Guidelines
for Submitting Stories, Short Stories or Poetry to
Evangelison
Productions, Inc.
for
ONLINE Publication
Guidelines for Submitting
Stories, Short Stories or Poetry to
Evangelison Productions,
Inc.
for ONLINE Publication
NO
PORNOGRAPHY, NO GRAPHIC VIOLENCE, NO HARM TO CHILDREN or TORTURE OF ANIMALS, NO
HATE SPEECH OR TARGETED DEGRADATION. EVER.
CHILDREN’S STORIES
Unless
otherwise arranged, children’s story profits are split of
40%
author /40% illustrator/20% Evangelison Productions site maintenance.
· Ebooks for Kindle, Nook & iPad
All children’s stories intended for sale as an eBook should be saved
on either a Microsoft Word document, or a pdf document on 8 ½” x 11”
pages. ALL eBOOKS SHOULD BE IN PORTRAIT in order to be accessible on
Kindle, Nook or iPad. Stories may be sold on other sites. COPYRIGHT is
retained by the author/illustrator.
· eBooks for the laptop or desktop
These may be submitted at
any size/orientation. All manuscripts should be submitted in either Microsoft
Word or pdf format. Portrait AND Landscape books accepted.
All eBooks & Laptop/Desktop STORIES and SHORT
STORIES
All manuscripts must consist of original work, whose content is the legal
property of the author. Stories may be include graphics, especially those
in the form of a PHOTO NOVELLA (see “Homeless Somewhere in Chattanooga, TN by
Nancy J. Bell)
Profits from sales are split 80% author/20% Evangelison Productions.
Author owns copyright.
Short stories should consist of 4 or more in a collection + Cover.
*If the work is detailing COMMUNITY WORK or other HUMANITARIAN WORK
fundraisers, upon approval, a 90% author/10% Evangelison Productions
split may be arranged.
POETRY
Follow
poetry submission guidelines according to the specific poetry being showcased
for contests. Otherwise, follow the directions for SHORT STORIES (above). Poet
must own, and will retain, copyright.
INFORMATION NEEDED FOR ALL SUBMISSIONS:
· NAME
· EMAIL ADDRESS
· PHONE
· SIGNED RELEASE/CONSENT TO SELL FORM
IF THERE ARE OTHER DETAILS TO BE WORKED OUT, THEY WILL BE DONE ON
A CASE-BY-CASE BASIS.
-------------------------------------------------------------------------------------------------------------
RELEASE/CONSENT TO SELL
All submissions that will be sold on
the Evangelison Productions site
are done so through a mutually agreed upon product and its royalties agreement.
Writers/Illustrators retain copyright ownership and can, at any given time,
request in writing any change or withdrawal of the material from the host
site. Site Administration reserves the right to decline or withdraw from
agreements if violations of site guidelines are not met or may change.
I _____________________________________ agree that I am owner of
copyright, and do give consent to Evangelison Productions to sell
_________________________________________
_____________________________________________________________(title
of submission) on its site, according to the agreement set forth. I understand
that my work is being posted and sold on the site according to mutual agreement
and that I may request that any work may be removed (by either side) without
recourse.
___ (INITIAL to indicate that you have read the document:
UNDERSTANDING COPYRIGHT and agree to ascribe to the law regarding copyrights)
___________________________________
__________________________________
(AUTHOR
SIGNATURE)
(ILLUSTRATOR SIGNATURE, if applicable)
___________________________________
____________________________________
(DATE)
(DATE)
NOTARIZED by a currently certified NOTARY PUBLIC
___________________________________
____________________________________
(NORARY SIGNATURE)
(STATE & DATE COMMISSION EXPIRES)
Please
return THIS PAGE with the above information, including the appropriate
signatures and dates with each submission.
--Thank
you.
==========================================================
UNDERSTANDING COPYRIGHT
Circular 22
2 22.0213
How to Investigate the
Copyright Status of a Work In General Methods of Approaching a Copyright
Investigation
(NOTE: The material
below has been copied exactly the way it was found at the original site, in
order not to compromise (even inadvertently) the intended premises intended to
be contained within.)
