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FAQ'S
The following FAQ's (frequently asked questions) are divided into patent,
trademark and copyright for convenience. None of the material supplied
here, however, constitutes legal advice or an offer of engagement. Please
review our disclaimer.
I. PATENTS
l. What is a patent?
A United States patent is a printed document, issued
by the United States Patent and Trademark Office ("PTO"),
a division of the Department of Commerce. A patent confers the right
to exclude others from making, using, selling or offering to sell the
claimed invention in the United States ( and its territories and possessions)
or importing the invention into the United States.
2. Are there different types of patents?
Yes, the law provides for "utility," "design," and
"plant" patents. A utility patent is what people usually think
of as a patent, i.e., protection for something useful, such as a light
bulb. A design patent covers only the appearance or ornamentation of
an object. such as those for wallpaper, fabric, lamps, vases or other
articles of manufacture. It is possible to obtain both a design patent
and a utility patent for the same product; the utility patent would
protect the new and useful functional aspects of the product, and the
design patent would protect the ornamental aspects. A plant patent may
protect asexually reproduced plants.
3. How long does a patent last?
A utility patent applied for after June 8, 1995 remains in force for
a period of 20 years from the date of application, provided that periodic
maintenance payments are timely made (due at 3½, 7½, and
11½ years from issue). Utility patents in force or applied for
as of June 8, 1995 remain in force for the longer of 20 years from the
date of application or 17 years from the date of issue, again subject
to maintenance payments. There is also a minimum term of 17 years from
date of issue, if any delays are not the fault of the applicant. Design
patents have a term of 14 years from the date of issue and no maintenance
payments are required.
4. What do the terms "patent pending"
and "patent applied for" mean?
They are used by a manufacturer or seller of an article to inform the
public that an application for patent on that article is on file (not
necessarily issued) in the U.S. Patent and Trademark Office. The law
imposes a fine on those who use these terms falsely to deceive the public.
A patent cannot be enforced, however, until it actually issues, subject
to possible damage claims between the time an application is published
and when it actually issues.
5. If two or more persons work together to
make an invention, to whom will the patent be granted?
If each had a share in the ideas forming the invention as defined in
the claims - even if only as to one claim, they are joint inventors
and a patent will be issued to them jointly on the basis of a proper
patent application. If, on the other hand, one of these persons has
provided all of the ideas of the invention, and the other has only followed
instructions in making it, the person who contributed the ideas is the
sole inventor and the patent application and patent shall be in his/her
name alone.
6. If a first person furnishes all of the ideas
to make an invention and a second person employs the first person or
furnishes the money for building and testing the invention, should the
patent application be filed by the first and second persons jointly?
No. The application must be signed by the true inventor, and filed in
the U.S. Patent and Trademark Office, in the inventor's name. This is
the person who furnishes the ideas (e.g. the first person above), not
the employer or the person who furnishes the money.
7. What are the legal standards for obtaining
a patent?
To obtain a patent (whether a utility or a design patent), the invention
must be both novel (new) and not obvious, as defined in the patent statute,
and as interpreted in case law. The requirements for novelty and non-obviousness
are complex and are not susceptible of easy or even certain interpretation.
Each case must be evaluated according to its particular facts, and even
then, certainty of future results is not possible.
8. Should I keep my invention confidential?
Yes. One of the most important requirements under U.S. law, often called
the "one year" or "on sale" or "public use"
bar to patentability, is that a person may not obtain a patent if "(b)
the invention was patented or described in a printed publication in
this or a foreign country or in public use or on sale in this country,
more than one year prior to the date of application for patent in the
United States". Some of the common ways that inventors run afoul
of this requirement are (a) merely offering the invention for sale;
(b) publicly displaying the invention (even, in some circumstances,
to personal friends and acquaintances); (c) writing about the invention
or assisting someone else to write about it; or (d) test marketing the
invention solely for the purpose of determining consumer acceptance
or profitability. Although these are some common examples, determining
the precise application of the statute varies from case to case, and
you should seek competent legal counsel for an individual situation.
Note also that under the laws of virtually all foreign countries, public
availability of the invention anywhere in the world is an immediate
and permanent bar to obtaining a patent.
9. How do I prove that I made my invention?
Preparing an invention disclosure is useful in documenting the inventive
process and dates. The invention disclosure provides a written record
that can be helpful in determining whether you are indeed the first
inventor, should that issue arise. There is no special form for an invention
disclosure. Simply write a description of your invention, as detailed
as necessary to adequately describe it and to show what exactly you
believe to be new about it, as compared with similar devices, products,
designs, etc. of which you are aware. Include any sketches, drawings
or photographs that you may have. Have each sheet signed, witnessed
and dated by two persons whom you trust. This process should be repeated
when significant changes are made to the invention.
