Contents

1 Introduction: Background and Acknowledgments 1
2 Why Is Copyright Important to You? 5

Scope of Copyright
3 What Works Are Protected by Copyright? 7
4 Eligibility for Copyright:
What Is an "Original Work of Authorship"? 9
5 Eligibility for Copyright:
What Is "Fixed in a Tangible Medium of Expression"? 11
6 What Works Are Not Protected by Copyright? 13
7 More Works That Cannot Be Copyrighted:
U.S. Government Works 15

Formalities and Duration

8 Formalities of Copyright: Copyright Notice and Registration 17
9 More about the Formalities of Copyright 19
10 How Long Do Copyrights Last? The Duration Question 21
11 How Long Do Copyrights Last? Unpublished Works 24
Owners and Rights
12 Who Owns the Copyright?
The General Rule and Some Exceptions 26
13 Who Owns the Copyright? Joint Copyright Ownership 29
14 Who Owns the Copyright?
Exceptions, Assignment, and Institutional Policies 31
15 The Expanding Rights of Copyright Owners 34
16 Rights of the Copyright Owner:
Reproduction and Distribution 38
17 Rights of the Copyright Owner: Derivative Works 40
18 Rights of the Copyright Owner:
Public Performance and Display 42
19 Exceptions to the Rights of Owners 44

Fair Use

20 Fair Use: What Exactly Is It? 48
21 Learning about Fair Use: Start with the Statute 50
22 The First Two Factors of Fair Use:
Purpose of the Use and Nature of the Copyrighted Work 53
23 The Factors of Fair Use:
Amount of the Work Used and Effect on the Market 55
24 Fair Use in the Courts:
Quoting from Copyrighted Works 58
25 Fair Use in the Courts: Photocopying for Education 61
26 Fair Use in the Courts:
More about Photocopying and Reproduction for Education 63
27 Fair Use and Unpublished Works 66
28 Experimenting with Fair Use:
Moving from Print to the Internet 69
29 Making Sense of Fair Use:
What About Fair-Use "Guidelines"? 72
30 Making Sense of Fair Use:
Fair-Use Guidelines and One University's Response 74

Special Exceptions

31 Displays and Performances in Distance Learning 77
32 Library Copying: A Statutory Provision of Its Own 81
33 Library Copying: Copies to Keep and Copies to Preserve 84
34 Library Copying: Copy Machines in the Library 89
Looking Ahead
35 Copyright and New Technologies: Computer Software 91
36 Copyright and New Technologies:
The World Wide Web 93
37 Requesting Permission from the Copyright Owner 95
38 Liability for Copyright Infringement 97
39 What Is at Stake in an Infringement Action? 100
40 Acting in Good Faith 103

Appendices