Definitions
Who is an author?
Under the copyright law, the creator of the original expression
in a work is its author. The author is also the owner of copyright
unless there is a written agreement by which the author assigns
the copyright to another person or entity, such as a publisher.
In cases of works made for hire, the employer or commissioning
party is considered to be the author. See Circular 9,
Work-Made-For-Hire Under the 1976 Copyright Act.
What is a deposit?
A deposit is usually one copy (if unpublished) or two copies (if
published) of the work to be registered for copyright. In certain
cases such as works of the visual arts, identifying material such
as a photograph may be used instead. See Circular 40a,
Deposit Requirements in Visual Arts Material.
The deposit is sent with the application and fee and becomes the
property of the Library of Congress.
What is publication?
Publication has a technical meaning in copyright law. According
to the statute, “Publication is the distribution of copies
or phonorecords of a work to the public by sale or other transfer
of ownership, or by rental, lease, or lending. The offering to
distribute copies or phonorecords to a group of persons for purposes
of further distribution, public performance, or public display
constitutes publication. A public performance or display of a
work does not of itself constitute publication.” Generally,
publication occurs on the date on which copies of the work are
first made available to the public. For further information see
Circular 1, Copyright Basics, section “Publication.”
What is a copyright notice? How do I put a copyright notice on my work?
A copyright notice is an identifier placed on copies of the work
to inform the world of copyright ownership that generally consists
of the symbol or word “copyright (or copr.),” the
name of the copyright owner, and the year of first publication,
e.g., ©2003 John Doe. While use of a copyright notice was
once required as a condition of copyright protection, it is now
optional. Use of the notice is the responsibility of the copyright
owner and does not require advance permission from, or registration
with, the Copyright Office. See Circular 3,
Copyright Notice, for requirements for works published
before March 1, 1989, and for more information on the form and
position of the copyright notice.
What is copyright infringement?
As a general matter, copyright infringement occurs when a copyrighted
work is reproduced, distributed, performed, publicly displayed,
or made into a derivative work without the permission of the copyright
owner.
What is peer-to-peer (P2P) networking?
A type of network where computers communicate directly with each
other, rather than through a central server. Often referred to
simply as peer-to-peer, or abbreviated P2P, a type of network
in which each workstation has equivalent capabilities and responsibilities
in contrast to client/server architectures, in which some computers
are dedicated to serving the other computers. A "network"
is a group of two or more computer systems linked together by
various methods. In recent usage, peer-to-peer has come to describe
applications in which users can use the Internet to exchange files
with each other directly or through a mediating server.
Where is the public domain?
The public domain is not a place. A work of authorship is in the
“public domain” if it is no longer under copyright
protection or if it failed to meet the requirements for copyright
protection. Works in the public domain may be used freely without
the permission of the former copyright owner.
What is mandatory deposit?
Copies of all works under copyright protection that have been
published in the United States are required to be deposited with
the Copyright Office within 3 months of the date of first publication.
See Circular 7d, Mandatory
Deposit of Copies or Phonorecords for the Library of Congress,
and the Deposit Regulation 202.19.
What is a work made for hire?
Although the general rule is that the person who creates the work
is its author, there is an exception to that principle; the exception
is a work made for hire, which is a work prepared by an employee
within the scope of his or her employment; or a work specially
ordered or commissioned in certain specified circumstances. When
a work qualifies as a work made for hire, the employer, or commissioning
party, is considered to be the author. See Circular 9,
Work-Made-For-Hire Under the 1976 Copyright Act.
What is a Library of Congress number?
The Library of Congress Control Number is assigned by the Library
at its discretion to assist librarians in acquiring and cataloging
works. For further information call the Cataloging
in Publication Division at (202) 707-6345.
What is an ISBN number?
The International Standard Book Number is administered by the R.
R. Bowker Company, 877- 310-7333. The ISBN is a numerical identifier
intended to assist the international community in identifying and
ordering certain publications.
Note: The Copyright Office offers introductory answers to frequently asked questions about
copyright, registration, and services of the Office. Links throughout the answers will guide
you to further information on our website or from other sources. For any other questions, please visit
our Contact Us page.
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