Copyright Basics
Public-domain ebook
Copyright Basics
by Library of Congress. Copyright Office
English1,549 downloads on Project GutenbergDownload EPUB
Public-domain ebook sourced from Project Gutenberg #4292.
About this book
This work is an official reference guide produced by the Library of Congress Copyright Office, designed to lay out the fundamentals of United States copyright law. It opens with a systematic table of contents that enumerates every major topic, from the definition of copyright and the categories of protectable works to the mechanics of registration, notice, and the nuances of publication and international protection. The opening paragraphs then define copyright as a statutory right granted to authors of original works, list the exclusive rights afforded by the 1976 Act, and introduce the limited exceptions such as fair use and compulsory licenses. The text proceeds in a methodical, clause‑by‑clause fashion, offering precise legal definitions and procedural details that reflect the Office’s role as an authoritative source.
The tone is formal and instructional, reflecting the bureaucratic style of a mid‑20th‑century government publication. It reads like a legal handbook rather than a narrative, with dense, clause‑rich sentences and frequent citations to specific sections of Title 17. Readers who need a clear, comprehensive overview of U.S. copyright, law students, librarians, creators, or anyone handling intellectual‑property matters, will find the straightforward exposition and exhaustive coverage especially useful.
The opening · free to read
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Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author.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 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 treaty party,* or is a stateless person wherever that person may be domiciled; or *A treaty party is a country or intergovernmental organization other than the United States that is a party to an international agreement.
+ The work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party. For purposes of this condition, a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party, as the case may be; or
+ The work is a sound recording that was first fixed in a treaty party; or
+ The work is a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party; or
+ The work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or
+ The work is a foreign work that was in the public domain in the United States prior to 1996 and its copyright was restored under the Uruguay Round Agreements Act (URAA). Request "Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA-GATT), [http://www.loc.gov/copyright/circs/circ38b.pdf], for further information.
+ The work comes within the scope of a Presidential proclamation.
------------------------------------------------------------------------
WHAT WORKS ARE PROTECTED?
Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not 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 + (7) sound recordings + (8) architectural works
These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."
------------------------------------------------------------------------
WHAT IS NOT PROTECTED BY COPYRIGHT?
Several categories of material are generally not eligible for federal copyright protection. These include among others:
+ Works that have not been fixed in a tangible form of expression (for example, choreographic works that 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
+ 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 rulers, and lists or tables taken from public documents or other common sources)
------------------------------------------------------------------------
Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration." 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. "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 cassette tapes, CDs, or LPs. 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 that is fixed on a particular date constitutes the created work as of that date.
------------------------------------------------------------------------
Publication
Publication is no longer the key to obtaining federal copyright as it was under the Copyright Act of 1909. However, publication remains important to copyright owners.
The 1976 Copyright Act defines publication as follows:
"Publication" is the distribution of copies or phonorecords of a work to the public by sale 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, federal copyright was generally secured by the act of publication with notice of copyright, assuming compliance with all other relevant statutory conditions. U. S. works in the public domain on January 1, 1978, (for example, works published without satisfying all conditions for securing federal copyright under the Copyright Act of 1909) remain in the public domain under the 1976 Copyright Act.
Certain foreign works originally published without notice had their copyrights restored under the Uruguay Round Agreements Act (URAA). Request Circular 38B [http://www.loc.gov/copyright/circs/circ38b.pdf] and see the "Notice of Copyright" section of this publication for further information.
Federal copyright could also be secured before 1978 by the act of registration in the case of certain unpublished works and works eligible for ad interim copyright. The 1976 Copyright Act automatically extends to full term (Title 17, Chap. 3, Sec. 304 sets the term) copyright for all works, including those subject to ad interim copyright if ad interim registration has been made on or before June 30, 1978.
A further discussion of the definition of "publication" can be found in the legislative history of the 1976 Copyright 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 for several reasons:
+ Works that are published in the United States are subject to mandatory deposit with the Library of Congress. See discussion on "Mandatory Deposit for Works Published in the United States."
+ Publication of a work can affect the limitations on the exclusive rights of the copyright owner that are set forth in Title 17, Chap 1 of the law.
+ The year of publication may determine 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 "Registration Procedures."
+ When a work is published, it may bear a notice of copyright to identify the year of publication and the name of the copyright owner and to inform the public that the work is protected by copyright. Copies of works published before March 1, 1989, must bear the notice or risk loss of copyright protection. See discussion on "Notice of Copyright" below.
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