10. Do I have to make the product in order
to get a patent?
No. Under United States law, it is not necessary to build a prototype
of the invention in order to apply for or obtain a patent, although
building such a prototype could be evidence of, among other things,
successfully completing the invention should the issue arise. The patent
may be obtained on written description only, assuming that the invention
does in fact work for its intended purpose, and enough information is
provided to allow someone skilled in the art to which the invention
pertains to make and use the invention.
11. Is there any danger that the U.S. Patent
and Trademark Office will give others information contained in my application
while it is pending?
Most patent applications filed on or after November 29, 2000 will be
published eighteen months after the filing date of the application,
or any earlier filing date relied upon by the applicant. Otherwise,
all patent applications are maintained in the strictest confidence until
the patent is issued or the application is published. After the application
has been published, however, a member of the public may request a copy
of the application file. After the patent is issued, the USPTO file
containing the application and all correspondence leading up to issuance
of the patent is made available for inspection by anyone.
12. How much does a patent cost?
There is no definitive answer, as each patent application must be drafted
from scratch, i.e., there is no "form" to merely fill out,
such as for registration of a copyright. Patent applications are notoriously
difficult to draft, and typical costs (including attorney fees) range
from $6,000 to $10,000, depending mostly on the complexity of the invention
and the quality of the description received from the inventor(s). Complex
inventions in highly technical fields can run substantially higher.
Note that this estimate is only for filing a completed application-there
usually are additional costs for "prosecuting" the application
(participating in the give and take with the patent examiner), as well
as publication and issue fees (which currently approach $1,000 for a
small company or individual.
13. How long does it take to get a patent?
Depending on the technical area of examination (software/business method
type applications being, usually, much slower) a utility patent application
typically takes between 2 and 3 years from filing date to issuance.
14. Can you help me to produce or market my
invention?
No, the firm does not act or render advice concerning the business transactions
or arrangements that are involved in the development and marketing of
an invention. We cannot help you to "shop" your invention
to interested parties, but can assist with transfers and licensing that
are solely procured by you.
15. Do I have to perform a search?
No. The desirability of a patent search by the applicant is determined,
among other things, by balancing the cost of the search against the
cost of filing and prosecuting an application where there is invalidating
prior art available. There is no certainty that a search will uncover
all relevant prior art (it is virtually certain that it will not) and
there is no obligation on the inventor to search for prior art at all.
You will, however, have the duty to disclose to the USPTO all prior
art references that are material to your invention.
II. TRADEMARKS
1. What is a trademark?
A trademark includes any word, name, symbol, logo or device, or any
combination, used, or intended to be used, in commerce to identify and
distinguish the goods of one manufacturer or seller from goods manufactured
or sold by others, and to indicate the source of the goods. In short,
a trademark is a brand name. The same is true of a "service mark,"
which identifies and distinguishes the services of one provider from
the services of another.
2. Do I need to register my trademark?
No. However, federal registration has several advantages including notice
to the public of the registrant's claim of ownership of the mark, a
legal presumption of ownership nationwide, and the exclusive right to
use the mark on or in connection with the goods or services set forth
in the registration.
3. What are the benefits of federal trademark
registration?
Yes. The benefits are briefly summarized below:
1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in
foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation
of infringing foreign goods.
4. Do I have to be a U.S. citizen to obtain
a federal registration?
No. However, an applicant's citizenship must be set forth in the record.
If an applicant is not a citizen of any country, then a statement to
that effect is sufficient. If an applicant has dual citizenship, then
the applicant must choose which citizenship will be printed in the Official
Gazette and on the certificate of registration.
5. What do the designations "TM"
or "SM" stand for?
These designations usually indicate that a party claims rights in the
mark and are often used before a federal registration is issued. No
federal law governs the use of these symbols, however, use of the symbols
"TM" or "SM" (for trademark and service mark, respectively)
may be governed by local, state, or foreign laws and the laws of the
pertinent jurisdiction must be consulted.
6. When is it proper to use the federal registration
symbol (the letter R enclosed within a circle -- ® -- with the mark?