There are several ways
to investigate whether a work is under copyright protection and, if so, the
facts of the copyright. These are the main ones:
1 Examine a copy of the
work for such elements as a copyright notice, place
and date of publication,
author and publisher. If the work is a sound recording,
examine the disc, tape,
cartridge, or cassette in which the recorded sound is
fixed, or the album
cover, sleeve, or container in which the recording is sold.
2 Search the Copyright
Office catalogs and other records.
3 Have the Copyright
Office conduct a search for you.
A Few Words of Caution
About Copyright Investigations
Copyright investigations
often involve more than one of these methods. Even
if you follow all three
approaches, the results may not be conclusive. Moreover,
as explained in this
circular, the changes brought about under the Copyright
Act of 1976, the Berne Convention Implementation Act of 1988, the
Copyright
Renewal Act of 1992, and
the Sonny Bono Copyright
Term Extension Act of
1998 must be considered
when investigating the copyright status of a work.
This circular offers
some practical guidance on what to look for if you are
making a copyright
investigation. It is important to realize, however, that this
circular contains only
general information and that there are a number of
exceptions to the
principles outlined here. In many cases, it is important to consult with a
copyright attorney before reaching any conclusions regarding the
copyright status of a
work.
How to Search Copyright
Office Catalogs and Records
Catalog of Copyright
Entries
The Copyright Office
published the Catalog of Copyright Entries (CCE) in
printed format from 1891
through 1978. From 1979 through 1982, the CCEwas
issued in microfiche
format. The CCE is
divided into parts according to the
classes of works
registered. Each CCE segment
covers all registrations made
during a particular
period of time. Renewal registrations made from 1979
through 1982 are found
in Section 8 of the catalog. Renewals prior to that time
are generally listed at
the end of the volume containing the
class of work to which
they pertained.
A number of libraries
throughout the U.S. maintain copies
of the CCE, and this may provide a good starting point if
you
wish to make a search
yourself. There are some cases, however,
in which a search of the CCE alone will not be sufficient to
provide the needed
information. For example:
•
Because the CCE does
not include entries for assignments
or other recorded
documents, it cannot be used for
searches involving the
ownership of rights.
•
The CCE entry contains the essential facts concerning
a registration, but it
is not a verbatim transcript of the
registration record. It
does not contain the address of the
copyright claimant.
Effective with
registrations made since 1982 when the CCE
was discontinued, the
only method of searching CCE volumes
outside the Library of
Congress is by using the Internet to
access the online
catalog. The online catalog contains entries
from 1978 to the
present. Information on accessing the catalog via the Internet is provided below.
The Copyright Office
has been digitizing the
660 volumes of the CCE and
many
are now available at
www.archive.org/details/copyrightrecords/.
Individual Searches of
Copyright Records
The Copyright Office is
located in the Library of Congress,
James Madison Memorial
Building, 101 Independence
Avenue SE, Washington,
DC 20559.
Most Copyright Office
records are open to public inspection and searching from 8:30 am to 5:00 pm,
eastern time,
Monday through Friday,
except federal holidays. The various
records freely available
to the public include an extensive
card catalog, an
automated catalog containing records from
1978 forward, record
books, and microfilm records of assignments and related documents. Other
records, including
correspondence files and
deposit copies, are not open to the
public for searching.
However, they may be inspected upon
request and payment of a
search fee.*
*note: Copyright Office
fees are subject to change. For
current fees, please
check the Copyright Office website at
www.copyright.gov, write
the Copyright Office, or call
(202) 707‑3000 or 1‑877‑476‑0778.
If you wish to do your
own searching in the Copyright
Office files open to the
public, you will be given assistance
in locating the records
you need and in learning procedures
for searching. If the
Copyright Office staff member actually
es the search for you, a
search fee must be charged. The
search will not be done
while you wait.
In addition, Copyright
Office records in machine-readable form cataloged from January 1, 1978, to the
present,
including registration
and renewal information and recorded
documents, are available
for searching from the Copyright
Office website at
www.copyright.gov.
The Copyright Office
does not offer search assistance to
users on the Internet.
Searching by the
Copyright Office
In General
Upon request and at the
statutory rate for each hour or
fraction of an hour
used, the Copyright Office staff will
search the records of
registrations and other recorded documents concerning ownership of copyrights
and will provide
a written report. If you
request a cost estimate, the Copyright
Office will provide one.
