Understanding Copyright: Author's Edition

By Teresa Lynn

•    What copyright is •    What copyright covers •    When and how to register copyright •    Fair Use •    Using real people and places •    What to do if your work is stolen •    How to transfer copyright

• Language: English
• Publisher: Tranquility Press
• Release date: Sep 3, 2019
• ISBN: 9781950481118

Book preview

Understanding Copyright:

Author’s Edition

Understanding Copyright:

Author’s Edition

Teresa Lynn

Tranquility Press 2019

Understanding Copyright: Author’s Edition

© Teresa Lynn 2019 All rights reserved

No part of this book may be reproduced, adapted, distributed, displayed, copied, or used in any manner whatsoever, except for brief quotations embodied within a review, without written permission.

For information:

Tranquility Press

TranquilityPress.com

723 W University Ave

#300-234

Georgetown TX 78626

The information contained herein is for informational and educational purposes only. It does not constitute legal advice. Consult an attorney for advice concerning copyright law.

Paperback ISBN: 978-1-950481-12-5

e-book ISBN: 978-1-950481-11-8

Library of Congress Control Number:2019947682

Library of Congress Cataloging-in-Publication Data

Names: Lynn, Teresa, 1969- author

Title: Understanding copyright : authors edition / Teresa Lynn

Description:  | Austin, Texas : Tranquility Press, 2019 | Includes bibliographical references

Identifiers: LCCN 2019947682 (print) |

ISBN 978-1-950481-12-5 (print) | 978-1-950481-11-8 (e-book)

Subjects: LCSH: Copyright—United States.

Classification: LCC KF2995 | LCC KF3020 |

DDC 346.7304/82-dc23

Contents

Note from the Author

Chapter 1: What Is Copyright?

What Copyright Is Not

Chapter 2: Fair Use

Chapter 3: What Does Copyright Cover?

What Copyright Does Not Cover

Chapter 4: Who Owns the Copyright?

Chapter 5: How Long Does Copyright Last?

Handy charts

Chapter 6: Protecting Your Rights

Chapter 7: How to Find a Copyright Owner

Obtaining Permission for Use

Chapter 8: Online Works: How Are They Different

Chapter 9: Special Considerations

Book Covers and Illustrations

Music

Film & Video

Chapter 10: Conveyance

Literary Estates

Chapter 11: Trademarks

Chapter 12: Other Limitations

Where to Find More Information

About the Author

Disclaimer

Note from the Author

I am not an attorney. I am a writer, an editor, and a publisher.

In each of these capacities, I often run into issues dealing with copyright. Misunderstandings about this topic abound. I’ve spent many hours reading copyright law, studying guidelines from the US Copyright Office, and consulting with attorneys to keep both myself and my clients from running afoul of the law.

The purpose of this book is to share some educational information on the issues that arise most often for writers. It is not, and should not be considered or taken as, legal advice.

Please note that while every effort has been made toward accuracy, laws—including those dealing with copyright—are subject to change at any time; and they often do. Therefore, always seek the advice of an attorney specializing in intellectual property regarding any specific questions about your own work.

Teresa Lynn

August 2019

Chapter 1

What Is Copyright?

Although we speak of copyright in the singular, that is misleading. Copyright is actually several separate rights, bundled together and treated as one. Each of these rights is exclusive to the holder, or owner, of the copyright. 

The rights included in copyright are:

1)  to reproduce the copyrighted work;

2)  to prepare derivative works based upon the copyrighted work;

3)  to distribute copies of the copyrighted work to the public for compensation or by transfer of ownership;

4)  to perform the copyrighted work publicly;

5)  to display the copyrighted work publicly; and

6)  in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Let’s examine each of these rights individually.

Right to Reproduce

When discussing copyright, the right to reproduce is often the one that first comes to mind. Reproducing means duplicating or copying by any method, including manually, mechanically, electronically or digitally.

Everyday Application

Saving a photo or meme you find online and then posting it on your social media is a form of reproducing. Since that’s a right reserved to the copyright owner, it shouldn’t be done without permission.

Right to Prepare Derivatives

Next is the right to prepare derivative works. A derivative work is created by transforming some aspect of one or more existing works to create a new form of the work. To qualify as a derivative work under the law, the new work must use a substantial amount of the preexisting work. This means the new work must contain enough of the preexisting work that an average person would recognize that it was adapted from the previous work. There are several ways this right could be exercised by writers: adapting a book into a screenplay or play; translating a book into