Chapter-1 Introduction to Copyright Act

This report introduces several fundamental concepts of copyright law and discusses their relevance to digitized works as well as the linking to and the framing of digitized works. Digital works of authorship are considered within the broad concept of multimedia, which is generally understood to mean the storage of digital information and the presentation of digital information consisting of a combination of sound, moving images, still images, and text. The body of copyright law, which is extensive and detailed, is found in federal statutes. An outstanding source for information on copyright law, as well as its application, is the multi-volume treatise, NIMMER ON COPYRIGHT. Authors are under the constant challenge of protecting and controlling the rights to their works against the onslaught of evolving technologies. New technologies have made works of authorship ever more accessible to the public while at the same time facilitating the unauthorized coping and distribution of their works. This has been the lot of authors since the invention of the printing press in 1451. Laws allocating the economic interest represented by an author's work followed shortly the reafter. Typically, the laws provided more protection to the publisher of the author's work, the to the author of the work. As new technologies have become available; the Daguerreotype in 1837, the phonograph in 1878, the player piano in 1850, Xerography and magnetic tape recordings in the 1930's, affordable video tape recorders in the 1970's, personal computers and digital recordings in the 1980's, and easy access to the Internet in the 1990's, to name just a few, copyright law has struggled to balance t he rights of authors to their original works and the access of the public to the information contained in the works. The Internet that is often referred to as the "National Information Highway" or simply, the "World Wide Web" permits worldwide communication with a capability for the instant transfer of information. The World Wide Web is a "hypertext" medium, allowing website creators to easily insert "jump links" to any other pages on the system. Indeed, this hyper linking capability may be the Web's most fundamental and revolutionary feature, as the aggregate of millions of these individual hyperlinks creates a truly global interconnected web of information. Once a newly created works of authorship is made available on the Internet, the author's control of that work is at best problematic. Contrary to the costs associated with the production and distribution of works of authorship by the traditional printing and publishing industries, the Internet makes possible the
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distribution, reproduction, linking, framing, uploading and downloading of sound, video, graphics, and text to relatively inexpensive computers and even televisions that have been equipped with an appropriate interface. As more and more activity migrates to cyberspace (and as those activities come to have more and more financial consequences), we will b e presented with a host of new legal questions and an increasingly uncomfortable fit between our pre-existing legal doctrine and new activities. Creators, authors, and publishers of digital information now find themselves in a poorly charted Cyberspace that knows no national boundaries.

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What is a Copyright?

Copyright is a form of intellectual property. Intellectual property includes intangible assets such as works of authorship, ideas, and business goodwill. Intellectual property laws protect these intangible assets. Protection is secured through four separate bodies of law, patent law, trade secret law, trademark law, and copyright law. Patent law protects new, useful, and non obvious inventions. Trade secret law protects any formula, pattern, practice, device or compilation of information us ed in business that provides an advantage over competitors who do not know or use it. Trademark law protects words and symbols that are used in connection with products and services and are tangible representations of business goodwill associated with those products and services. Finally, copyright law protects the expressions contained in original works of authorship.

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The Source of Copyright Protection

The United States Constitution grants Congress the power "to Promote the Progress of Science by securing for limited Times to Authors the exclusive Right to their Writings." The Copyright Revision Act of 1976 was the first major revision of United States copyright law since 1909. Before it became effective on January 1, 1978, both federal and common law copyright protection existed for original works of author ship. The Copyright Revision Act preempted common law copyright protection by providing copyright protection for both published and unpublished works as long as the work is fixed in tangible form. Previously, statutory protection was available only to authors who registered their works with the Copyright Office. The Copyright Office, a branch of the Library of Congress, still administers federal copyright registration.

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The Berne Convention Implementation Act amended the Copyright Revision Act to harmonize several aspects of U.S. copyright law with the Berne Convention. By becoming a member of the Berne Convention, the U.S. obtained immediate copyright relations for the first time with 24 nations. The U.S. also endorsed the importance of protecting intellectual property through adherence to this international treaty. The Copyright Act of 1976 has been amended numerous times to address, for example, the rights of visual artists, the protection of architectural work, and computer software rental issues. Visual artists now have certain limited "moral rights" in their works. Architectural works have now been given clear protection under copyright law. Moreover, it is now a violation of copyright law for an owner of a particular copy of software to rent, lease, or lend that copy, for direct or indirect commercial advantage, without the copyright owner's permission.

1.3

What Does Copyright Law Protect?

Federal copyright law provides that copyright protection subsists in original works of authorship. This means that a copyright protects the expression of an idea. Any expression or work of authorship is automatically and instantly protected once it is fixed in any tangible medium, such as on paper, video, audio, disk, tape, computer memory, etc. Examples of protectable works include books, advertisements, movies, educational materials, computer software, and even stuffed animals and dolls. What copyright law does not protect is the idea embodied in the expression. Unless the idea is protected by another form of intellectual property right, such as a patent or trade secret, the public is free to use it. It is often difficult to distinguish between the expression of the idea, which may not be infringed or copied without authorization, and the idea, which is available to all. For example, copyright in a photograph of an object protects only that particular image of the object as captured in that single photograph. Copyright does not keep the public from making its own image. The idea of what to make the subject of a photograph is not protected by copyright. Thus, although the public may make its own version of the image of the photographed object, it may not copy the photograph itself, such as by photocopying or the like. (This assumes that the object being photographed is not itself the subject of a copyright.) Likewise, writing the instructions for a manufacturing process or a manual for the operation of a machine protects only that particular "expression" of the instructions or manual. Copyright will
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not protect against another's use of the process or machine. It is not unreasonable to assume that many of the works that are available in a multimedia environment or from source works for the development of a multimedia environment are protected under federal copyright law. Everyone is free to write their own version of the process instructions or an operations manual as long as they do not copy the original instructions or manual. 4 .