The federal registration symbol may be used once the mark is actually
registered in the U.S. Patent and Trademark Office. Even though an application
is pending, the registration symbol may not be used before the mark
has actually become registered. The federal registration symbol should
only be used on goods or services that are the subject of the federal
trademark registration. Note, however, that several foreign countries
use the letter R enclosed within a circle to indicate that a mark is
registered in that country. Use of the symbol by the holder of a foreign
registration may be proper.
7. What is use in commerce?
For goods, "use in commerce" involves sending the goods across
state lines with the mark displayed on the goods or the packaging for
the goods. With services, "use in commerce" involves offering
a service to those in another state or rendering a service which affects
interstate commerce (e.g. (possibly) restaurants, gas stations, hotels,
etc.).
8. Do I have to perform a search before filing
an application?
No. However, be aware that a federal trademark registration does not
wipe out the rights of prior users of similar marks, which can not only
affect the issuance of a registration (or validity of an issued registration)
but may subject you to a suit for trademark infringement by the holder
of the prior rights.
9 What are common law rights?
Federal registration is not required to establish rights in a trademark.
Common law rights arise from actual use of a mark. A prior user within
a certain geographical area has rights within that geographical area
plus likely areas of expansion. A common law search involves searching
records other than the federal register and pending application records.
It may involve checking phone directories, yellow pages, industrial
directories, state trademark registers, among others, in an effort to
determine if a particular mark is used by others when they have not
filed for a federal trademark registration. A common law search is not
necessary but some find it beneficial. Telephone numbers for search
firms that perform these searches for a fee can be found in the yellow
pages of local phone directories and through an Internet search.
prior rights.
10. Can I search for the common law rights
of others?
Yes. A common law search involves searching records other than the federal
register and pending application records. It may involve checking phone
directories, yellow pages, industrial directories, state trademark registers,
among others, in an effort to determine if a particular mark is used
by others when they have not filed for a federal trademark registration.
A common law search is not necessary but some find it beneficial.
11. Who can file an application for federal
registration?
Only the owner of the trademark may file an application for its registration.
An application filed by a person who is not the owner of the mark will
be declared void. Generally, the person who uses or controls the use
of the mark, and controls the nature and quality of the goods to which
it is affixed, or the services for which it is used, is the owner of
the mark.
12. What is a specimen?
A specimen is a real-world example of how the mark is actually used
on the goods or in the offer of services. Labels, tags, or containers
for the goods are considered to be acceptable specimens of use for a
trademark. For a service mark, specimens may be advertising such as
magazine advertisements or brochures. Actual specimens, rather than
facsimiles, are preferred. However, if the actual specimens are bulky,
or larger than 8½" x 11", then the applicant must submit
facsimiles, (e.g., photographs or good photocopies) of the specimens.
One specimen is required for each class of goods or services specified
in the application.
Specimens are required in applications based on actual use in commerce,
and must be filed with the Amendment to Allege Use or the Statement
of Use in applications based on a bona fide intention to use the mark
in commerce. Specimens are not required for applications based on Section
44 of the Trademark Act (for owners of foreign trademark applications
and registrations).
13. What is the trademark drawing?
The "drawing" is a page which depicts the mark applicant seeks
to register. In an application based on actual use, the drawing must
show the mark as it is actually used, i.e., as shown by the specimen.
In the case of an application based on a bona fide intention to use,
the drawing must show the mark as the applicant intends to use it. In
an application based on a foreign application or foreign registration,
the drawing must depict the mark as it appears or will appear on the
foreign registration. The applicant cannot register more than one mark
in a single application. Therefore, the drawing must display only one
mark.
14. Can my application to register my mark
be refused?
Yes. The USPTO will refuse to register matter if it does not function
as a trademark. Not all words, names, symbols or devices function as
trademarks. For example, matter which is merely the generic name of
the goods on which it is used cannot be registered.
Additionally, Section 2 of the Trademark Act (15 U.S.C. §1052)
contains several of the most common (though not the only) grounds for
refusing registration. The grounds for refusal under Section 2 may be
summarized as:
1. the proposed mark consists of or comprises immoral, deceptive, or
scandalous matter;
2. the proposed mark may disparage or falsely suggest a connection with
persons (living or dead), institutions, beliefs, or national symbols,
or bring them into contempt or disrepute;
3. the proposed mark consists of or comprises the flag or coat of arms,
or other insignia of the United States, or of any State or municipality,
or of any foreign nation;
4. the proposed mark consists of or comprises a name, portrait or signature
identifying a particular living individual, except by that individual's
written consent; or the name, signature, or portrait of a deceased President
of the United States during the life of his widow, if any, except by
the written consent of the widow;
5. the proposed mark so resembles a mark already registered in the Patent
and Trademark Office (PTO) that use of the mark on applicant's goods
or services are likely to cause confusion, mistake, or deception;
6. the proposed mark is merely descriptive or deceptively misdescriptive
of applicant's goods or services;
7. the proposed mark is primarily geographically descriptive or deceptively
geographically misdescriptive of applicant's goods or services;
8. the proposed mark is primarily merely a surname; and
9. matter that, as a whole, is functional.
