In examining a copy (or a record, disk, 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
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, disk, 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 of 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 derivative work is in
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 of rights in 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, record, disk, 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 name provides a starting point for a
search in the Copyright Office records or catalogs, as explained
at the beginning in this circular.
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page 10
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 after 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,
first manufactured and published outside the United States. It
was a partial exception to the manufacturing requirements of the
previous United States copyright law. Its purpose was to secure
temporary United States 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:
* Whether the manufacturing requirements were applicable to
the work and
* If so, whether the ad interim requirements were met.
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page 11
--------------------------- cut here ----------------------------
SEARCH REQUEST FORM
Copyright Office Reference & Bibliography
Library of Congress Section
Washington, D.C. 20559 (202) 707-6850
8:30 a.m.-5 p.m. Monday-Friday
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
TYPE OF WORK:
__Book __Music __Motion Picture
__Drama __Sound Recording __Photograph/Artwork
__Map __Periodical __Contribution
__Computer Program __Mask Work
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
SEARCH INFORMATION YOU REQUIRE:
__Registration __Renewal __Assignment __Address
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
SPECIFICS OF WORK TO BE SEARCHED:
TITLE:________________________________________________________
______________________________________________________________
AUTHOR:_______________________________________________________
______________________________________________________________
COPYRIGHT CLAIMANT (if known):________________________________
(name in copyright notice)
APPROXIMATE YEAR DATE OF
PUBLICATION/CREATION:_____________________
REGISTRATION NUMBER (if known):_______________________________
OTHER IDENTIFYING
INFORMATION:__________________________________________________
______________________________________________________________
______________________________________________________________
If you need more space please attach additional pages.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
ESTIMATES ARE BASED ON THE COPYRIGHT OFFICE FEE OF $20.00 AN HOUR
OR FRACTION OF AN HOUR CONSUMED. THE MORE INFORMATION YOU FURNISH
AS A BASIS FOR THE SEARCH THE BETTER SERVICE WE CAN PROVIDE. THE
TIME BETWEEN THE DATE OF RECEIPT OF YOUR FEE FOR THE SEARCH AND
YOUR RECEIVING A REPORT WILL VARY FROM 8 TO 12 WEEKS DEPENDING ON
WORKLOAD.
NAMES, TITLES, AND SHORT PHRASES ARE NOT COPYRIGHTABLE.
Please read Circular 22 for more information on copyright searches.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
YOUR NAME:_______________________________________ DATE:____________
ADDRESS:___________________________________________________________
___________________________________________________________________
___________________________________________________________________
DAYTIME TELEPHONE NO. (____)______________________________________
Convey results of estimate/search by telephone? ___yes ___no
Fee Enclosed? ___yes Amount $____________
___no
-------------------------- cut here ---------------------------
COPYRIGHT OFFICE * LIBRARY OF CONGRESS * WASHINGTON, D.C. 20559
END
*******************************************************
Note: This file has been edited for use on computer networks.
This editing required the removal of diacritics and fonts such as
italics and bold. You can obtain a copy of the original by
writing to the Copyright Office at the above address.
***9/95 (er)***
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* Origin: Entrepreneur's Workshop, Home Of MBN E-Magazine (1:124/6308.8)
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