including any accompanying music. either directly or with the aid of a machine or a device. or otherwise communicated for a period of more than transitory duration. 5 . Dramatic works. graphic. the level of creativity required is very low and a work satisfies the originality requirement as long as it possesses some creative spark. or other human or machine readable format. including any accompanying words. and sculpture works. "the vast majority of works make the grade quite easily. according to the statute. reproduced. no matter how crude. or otherwise communicated. The work can be fixed. humble. magnetic tape. a computer disk. Musical works.The originality requirement of copyright law means merely that the work was independently created by the author and possesses some minimal degree of creativity.The text of the statute states that works of authorship include the following categories:         Literary works. There is no requirement that the work meets certain creative standards. as they possess some creative spark. Rather. now known or later developed."  Works of Authorship -. The United States Supreme Court has sta ted that. Motion pictures and other audiovisual works.  Fixed in a Tangible Form -.Chapter-2 Copyrightable Subject Matter and Ownership Copyright protection exists in (1) original (2) works of authorship (3) fixed in any tangible medium of expression. in any tangible medium of expression. and Architectural works. film. memory chips.  Original -. from which they can be perceived. Pictorial. Pantomimes and choreographic works. A work is "fixed" when it is sufficiently permanent or stable to permit it to be perceived. reproduced. or obvious.The 1976 Copyright Act protects all works of authorship from the moment that they are fixed in a tangible form be it paper. Sound Recordings.

now known or later developed. In the case of a work made for hire. "Work for hire" is a defined term in the copyright statute.1 The Creation of a Work of Authorship and Copyright Ownership The creation of a work of authorship does not necessarily guarantee ownership of the copyright. as a compilation. in some instances. if any. or electronic equipment. not the initial own er of the copyright. viewers. 2. the employer or other person for whom the work was prepared is considered the author for purposes of copyright law. One line of cases allows that a work load ed into a computer's random access memory is sufficiently fixed. reproduced or otherwise communicated. regardless of the nature of the material objects. as a translation. The authors of a joint work are co-owners of the copyright in the work. such as films or tapes. from which it can be perceived. 6 . either directly or with the aid of a machine or device. Two categories of work for hire are codified: (1) a work prepared by an employee within the scope of his or her employment. as an instructional text. the ownership of the copyright in a work that is protected under United States copyright law vests initially in the author or author s of a work. as a test. as a part of a motion picture or other audiovisual work. However. The statute defines audiovisual work as works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors. as a supplementary work. the employer owns all of the rights comprised in the copyright of a work prepared by an employee in the course of employment. Of interest is the definition of "audiovisual work" in the creation of digital information within the concept of a work for hire. if the parties expressly agree in a written instrument signed by them that the work shall be considered a work for hire. Here again the work is considered sufficiently fixed under the principles of copyright law. in which the works are embodied. together with acc ompanying sounds. as answer material for a test or as an atlas. the creator or creators of a work are not considered under the law to be the "author" of the work and therefore. Unless the parties have expressly agreed otherwise in a written instrument signed by them. Computer video games are works that are created in order to permit the player to alter the game's video images. Generally. and (2) a work specially ordered or commissioned for use as a contribution to a collective work.

7 . What you as the owner of the book may take from or do with the work of authorship embodied in the book will ultimately be defined within the amorphous zone of protection provided by the doctrine of fair use. nor. does not itself convey any rig hts in the copyrighted work embodied in the object. does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object. Ownership of a copyright. or any of the exclus ive rights under a copyright.2 Ownership of the Copyright and Ownership of Material Object The statute clearly distinguishes between the ownership of copyright and the ownership of the material object in which the copyrighted work of authorship is embodied. such as making a complete copy of the book or making a movie from it. engage in any of the exclusive rights of the owner of the copyright. For example. you may purchase a copy of a book and you own that physical copy. Transfer of ownership of any material object. You may not. sell.2. however. or destroy it. including the copy or phonorecord in which the work is first fixed. in the absence of an agreement. being free to lend. is distinct from ownership of any material object in which the work is embodied.

Chapter-3 Copyright Protection and Exclusive Rights 3. e. Additionally. Works created on or after March 1. In the case of a joint work by two or more authors. The work for hire doctrine does not exte nd to all consultants. 1989. a minimum level of protection is immediate and automatic. are also works for hire. 1978. no copyright may have ever existed. The copyright in a work for hire has a term of 75 years from the da te of publication or 100 years from its creation. An author's failure to comply with the notice requirements could cause the work to enter into the public domain. An objective of copyright law is to secure for limited times to authors the exclusive rights to their works.Copyright. Works create d before that date are subject to a variety of considerations in determining whether or not they are protected by copyright.. whichever expires first. copyrightable material created by an individual in the course of employment is considered to be a work for hire. e. which are identified in the statute as being specially ordered or commissioned. 8 .g. A copyright held by an individual author has a term consisting of the life of the author plus 50 years. There is no need to take any formal action to protect the work. the word &q uot. the term consists of the life of the author who last dies plus 50 years.1 The Term of Copyright Protection Once a work is fixed in a tangible medium of expression. it is important to note that the time frames of protection described above apply to works created since January 1. certain other works. unless certain statutory requirements were complied with. Accordingly. in certain circumstances consultants must be contractually obliged to assign the ownership of the copyright in any work that they create in their capacity as a consultant. Additionally. do not require a formal notice of copyright. The copyright statute defines a second type of work as a "work for hire. Prior to March 1. 1989.g. The result of this objective is that every work will eventually enter into the public domain where it will be freely accessible to all. United States copyright law required that published works h ad to bear a correct copyright notice." Fo r example.. a consultant writing software code. and the name of the owner of the copyright. Depending upon both the date and place that a work was first published." the year of first publication. Ownership of the copyright vests automatically in the employer.