15. How long does it take for a mark to be
registered?
It is difficult to predict how long it will take for an application
to mature into a registration, because there are so many factors that
can affect the process. Generally, an applicant will receive a filing
receipt approximately six months after filing. The filing receipt will
include the serial number of the application. You should receive a response
from the Office within six to seven months from filing the application.
However, the total time for an application to be processed may be anywhere
from almost a year to several years, depending on the basis for filing,
and the legal issues which may arise in the examination of the application.
16. How long does a trademark registration
last?
For a trademark registration to remain valid, an Affidavit of Use ("Section
8 Affidavit") must be filed: (1) between the fifth and sixth year
following registration, and (2) within the year before the end of every
ten-year period after the date of registration. The registrant may file
the affidavit within a grace period of six months after the end of the
sixth or tenth year, with payment of an additional fee.
The registrant must also file a §9 renewal application within
the year before the expiration date of a registration, or within a grace
period of six months after the expiration date, with payment of an additional
fee.
Assuming that an affidavit of use is timely filed, registrations granted
PRIOR to November 16, 1989 have a 20-year term, and registrations granted
on or after November 16, 1989 have a 10-year term.
This is also true for the renewal periods; renewals granted PRIOR to
November 16, 1989 have a 20-year term, and renewals granted on or after
November 16, 1989 have a 10-year term.
17. How long does an Intent-to-Use applicant
have to allege actual use of the mark in commerce?
An applicant may file an Amendment to Allege Use any time between the
filing date of the application and the date the Examining Attorney approves
the mark for publication. If an Amendment to Allege Use is not filed,
then applicant has six months from the issuance of the Notice of Allowance
to file a Statement of Use, unless the applicant requests and is granted
an extension of time. If the applicant fails to file either an Amendment
to Allege Use or a Statement of Use within the time limits allowed,
then the application will be declared abandoned, and no registration
will be granted.
18. How do I contest someone else using a trademark
similar to mine?
There are several ways to dispute use of your trademark by a third party.
Depending on the factual situation, the Trademark Office may or may
not be the proper forum. You should consider contacting an attorney
for a discussion of the matter. Time can be of the essence.
19. How much does a trademark registration
cost?
Trademark (and servicemark) applications are based on the number of
marks (one per application) and the number of "classes" of
goods or services. For example, clothing items would be in one class,
where as printed material would be in another. For an application for
one mark in one class of goods or services, attorney charges and costs
typically range from $1,200 to $1,500, with additional costs for prosecuting
the application.
III. COPYRIGHTS
1. What does copyright protect?
Copyright, a form of intellectual property law, protects original works
of authorship including literary, dramatic, musical, and artistic works
such as poetry, novels, movies, songs, computer software and architecture.
Copyright does not protect facts, ideas, systems, or methods of operation,
although it may protect the way these things are expressed.
2. When is my work protected?
Your work is under copyright protection the moment it is created and
fixed in a tangible form so that it is perceptible either directly or
with the aid of a machine or device.
3. Do I have to register with your office to
be protected?
No. In general, registration is voluntary. Copyright exists from the
moment the work is created. You will have to register, however, if you
wish to bring a lawsuit for infringement of a U.S. work.
4. Why should I register my work if copyright
protection is automatic?
Registration is recommended for a number of reasons. Many choose to
register their works because they wish to have the facts of their copyright
on the public record and have a certificate of registration. Registered
works may be eligible for statutory damages and attorney's fees in successful
litigation, if registered before the infringement begins. Finally, if
registration occurs within five years of publication, it is considered
prima facie evidence in a court of law.
5. How do I register my copyright?
To register a work, you need to submit a completed application form,
a non-refundable filing fee of $30, and a non-returnable copy or copies
of the work to be registered.
6. How long does the registration process take?
The time the Copyright Office requires to process an application varies,
depending on the amount of material the Office is receiving. If your
application is in order, you may generally expect to receive a certificate
of registration within approximately 4 to 5 months of submission.
