Intellectual Property Information
Copyright

 

U.S. Copyright
International Copyright
Researching Copyright Issues
Searching for Copyright
Publisher Copyright Policies

 

 

United States Copyright

What is Copyright | How to Deterimine if a Work is Still Protected | Copyright Law | Copyright Office | For More Info

 

What is Copyright?
Copyright is a form of protection provided by the laws of the United States 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 This protection is available to both published and unpublished works.

This quote was taken from:

US Copyright Office. Circular #1: Copyright Basics

• html version
  http://www.loc.gov/copyright/circs/circ1.html
• pdf version
  http://lcweb.loc.gov/copyright/circs/circ01.pdf

Copyright Basics provides information on What Is Copyright? Who Can Claim Copyright Copyright and National Origin of the Work What Works Are Protected? What Is Not Protected by Copyright? How to Secure Copyright Publication Notice of Copyright How Long Copyright Protection Endures Transfer of Copyright International Copyright Protection Copyright Registration Registration Procedures Effective Date of Registration Who May File an Application Form Application Forms Fees

How to Determine If a Work is Still Protected by Copyright
To determine if a work is still protected by copyright depends on who the author is and when the work was created. The following are charts/tables that can be used to help determine copyright protection.

• Copyright Durations (2003)
  http://www.bromsun.com/practice/copyrights/copyright_durations.html
  Prepared by Bromberg & Sunstein LLP.
• Copyright Term and the Public Domain in the United States (July 7, 2004)
  http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm
  Prepared by Peter B. Hirtle, Intellectual Property Officer and Director for Instruction and Learning Instruction, Research and Information Services, Cornell University Library.
• Duration of Copyright: Provisions of the Law Dealing with the Length of Copyright Protection
  http://www.copyright.gov/circs/circ15a.pdf
  U.S. Copyright Office. Circular #15a
• How to Determine Whether a Work is in the Public Domain
  http://www.public.asu.edu/~dkarjala/publicdomain/SearchC-R.html
  Written by Dennis S. Karjala, Professor of Law, Arzona State University.
  
• Library Digitization Projects: U.S. Copyrighted Works that have Expired into the Public Domain (2004)
  http://www.librarylaw.com/DigitizationTable.htm
  Prepared by Mary Minow, LibraryLaw.com
• When U.S. Works Pass into the Public Domain (November 4, 2003)
  http://www.unc.edu/~unclng/public-d.htm
  Prepared by Lolly Gasaway, University of North Carolina.

Note: Copyright protection varies between countries; what is protected in one country may not be protected in another and vice versa.

 

Copyright Law
The copyright law is Title 17 of the U.S. Code. A copy of the law is available at: http://www.loc.gov/copyright/title17/


Copyright Office
The agency responsible for copyrights in the U.S. is the U.S. Copyright Office, a department of the Library of Congress.

Agency:	U.S. Copyright Office
Location:	4th Floor James Madison Memorial Building 101 Independence Avenue, S.E. Washington, D.C.
Mailing Address:	Copyright Office Library of Congress Washington, DC 20559-6000
Web Site:	http://www.copyright.gov/
Phone:	202/707-3000
Hours:	Monday - Friday 8:30 a.m. - 5:00 p.m. ET

Where To Get More Information

• U.S. Copyright Office
  • FAQ (Frequently Asked Questions)
    http://www.loc.gov/copyright/faq.html
  • US Copyright Office. Circular #1: Copyright Basics
    http://www.loc.gov/copyright/circs/circ1.html
    General introduction to copyright plus information on registration procedures and fees.
  • Phone: 202/707-3000
    Information specialists are available from 8:30 a.m. to 5:00 p.m. ET Monday through Friday except for federal holidays.
    
