General Rightsholder Information

Questions about Copyright

1. Do I need to do anything special to obtain a copyright?
   No. Copyright protection is automatic. In the United States, copyright is a form of protection provided by the law to the authors of "original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works," granting the person or entity that created the work certain exclusive rights.

   Copyright exists from the time the work is fixed in a tangible form of expression—that is, when it is written, recorded, etc. The copyright in the work of authorship immediately becomes the property of the author who created the work. In the case of works made for hire, the employer, not the writer, is considered to be the author.

2. How are "rights" defined?
   Under the United States Copyright Act found at Title 17 of the U.S. Code, a creator of original materials is granted a package of exclusive rights, the entire package of which is generally referred to as the creator's "copyrights." Click here for more information on the Copyright Act.

   In Copyright Clearance Center's licensing services, a "right" is the legal entitlement to use a work in the way specified, such as reproduction via photocopying or electronic means. In Copyright Clearance Center's licensing services, a copyright rightsholder (publisher, author, etc.) authorizes Copyright Clearance Center to license "rights" to content users.

3. How are "works" defined?
   In Copyright Clearance Center's licensing services, a work is a uniquely identifiable unit of copyrighted material.
4. Do I need to register my copyright?
   Registration is not required, though it is highly recommended. In order to file a lawsuit claiming copyright infringement, the work must have been registered with the Copyright Office.
5. Do I need a copyright notice to protect my work (writings, art, music, etc.)?
   No, although it is recommended. On March 1, 1989, the U.S. adopted the Berne Convention and eliminated the requirement that a copyright notice be attached to works. Though no longer required, a copyright notice is often beneficial as it reminds content users that the work is protected by copyright law.

   Should you elect to utilize a copyright notice, you may do so freely without permission from, or registration with, the U.S. Copyright Office.

   The notice for visually perceptible copies should contain all the following three elements:

   1. The symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr."
   2. The year of first publication of the work.
   3. The name of the owner of copyright in the work.
      Example: © 2004 John Doe
6. Is signing an agreement with Copyright Clearance Center the same as registering the copyright to my work?
   No. Signing an agreement with Copyright Clearance Center allows you to participate in our licensing programs for rightsholders. Copyright Clearance Center cannot register your copyright. Registering the copyright in your work can only be done through the Copyright Office at the Library of Congress.
7. What is a standard number?
   A standard number is a universal identification device for, in our case, books or serials. The most common standard numbers for books and serials are ISSN, ISBN and LCCN.

   An ISSN, International Standard Serial Number, has four numbers, a hyphen, and four more characters: (Example: 4444-000X). ISSNs identify serials (magazines, journals, newsletters, newspapers, etc.).

   An ISBN, or International Standard Book Number, has 10 characters and three hyphens (or 13 characters in all). The first two hyphens appear in various positions, but the third hyphen always precedes the tenth character (Example: 0-444-00000-X).

   An LCCN, or Library of Congress Card Number, also identifies books. An LCCN consists of a two-digit year followed by a hyphen and up to six digits (Example: 94-444444).

8. Is copyright infringement always criminal?
   No. It can be a criminal violation—with possible fines and prison penalties. But it is most often a civil violation. In both civil and criminal cases, the statute of limitations for infringement is generally three years.
9. Does Copyright Clearance Center have a copyright enforcement program?
   Yes. Copyright Clearance Center often receives reports of potential infringement from various sources who are generally concerned about unfair competitive markets and the inequities that non-compliance produces. Other reports of infringement come from infringers' customers, their former (or current) employees, or other copyright-interested parties.

   In keeping with our mission to provide copyright education and content licensing solutions for both the academic and corporate markets, Copyright Clearance Center takes seriously reports of non-compliance and we follow up on reports of multi-work and multi-rightsholder infringement as thoroughly as possible. Over the last few years we have helped to coordinate more than a dozen cases of content infringement across the United States.

   We welcome the opportunity to provide information and investigatory support to rightsholders concerned about the misuse of their content and to aggregate groups of rightsholders willing to litigate to resolution. Although we are not a law firm and cannot represent individuals or groups of rightsholders in infringement matters, we are in a position to coordinate and streamline the administrative process relating to these matters as appropriate.

10. How do I get more general information or access to more resources about copyright law?
    Visit our Copyright Central section to view tools and resources that can help you gain a better understanding of U.S. Copyright Law, protect your copyrights, educate content users, and create a culture of compliance throughout your organization.

Questions about Working with Copyright Clearance Center

1. In signing an agreement with Copyright Clearance Center, what am I allowing Copyright Clearance Center to do with my intellectual property?
   In general, you are authorizing Copyright Clearance Center to grant permission to others to reuse excerpts from your works and to collect royalties on your behalf. You choose the works to grant permission for and set the royalty fee to be charged. Pre-authorizing your works—that is, giving authorization in advance—speeds the permissions process for content users and reduces the likelihood of infringement. All agreements are non-exclusive.
2. How does Copyright Clearance Center get my content?
   Copyright.com does not provide content. Copyright.com only provides content users with the necessary legal permission to reuse copyright-protected material. Content users are responsible for obtaining the material they wish to reuse. Content users typically obtain permission from Copyright Clearance Center to reuse material they already have in hand.
3. Can I send content users to Copyright Clearance Center to obtain permission to use my works?
   Yes. The easiest and most efficient way for content users to contact Copyright Clearance Center is via our Web site, copyright.com, which is available 24/7. Content users may also write to us at Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, telephone us at 978-750-8400 or contact us via fax at 978-646-8600.
4. What kind of statement can I place in, or post on, my content to notify content users to contact Copyright Clearance Center directly for permission?
   There is no one standard format. The following is a "sample" statement:

   "For permission to reuse copyrighted content from (name of work and/or standard number), please access www.copyright.com or contact Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, telephone 978-750-8400, fax 978-646-8600. Copyright Clearance Center is a not-for-profit organization that provides copyright licensing on behalf of (name of rightsholder)."