7. What is the registration fee?
The current filing fee is $30 per application. Generally, each work
requires a separate application.
8. What is a deposit?
A deposit is usually one copy (if unpublished) or two copies (if published)
of the work to be registered for copyright. In certain cases such as
works of the visual arts, identifying material such as a photograph
may be used instead. The deposit is sent with the application and fee
and becomes the property of the Library of Congress.
9. What is a mandatory deposit?
Copies of all works under copyright protection that have been published
in the United States are required to be deposited with the Copyright
Office within three months of the date of first publication.
10. Can I find out what is happening with my
registration?
Copyright registration is effective on the day we receive the appropriate
form, copy or copies of the work, and the $30 filing fee. The time the
Copyright Office requires to process an application varies, depending
on the amount of material the Office is receiving. If your application
is in order, you may generally expect to receive a certificate of registration
within approximately 4 to 5 months of submission. If the Copyright Office
needs further information, you may receive a letter or telephone call
from them. If a claim is older than 6 months, the Copyright Office will
do an in-process search without charge to determine why the certificate
has been delayed.
11. Do I have to send in my work? Do I get
it back?
Yes, you must send the required copy or copies of the work to be registered.
These copies will not be returned. Upon their deposit in the Copyright
Office, under sections 407 and 408 of the Copyright law, all copies,
phonorecords, and identifying material, including those deposited in
connection with claims that have been refused registration, are the
property of the United States Government.
12. May I register more than one work on the
same application?
You may register unpublished works as a collection on one application
with one title for the entire collection if certain conditions are met.
It is not necessary to list the individual titles in your collection,
although you may do so by completing a Continuation Sheet. Published
works may only be registered as a collection if they were actually first
published as a collection and if other requirements have been met.
13. Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to renewal
registration (see Circular 15). As to works published or registered
prior to January 1, 1978, renewal registration is optional after 28
years but does provide certain legal advantages. For information on
how to file a renewal application as well as the legal benefit for doing
so.
14. Can I submit my manuscript on a computer
disk?
No. There are many different software formats and the Copyright Office
does not have the equipment to accommodate all of them. Therefore, the
Copyright Office still generally requires a printed copy or audio recording
of the work for deposit.
15. Can I submit a CD-ROM of my work?
Yes, you may. The deposit requirement consists of the best edition of
the CD-ROM package of any work, including the accompanying operating
software, instruction manual and a printed version, if included in the
package.
16. How do I protect my recipe?
A mere listing of ingredients is not protected under copyright law.
However, where a recipe or formula is accompanied by substantial literary
expression in the form of an explanation or directions, or when there
is a collection of recipes as in a cookbook, there may be a basis for
copyright protection.
17. Does copyright now protect architecture?
Yes. Architectural works became subject to copyright protection on December
1, 1990. The copyright law defines "architectural work" as
"the design of a building embodied in any tangible medium of expression,
including a building, architectural plans, or drawings." Copyright
protection extends to any architectural work created on or after December
1, 1990, and any architectural work that on December 1, 1990, was unconstructed
and embodied in unpublished plans or drawings. Architectural works embodied
in buildings constructed prior to December 1, 1990, are not eligible
for copyright protection.
18. Can foreigners register their works in
the U.S.?
Any work that is protected by U.S. copyright law can be registered.
This includes many works of foreign origin. All works that are unpublished,
regardless of the nationality of the author, are protected in the United
States. Works that are first published in the United States or in a
country with which we have a copyright treaty or that are created by
a citizen or domiciliary of a country with which we have a copyright
treaty are also protected and may therefore be registered with the U.S.
Copyright Office.
19. Who is an author?
Under the copyright law, the creator of the original expression in a
work is its author. The author is also the owner of copyright unless
there is a written agreement by which the author assigns the copyright
to another person or entity, such as a publisher. In cases of works
made for, the employer or commissioning party is considered to be the
author.
20. What is a work made for hire?
Although the general rule is that the person who creates the work is
its author, there is an exception to that principle; the exception is
a work made for hire, which is a work prepared by an employee within
the scope of his or her employment; or a work specially ordered or commissioned
in certain specified circumstances. When a work qualifies as a work
made for hire, the employer or commissioning party is considered to
be the author.
21. What is publication?
Publication has a technical meaning in copyright law. According to the
statute, "Publication is the distribution of copies or phonorecords
of a work to the public by sale or other transfer of ownership, or by
rental, lease, or lending. The offering to distribute copies or phonorecords
to a group of persons for purposes of further distribution, public performance,
or public display constitutes publication. A public performance or display
of a work does not of itself constitute publication." Generally,
publication occurs on the date on which copies of the work are first
made available to the public.
