and unpublished works of the visual arts

(pictorial, graphic and sculptural works)

Form SR:

for published and unpublished sound recordings

For Renewal Registration

Form RE:

for claims to renewal copyright in works copyrighted under

the law in effect through December 31, 1977 (1909 Copyright Act)

For Corrections and Amplifications

Form CA:

for supplementary registration to correct or amplify

information given in the Copyright Office record of an earlier

registration.

For a Group of Contributions to Periodicals

Form GR/CP:

an adjunct application to be used for registration of a

group of contributions to periodicals in addition to an

application form TX, PA, or VA

Application form are supplied by the Copyright Office free

of charge.

COPYRIGHT OFFICE HOTLINE

NOTE: Requesters may order application forms and circulars

at any time by telephoning (202) 287-9100. Orders will be

recorded automatically and filled as quickly as possible.

/* The number is wrong! Instead call 202-707-9100.*/

MAILING INSTRUCTIONS

All applications and materials related to copyright

registration sent to the Copyright Office should be addressed to

the Register of Copyrights, Copyright Office, Library of

Congress, Washington, D.C. 20559.

The application, returnable deposit (copies, phonorecords or

identifying material), and nonrefundable filing fee should be

mailed in the same package.

WHAT HAPPENS IF THE THREE ELEMENTS ARE NOT RECEIVED TOGETHER

Applications and fees received without appropriate copies,

phonorecords or identifying material will not be processed and

will ordinarily be returned. Unpublished deposits without

applications and fees will ordinarily be returned, also.

Published deposits received without applications and fees will be

immediately transferred to the collections of the Library of

Congress. This practice is in accordance with section 408 of the

law which provides that the published deposit required for the

collections of the Library of Congress may be used for

registration only if the deposit is "accompanied by the

prescribed application and fee . . ."

After the deposit is received and transferred to another

department of the Library of for its collections or other

disposition, it is no longer available to the Copyright Office.

If you wish to register the work, you must deposit additional

copies or phonorecords with your application and fee.

FEES

Do not send cash. A fee sent to the Copyright Office should

be in the form of a money order, check, or bank draft payable to

the Register of Copyrights; it should be securely attached to the

application. A remittance from outside the United States should

be payable in U.S. dollars and should be in the form of an

international money order or a draft drawn on a U.S. bank. Do

not send a check drawn on a foreign bank.

EFFECTIVE DATE OF REGISTRATION

Please note that a copyright registration is effective on

the date of receipt in the Copyright Office of all the required

elements in acceptable form, regardless of the length of time it

takes thereafter to process the application and mail the

certificate of registration. The length of time required by the

Copyright Office to process an application varies from time to

time, depending on the amount of material received and the

personnel available to handle it. It must also be kept in mind

that it may take a number of days for mailed material to reach

the Copyright Office and for the certificate of registration to

reach the recipient after being mailed by the Copyright Office.

If you are filing an application for copyright registration

in the Copyright Office, you will not receive an acknowledgement

that your application has been received, but you can expect

within 120 days:

- A letter or telephone call from a copyright examiner if

further information is needed;

- A certificate of registration to indicate the work has been

registered, or if the application cannot be accepted, a

letter explaining why it has been rejected.

If you want to know when the Copyright Office receives your

material, you should send it by registered or certified mail and

request a return receipt from the post office. Allow at least 3

weeks for the return of your receipt.

SEARCH OF COPYRIGHT OFFICE RECORDS

The records of the Copyright Office are open for inspection

and searching by the public. Moreover, on request, the Copyright

Office will make a search of its records at the statutory rate of

$10 for each hour or fraction of an hour consumed. For

information on searching the Office records concerning the

copyright status or ownership of a work, please write for

Circulars 22 and 23.

AVAILABLE INFORMATION

This circular attempts to answer some of the questions that

are frequently asked about copyright. For a list of other

material published by the Copyright Office, write for

"Publications on Copyright." Any requests for Copyright Office

publications or special questions relating to copyright problem

not mentioned in this circular should be addressed to the

Copyright Office, LM-455, Library of Congress, Washington, D.C.

20559.

The Copyright Office is not permitted to give legal advice.

If you need information or guidance on matters such as disputes

over the ownership of a copyright, suits against possible

infringers, the procedure for getting a work published, or the

method of obtaining royalty payments, it may be necessary to

consult an attorney.