and  in the case of literary. the owner of the copyright in a literary work may grant any one of a variety of licenses to one or more separate licensees to authorize the use of one or more of the owner's exclusive rights in the copyright bundle of rights. to adapt the work as a musical for the stage. the copyright owner who is a U.3. or sculptural works. or by rental. The capacity to create specific license grants consisting of a very narrow or limited scope under 9 . But this list is not exclusive. musical.2 The Use of a Copyright Notice and Copyright Registration Under United States law prior to 1989. A proper copyright notice consists of the word "Copyright" or the symbol •. 3. including the individual images of a motion picture or other audiovisual work. the United States began to follow much of the rest of the world in eliminating formal notice requirements. The scope of a license may permit a licensee to publish a hard cover or a paperback book. or a short story for television. dramatic and choreographic works.  The owner of a copyright is often described as holding a "bundle" of rights.  in the case of literary. to produce a dramatic play for the theater.S. or lending. a screenplay for the cinema. musical. to prepare derivative works based upon the copyrighted work. Yet it remains a prudent practice to give formal notice of a claim of copyright in order to pre vent an infringer from raising the defense of innocent infringement. and the date of publication or creation. and pictorial.3 Copyright Secures Exclusive Rights The owner of a copyright has certain exclusive rights:    to reproduce the copyrighted work in copies or phonrecords. pantomimes and motion pictures and other audiovisual works. a formal notice of claim to copyright was mandatory. to display the copyrighted work publicly. national may bring an infringement action only if the work has been registered in the United States Copyright Office. dramatic and choreographic works. However. pantomimes. to distribute copies or phonrecords of the work to the public by sale or other transfer of ownership. lease. Although copyrightable works are automatically protected upon creation. graphic. to perform the work publicly. or to develop a computer game or multimedia CD-ROM. For example. Some of the many rights in this bundle are shown in the foregoing list. in 1989. the name of the author or owner of the copyright.

and money are not 10 . Any of the exclusive rights comprised in a copyright. a scope of use restriction must be carefully crafted to avoid the inadvertent granting of rights beyond those intended to be granted by the copyright owner or less than those expected by the licensee. to the extent of that right. The statute also provides details on the recordation of copyright transfers and the termination of transfers and licenses granted by the author. For example. The ownership may be transferred in whole or in part by any means of conveyance or by operation of law. may be transferred in the same manner as just described and owned separately. and may be bequeathed by will or pass as personal property by the application of laws of intestate succession. including the subdivision of any of these rights. both the copyright owner (licensor) and the licensee must be certain that the licensor possess the right to grant the scope of rights needed. low cost availability of such copying technology infringement was often an expensive undertaking that required commercial equipment such as printing presses. 3. does an exclusive license to publish a book include the rights to create a paper version as well as an electronic version of the book either as a book on cassette tape or a book that is viewed on a computer through the use of a CD-ROM? In addition to determining if the appropriate scope of rights is secured under the terms and conditions of a license. Talent. without knowledge of the author's work or access to it. to all of the protection and remedies accorded to the copyright holder under the statute.4 Violation of the Exclusive Rights Anyone who violates any of these exclusive rights has infringed the copyright. and personal computers presented the opportunity for copyright infringement to become a cottage industry. video tape recorders. independently creates an identical or similar work. Therefore.the copyright owner's bundle of rights is constrained only by the bounds of the creativity possessed by the drafter of the license agreement. but it does not protect against someone who. A copyright protects the author against others who copy the work without permission. Have those rights already been the subject of a license grant to another? The copyright statute addresses the transfer of ownership of copyright. The advent of photocopying technology. The owner of any particular exclusive right is entitled. Before the wide spread. skill.

A derivative work is based upon on e or more pre-existing works. Nonetheless. An interesting concept within copyright law is the distinction between an ultimate work that may not be a derivative work and the numerous interim reproductions created in the course of the development o f the ultimate work. it is not likely to be answered in such a way as to provide comfort and guidance to either the owner of the copyright o r to the public. infringement of a complex software program that may have taken years to develop can be accomplished with a simple DOS command: copy *. some digital information that is in the public domain and therefore free to the public to use is marked with a copyright notice. Issues range from alleged damages for the unauthorized reproduction and distribution of copyrighted musical compositions through user postings on online bulletin boards. Numerous law suits seeking to establish electronic rights have been filed. 11 . cropping. reproduction of the earlier work often was not necessary in order to create the new.*. Now. Moreover. Under United States law. Copyright law permits an author access to the copyright protected expression of another author's work when creating a new work so long as the new work is not substantially similar to the earlier work. A false copyright notices creates confusion f or the public and a chilling effect on the free access to and use of information.prerequisites to infringement. and other transformations of underlying content are a common practice in multimedia productions. the Internet knows no national boundaries and with copyright law based in national law. It is fair to assume that much of the information available on the Internet is comprised of multiple works in different media which are re-constituted into a new creation or ultimate work that may or may not fall within copyright's definition of a derivative work. This doctrine is entirely equitable and is so flexible as virtually to defy definition. Additionally. it will be discussed below. Under more traditional forms of technology (read that to mean prior to the personal computer and the Internet). The fair use doctrine authorizes certain uses of a copyrighted work without the prior permission of the copyright holder. Editing. what is permitted use of a copyrighted work in one nation may be an act of copyright infringement in another nation. not every act of copying constitutes a violation of the exclusive rights and therefore an act of copyright infringement. On the Internet. Among the bundle of exclusive rights is the right to create a derivative work. to the unauthorized digitized transmission of print media. morphing. In fact. the question of what actually constitutes an act of infringement is yet to be fully answered.