22. Does my work have to be published to be
protected?
Publication is not necessary for copyright protection.
23. How do I get my work published?
Publication occurs at the discretion and initiative of the copyright
owner. For authors wanting to publish a book-length work, many large
publishing houses require the use of a literary agent, as most do not
accept unsolicited manuscripts.
24. Are copyrights transferable?
Yes. Like any other property, all or part of the rights in a work may
be transferred by the owner to another.
25. Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be protected
under trademark law.
26. How do I copyright a name, title, slogan
or logo?
Copyright does not protect names, titles, slogans, or short phrases.
In some cases, these things may be protected as trademarks. However,
copyright protection may be available for logo art work that contains
sufficient authorship. In some circumstances, an artistic logo may also
be protected as a trademark.
27. How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of doing
something. You may express your ideas in writing or drawings and claim
copyright in your description, but be aware that copyright will not
protect the idea itself as revealed in your written or artistic work.
28. How long does copyright last?
The Sonny Bono Copyright Term Extension Act, signed into law on October
27, 1998, amends the provisions concerning duration of copyright protection.
Effective immediately, the terms of copyright are generally extended
for an additional 20 years. Specific provisions are as follows:
-- For works created after January 1, 1978, copyright protection will
endure for the life of the author plus an additional 70 years. In the
case of a joint work, the term lasts for 70 years after the last surviving
author's death. For anonymous and pseudonymous works and works made
for hire, the term will be 95 years from the year of first publication
or 120 years from the year of creation, whichever expires first;
-- For works created but not published or registered before January
1, 1978, the term endures for life of the author plus 70 years, but
in no case will expire earlier than December 31, 2002. If the work is
published before December 31, 2002, the term will not expire before
December 31, 2047;
-- For pre-1978 works still in their original or renewal term of copyright,
the total term is extended to 95 years from the date that copyright
was originally secured.
29. How much of someone else's work can I use
without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible
to use limited portions of a work including quotes, for purposes such
as commentary, criticism, news reporting, and scholarly reports. There
are no legal rules permitting the use of a specific number of words,
a certain number of musical notes, or percentages of a work. Whether
a particular use qualifies as fair use depends on all the circumstances.
30. How much do I have to change in my own
work to make a new claim of copyright?
You may make a new claim in your work if the changes are substantial
and creative -- something more than just editorial changes or minor
changes. This would qualify as a new derivative work. For instance,
simply making spelling corrections throughout a work does not warrant
a new registration -- adding an additional chapter would.
31. How much do I have to change in order to
claim copyright in someone else's work?
Only the owner of copyright in a work has the right to prepare, or to
authorize someone else to create a new version of that work. Accordingly,
you cannot claim copyright to another's work, no matter how much you
change it, unless you have the owner's consent.
32. What is a Library of Congress number?
The Library of Congress Card Catalog Number is assigned by the Library
at its discretion to assist librarians in acquiring and cataloging works.
33. What is an ISBN number?
The International Standard Book Number is administered by the R. R.
Bowker Company 1-888-BOWKER2. The ISBNis a numerical identifier intended
to assist the international community in identifying and ordering certain
publications.
34. What is a copyright notice? How do I put
a copyright notice on my work?
A copyright notice is an identifier placed on copies of the work to
inform the world of copyright ownership. While use of a copyright notice
was once required as a condition of copyright protection, it is now
optional. Use of the notice is the responsibility of the copyright owner
and does not require advance permission from, or registration with,
the Copyright Office. There are different (and sometimes stringent)
requirements, however, for works published before March 1, 1989.
35. Somebody infringed my copyright. What can
I do?
A party may seek to protect his or her copyrights against unauthorized
use by filing a civil lawsuit in Federal district court. If you believe
that your copyright has been infringed, consult an attorney.
36. How do I get permission to use somebody
else's work?
You can ask for it, usually by a request for permission accompanied
by a permission form to the copyright owner. If you know who the copyright
owner is, you may contact the owner directly, otherwise, some work will
be required to track down the copyright owner.
37. Could I be sued for using somebody else's
work? How about quotes or samples?
If you use a copyrighted work without authorization, the owner may be
entitled to bring an infringement action against you. There are circumstances
under the fair use doctrine where a quote or a sample may be used without
permission. However, there is no hard and fast rule, and in cases of
any doubt whatsoever, you should either obtain permission or consult
an attorney.
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