5. How can I maximize the royalties I receive from Copyright Clearance Center?
   Copyright Clearance Center offers a wide range of licensing programs covering both photocopy and digital uses of copyrighted materials, including the majority of those types of uses most requested by content users. Listing your works in a combination of these services provides you the best opportunity to maximize your royalties, control your content and benefit from the digital content reuse market.
6. How do I change the royalty fees I currently have listed with Copyright Clearance Center?
   Pricing changes are published by Copyright Clearance Center on a quarterly basis and must be submitted to Copyright Clearance Center approximately 45 days prior to the beginning of each calendar quarter.
7. How do I list additional titles with Copyright Clearance Center?
   You can add more titles at any time via copyright.com. Click here to learn how.
8. I no longer retain the copyright, or have newly obtained the copyright to, certain titles. How do I notify Copyright Clearance Center of these changes?
   Short lists of title changes can be e-mailed directly to your account representative. Longer lists should be submitted via e-mail, preferably in spreadsheet format. Click here for instructions on how to submit changes.

Questions about Copyright Clearance Center's Royalty Payment Policies

1. Why did I receive a request for an IRS Form W-9 or W-8 from Copyright Clearance Center?
   To comply with tax regulations Copyright Clearance Center must request that all rightsholders due royalties complete and return an Internal Revenue Service (IRS) Form W-9, Request for Taxpayer Identification and Certification. For foreign rightsholders who are not U.S. taxpayers, a W-8 form is required. If a W-9 or W-8 form is not on file, Copyright Clearance Center is required to withhold and report to the U.S. Internal Revenue Service (IRS) a designated portion of any royalty payment due. This is called "backup withholding."

   More information on backup withholding and Forms W-9 and W-8 can be found at the IRS Web site. For additional copies of the forms click here. Completed forms can be faxed to 978-750-4904, Attention: Finance Dept, or mailed to Copyright Clearance Center, Finance Dept, 222 Rosewood Drive, Danvers, MA 01923.

2. What is Copyright Clearance Center's minimum payment policy?
   Royalties of $250 or more per program are distributed quarterly. The minimum payment amount is lowered to $50 once annually. This policy allows for the widest and most efficient distribution of royalties to all rightsholders.
3. How do I avoid the additional 15% manual processing charge on requests that are granted through Copyright Clearance Center?
   The additional 15% manual processing charge only applies to requests that require your approval on a case-by-case basis. The charge can be easily avoided by simply listing your works for pre-authorization in our various copyright permission services. Pre-authorization allows you to establish a set of specific permission policies and fees for licensing your work. Contact your account representative for more information on listing your works.
4. How can I review/analyze historical payment information?
   Every royalty payment distributed to you by Copyright Clearance Center includes reports that correlate to the payment in question. Maintaining a record of these reports is the best way to analyze historical data on the re-use of your copyrighted material. If you require a copy of an old report, please contact your account representative.
5. Can I receive my payment reports in electronic format?
   All payment reports that are normally enclosed with a royalty distribution from Copyright Clearance Center can be delivered via e-mail as an Excel spreadsheet. If you would like to receive payment reports electronically, please contact your account representative.

Questions about Copyright Clearance Center's Distribution of Foreign Royalties

1. Why am I receiving a foreign photocopying royalty check from Copyright Clearance Center?
   Under bilateral agreements with Reproduction Rights Organizations (RROs) around the world, Copyright Clearance Center is able to distribute royalties to thousands of authors, publishers and other creators for photocopying of printed texts outside the United States. With few exceptions, each foreign RRO from which this payment is being made collects license fees for photocopying under special legislation in its country that permits the use of U.S. works without authorization from the U.S. rightsholder. Fees are collected for photocopying in schools, universities, businesses, research centers and elsewhere.

   The check you received is for the portion of the RRO's collections that are designated for you, per regulations and special arrangements in the collecting country. Copyright Clearance Center did not authorize use of your works; Copyright Clearance Center's only role is to work with the foreign RROs to repatriate these funds, and get them to you.

2. What is a Reproduction Rights Organization, or RRO?
   RROs began in response to the need to license wide-scale photocopy access to the world's scientific and cultural printed works. RROs are a form of the "collecting societies" that also exist in other creative areas where large numbers of creative works need to be licensed together in a convenient fashion, such as music performance rights (Example: ASCAP and BMI).

   Copyright Clearance Center is the RRO for the United States. For more information on RROs, see the International Federation of Reproduction Rights Organizations (IFRRO).

3. Do you know what works of mine were reused?
   Not necessarily. Some RROs provide more detail than others, and some foreign RROs do not collect information about what works, or how much of any work, has been photocopied. Copyright Clearance Center forwards with the royalty check whatever information is provided by the collecting RRO on the foreign use of U.S. works.

4. Is it illegal for someone in a foreign country to photocopy my material without permission?
   Not necessarily. Copyright law in other countries can vary greatly from U.S. copyright law. For example, content users in some countries do not necessarily require permission from any rightsholder or creator to reuse printed material by photocopying it. Instead, the laws of some countries include "statutory licenses" that give users the right to photocopy material on the condition that they pay royalties (which are often set by the same statute) to an RRO. Therefore, although the RRO in a particular country may not have received authorization from you or from Copyright Clearance Center to license your work, it will have collected photocopy license fees with full legal authority in its own country.
5. Does cashing this check obligate me in any way to Copyright Clearance Center?
   No, cashing the check in no way obligates you to Copyright Clearance Center, nor does it require your participation in any Copyright Clearance Center program.