The right of copyright is in fact a bundle of rights in an original work of authorship fixed in any tangible medium of expression and gives the holder the exclusive right to reproduce, distribute, perform, and display the work and to make derivative works based on the original work. These rights are known as the Exclusive Rights of copyright. Works subject to copyright include literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, and architectural works; motion pictures and other audiovisual works and sound recordings.

A ‘copyright holder’ or ‘copyright owner’ is a person or entity who owns any of the Exclusive Rights of copyright in a work. Copyright ownership is separate from the physical ownership of the work. Copyrights can be sold independent of the work itself, and any of the distinct Exclusive Rights can be sold separately.

A derivative work is a work based upon one or more preexisting works to which the author has added original expression. Such derivative works can be copyrighted, but copyright does not extend to any part of a work that has been used unlawfully (because the artist did not get permission from the copyright holder to create a derivative work). Furthermore, copyright in a derivative work extends only to the new material contributed by the artist, and does not give the artist any interest in the underlying work that the derivative work was based upon. Copyright in a derivative work does not affect the rights held by the copyright holder in the underlying work.

The 1998 Digital Millennium Copyright Act (“DMCA”) protects copyright holders from the unlawful reproduction and distribution of their work online. The DMCA outlines “notice-and-takedown” procedures, allowing copyright holders to notify digital service providers of infringing activity so that the works can be removed, and “safe harbors” exist for the service providers who comply.

The exclusive rights of copyright in an original work of authorship. They are specifically enumerated in Section 106 of the Copyright Act and consist of the right to: (1) reproduce the work; (2) distribute copies of the work; (3) display the work publicly; (4) perform the work publicly and (5) make derivative works of that work.

The Fair Use doctrine excuses otherwise infringing copies, public performances, displays, or distributions of all or part of a copyrighted work under certain circumstances. Section 107 of the Copyright Act provides that the fair use appropriation of a prior work(s) “for purposes such as criticism, comment (including parody), news reporting, teaching, scholarship and research is not an infringement of copyright.” In determining whether a given use is a fair use, courts look to the purpose and character of the use; the nature of the protected work; the amount taken and the effect of the use on the market for the underlying work.

Registrations that cover copyright claims in a work in which U.S. copyright was restored under the 1994 Uruguay Round Agreements Act.

An alternative deposit copy permitted or required under U.S. Copyright Office regulations for registration, such as photographs submitted in lieu of three-dimensional works of visual arts; redacted versions of secure tests; portions of computer source code, etc. Identifying material is material that adequately represents the authorship claimed in an unpublished or published work, whether the regulations permit a substitute or whether it is a required substitute for the actual work, as in the case of most three-dimensional visual arts works.

Infringement occurs when someone other than the copyright owner exercises the exclusive right of the copyright owner unlawfully. Certain limitations to the owner’s rights are defined in Sections 107 through 122 of the Copyright Act.

“A ‘joint work’ is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” 17 U.S.C. § 101.

“‘Literary works’ are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.” 17 U.S.C. § 101. A literary work is a nondramatic work that explains, describes, or narrates a particular subject, theme, or idea through the use of narrative, descriptive, or explanatory text, rather than dialog or dramatic action. Generally, nondramatic literary works are intended to be read; they are not intended to be performed before an audience. Examples of nondramatic literary works include the following types of works: fiction, nonfiction, poetry, directories, catalogs, textbooks, reference works, advertising copy, compilations of information, computer programs, databases, and other textual works.

“A ‘mask work’ is a series of related images, however fixed or encoded — (A) having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and compendium: Glossary revised 09/29/2017 | 11 (B) in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product.” 17 U.S.C. § 901(a)(2). A threedimensional design formed on or in the layers of a semiconductor chip. This term does not apply to sculptural masks. Mask works are protected under the Semiconductor Chip Protection Act of 1984 and may be registered by the U.S. Copyright Office.

“‘Motion pictures’ are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.” 17 U.S.C. § 101. The definition of “motion pictures” does not include the following: • Unauthorized fixations of live performances or telecasts. • Live telecasts that are not fixed simultaneously with their transmission. • Filmstrips and slide sets which, although consisting of a series of images intended to be shown in succession, are not capable of conveying an impression of motion.

The database posted on the U.S. Copyright Office’s website containing records relating to registrations and document recordations issued after 1978. Also known as the Public Catalog.

The Register of Copyrights is the Director of the U.S. Copyright Office. By statute, the Register works under the general direction of the Librarian of Congress and carries out a variety of legal and policy functions that are enumerated throughout Title 17.

See “Pictorial, graphic, and sculptural works.”

A work that is issued or intended to be issued on an established schedule in successive parts bearing numerical or chronological designations that are intended to be continued indefinitely. Examples include periodicals, newspapers, magazines, newsletters, journals, bulletins, annuals, the proceedings of societies, and other similar works.

A Latin phrase meaning “of its own kind.” In the context of the copyright law, it refers to classes of works protected under the statute that do not fall within existing categories of legal protection, such as mask works and vessel designs.

“A ‘transfer of copyright ownership’ is an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license.” 17 U.S.C. § 101.

For purposes of copyright registration, “unclaimable material” includes (i) previously published material; (ii) previously registered material; (iii) material that is in the public domain; and/or (iv) copyrightable material that is not owned by the claimant named in the application. If a work contains an appreciable amount of unclaimable material, the applicant should exclude that material from the claim.