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There are three parts to copyright research. First, you must isolate elements that are necessary to perform your research. For example, you must examine the work for clues such as copyright notice or publication date that will assist in your research. Second, you must define a method of searching copyright records. You may choose to have the Copyright Office perform the research or you may attempt to search copyright records via the Telnet system on the Internet. Finally, you must initiate the search and examine the documents that are retrieved. This section discusses the first step --an examination of the work.
When doing a physical review of the work you want to use, your goal is to find information that will assist in locating copyright documents in the Copyright Office records. Check the work you want to use for the following information:
- Copyright notice. The copyright notice is usually on or near the title page of a book; visible at the end of a movie; printed on a compact disc cover or video box; or stamped on the back of a photograph or artwork. For computer programs, it can be located in the Help File under "About this Program." The copyright notice has three parts: the "c" in a circle ((c)) or the word "copyright," the date of first publication (or, in rare cases, the date of registration) and the name of the copyright owner.
- Title of the work. Since Copyright Office records are indexed by title, the title of the work is one of the most important elements in copyright research. Alternative titles may also be helpful (both main and alternative titles are usually listed on the copyright registration).
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Name(s) of author(s). The name of the author of most works such as books, photos and paintings is usually easy to locate. Like the title, the name of the author is helpful when searching Copyright Office records because it is usually listed on every copyright document pertaining to that work. Pseudonyms are also traceable in the Copyright Office. Even "Anonymous," as a listing for an author, when cross-referenced with the title, can be helpful in locating a work.
- The name of the copyright owner. This may be the author, publisher or producer of a work. The likely name of the owner is listed in the copyright notice. We say "likely" because you can never rely solely on the copyright notice for determining the current copyright owner. If you're dealing with an older work, for example, it's possible that the ownership may have been transferred or reclaimed since publication. However, the name of the owner listed in the copyright notice can be helpful as a starting point for your copyright search.
- Year of publication or registration. The work you are examining will probably list the year of its publication. The date of publication is ordinarily contained in the copyright notice. This date usually (though not always) indicates when copyright protection began. We say "usually" because the year may simply be the year that this particular version of the work was first published.
EXAMPLE: Bruce first publishes a book on guitar repair in 1980. He updates it in 1998. The copyright notice on the new version states 1998, so this notice really refers only to the new material in the update. The publication date for the earlier material is still 1980.
What If the Copyright Notice Does Not Include the Date?
Because certain industries successfully lobbied Congress for the right to omit the year on copyright notice, it's possible that the copyright notice may not include the date of first publication. The date can be omitted on greeting cards, stationery, jewelry, toys or useful articles on which a photograph, graphic or sculptural work (and accompanying text) appears --for example a greeting card may include the notice, "(c) Hallmark Greetings. " In cases where no date is provided, you may need to research Copyright Office records to verify the date of first publication.
- Title, volume or issue of serialized publication. If the work you want to use was originally published as a part of a periodical or collection, the title of that publication (for example, Life magazine) and other information, such as the volume or issue number, may be useful in searching the Copyright Office records.
- Underlying works and works contained within works. Many works, referred to as "derivatives," are based upon other works. For example, motion pictures are often based on books or plays. The work upon which another is based is referred to as the "source" or "underlying" work. For instance, the movie Jurassic Park is based upon the novel of the same name. Copyright information about a source work such as its title or author can often be found within the derivative. For example, the motion picture Jurassic Park indicates in its opening credits, "Based upon the novel, Jurassic Park, by Michael Crichton."
- Identifying numbers. Identifying numbers, particularly the registration number or any other indexing data, may help in your copyright search. Many media industries have a system of cataloguing works. For example, publishers use ISBNs (International Standard Book Numbers) or ISSNs (International Standard Serial Numbers for serialized publications). The Library of Congress has its own catalog system known as the LCCN (Library of Congress Catalog Number). These numbers, which are usually located on the same page as the copyright notice, may prove helpful in identifying works when performing copyright research.
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of the Leland Stanford Junior University. With the exception of the Nolo Copyright and Fair Use Overview, this work is
licensed under a Creative Commons
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