Estimates for searches are based on
the information you furnish
and are provided for a set fee
that is applied toward
the cost of the search and report. Fees
for estimates are
nonrefundable and may be applied to a
search for up to one
year from the date of the estimate.
Requests must include an
address and telephone number
where you may be reached
during business hours and an
email address if
available.
Certification of a
search report is available for an additional fee. Certified searches are
frequently requested to meet
the evidentiary requirements of litigation.
Preferred payment is by
personal check or credit card.
Contact the Copyright
Office for information regarding payment with money orders or by overseas
banking institutions.
For information,
correspondence, or payment, contact:
Copyright Office GC/I&R/RRC
Attn: RCC
P.O. Box 70400
Washington, DC 20024
phone: (202) 707-6850
(m–f, 8:30–5:00 eastern time)
fax: (202) 252-3485
email: copysearch@loc.gov
What the Fee Does Not
Cover
The search fee does not
include the cost of additional certificates, photocopies of deposits, or copies
of other Office records.
For information
concerning these services, see Circular 6,
Obtaining Access to and
Copies of Copyright Office Records
and Deposits.
Information Needed
The more detailed
information you furnish with your
request, the less
expensive the search will be. Please provide
as much of the following
information as possible:
•
the
title of thework,with
any possible variants
•
the
names of the authors, including possible pseudonyms
•
the
name of the probable copyright owner,which may be
the publisher or
producer
•
the
approximate yearwhen theworkwas published or
registered
•
the
type of work involved (book, play,musical composition, sound recording, photograph,
etc.)
•
for awork originally published as a part of a periodical
or collection, the title
of that publication and any other
information, such as the
volume or issue number, to help
identify it
•
the
registration number or any other copyright data
Motion pictures are
often based on other works, such
as books or serialized
contributions to periodicals or other
composite works. If you
want a search for an underlying
work or for music from a
motion picture, you must specifically
request such a search.
You must also identify the underlying
works and music and
furnish the specific titles, authors, and
approximate dates of
these works.
Searches Involving
Assignments and Other
Documents Affecting
Copyright Ownership
For the standard hourly
search fee, the Copyright Office staff
will search its indexes
covering the records of assignments
and other recorded
documents concerning ownership of
copyrights. The reports
of searches in these cases will state
the facts shown in the
Office’s indexes of the recorded documents but will offer no interpretation of
the content of the
documents or their legal
effect.
Limitations on Searches
In determining whether
or not to have a search made, you
should keep the following
points in mind:
No Special Lists · The
Copyright Office does not maintain
any lists of works by
subject or any lists of works that are in
the public domain.
Contributions Not Listed
Separately in Copyright Office
Records · Individual
works such as stories, poems, articles,
or musical compositions
that were published as contribut
tions to a copyrighted periodical or collection are
usually not
listed separately by
title in our records.
No Comparisons · The
Copyright Office does not search or
compare copies of works
to determine questions of possible
infringement or to
determine how much two or more versions of a work have in common.
Titles and Names Not
Copyrightable · Copyright does not
protect names and
titles, and our records list many different
works identified by the
same or similar titles. Some brand
names, trade names,
slogans, and phrases may be entitled to
protection under the
general rules of law relating to unfair
competition. They may
also be entitled to registration under
the provisions of the trademark
laws. Questions about the
trademark laws should be
addressed to: Commissioner for
Patents, PO Box 1450,
Alexandria, VA 22313-1450. Possible protection of names and titles under common
law principles of
unfair competition is a
question of state law.
No Legal Advice · The
Copyright Office cannot express
any opinion as to the
legal significance or effect of the facts
included in a search
report.
Some Words of Caution
Searches Not Always
Conclusive
Searches of the
Copyright Office catalogs and records are
useful in helping to
determine the copyright status of a work,
but they cannot be
regarded as conclusive in all cases. The
complete absence of any
information about a work in the
Office records does not
mean that the work is unprotected.
The following are
examples of cases in which information about a particular work may be
incomplete or lacking
entirely in the
Copyright Office:
•
Before 1978,unpublishedworkswere entitled to protection under common law without the need of
registration.
•
Works publishedwithnotice priorto 1978may be registered
at any time within the
first 28-year term.
•
Works copyrighted between January 1,1964, and December 31, 1977, are affected
by the Copyright Renewal Act of
1992, which automatically
extends the copyright term and
makes renewal
registrations optional.