    
• ASU Departments/Units
  • ASU's Copyright and Trademark Statement
    http://www.asu.edu/copyright/
  • ASU Office of General Counsel
    http://www.asu.edu/counsel/
    • Overview of the Digital Millennium Copyright Act for Institutions of Higher Education
      http://www.asu.edu/counsel/brief/dig.html
  • ASU Libraries
    
    • University Libraries: Copyright Information for Reserve Material
      http://www.asu.edu/lib/access/reserves/copyright.html
    • Law Library: Course Reserve Copyright
      http://www.law.asu.edu/Library/Information/CourseReserve/copyright.aspx
    • West Library: Reserve Service Guidelines
      http://library.west.asu.edu/services/resv/resvguides.html
      
      
• Attorneys and Others
  • Opposing Copyright Extension (ASU College of Law)
    http://www.law.asu.edu/HomePages/Karjala/OpposingCopyrightExtension/
    Despite its obvious bias, this site provides a wealth of information on copyright not just on the length of terms.
  • University of Texas System: Crash Course in Copyright
    http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
    UT professor/counsel Georgia Harper's outstanding copyright site, especially useful for those in academia.
    
    
• Nolo Press and Other Publishers (of self-help legal books)
  • Nolo's Legal Encyclopedia: Copyrights
    http://www.nolo.com/encyclopedia/tc_ency.html#Subtopic115
  • Check the ASU Libraries' catalog for books on copyright
    http://library.lib.asu.edu
    
    

International Copyright

Each country has its own laws that govern copyright; there is no one registration for world-wide copyright protection. The U.S. Copyright Office provides the following information about International Copyright:

• International Copyright
  http://www.copyright.gov/fls/fl100.html
  
  
• Circular #38a: International Copyright Relations of the United States
  http://www.copyright.gov/circs/circ38a.pdf

Also consult:

• WIPO (World Intellectual Property Organization): Copyright
  http://www.wipo.int/copyright/en/welcome.html
  
  
• WIPO Diplomatic Conference 1996
  http://www.copyright.gov/wipo/index.html
  
  
• WIPO: Copyright FAQ
  http://www.wipo.int/about-ip/en/

 

Researching Copyright Issues

To find materials about copyright issues use the following databases:

• Books:
  • ASU Libraries Online Catalog
  • WorldCat
    
    
• Journal Articles:
  • Academic Search Elite (general)
  • LexisNexis Academic (general, legal, and business)
  • ABI/Inform (business)
    
    
• Legal Cases:
  • LexisNexis Academic
    

 

Searching for Copyright

For detailed information on how to conduct a U.S. copyright search see the following documents:

• US Copyright Office. Circular #22: How to Investigate the Copyright Status of a Work
  • html version
    http://www.loc.gov/copyright/circs/circ22.html
  • pdf version
    http://www.loc.gov/copyright/circs/circ22.pdf
    
    
• US Copyright Office. Circular #23: The Copyright Card Catalog and the Online Files of the Copyright Office
  • html version
    http://www.loc.gov/copyright/circs/circ23.html
  • pdf version
    http://www.loc.gov/copyright/circs/circ23.pdf
    
    
• The U.S. Copyright Office will also perform searches for a fee, see US Copyright Office. Circular #1: Copyright Basics for more information.
  
  
• Also see the section on "How to Determine if a Work is Still Protected by Copyright" above.

Databases available:

• 1978 to the Present
  The Copyright Office maintains 3 databases that contain records of registrations and ownership documents since 1978.
  • "Books, Music, etc." contains records of books, music, films, sound recordings, maps, software, photos, art, and multimedia, and also includes renewals.
  • "Serials" contains records for periodicals, magazines, journals, and newspapers.
  • "Documents" contains copyright ownership documents, such as name changes and transfers.
  Access the copyright databases at this address: http://www.loc.gov/copyright/records/
  
  
• Pre-1978
  Pre-1978 records are not available online. To search these early years, consult the Catalog of Copyright Entries that can be found in Hayden Library, 3rd floor in the Government Documents Department. Note that the Copyright Office considers the Catalog of Copyright Entries to be a good starting point for do-it-yourself searchers, however, the catalog does not include entries for assignments or other documents so it cannot be used for searches involving the ownership of rights. For a fee, the Copyright Office will conduct a search and provide a factual, noninterpretive report; see Circular no. 23, in particular, the section "Location and Use of the Card Catalog".
  
  

 

Publisher Copyright Policies

• Publisher Copyright Policies & Self Archiving
  http://www.sherpa.ac.uk/romeo.php
  Contains summary of permissions that are normally given as part of each publisher's copyright transfer agreement.