Note: The information provided in this site is for informational and guidance purposes only and may not be construed as legal advice. If you have specific issues or areas that need clarification, you are encouraged to consult with a qualified attorney.

Copyright FAQ's What is Copyright? Is it Fair Use? How do I get Permission? Can I use it on the Web? What do Students Need to Know? Who Owns the Work? How do I Protect my Work?

1. Is your work ready to be copyrighted?
   
   
2. Is it substantially your own original intellectual or creative activity?
   • Is it original?
   • Are you the single author or are there co-authors?
     
     
3. Is the work unpublished?
   
   
4. Is the work in a "fixed" format?
   
   A work is fixed when the idea, concept, design, etc. is put into a format that can be seen, heard, touched, read or manipulated by another person. For example, an idea and formula for creating a new chemical compound cannot be copyright protected until it is written down.
   
   Depending on your discipline or specialty, work could take the form of notes, a manuscript, essay, book, drawing, diagram, photograph, musical score, sound or video recording, computer presentation, simulation, script for a play, a collection of poems, a PowerPoint slide show, a CD-ROM, or whatever medium or combination of formats you use to preserve, display or distribute your work.
   
   
5. "If the work isn't complete, can I protect it while I'm still working on it?"
   Yes - there are things you can do in the interim:

• Register individual, independent pieces of a work (a single photograph, a poem, essay or a multimedia element, like a video clip). This can get cumbersome, so you might take the option of registering groups of related elements (a collection of poems related to a theme or a series of photos of a subject) as a collective work until your overall product is ready.
  
• Use the copyright notice. Although it has not been legally required since 1982, it is an easy and accepted way to a.) identify the work as yours, b.) reserve the intellectual property rights to yourself, and c.) signal your intent to protect your original work.

The notice can take two forms:

• The word 'Copyright' and the year followed by a comma, your first initial and last name: Copyright 1999, J. Doe
  
• Or use the '©' symbol: © 1999, J. Doe

 

Add the notice to each individual item of your work on the title page, at the end of the text, on individual images, drawings, etc. It doesn't need to be large, but it should be clearly visible.

• Document your ownership of the fixed work at a certain date. An easy way to do this is to package a copy of the work in a sealed mailer and send it to yourself at your legal address, via registered mail . Keep the receipt to document the date and keep the package sealed in case you need it in the future. This works like a time capsule to document that you had the idea in fixed form at a certain date and can be used as proof of prior ownership against a challenge.
  

These techniques are usually considered temporary measures. They are intended only to serve as notice and warning that you have a vested interest in the work, or to document your ownership of the item at a specific date.

To fully benefit from the law and protect your intellectual property rights, including the right to take action against an infringement, you must legally register the work with the U.S. Copyright Office at the Library of Congress.

Applying for Copyright Registration:

When you are ready to register the work officially, you must file an application for registration of copyright with the U.S. Copyright Office. There are specific instructions, forms and a small fee involved. All the information and forms are available from the U.S. Copyright Office or you can get access to them at their Web site:

• http://lcweb.loc.gov/copyright/

You'll need Abode Acrobat Reader to download the circulars and forms from the Web site.

1. Your first task is deciding which Information Circular and Application form you'll need for your work. There are some major categories that can help you decide:

Example: I have a series of five PowerPoint presentations that include text, animated graphics, audio and video clips. The final product will be used and distributed on CD-ROM. According to the Copyright Office classification, the work qualifies as a "multimedia work." How would you register this work?

• We could register each of the elements separately -- text, graphics, recorded audio narrative and recorded video. This is too laborious and requires a separate fee for each.
• We could register each of the presentations as an independent element in a Zip disc format. This isn't a bad idea until the whole project is finished!
• We could wait and register the entire series as a unit on CD-ROM.

My choice would be to protect the entire work and the individual segments. They can be registered as a 'Performing Arts" (PA) published work, which includes all motion picture, video and audiovisual works. We would refer to Circular 55 - "Multimedia Works" and use Application Form PA .

2. Fees: Basic registration fee (effective July 1, 1999) is $30 for each work/application submitted. See http://www.loc.gov/copyright/circs/sl4.html and click on Fee Changes.
   
   
3. Copies: For unpublished works (see Circular 55, p.4 for definition), you are required to "deposit" one copy of the work. In our example, in digital form (Zip or CD-ROM), and since the work generates pictorial images graphics and video, we would need to include:

    

   • a written synopsis or outline of the content of the audiovisual work
   • a reproduction of the audiovisual elements - a videotape, series of still photos or drawings of representative portions of the work
     

 

4. The whole package -- application, copies and fee should be sent to:

Library of Congress
Copyright Office
101 Independence Avenue
Washington D.C. 20559-6000

The Copyright Office does not provide acknowledgement or receipt for your applications, so if you want to know when your submission reached the Copyright Office, send it by registered or certified mail with receipt requested.

The copyright registration is effective on the date the Copyright Office receives all the application materials in acceptable form. If the materials are in proper form you will not hear anything more until you receive a certificate of registration, indicating that your work has been registered.

GOOD LUCK!

If you would like to discuss registering a specific work, e-mail Rick Davis, cataloging librarian for Cook Library, at rkdavis@towson.edu or call 410-704-4116.