• Forworks under copyright protection on or afterJanuary 1,
1978, registration may
be made at any time during the
term of protection.
Although registration is not required
as a condition of
copyright protection, there are certain
definite advantages to
registration. For further information, see Circular 1, Copyright Basics.
•
Since searches are ordinarily limited to registrationsthat
have already been
cataloged, a search report may not
cover recent
registrations for which catalog records are
not yet available.
•
The information in the search request may not have been
complete or specific
enough to identify the work.
• Thework may have been registered under a differenttitle
or as part of a larger
work.
Protection in Foreign
Countries
Even if you conclude
that a work is in the public domain in
the United States, this
does not necessarily mean that you are
free to use it in other
countries. Every nation has its own laws
governing the length and
scope of copyright protection, and
these are applicable to
uses of the work within that nation’s
borders. Thus, the
expiration or loss of copyright protection
in the United States may
still leave the work fully protected
against unauthorized use
in other countries. For further
information, see
Circular 6; Circular 15, Renewal of Copyright; and Circular 15a, Duration of
Copyright.
Impact of the Copyright
Act on
Copyright Investigations
On October 19, 1976, the
President signed into law a complete revision of the copyright law of the
United States (title
17 of the United States
Code). Most provisions of this statute
came into force on
January 1, 1978, superseding the Copyright
Act of 1909. These
provisions made significant changes in
the copyright law.
Further important changes resulted from
the Berne Convention Implementation Act of 1988, which
took effect March 1,
1989; the Copyright Renewal Act of 1992
(P.L. 102-307) enacted
June 26, 1992, which amended the
renewal provisions of
the copyright law; and the Sonny Bono
Copyright Term Extension
Act of 1998 (P.L. 105-298) enacted
October 27, 1998, which
extended the term of copyrights for
an additional 20 years.
If you need more
information about the provisions of
either the 1909 or the
1976 law, write or call the Copyright
Office. Both laws are
available on the Copyright Office
website. For information
about renewals, see Circular 15. For
paper copies of the law,
order Circular 92, Copyright Law of
the United States, from:
U.S. Government Printing
Office
P.O. Box 979050
St. Louis, MO 63197-9000
: http://bookstore.gpo.gov
phone: (202) 512-1800
[toll free: 1-866-512-1800]
fax:(202) 512-2104
email: contactcenter@gpo.gov
Or go to the Copyright
Office website at www.copyright.gov/
title17.
For copyright
investigations, the following points about
the impact of the
Copyright Act of 1976, the Berne Convention
Implementation Act of 1988, and the Copyright Renewal
Act of 1992 should be
considered.
A Changed System of
Copyright Formalities
Some of the most
sweeping changes under the 1976 Copyright
Act involve copyright
formalities, that is, the procedural
requirements for
securing and maintaining full copyright
protection. The old
system of formalities involved copyright
notice, deposit, and
registration; recordation of transfers and
licenses of copyright
ownership; and U.S. manufacture,
among other things. In
general, while retaining formalities,
the 1976 law reduced the
chances of mistakes, softened the
consequences of errors
and omissions, and allowed for the
correction of errors.
The Berne Convention Implementation Act of 1988
reduced formalities,
most notably making the addition
of the previously
mandatory copyright notice optional. It
should be noted that the
amended notice requirements are
not retroactive.
The Copyright Renewal
Act of 1992, enacted June 26,
1992, automatically
extends the term of copyrights secured
between January 1,1964,
and December 31,1977,making
renewal registration
optional. Consult Circular 15 for details.
For additional
information, contact the Copyright Office by
phone at(202) 707-3000
or1-877-476-0778 (toll free).
Automatic Copyright
Under the present
copyright law, copyright exists in original
works of authorship created
and fixed in any tangible medium
of expression, now known
or later developed, from which
they can be perceived,
reproduced, or otherwise communicated, either directly, or indirectly with the
aid of a machine
or device. In other
words, copyright is an incident of creative
authorship and is not
dependent on statutory formalities.
Thus, registration with
the Copyright Office generally is not
required, but there are
certain advantages that arise from a
timely registration. For
further information on the advantages
of registration, see
Circular 1.