The tension between what the public is free to use and what the owner of a copyright may control is resolved by copyright law through the limited term of copyright protection granted and the doctrine of fair use. and   the effect of the use upon the potential market for or value of the copyrighted work.dissimilar work because the earlier work existed in the memory of the author or in an authorized copy that did not lend itself to change. CMS is a vehicle for the enforcement of a copyright owner's exclusive rights. the holding of the lower court was overturned. the amount and substantiality of the portion used in relation to the copyrighted work as a whole. The fair use doctrine excuses an act of copying that would otherwise be an act of copyright infringement. As technology has made copying a work easier. Copyright Management Systems (CMS) provide one such technological solution to controlling access to di gital information. CMS does not apply fair use principles to the public's access to a digital work. 3. The copyright statute which has incorporated this doctrine states that in determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:  the purpose and character of the use. Appeals focusing on the defense of fair use to a claim of copyright infringement have reached The Supreme Court of the United States three times since 1984. Additionally.   the nature of the copyrighted work. teaching. and scholarly comment are all fair uses of copyrighted works. It i s not unfair to say that fair use is the most troublesome doctrine in the whole of copyright law. Copyright Management Systems presents what some have called a remedial overkill that sanctions an Orwellian supervision of the public's use of digital information. The doctrine of "fair use" permits certain acts of copying.5 Limitations on Exclusive Rights: Fair Use Not every act of copying constitutes copyright infringement. criticism. thus potentially excluding all permitted and fair uses. Under the doctrine. However. including whether such use is of a commercial nature or is for nonprofit educational purposes. Typically. news reporting. any copying that has a commercial component to it most likely 12 . technology is also presenting the means to remove from the public access to works which copyright law might not otherwise proscribe. In each of these cases.

including CNN. Now. by going to the Total News site. Sidewalk informs you that you may be able to purchase tickets through Ticketmaster (and it both provides some information about Ticketmaster's operations and a link to the Ticketmaster website). 3. allowing web site creators to easily insert "jump links" to any other pages on the Internet. as more money became involved. In fact.).e.. It was surely inevitable that disputes would arise about the permissible scope of this activity. Plaintiffs are objecting to having their web sites included on that set of links. has filed suit in federal district court to try to prevent this. hyperlinking is at the heart of two recent lawsuits involving some pretty highprofile players. Reuters. What's going on here? In a word -.Com a city guide with information about upcoming events in the Seattle area. people who have objected to finding a link to their web page on some website they deem unsavory for one reason or another -. In one. why would CNN. plaintiffs are asserting that the way that defendants link to their page deprives the plaintiffs of advertising revenue that is properly 13 . The Economist. and the Wall Street Journal -. which (among other things) runs. or Ticketmaster. TotalNews. eventually. sports news (ESPNet.com is a website that brings together links to a variety of sources of news on the Web." Many of these disputes have been resolved informally.will not be a fair use. Ticketmaster. or permissible fair use? The World Wide Web is a "hypertext" medium. a user can find a page with a set of links to other websites providing political news (C-Span.has sued an Internet operation known as Total News. The defendant in the second suit is none other than Microsoft Corporation.Sidewalk. a group of news organizations -.).and one rarely hears of one party suing another for sending customers to their store. etc.6 The Link to Liability: Copyright infringement. Fox Sports. In both suits. a woman who placed a picture of her recently deceased daughter on a web page in honor of her memory. or Time. Time. For those events that require tickets. Thus.in one instance. And sure enough. to litigation). like the news organizations involved in the Total News dispute. For example. found it linked from a site labeled "Babes on the Net.advertising (and advertising dollars). Nevertheless. some disputants would turn to more expensive forms of dispute resolution (i. etc. Seattle. Seattle. and the like. photocopying magazine articles for distribution rather than purchasing additional copies of the magazine can constitute copyright infringement. object to a link to their pages? Isn't the whole point of having a web page to attract users? These hyperlinks are like referrals -.

as is a business' telephone number listed at the bottom of an advertisement. Litigation. Total News. from relatively well-defined 14 . permissible. showing you the advertising that Total News has sold (which squeezes any advertising that ABC may contain into a smaller area on your screen). courts will have to do just that.but the Total News border continues to sit there. for example. Plaintiffs will undoubtedly throw in as many different claims from as many of these pre-existing legal pigeonholes as they can. depriving Ticketmaster of favorable advertising business" and that its actions constitute "electronic piracy. Precisely because hyperlinking (of a sort) appears as a (small) part of so many different activities. surrounds its web page with a "frame" -. for example -.touch upon different aspects of the question regarding the extent to which hyperlinking-type activity is. there's lots of law scattered about the legal landscape governing hyperlinking activity. there has never been a need to gather it together into a coherent theory of hyperlinking or a coherent legal doctrine neatly labeled "The Permissible Scope of Hyperlinking. the real world is full of hyperlinks. a footnote in an article.trademark law. two things are noteworthy at the outset. or is not.functions as a kind of "hyperlink" to a "database" of information about specific companies that consumers carry around with them in their heads. is a kind of hyperlink. say. unfair competition. The telephone book itself is nothing more than a collection of hyperlinks. First is the way in which this question illuminates the way in which Internet legal questions are (and are not) "new. Ticketmaster asserts that Microsoft. you click on the link to ABC's web page.theirs. drawing these disparate strands and fragments together into some sort of coherent whole." But in the face of a medium whose very existence and viability is defined by its hyperlinking capabilities. However." These cases thus present the rather intriguing question: Does the law grant website operators any control over the manner in which individual hyperlinks to their site can be constructed? As the Ticketmaster and Total News cases (and the others that no doubt will follow) begin their journey through the legal system. or an entry in a book index. misrepresentation -. is an imperfect vehicle for constructing coherent doctrine.a border that appears on the screen that contains advertising sold by Total News (or other messages that Total News wants you to see). by linking to the Ticketmaster website. Many legal doctrines -.the golden arches." If you think about it a bit. Similarly. and even a familiar commercial logo -. you will indeed see the ABC page -. "has gained revenue from advertising made a part of Microsoft's website. of course. Things get interesting now: if. copyright law. privacy.

