Mimis
Frequently Asked Questions
How to Copyright Your Work
by Gloria J. "Mimi" Winer
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There are two reasons for having at least a basic understanding of copyright:
WARNING:
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I am not a copyright lawyer. Please do not take my word on this information as gospel. If you have any problem with copyright infringement, please see a lawyer who specializes in this field.
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Copyright Fundamentals
There are several basic items that are of importance:
For additional information, visit the U.S.
Copyright Office Home Page.
What Does Copyright Protect? 
Copyright protects expression in a tangible form.
The Copyright Act of 1976 states that the
forms of expression can include literary, dramatic, and musical works,
pantomimes and choreography, pictorial, graphic and
sculptural works, audio-visual works, sound
recordings, and architectural works.
An original expression is eligible for
copyright protection as soon as it is fixed in a tangible form. This means that this web
page is protected as soon as I stop typing and save it. It also means that an idea that
you have in your mind is not protected until you "fix" it in some tangible form.
Some things, by their very nature are not eligible for copyright protection:
Ideas
Ideas have no tangible form. Only the "expression" of ideas in tangible
form is protected. The same idea, expressed in another way can also be protected by someone else.
Ideas can sometimes be protected by patents. Patents are difficult to obtain, very expensive, and
subject to challenge. Patents are not discussed here.
Processes and Methods
A process is not copyrightable. If you want, you can spend $3000 to $100,000 or more
to try to patent it. For something like this, you are unlikely to be
successful. In general, copyright covers only the "tangible"
expression of an idea, not the idea itself. Thus, your instructions
for doing a new technique are copyrightable. The new technique may be
patentable (expensive) but it is not copyrightable. Someone else can
come up with a different set of instructions for the same technique
and they are not infringing on your copyright.
Facts
Facts are not an "expression" they are a reality. How the facts are presented or compiled
may be an expression that is eligible for copyright.
Titles
Titles are not protected because we would soon run out of good titles, and because it would cause
trademark problems.
A title cannot be used as a trademark. However a phrase or logo used across several titles, to
identify a product line for commercial purposes, can be protected.
Trademarks are not discussed here.
Names
Names are not protected because we would soon run out of names.
Short phrases
Short phrases are not protected because we would soon run out of words. A work must have
a reasonable length to be protected so that there is no conflict with a trademark, and so that the language
cannot be appropriated by a few individuals.
Typefaces
Typefaces are not protected because we would soon run out of letters.
The following things (among others) are eligible for copyright protection:
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Doll patterns (paper or electronic)
Dolls (as sculpture)
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Photographs of dolls (as photographs)
Books and videos about dolls or dollmaking
Collections of information about sources for dollmaking
Dollmaker's web pages
The Copyright Notice 
Until 1988, in order to have any copyright protection at all, and prevent the work from going
into the public domain, a copyright notice
had to be attached to the work to put the world on notice that the work was protected.
While this is no longer true, it is still a good idea to attach a copyright
notice to copyrighted works in order to be eligible for certain types of
damages under the law. (You can't sue for infringement and collect damages in some cases if there is no
copyright notice.)
There are three elements to the copyright notice:
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The copyright symbol (a "c" in a circle, ©)
The copyright symbol is required in many foreign countries in order to
obtain copyright. In the United States, the term "Copyright" may
be substituted for the copyright symbol. This makes notification on some
computer documents much easier.
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The year of copyright
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The name of the copyright holder
The Copyright Notice must include the name of the owner of the copyright.
The legal owner of the copyright is not necessarily the author or creator
of the work. Copyrights can be assigned or sold, and some works are "made-for-hire"
where the employer owns the copyright by legal agreement.
How long does Copyright Protection Last? 
How long a copyright lasts depends on when the work was created.
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If the work was created before January 1, 1978, the copyright expires 75
years from the date of publication (if the copyright was renewed). That
means that anything older than 1935 or so is now part of the public domain
(not protected).
If the work was created after January 1, 1978, and the copyright is owned by an individual,
the copyright will last for the life of the author, plus an additional 50 years.
If the work was created after January 1, 1978, and the copyright is owned by the employer of the author,
the copyright will last 75 years from the date of publication, or 100 years
from the date of creation, whichever occurs first.
How do I Register My Copyright? 
The Copyright Act gives you protection just for creating your
work and fixing it in a tangible form. The registration process is easy and straightforward, and
the fees are reasonable, but, if you already have protection, why bother registering your work with
the U.S. Copyright Office?
The ability to sue
You cannot actually sue someone for infringing
your copyright until you have registered your work with the Copyright Office.
Satutory damages
If you register your work within the time limit from the date of first
publication, you can collect statutory damages from the infringer. Otherwise,
you can only collect actual damages, which may be minimal.
To register your work,
- Go to the U.S. Copyright
Office Home Page.
- Click on the Electronic Copyright Office button.
- Download either the PowerPoint tutorial or the PDF tutorial and read it.
- When you are ready, log in and register your work.
"Registering a claim is as easy as 1-2-3…"
(according to the Electronic Copyright Office tutorial):
- Application - A series of screens prompt you for
information.
- Payment - You can pay with your credit/debit card, ACH,
or by setting up a deposit account.
- Work to be registered - Either (a) upload a digital copy
of
your work (for certain categories of works only) or (b)
print out a shipping slip to be attached to your work for
delivery by U.S. Postal Service.
A nonrefundable filing fee of $35 (7/2009) is required for each application.
It takes about six months for the paperwork to get back to you with a certificate.
What are the Penalties for Infringing a Copyright? 
You can be sued:
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If the work is registered within the time limit from the date of first
publication, you can be sued for statutory damages. Statutory damages can
be from less than $200 to more than $100,000 plus attorney fees and court
costs. How much you will have to pay depends on whether the court thinks
the infringement was malicious.
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If the work was not registered within the time limit from the date of first
publication, you can only be sued for three times actual damages. Actual
damages are how much money the author of the work lost because of the infringement.
For example, if you sell two doll patterns at $10 each and make a profit
of $16 ($8 each copy), the most you can pay in damages is $48 (3 times actual
damages) not enough to pay an attorney. However, you have no way
of knowing if the pattern was registered within the time limit, so you could
end up losing your home for a single copy. Even if you give it away instead
of selling it, it is an infiringement because you took a potential sale
away from the copyright owner.
On a practical basis, nobody wants to sue and take away your house for making a copy of a pattern or selling a doll made from a pattern. If you make a few copies of a pattern or sell a few dolls on a local basis without attracting much attention, you will be breaking the law, but you aren't likely to be caught. On the other hand, if you set up a factory and produce thousands of copied patterns or dolls, you are certain to get caught and certain to pay a whole lot.
What is Fair Use? 
There are a few exceptions granted in the copyright law where you can make a copy without penalty. These exceptions are called "Fair Use." In general, there are only two or three cases you will ever see:
A short portion of a work can be quoted in a review.
A short portion of a work can be quoted in a sales brochure by a company reselling the product.
A short portion of a work can be quoted in a compilation or catalog describing similar such works.
All of these uses are subject to judicial review. There is no sure way to know that it is safe to make copies except to have the copyright owner's permission.
Copyright © Jim and Gloria Winer.
You may make a copy of this article for your own personal use.
Copying for commercial purposes is prohibited.
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