Copyright Notice
The 1909 Copyright Act
and the 1976 Copyright Act as originally enacted required a notice of copyright
on published
works. For most works, a
copyright notice consisted of the
symbol ©, the word “Copyright”
or the abbreviation “Copr.,”
together with the name
of the owner of copyright and the
year of first
publication. For example:“© JoanCrane 2004”
or “Copyright 2008 by
Abraham Adams.”
For sound recordings
published on or after February 15,
1972, a copyright notice
mightread“Ï€ 1994XYZ Records,
Inc.” See below for more
information about sound recordings.
For mask works, a
copyright notice might read “µ SDR
Industries.” See
Circular 100, Federal Statutory Protection for
Mask Works, for more information.
As originally enacted,
the 1976 law prescribed that all
visually perceptible
published copies of a work, or published
phonorecords of a sound recording, should bear a proper
copyright notice. This
applies to such works published
before March 1, 1989.
After March 1, 1989, notice of copyright on these works is optional. Adding the
notice, however,
is strongly encouraged
and, if litigation involving the copyright occurs, certain advantages exist for
publishing a work
with notice.
Prior to March 1, 1989,
the requirement for the notice
applied equally whether
the work was published in the United
States or elsewhere by
authority of the copyright owner.
Compliance with the
statutory notice requirements was the
responsibility of the
copyright owner. Unauthorized publication without the copyright notice, or with
a defective notice,
does not affect the
validity of the copyright in the work.
Advance permission from,
or registration with, the Copyright Office is not required before placing a
copyright notice
on copies of the work or
on phonorecords of a sound recording. Moreover, for works first
published on or after January
1, 1978, through
February 28, 1989, omission of the requirednotice, or use of a defective notice, did not result
in forfeiture
or outright loss of
copyright protection. Certain omissions
of, or defects in, the
notice of copyright, however, could have
led to loss of copyright
protection if steps were not taken
to correct or cure the
omissions or defects. The Copyright
Office has issued a
final regulation (37 CFR 201.20)
that suggests various acceptable positions for the notice of copyright.
This regulation is
available on the Copyright Office website at
www.copyright.gov/title37/201/index.html.
For further information, see Circular 3, Copyright Notice.
Works Already in the
Public Domain
In general, once a work
enters the public domain, copyright
protection cannot be
restored. However, certain exceptions
works of foreign origin.
For eligible foreign works,
copyright protection is
automatically restored under the
provisions of the
Uruguay Round Agreements Act (URAA)
and section 104(a) of
the copyright law. Previousto the
URAA, the North American Free Trade Agreement
Implementation Act (NAFTA) contained copyright restoration
provisions for certain Canadian
and Mexican works.
Under the copyright law
in effect prior to January 1,
1978, copyright could be
lost in several situations. The most
common were publication
without the required notice
of copyright, expiration
of the first 28-year term without
renewal, or final
expiration of the second copyright term.
The Copyright Renewal
Act of 1992 automatically renews
firstterm copyrightssecured between January 1,1964, and
December 31, 1977.
Scope of Exclusive
Rights Under Copyright
The present law has
changed and enlarged in some cases the
scope of the copyright
owner’s rights. The new rights apply
to all uses of a work
subject to protection by copyright after
January 1, 1978,
regardless of when the work was created.
Duration of Copyright
Protection
Works Originally
Copyrighted On or After January 1, 1978
A work that is created
and fixed in tangible form for the first
time on or after January
1, 1978, is automatically protected
from the moment of its
creation and is ordinarily given a
term enduring for the
author’s life plus an additional 70
years after the author’s
death. In the case of “a joint work
prepared by two or more
authors who did not work for hire,”
the term lasts for 70
years after the last surviving author’s
death. For works made
for hire and for anonymous and
pseudonymous works
(unless the author’s identity is revealed
in the Copyright Office
records), the duration of copyright
will be 95 years from
publication or 120 years from creation,
whichever is less.
Works created before the
1976 law came into effect but
neither published nor
registered for copyright before
January 1, 1978, have
been automatically brought under the
statute and are now
given federal copyright protection. The
duration of copyright in
these works will generally be computed in the same way as for new works: the
life-plus-70 or
95/120-year terms will
apply. However, all works in this category were guaranteed at least 25 years of
statutory protection.
