Intellectual Property 6

What about "fair use"? How much of a copyrighted work can I reprint without getting permission?

The answer depends on many factors, including your intended use. The fair use rule says portions of works may be reproduced for educational, news, commentary, or research without infringement under certain circumstances. The circumstances are decided on a case-by-case basis using all four of the following criteria:

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
  
• the nature of the copyrighted work
  
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole
  
• the effect of the use upon the potential market for or value of the copyright

In addition, a number of more specific guidelines are published for reproduction of text, music, and other works by educators and librarians. These are discussed in Copyright Office Circular 21, Reproduction of Copyrighted Works by Educators and Librarians.

Where do I get forms to copyright my work, and what do they cost?

You can get the forms free from the Copyright Office. (You pay a $30 registration fee when you return the completed form.) You can order them by phone by calling (202) 707-3000 or download them from the Copyright Office web site at http://www.copyright.gov. Be sure to get the right forms for the type of work you are registering. The forms and what they are used for are as follows: For Original Registration

• Form TX—for published and unpublished nondramatic literary works
  
• Form SE—for serials, works issued or intended to be issued in successive parts, such as periodicals, newspapers, magazines, newsletters, annuals, and journals
  
• Form PA—-for published and unpublished works of the performing arts (musical and dramatic works, pantomimes and choreographic works, motion pictures and other audiovisual works)
  
• Form VA—-for published and unpublished works of the visual arts (pictorial, graphic, and sculptural works)
  
• Form SR—for published and unpublished sound recordings For Renewals
  
• Form RE—for claims to renew copyright in works copyrighted under the law in effect through December 31, 1977 (1909 Copyright Act)
  For Corrections and Amplifications
• Form CA—for supplementary registration to correct or amplify an existing registration For a Group of Contributions to Periodicals
  
• Form GR/CP—for registration of a group of contributions to periodicals; gets filed in addition to application form TX, PA, or VA

How old do works have to be before I can assume they are in the public domain?

Anything published before 1922 should be in the public domain and safe to reprint.

If I copyright my work here in the United States is it protected in other countries, too?

Many foreign countries abide by the same international copyright conventions that the United States does, and your work would be protected under their local laws if you comply with the provisions of the conventions. You can get a list of countries that honor U.S. copyrights from the U.S. Copyright Office. If someone in another country infringed on your copyright, you probably would have to sue in that country.

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