(Some. similarly.' Ticketmaster can easily program its site to prohibit access to anyone coming in from Seattle. the Times will then respond with another trick. But slowly. Military officers are often derided for planning to fight the previous war ù do we lawyers face a similar fate? 3. The role of the courtroom as a place where rules of conduct are constructed may be substantially undermined in this context.7 What are the Moral Rights of the Author ? The U. and independent of the comparatively glacial pace of legal change. and. if you're interested. copyright statute provides the creators of "visual art" with some limited protection against unauthorized modifications to their works that will prejudice the creator's honor or reputation. will it turn to its techies. as opposed to economic. any news organizations can insert a few lines of code in its website program to prevent Total News from retaining its frames around the site.presto! -. Technology can take away what it give. and see what sticks. and on and on it will go. and we may have long forgotten the conduct that started these disputes.the Total News frame disappears). go to Total News and explore the link to the New York Times website and -. a sensible framework may indeed emerge. over the course of many such suits and court decisions.the time frame of response and counter-response will be compressed and foreshortened.com. to be the first line of defense? So while the legal system plods on. interests in the work of authorship. The doctrine of moral rights protects a creator's personal. we're probably going to see a kind of technological "arms race" involving these (and perhaps most) Internet property disputes. 15 . or its lawyers.S. And this will all happen on "Internet time" -. in fact. Total News will undoubtedly come up with a few lines of code of its own to defeat the Times' efforts.trademark infringement claims to the more "flexible" doctrines like commercial misappropriation and unfair competition. By the time the courts get around to providing an authoritative determination regarding the "right" of website owners to control linking t o their sites. This provision is a rather limited recognition of what is known as "moral rights". the technology of linking will probably look nothing like what we see today. So you might ask yourself: if your client wants to protect its website against this framing activity. have already done so. It's important to note that these two lawsuits have something else in common: both involve problems for which there are relatively simple technology 'fixes.sidewalk. But slowly is the operative word.

The meager moral rights recognized under U. and newspapers. perhaps the most important of the moral rights. the author has the right to claim authorship of the work and to object to any distortion. and even after the transfer of these rights. the right of attribution.     the right of disclosure. models.In contrast to the United States.S. or other derogatory action in relation to. 16 . For example. The creator is the only party who can posses any rights in an uncompleted work. drawing. the work. electronic publications. The right of disclosure protects the creator's right to be the sole judge of when a work is ready for public dissemination. the right of integrity. Moral rights encompasses three major components. The right of attribution safeguards a creator's rights to compel recognition for a work and to prevent others from naming anyone else as the creator or author. And finally. The right of attribution is often called the right of paternity. or sculpture that is limited to 200 copies or fewer. and the right of integrity. Berne recognizes that independent of the author's economic rights. motion pictures. prohibits any alterations of a creator's works that will destroy the spirit and character of the works. protected works of visual art must be signed by the author and consecutively numbered. periodicals. books. the definition of visual art specifically excludes. a work of visual art is defined as a painting. posters. which would be prejudicial to the author's honor or reputation. for example. copyright law apply only to a limited class of artistic works. Moreover. mutilation or other modification of. many European and Third World nations have well-developed moral rights doctrines that fully embrace the Berne Convention for the Protection of Literary and Artistic Works. It also protects a creator's negative rights of anonymity and pseudonymity. In contrast to the rather short list of protected works.

where the deposit of a copy would prove to be a burden if only a single copy exists and is considered a valuable piece of art.Chapter-4 Copyright Registration Copyright registration exists for the sole purpose of keeping records of copyrighted works or materials. Individuals that have the intention of publishing or commercially distributing their works are required to register and deposit the appropriate copies as part of the process. the United States Copyright Office may make exemptions regarding the materials that are required to be deposited. The application itself has its proper requirements regarding the necessary materials and information regarding the work or material being submitted for registration. Copyright is an inherent international right for an individual as provided under the Berne Convention Implementation Act of 1988. 4. it also directly applies to copyright deposit. thus making it unfair for the artists to be 17 . The copyright process itself may prove to be challenging for it provides for different guidelines depending on the context or nature of the work being submitted for review and eventual registration. as well as the Copyright Act of 1790 under United States legislation. An example would be an individual seeking the copyright of a limited edition sculpture. Though copyright registration is not necessary or required for securing a copyright. Copyrights can be registered by filing an application with the United States Copyright Office. The proper registering of a copyright is not necessary in the actual ownership of a copyright. In certain cases. it is necessary for a published work to be registered in order be eligible or able to file a lawsuit concerning copyright infringement. Under law. it is strongly recommended for published or commercially-distributed works.1 Copyright Deposit Copyright deposit is the mandatory legal requirement of the actual submission of copies of actual works or materials that are being considered for copyright registration. for it only is necessary for the registration process. Because copyright registration is not necessary to obtain a copyright. Copyright deposit is part of the copyright registration process and is legally required in order to verify that the works or materials are eligible to be copyrighted. for it protects the copyright owner from infringement violations.

for the registration process. 4. Preregistration is offered to those who seek to register certain types of works such as motion pictures. Preregistration allows for the work to be protected as it is completed. music recordings and compositions. for under regulation provision of copyright law a work must be first published and registered to allow for a proper copyright infringement lawsuit to be filed. However. and literary works to be published in book form. Some may choose the electronic option. the copyright office may simply ask for visual proof.3 Copyright Application The copyright application is provided by the United States Copyright Office and is necessary to be completed in order to begin the copyright registration process. such as photographs. with the intention of publication or commercial distribution or availability of said work. must undertake the regular registration process once the work is completed and published as mandated by copyright law. The preregistration option exists for those works that are currently under production or have begun produced and are unfinished. Preregistration is not necessary and does not replace the original copyright registration progress. and if preregistered. It only exists for further protection and consideration of the owner of the copyright and the work itself. In such a case. which provides for an electronic application. computer programs. Paper applications are also available online as well.2 Preregistration Preregistration is a relatively new process instituted by the United States Copyright Office that is meant to further protect individuals from copyright infringement. sound recordings.mandated to make a deposit. An individual may fill out the form on 18 . Copyright applications are available through the Copyright Office's website in various forms. because of the nature of the copyright registration process. The Copyright Office strongly encourages and recommends application through the eCO. The eCO application allows for the copyright application and registration process to be more efficient and is simpler and more cost effective for the person submitting the application. but must also print out a Shipping Slip so they can submit copies of their work that cannot be processed or submitted online. or Electronic Copyright Office. video games. 4. only certain types of works or materials are eligible for the eCO application.