Works Copyrighted Before
January 1, 1978
Under the law in effect
before 1978, copyright was secured
either on the date a
work was published with notice of copy-
right or on the date of
registration if the work was registered
in unpublished form. In
either case, copyright endured for a
first term of 28 years
from the date on which it was secured.
During the last (28th)
year of the first term, the copyright
was eligible for
renewal. The copyright law extends the
renewal term from 28 to
67 years for copyrights in existence
on January 1, 1978.
However,forworks copyrighted priorto January 1,1964,
the copyright still must
have been renewed in the 28th calendar year to receive the 67-year period of
added protection.
The amending legislation
enacted June 26, 1992, automatically
extends this second term
for works first copyrighted between
January 1,1964, and
December 31,1977. For more detailed
information on the
copyright term, see Circular 15a.
Works First Published
Before 1978:
the Copyright Notice
General Information
About the Copyright Notice
In investigating the
copyright status of works first published
before January 1, 1978,
the most important thing to look for is
the notice of copyright.
As a general rule under the 1909 law,
copyright protection was
lost permanently if the notice was
omitted from the first
authorized published edition of a work
or if it appeared in the
wrong form or position. The form and
position of the
copyright notice for various types of works
were specified in the
copyright statute. Some courts were liberal
in overlooking
relatively minor departures from the statutory
requirements, but a
basic failure to comply with the notice
provisions forfeited
copyright protection and put the work
into the public domain
in this country.
Absence of Copyright
Notice
For works first
published before 1978, the complete absence
of a copyright notice
from a published copy generally indicates that the work is not protected by
copyright. For works
first published before
March 1, 1989, the copyright notice is
required, but omission could
have been cured by registration before or within five years of publication and
by adding
the notice to copies
published in the United States after discovery of the omission. Some works may
contain a notice,
others may not. The
absence of a notice in works published
on or after March 1,
1989, does not necessarily indicate that
the work is in the
public domain.
Unpublished Works · No
notice of copyright was required
on the copies of any
unpublished work. The concept of
“publication” is very
technical, and it was possible for a
er of copies lacking a
copyright notice to be reproduced
and distributed without
affecting copyright protection.
Foreign Editions · In
the case of works seeking ad interim
copyright,* copies of a
copyrighted work were exempted
from the notice
requirements if they were first published
outside the United
States. Some copies of these foreign editions could find their way into the
United States without
impairing the copyright.
*note: “Ad interim
copyright” refers to a special short term of
copyright available to
certain pre‑1978 books and
periodicals.
For further information
on ad interim copyright, see page 8.
Accidental Omission ·
The 1909 statute preserved copyright
protection if the notice
was omitted by accident or mistake
from a “particular copy
or copies.”
Unauthorized Publication
· A valid copyright was not
secured if someone
deleted the notice and/or published the
work without
authorization from the copyright owner.
Sound Recordings ·
Reproductions of sound recordings
usually contain two
different types of creative works: the
underlying musical,
dramatic, or literary work that is being
performed or read and
the fixation of the actual sounds
embodying the
performance or reading. For protection of
the underlying musical
or literary work embodied in a
recording, it is not
necessary that a copyright notice covering
this material appear on
the phonograph records or tapes on
which the recording is
reproduced. A special notice is
required for protection
of the recording of a series of musical,
spoken, or other sounds
that were fixed on or after February
15, 1972. Sound
recordings fixed before February 15, 1972, are
not eligible for federal
copyright protection. The Sound
Recording Act of 1971,
the present copyright law, and the
Berne Convention Implementation Act of 1988 cannot be
applied or be construed
to provide any retroactive protection
for sound recordings
fixed before February 15, 1972. Such
works, however, may be
protected by various state laws or
doctrines of common law.
The Date in the
Copyright Notice
If you find a copyright
notice, the date it contains may be
important in determining
the copyright status of the work.
In general, the notice
on works published before 1978 must
include the year in
which copyright was secured by publication or, if the work was first registered
for copyright in
unpublished form, the
year in which registration was made.
There are two main
exceptions to this rule.
For pictorial, graphic,
or sculptural works (Classes F
through K under the 1909
law), the law permitted omission of the year date in the notice.
2 For “new versions” of
previously published or copyrighted
works, the notice was
not usually required to include more
than the year of first
publication of the new version itself.
This is explained
further under Derivative Works below.
