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| Preface | |
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| Copyrights and Intellectual Property | |
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| Introduction to Copyright: Stephen King | |
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| Intellectual Property Law | |
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| Overlapping Intellectual Property Rights | |
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| For More Information | |
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| Sources of Copyright Law | |
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| Federal Copyright Statutes | |
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| The Federal Courts | |
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| The Copyright Office | |
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| For More Information | |
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| What Is Protectible Under Copyright Law? | |
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| Introduction | |
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| The Eight Categories of Works of Authorship | |
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| Derivatives and Compilations | |
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| Introduction | |
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| Derivative Works | |
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| Compilations and Collective Works | |
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| Collective Works | |
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| What Is Not Protectible Under Copyright Law? | |
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| Introduction | |
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| The Public Domain | |
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| The Bundle of Rights | |
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| Grant of Exclusive Rights | |
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| Right to Reproduce the Work | |
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| Right to Distribute the Work to the Public | |
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| Right to Adapt the Work: Right to Prepare Derivative Works | |
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| Right of Public Performance | |
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| Right to Display the Work | |
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| The Rights of the Public: First Sale and Fair Use | |
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| The First Sale Doctrine | |
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| Fair Use | |
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| Parody as Fair Use | |
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| Educational and Library Fair Use Issues | |
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| For More Information | |
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| Educational and Library Uses | |
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| Educational Fair Use Guidelines | |
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| Rights of Libraries and Archives to Reproduce Copies | |
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| For More Information | |
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| Artwork | |
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| Copyright and Works of Visual Art: Moral Rights | |
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| Limitations for Pictorial, Graphic, and Sculptural Works | |
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| Musical Works and Sound Recordings | |
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| Introduction | |
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| Songs: The Rights of Composers and Music Publishers | |
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| Musicians and Recording Companies | |
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| Limitations on Musical Works and Sound Recordings | |
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| For More Information | |
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| Computers and the Internet | |
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| Software Protection | |
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| The Internet: New Issues for Copyright Protection | |
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| Semiconductor Chip Protection | |
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| Authorship and Ownership of Copyright | |
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| Introduction | |
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| Joint Authorship and Co-Ownership | |
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| Ownership of Copyright in Collective Works | |
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| Works Made for Hire | |
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| What Is a Work Made for Hire? | |
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| Works Prepared by an Employee Within the Scope of Employment | |
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| Commissioned Works | |
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| Checklist for Determining If a Work Is Made for Hire Under Copyright Act of 1976 | |
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| Works Made for Hire Under the 1909 Act | |
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| Duration of Copyright | |
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| The Copyright Act of 1909 | |
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| The Copyright Act of 1976 | |
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| Transfer of Copyright | |
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| Licenses and Assignments | |
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| Mortgages and Security Interests | |
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| Transfers Other Than by Written Agreement | |
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| Recording Copyright Transfers | |
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| Terminating Transfers | |
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| Terminating Grants Made Prior to 1978 | |
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| Copyright Research | |
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| Obtaining Information from the Copyright Office | |
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| Researching Copyright Status | |
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| Obtaining Copies of Copyright Office Records | |
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| Licensing Division | |
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| Copyright Notice | |
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| Notice of Copyright | |
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| Form of Copyright Notice | |
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| Placement of Copyright Notice | |
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| Omission of Copyright Notice | |
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| What to Do When an Omission of Copyright Notice Is Discovered | |
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| Registration and Choosing Correct Application | |
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| The Registration Process | |
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| Reasons to Apply for Registration | |
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| Registration Is Not Mandatory for Copyright Protection | |
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| Copyright Application Forms | |
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| Obtaining Copyright Application Forms | |
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| Choosing the Correct Application Form | |
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| For More Information | |
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| Preparing the Copyright Application | |
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| Introduction | |
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| Title and Nature of the Work | |
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| The Author | |
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| Creation and Publication | |
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| The Copyright Claimant | |
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| Previous Registration | |
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| Derivative Work or Compilation | |
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| Deposit Accounts and Correspondence | |
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| Certification | |
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| Mailing Information | |
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| The Fee | |
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| When Will the Copyright Office Accept Electronic Registrations? | |
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| For More Information | |
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| Deposit Materials | |
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| Introduction | |
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| Multimedia and Mixed Works | |
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| Computer Programs | |
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| Automated Databases | |
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| Sound Recordings | |
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| Motion Pictures | |
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| Architecture | |
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| Processing, Correcting, and Canceling Registrations | |
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| Mailing the Application and Deposit Materials | |
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| Expediting Registration | |
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| Receipt by the Copyright Office: The Effective Date | |
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| Resolving Issues with the Copyright Office | |
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| Form CA: Correcting or Supplementing the Copyright Registration | |
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| Cancellation of Completed Registrations | |
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| Deposit Accounts | |
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| Copyright Infringement | |
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| Elements of Infringement | |
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| Access | |
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| Substantial Similarity | |
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| Liability for Infringement | |
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| Can Authors Infringe Their Own Work? | |
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| For More Information | |
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| Defenses to Infringement | |
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| Plaintiff Is Not the Owner of Rights | |
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| Work Is Not Copyrightable | |
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| Plaintiff Did Not Comply with Copyright Rules | |
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| Defendant Independently Created the Work | |
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| Defendant Did Not Have Access to the Plaintiff's Work | |
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| Similarities Between the Two Works Are Not Substantial | |
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| The Copying Is a Fair Use | |
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| The Copying Is De Minimis | |
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| Defendant Was Authorized to Use the Work | |
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| The Use Is Permitted Under the Merger Doctrine | |
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| Plaintiff Is Estopped from Suing the Defendant | |
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| Plaintiff Has Done Something Wrong | |
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| Plaintiff Waited Too Long to Bring the Suit | |
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| Defendant Believes That the Author Has Been Dead More Than Seventy Years | |
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| Remedies for Copyright Infringement | |
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| Introduction | |
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| Injunctions | |
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| Writ of Seizure | |
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| Damages | |
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| Impoundment and Destruction of Infringing Articles | |
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| Attorney Fees and Costs | |
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| Criminal Prosecution | |
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| Resolving a Copyright Dispute Without Litigation | |
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| The Cease and Desist Letter | |
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| Drafting the Cease and Desist Letter | |
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| Considerations When Sending a Cease and Desist Letter | |
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| After the Cease and Desist Letter | |
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| Alternative Dispute Resolution | |
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| Litigation | |
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| Plaintiff's Prefiling Checklist | |
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| Filing the Complaint | |
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| Serving the Defendant | |
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| Drafting the Complaint | |
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| Defendant's Prefiling Checklist | |
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| Discovery | |
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| Motions | |
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| Expert Witness | |
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| Trial | |
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| Appeal | |
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| International Copyright | |
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| Where Can a United States Copyright Owner Sue Foreign Infringers? | |
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| International Copyright Treaties | |
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| For More Information | |
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| Copyright Resources | |
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| Glossary of Terms | |
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| Copyright Office Circulars and Form Letters | |
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| Copyright Forms | |
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| Copyright Agreements | |
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| Sample Compliant and Settlement Agreement | |
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| Copyright Fees | |
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| International Copyright | |
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| Index | |