electronic or traditional paper. Only certain types of materials or works can be considered eligible for an online application. The United States Copyright offers both online and paper methods for the application process to be considered for the person's convenience and preference.screen and print it out in its completed form to be submitted with the proper copies of the works being considered for copyright registration. as well as to meet the certain requirements imposed by the Copyright Office and registration process. the paper applications are available to be printed out on the Copyright Office's website as well. However. However. 4. regardless of which method is employed. the application can be completed and submitted electronically. depending on the option employed by an individual seeking to register a work or type of material. depending on the nature of the work or material being registered. which is categorized depending on the nature of the work.4 How to Register a Copyright? The copyright registration process can be a slightly tedious process. it may prove to be the only viable option. For certain types of works. An individual must then obtain the proper application form. The paper application process will naturally take longer than the electronic version and also prove to be less cost effective. The application processes all institute a filing fee that must be submitted with the application form. and the actual submission the work's copies can be shipped to the Copyright Office via mail separately. 19 .

and an observer from UNESCO. the Netherlands. As a result of the thinking at all of these meetings. The U. The ISBN identifies the title or other book-like product (such as an audiobook) to which it is assigned.K. They devised the Standard Book Numbering (SBN) system in 1966 and it was implemented in 1967. Germany. At the same time. the United States of America. but also the publisher to be contacted for ordering purposes. A meeting was held in London in 1968 with representatives from Denmark. A report of the meeting was circulated to all ISO member countries. the International Organization for Standardization (ISO) Technical Committee on Documentation (TC 46) set up a working party to investigate the possibility of adapting the British SBN for international use. An ISBN is a number. not a bar code. the British Publishers Association's Distribution and Methods Committee and other experts in the U. Other countries contributed written suggestions and expressions of interest. W. Comments on this report and subsequent proposals were considered at meetings of the working party held in Berlin and Stockholm in 1969. This can have implications for doing business in the publishing industry supply chain. That original standard has been revised as book and book-like content appeared in new forms of media. ISBN Agency cannot assign ISBNs to publishers and self-publishers located outside the United States and its territories. France. Eire. the United Kingdom. the International Standard Book Number (ISBN) was approved as an ISO standard in 1970. If an ISBN is obtained from a company other than the official ISBN Agency. but the basic structure of the ISBN as defined in that standard has not changed and is in use today in almost 150 countries. Norway. 20 . and became ISO 2108. They hired consultants to work on behalf of their interest.Chapter-5 Introduction to ISBN 5.S.1 History In 1965. H. book trade. that ISBN will not identify the publisher of the title accurately. Smith (the largest single book retailer in Great Britain) announced its plans to move to a computerized warehouse in 1967 and wanted a standard numbering system for books it carried. THE ISBN STANDARD "ISBN" stands for "International Standard Book Number". One agency per country is designated to assign ISBNs for the publishers and self-publishers located in that country.

the ten-digit number therefore replaces the handling of long bibliographic descriptive records. like Books in Print.2  Advantages of the ISBN The ISBN is a unique international identifier for monographic publications. they will not replace those beginning with 978.000.  The ISBN allows compilation and updating of book-trade directories.000 numbers.  The ISBN is machine-readable in the form of a 13-digit Bookland EAN bar code. There is an algorithm that frequently results in a change of the last digit of the ISBN. If you were assigned 10-digit ISBNs.Note about 979 ISBNs: ISBNs beginning 979 will not be issued in the United States for at least several years until current inventories of ISBNs are depleted. 10. copying mistakes are avoided. When they are assigned. 978 ISBNs cannot be converted to 979 ISBNs. Information on available books can be easily found. 2007 the ISBN system switched to a 13digit format.  Ordering and distribution of books is mainly executed by ISBN. On January 1. Now all ISBNs are 13-digits long.000 or 100.    ISBNs beginning 978 and 979 will coexist in the book industry for a number of years. This is fast and avoids mistakes. For more than thirty years.      The ISBN is needed for the running of electronic point-of-sale systems in bookshops. ISBNs are assigned to publishers and self-publishers as follows: 1. The national lending right in some countries is based on ISBN. Sales data monitoring is done by ISBN. 21 . 1. publishers and self-publishers are required to report all information about titles to which they have assigned ISBNs. 10. this is a fast and efficient method. Rights management is mainly done on the basis of ISBN. ISBNs were 10 digits long. Libraries profit from copy-cataloguing by ISBN. 5. Time and staff are saved. 100. A 10-digit ISBN cannot be converted to 13-digits merely by placing three digits in front of the 10-digit number. you can convert them to the 13-digit format at the converter found at this website. 979 ISBNs are not convertible to a 10-digit format and exist only in a 13-digit format. When participating in the ISBN standard.

For the purposes of the ISBN system books and other items to be numbered include: A.  Scope The word «book» is used in this manual in the sense of «publication». video and transparencies.3 The Function and Scope of ISBN  Preamble The International Standard Book Number is known throughout the world as a short. it is of no importance in what physical form this content is documented and distributed. Books on cassettes or CDs (talking books) Microform publications Electronic publications: -Machine readable tapes -Diskettes -CD-ROMs -Internet publications C.5. clear and potentially machine-readable identification number which marks any book unmistakably. these should be used. Printed books and pamphlets including braille and maps  Printed books and pamphlets B. the term «book» should be understood as synonymous with content. Mixed media publications (including text material). ISMN. Non-Printed Books     Educational. It is an essential instrument in modern distribution and rationalization opportunities in the book trade. With regard to various media available. Therefore. 22 .g. The ISBN accompanies a publication from its production onwards. ISSN. Whenever these intellectual products are covered by specific numbering systems e.