The year in the notice
usually (though not always) indicated when the copyright began. It is,
therefore, significant
in determining whether a
copyright is still in effect; or, if the
copyright has not yet
run its course, the year date will help
in deciding when the
copyright is scheduled to expire. For
further information
about the duration of copyright, see
Circular 15a.
In evaluating the
meaning of the date in a notice, you
should keep the
following points in mind:
Works Published and
Copyrighted Before January 1, 1978 ·
A work published before
January 1, 1978, and copyrighted on
or after January 1,
1923, may still be protected by copyright
in the United States if
a valid renewal registration was made
during the 28th year of
the first term of the copyright. If
renewed by registration
or under the Copyright Renewal Act
of 1992 and if still
valid under the other provisions of the law,
the copyright will
expire 95 years from the end of the year in
which it was first
secured.
Therefore, the U.S.
copyright in any work published or
copyrighted prior to
January 1, 1923, has expired by operation
of law, and the work has
permanently fallen into the public
domain in the United
States. For example, on January 1, 1997,
copyrights in works
first published or copyrighted before
January 1, 1922,
expired; on January 1, 1998, copyrights in
works first published or
copyrighted before January 1, 1923,
expired. Unless the
copyright law is changed again, no works
under protection on
January 1, 1999, will fall into the public
domain in the United
States until January 1, 2019.
Works First Published or
Copyrighted Between January 1,
1923, and December 31,
1949, But Not Renewed · If a work
was first published or
copyrighted between January 1, 1923,
and December 31,1949, itisimportantto determinewhether
the copyright was
renewed during the last (28th) year of the
first term of the
copyright. This can be done by searching the
Copyright Office records
or catalogs as explained previously.
If no renewal
registration was made, copyright protection
expired permanently at
the end of the 28th year from the
year date it was first
secured.
rks First Published or Copyrighted Between January
1,
1923, and December 31,
1949, and Registered for Renewal ·
When a valid renewal
registration was made and copyright
in the work was in its
second term on December 31, 1977,
the renewal copyright
term was extended under the latest
act to 67 years. In
these cases, copyright will last for a total
of 95 years from the end
of the year in which copyright was
originally secured.
Example: Copyright in a work first published in 1925 and renewed in 1953 will
expire on December
31, 2020.
Works First Published or
Copyrighted Between January
1, 1950, and December
31, 1963 · If a work was in its first
28-year term of
copyright protection on January 1, 1978, it
must have been renewed
in a timely fashion to have secured
the maximum term of
copyright protection. If renewal registration was made during the 28th calendar
year of its first
term, copyright would
endure for 95 years from the end of
the year copyright was
originally secured. If not renewed, the
copyright expired at the
end of its 28th calendar year.
Works First Published or
Copyrighted Between January
1, 1964, and December
31, 1977 · If a work was in its first
28-year term of
copyright protection on June 26, 1992,
renewal registration was
optional. The term of copyright for
works published or
copyrighted during this time period was
extended to 95 years by
the Copyright Renewal Act of 1992
and the Sonny Bono Term Extension Act of 1998. There was
no need to make the
renewal filing to extend the original
28-year copyright term
to the full 95 years.
However, there were
several advantages to making a
renewal registration
during the 28th year of the original
term of copyright. If
renewal registration was made during
the 28th year of the
original term of copyright, the renewal
copyright vested in the
name of the renewal claimant on the
effective date of the
renewal registration; the renewal certificate constitutes prima facie evidence as to the validity of the
copyright during the
renewed and extended term and of the
facts stated in the
certificate; and, the right to use the derivative work in the extended term may
be affected. See Circular
15 for further
information.
Unpublished,
Unregistered Works · Before 1978, if a work
had been neither
“published” in the legal sense nor registered
in the Copyright Office,
it was subject to perpetual protection
under the common law. On
January 1, 1978, all works of this
kind, subject to
protection by copyright, were automatically
brought under the
federal copyright statute. The duration of
copyright for these
works can vary, but none of them expired
before December 31,
2002.
Derivative Works
In examining a copy (or
a record, disc, or tape) for copyright
information, it is
important to determine whether that
particular version of
the work is an original edition of the
work or a “new version.”
