4: Rights, Permissions, and Copyright Administration
- The scope of this chapter
- Relevant law
- How copyright comes into being
- Registration and notice not required
- Original expression
- Author the original owner
- Individual and joint authors
- Collective works
- Employer as author
- The three categories of work made for hire
- Ineligible works
- Joint authorship
- Rights of reproduction, distribution, and display
- Derivative work and performance rights
- Moral rights; integrity of copyright management information
- Trademark protection of titles and other elements
- Basic versus subsidiary rights
- Author retention of subsidiary rights
- Copyright duration before 1978
- Lengthening of copyright duration in 1978
- US government works
- Uses of public-domain works
- “Life plus seventy”
- Works made for hire
- Anonymous and pseudonymous works
- Pre-1978 unpublished works
- Pre-1978 works published in the United States
- New copyright for new editions
- Pre-1978 works published outside the United States
- Eligibility for restoration
- Benefits of renewal
- Renewal by the author
- Renewal if the author is deceased
- Subdividing a copyright
- Exclusive versus nonexclusive licenses
- Goals of the parties to a license
- Payment
- Termination of transfers and licenses
- Changes to the rules
- Three different regimes
- Three elements of the notice
- Name used in the notice
- Placement of notice
- United States government materials
- Notice on derivative works
- Correcting mistakes
- Deposit requirements
- Registration forms and fees
- Need for accuracy and candor
- Benefits of registration
- Basic rights
- Basic book-contract provisions
- Option clauses
- Other contracts
- Transfers of rights
- Less than full rights
- Journal editors
- Edited books
- Symposium proceedings
- Copyright and graduate student work
- Open-access publishing models
- Creative Commons licenses
- Self-publishing agreements
- Categories of subsidiary rights
- Electronic-rights licensing
- Authors’ electronic use of their own works
- University licenses
- Public-access policies
- Economic considerations
- Handling permission requests
- The rights database
- Author’s copyright warranties
- Other warranties
- The role of counsel
- General principles for obtaining permissions
- Author’s role in obtaining permissions
- Interview and photo releases
- Author’s own work
- Fees and record keeping
- Permissions beyond the immediate use
- Permissions for unpublished works
- The missing copyright owner
- Non-copyright restrictions on archives
- Overview of the legal doctrine of fair use
- Validity of “rules of thumb”
- A few general rules related to fair use
- Epigraphs and interior monologues
- Fair use of unpublished works
- Paraphrasing
- Pictorial and graphic materials
- Charts, tables, and graphs
- Importance of attribution
- Unnecessary permissions
- Chicago’s fair-use guidelines
- Information required
- Sample permissions letters
- Digitizing and automating the permissions process
- Rights holders
- Stock agencies and image archives
- Information required
- Fees
- Credit lines
- Acknowledgments sections
- Responsibility for payment
- Anthologies