Copyright Basics eBook

This eBook from the Gutenberg Project consists of approximately 29 pages of information about Copyright Basics.

Copyright Basics eBook

This eBook from the Gutenberg Project consists of approximately 29 pages of information about Copyright Basics.

Although a copyright registration is not required, the Copyright Act establishes a mandatory deposit requirement for works published in the United States.  See the definition of “publication.”  In general, the owner of copyright or the owner of the exclusive right of publication in the work has a legal obligation to deposit in the Copyright Office, within 3 months of publication in the United States, two copies (or in the case of sound recordings, two 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.

Certain categories of works are exempt entirely from the mandatory deposit requirements, and the obligation is reduced for certain other categories.  For further information about mandatory deposit, request Circular 7d “Mandatory Deposit of Copies or Phonorecords for the Library of Congress.” [http://www.loc.gov/copyright/circs/circ07d.pdf].

-------------------------------------------------------
-----------------

USE OF MANDATORY DEPOSIT TO SATISFY REGISTRATION REQUIREMENTS

For works published in the United States, the copyright law contains a provision under which a single deposit can be made to satisfy both the deposit requirements for the Library and the registration requirements.  In order to have this dual effect, the copies or phonorecords must be accompanied by the prescribed application form and filing fee.

-------------------------------------------------------
-----------------

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 ownership 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 law, any of the
    exclusive rights that 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 respect 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.

Copyrights
Project Gutenberg
Copyright Basics from Project Gutenberg. Public domain.