New versions include musical
arrangements,
adaptations, revised or newly edited editions,
translations,
dramatizations, abridgments, compilations,
and works republished
with new matter added. The law
provides that derivative
works, published or unpublished,
are independently
copyrightable and that the copyright in
such a work does not
affect or extend the protection, if any,
in the underlying work.
Under the 1909 law, courts have
also held that the
notice of copyright on a derivative work
ordinarily need not include
the dates or other information
pertaining to the
earlier works incorporated in it. This
principle is
specifically preserved in the present copyright
law. Thus, if the copy
(or the record, disc, or tape)
constitutes a derivative
version of the work, these points
should be kept in mind:
•
The date in the copyright notice is not necessarily an indication of when
copyright in all the material in the work
will expire. Some of the
material may already be in the
public domain, and some
parts of the work may expire
sooner than others.
•
Even if some of the material in the derivativework isin
the public domain and
free for use, this does not mean
that the “new” material
added to it can be used without
permission from the
owner of copyright in the derivative
work. It may be
necessary to compare editions to determine what is free to use and what is not.
•
Ownership ofrightsin the material included in a derivative work and in the preexisting
work upon which it may
be based may differ, and
permission obtained from the
owners of certain parts
of the work may not authorize the
use of other parts.
The Name in the
Copyright Notice
Under the copyright
statute in effect before 1978, the
notice was required to
include “the name of the copyright
proprietor.” The present
act requires that the notice include
“the name of the owner
of copyright in the work, or an
abbreviation by which
the name can be recognized, or a
generally known
alternative designation of the owner.” The
name in the notice
(sometimes in combination with the
other statements on the
copy, records, disc, tape, container,
or label) often gives
persons wishing to use the work the
information needed to
identify the owner from whom
licenses or permission
can be sought. In other cases, the
e provides a starting
point for a search in the Copyright
Office records or
catalogs, as explained at the beginning of
this circular.
In the case of works
published before 1978, copyright
registration is made in
the name of the individual person
or the entity identified
as the copyright owner in the notice.
For works published on
or after January 1, 1978, registration
is made in the name of
the person or entity owning all the
rights on the date the
registration is made. This may or may
not be the name
appearing in the notice. In addition to its
records of copyright
registration, the Copyright Office maintains extensive records of assignments,
exclusive licenses, and
other documents dealing
with copyright ownership.
Ad Interim
Ad interim copyright was
a special short-term copyright
that applied to certain
books and periodicals in the English
language that were first
manufactured and published outside
the United States. It
was a partial exception to the manufacturing requirements of the previous U.S.
copyright law. Its
purpose was to secure
temporary U.S. protection for a work,
pending the manufacture
of an edition in the United States.
The ad interim
requirements changed several times over
the years and were
subject to a number of exceptions and
qualifications.
The manufacturing
provisions of the copyright act expired
on July 1, 1986, and are
no longer a part of the copyright law.
The transitional and
supplementary provisions of the act
provide that for any
work in which ad interim copyright was
subsisting or capable of
being secured on December 31, 1977,
copyright protection
would be extended for a term compatible
with the other works in
which copyright was subsisting on
the effective date of the
new act. Consequently, if the work
was first published on
or after July 1, 1977, and was eligible
for ad interim copyright
protection, the provisions of the
present copyright act
will be applicable to the protection of
these works. Anyone
investigating the copyright status of an
English-language book or
periodical first published outside
the United States before
July 1, 1977, should check carefully
to determine:
• whetherthe manufacturing requirementswere applicable
to the work, and
•
if so,whetherthe ad
interim requirementswere met
For Further Information
By Internet
Circulars,
announcements, regulations, other related materials, and all copyright
application forms are available from
the Copyright Office
website at www.copyright.gov. To send
an email communication,
click on Contact Us at the bottom
of the homepage.
By Telephone
For general information
about copyright, call the Copyright
Public Information
Office at(202) 707-3000 or1-877-476-
0778 (toll free). Staff
members are on duty from 8:30 am to
5:00 pm, eastern time,
Monday through Friday, except federal
holidays.Recorded
information is available 24 hours a day.
Or, if you know which
application forms and circulars you
want,requestthem 24 hours a day from the Forms and
Publications Hotline at (202) 707-9100. Leave a recorded
message.
By Regular Mail
Write to:
Library of Congress
Copyright Office–COPUBS
101 Independence Avenue
SE
Washington, DC 20559
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