g. 6.. publisher prefix. If publishers exhaust their initial contingent of title numbers.2 Publisher Prefix The second part of the ISBN identifies a particular publisher within a group.. South Pacific = group number 982). The publisher prefix usually indicates the exact identification of the publishing house and its address. EXAMPLE: ISBN 90. Publishers or publisher groups with large title outputs are represented by fewer digits. area or language area where the publisher is officially based. All group identifiers are allocated by the International ISBN Agency in Berlin . The ten-digit number is divided into four parts of variable length... Some members form language areas (e. which must be separated clearly by hyphens or spaces: ISBN 0 571 08989 5 or ISBN 90-70002-34-5 The number of digits in the first three parts of the ISBN (group identifier. title identifier) varies. EXAMPLE: ISBN 90-70002. 6. 23 .1 Group Identifier The first part of the ISBN identifies a country. area or language area participating in the ISBN system..g.Chapter-6 Structure of ISBN An ISBN always consists of ten digits preceded by the letters ISBN. group number 3 = German language group) or regional units (e. A group identifier may consist of up to 5 digits. they may be allocated an additional publisher prefix.. The publisher prefix may comprise up to seven digits. Publisher prefixes are assigned by the ISBN group agency responsible for the management of the ISBN system within the country. The number of digits in the group number and in the publisher prefix is determined by the quantity of titles planned to be produced by the publisher or publisher group.

.5 Distribution of ranges The number of digits in each of the identifying parts 1. This means that each of the first nine digits of the ISBN – excluding the check digit itself – is multiplied by a number ranging from 10 to 2 and that the resulting sum of the products. although the total sum of digits contained in these parts is always 9. blank digits are represented by leading zeros. 24 . As an ISBN must always have ten digits. 6. A title identifier may consist of up to six digits. must be divisible by 11 without a remainder. using X in lieu of 10 where ten would occur as a check digit. make up the ten-digit ISBN. 7 is the valid check digit. It is calculated on a modulus 11 with weights 10-2.6. 2 and 3 is variable..4 Check digit The check digit is the last digit of an ISBN. These nine digits. plus the check digit.3 Title identifier The third part of the ISBN identifies a specific edition of a publication of a specific publisher. For example ISBN 0-8436-1072-7: Group identifier ISBN Weight 0 10 Publisher prefix 8 9 4 8 3 7 6 6 Title identifier 1 5 0 4 7 3 2 2 Check digit 7 Products 0 +72 +32 +21 +36 +5 +0 +21 +4 +7 Total: 198 As 198 can be divided by 11 without remainder 0-8436-1072-7 is a valid ISBN. 6. together with the check digit. EXAMPLE: ISBN 90-70002-34..

English speaking Canada. South Africa.9989 99900 . Ireland.94 950 . The knowledge of the prefix ranges for each country or group of countries is necessary to develop the hyphenation output program. groups with an expected large output. Assuming a group identifier of one digit only. For ease of reading. It reduces the number of characters. For example. will receive numbers of one or two digits and publishers with an expected large output will get numbers of two or three digits. and insures accuracy of format in all ISBN listings and publications.The number of digits in the group identifier will vary according to the output of books in a group. Swaziland. eliminates manual checking of hyphenation. United Kingdom. Publisher identifier Numbers available per publisher for title identification 00-19 200-699 7000-8499 85000-89999 900000-949999 9500000-9999999 1 100 10 1 100 10 000 000 000 000 000 25 . and Zimbabwe) are as follows: 0-7 80 . the publisher identifier ranges might be as shown in the left hand column and the title identifiers as shown in the right hand column. United States. the publisher prefix ranges of group number 0 in the English language group (Australia. New Zealand. Puerto Rico. The generation of hyphens at output by programming helps reduce work at input.994 9950 .99999 The following table is an example of the range distribution of publisher prefixes. Thus. the four parts of the ISBN are divided by spaces or hyphens. The position of the hyphens is determined by the publisher prefix ranges established by each group agency in accordance with the book industry needs.

Example: Group identifier "0" If number ranges are between Insert hyphens after 00....699 7000.......89999 900000..19 200.949999 9500000........8499 85000..9999999 00-19 20-69 70-84 85-89 90-94 95-99 1st " " " " " 3rd 4th 5th 6th 7th 8th 9th digit " " " " " 26 ....

5 Multi-volume works An ISBN must be assigned to the whole set of volumes of a multi-volume work. Even when multi-volume works are only sold as a set. or edition of a title by each publisher. etc. A price change does not call for a new ISBN. microcomputer software of the same title. Individual issues of additions or replacement sheets will also be given an ISBN.3 Books in different format A separate ISBN must be assigned to the different formats in which a particular title is published i. braille. 7. Changes of the format induce a new ISBN. 7. microfilm.2 Facsimile reprints A separate ISBN must be assigned to a facsimile reprint produced by a different publisher. the assignment of ISBN to each volume is advisable: It facilitates the handling of returns (damaged volumes) or the processing of shipments when not all volumes are published or distributed at the same time.e.Chapter-7 Applications of ISBN 7.1 General A separate ISBN must be assigned to every title. The same title being published in a series and individually is treated as two different editions. if individual volumes of the set are sold separately. when they are separately stocked. each volume must be assigned its own ISBN. Thus the individual processing and sale of single volumes will be possible. receive a separate ISBN. paper. 27 . Revised editions require a new ISBN. 7.4 Loose-leaf publications If a publication appears in loose-leaf form an ISBN is assigned to identify an edition at a given time. also. cloth. 7. but NOT to an unchanged impression or unchanged reprint of the same title in the same format by the same publisher.

7. the book is distributed or sold.6 Backlist A publisher is required to number all backlist publications and publish the ISBNs in catalogues. has been added in place of the title page of the original publisher. 28 . 7. 7. This ISBN must be retained no matter where. b. The ISBN of the original publisher should also be given. Books imported by an exclusive distributor or sole agent to which a new title page. once assigned. a particular edition.7 Collaborative publications A publication issued as a co-edition or joint imprint with other publishers is assigned an ISBN by the publisher in charge of distribution. As the ISBN standard states. the number must be deleted from the list of useable numbers and must never be assigned to another title. A publisher acquiring another publishing house must continue to use that originally assigned ISBN until the book is reprinted under the new company imprint. may be assigned an ISBN by the group agency responsible for those distributors.8 Books sold or distributed by agents (Except for a) this applies only to countries that do not yet participate in the system) a. can NEVER be re-used. Other co-publishers may assign their ISBNs if they want to. through a clerical error. under any circumstances. d. published by a particular publisher. This is of the utmost importance to avoid confusion. A book imported by several distributors from an area not in the ISBN system and which has no ISBNs assigned. a number is incorrectly assigned. are to be given a new ISBN by the exclusive distributor or sole agent. If. 7. receives only one ISBN.9 Acquisition of one publisher by another An ISBN. may be assigned an ISBN by the exclusive distributor. c. A book imported by an exclusive distributor or sole agent from an area not in the ISBN system and which has no ISBNs assigned. bearing the imprint of the exclusive distributor. or by whom. The ISBN must also be printed in the first available reprint of a backlist title.

11 ISBN until the new company reprints under its own imprint.10 Acquisition of complete stock of a publisher A publisher acquiring the complete stock of another company must use that original publisher's assigned 7. to be made by the office or branch responsible for publication. a. 7. When the publisher does not take this responsibility. A publisher operating in several places which are listed together in the imprint of the book b. A publisher operating separate and distinct offices or branches in different places may have a publisher prefix for each office or branch.12 Register of ISBN It is the responsibility of all publishers to inform their group agency or the organisation responsible for the maintenance of title registration of the ISBNs that have been assigned to published and forthcoming books. However. Publishers with more than one place of publication will assign only one ISBN to the book. group agency or organisation responsible for the maintenance of the title registration is authorized to maintain the ISBN register of this publisher at its own initiative. 29 .7. 7. each book published is to be assigned only one ISBN.13 ISBN can never be reused Publishers should advise the group agency of the number(s) deleted and of the titles to which they were erroneously assigned.

This makes the ISBN an international identifier within the world-wide barcoding scheme.)   on the title display.2 ISBN in bar coded form The rapid. internet publications) on the credit titles (film.Chapter-8 Printing of ISBN 8. All EAN bar codes start with a national identifier. world-wide expansion of bar code scanning has brought into prominence the agreement reached between the International Article Numbering Association (EAN). 30 . The 978 Bookland EAN prefix is followed by the first nine-digits of the ISBN. This is essential for the efficient running of the system. diskette. the Uniform Code Council (UCC) and the International ISBN Agency. or the first display (CD-ROM. The ISBN must appear:       on the verso of the title page (copyright page) on the lower section of the outside back cover on the foot of the title page. or wrapper on the base of the spine (only if the product is a paperback book) on the label of the container if the publication is issued in it (cassette. if there is no space elsewhere on the bottom of the back dust jacket.1 General The ISBN must appear on the item itself. The agreement replaces the national identifier with a special "Bookland" identifier represented by the digits 978 for books. An EAN bar code consists of 13 digits. or any other protective case. CD-ROM etc.e. 9 point or larger). 8. except those on publications. video) The ISBN should always be printed in type large enough to be easily legible (i. The check digit of the ISBN is dropped and replaced by a check digit calculated according to the EAN rules (modulus 10). which allows the ISBN to be converted into an EAN bar code.

Example of the conversion of the ISBN to ISBN Bookland EAN: ISBN with check digit ISBN without check digit Added EAN article identifier Added EAN check digit 0-330-28987 0-330-28987 978-0-330-28987 978-0-330-28987 -0 -X Printing the ISBN in Bookland EAN symbology Further information on the introduction and use of EAN codes is provided by the ISBN group agencies and the International ISBN Agency.3 Five-digit add-on code There is a 5 digit add-on code which can be used for additional information. Group agencies are encouraged to cooperate directly with the EAN organisations on a national or regional level. with the human readable numbers of 90000 above the bar code. five-digit bar code indicating that no price is present. 31 . The add-on information may have the following formats: 1. or 2. 8. such as suggested retail price. five-digit bar code indicating the price with human readable numbers above the bar code.

Such is the case in the United States where the Books and Serials Industry Communications (BASIC) has put on record that the add-on to the bar code is mandatory. For more information please check the EAN manual and/or contact the EAN organization. 32 .Printing the ISBN / EAN number in bar code with a 5 digit add-on code: a) b) In some countries this add-on is mandated by the publishing industry bar coding authority. The five-digit add-on code must no longer be used for price information in European countries introducing the Euro currency.

electronic directories and in Internet-sites stock control copyright management management of royalties processing of orders accounting and billing monitoring sales data producing statistics handling of returns ISBN in Books in Print services. and wholesalers is used for:    building bibliographic databases for the book trade like Books in Print building databases of titles in stock ordering services based on electronic communication systems like EDI (electronic data interchange) or through Internet       stock control monitoring internal logistic processes accounting and billing producing sales data returns administration producing subject lists and catalogues 33 .Chapter-9 Practical Uses Of ISBN The ISBN is used in all branches of the book sector ISBN in publishing house is used for:            identifying firm publication projects from the manuscript to the printer title identification in publishers' catalogues and advertisements listing in printed directories. distribution centres.

ISBN in centralized service organizations for libraries (producing ready-to-borrow copies) is used for:       ordering at the publishers or wholesalers processing orders from libraries stock control monitoring internal logistic processes accounting and billing administration of rebinding processes ISBN in bookshops is used for:    bibliographic searches tracing addresses ordering and re-ordering processes based on electronic communication systems like EDI (electronic data interchange) or through Internet    stock administration accounting and billing the end consumer electronic point-of-sale system (EPOS) ISBN in libraries is used for:       ordering copy-cataloguing lending statistics national lending right interlending union catalogues 34 .