Copyright Law Research Guide

INTRODUCTION

With the information explosion of the 21st century, copyright law is now considered a central element of the nation's information economy. Whether the issue is downloading music or distance education, traditional copyright principles are being applied to new technologies in a way few could have predicted.

This Research Guide helps its readers select useful print and electronic materials on the American federal copyright law system. The Guide focuses on the Copyright Act of 1976, but refers to other intellectual property fields and international copyright where applicable.

GUIDE ORGANIZATION

The Guide is organized into five parts:

1. Introduction
2. Finding Tips: Tips on how to find copyright materials and general information about the copyright process in the United States.
3. Primary Sources of American Copyright Law: A review of the Copyright Act of 1976 and major amendments, regulations for the Copyright Office and proposed copyright legislation.
4. Secondary Sources of American Copyright Law: A review of the major treatises, journals, books and news outlets that cover copyright issues.
5. Organizations and Associations: A list of government, private and advocacy organizations that consistently deal with copyright issues.

INTENDED AUDIENCE

This Guide was created for the students, staff and faculty of the Georgetown University Law Center. All Library references – including floor locations and call numbers – are keyed to the collection at the Law Center's Edward Bennett Williams Law Library. Additionally, many of the title links reference the appropriate record in the Library's online catalog, GULLiver.

FINDING TIPS

(a) GENERAL INFORMATION

Generally, the Library keeps its copyright collection in call numbers KF2986-3080. Law Center faculty, staff and students may borrow many of these titles. (If you have any questions about whether a book can leave the Library, check with a staff member at the circulation desk.)

There is one significant exception to this rule: Melville B. Nimmer's Nimmer on Copyright [KF2991.5 .N5 1976] is shelved in Reading Room Reserve on the second floor. Nimmer on Copyright is a 10-volume treatise that is considered the leading secondary source on American copyright law.

(b) SEARCHING GULLiver SUBJECT HEADINGS

You can search GULLiver, the Library's online catalog, to find bibliographic information on the wide range of copyright titles that the Library maintains in its collection. Use the following subject headings to help you locate relevant materials:

1. Major Topics

• Copyright
• Copyright broadcasting rights
• Copyright infringement
• Copyright computer programs
• Copyright databases
• Copyright and electronic data processing
• Copyright motion pictures
• Copyright music
• Copyright performing rights
• Copyright periodicals
• Copyright sound recordings

2. Specific Subtopics

• Design Protection
• Fair Use (Copyright)
• Patent Laws and Legislation
• Public Domain (Copyright Law)

3. Related Subject Headings

• Computers law and legislation
• Multimedia systems law and legislation

Note: Adding the term United States at the end of each of these subject headings will narrow the number of responses you receive.

(c) PUBLISHERS

The following publishers have created useful materials that deal with American copyright law:

• Bureau of National Affairs (BNA)
• Commerce Clearing House (CCH)
• Lexis-Nexis
• Lexis Publishing
• Library of Congress
• U.S. Copyright Office
• West Group
• Westlaw

(d) UNITED STATES COPYRIGHT OFFICE

The U.S. Copyright Office is perhaps the best single source of information about the American copyright process. From the Office, you can download forms (many of which you can complete online before you print them out), instructions, legislative information and primers on the Copyright Act and how it applies to different forms of media.

The following pages are particularly valuable:

• Copyright Basics: This document is a useful introduction to American copyright law and process. It explains a number of topics, including what copyright is, what copyright protects, the scope of copyright's notification provisions and how long copyright lasts. It is also available in Spanish.
• Information Circulars: All of the Copyright Office's publications are available for reading and download. Most of the documents are loaded in .pdf format; some (such as the Basics circular and the copyright history circular) are available in HTML format.
• Frequently Asked Questions: Provides basic information about the Office and its operations on this page, including its address, telephone number, hours of operations and fee structure.
• Copyright Laws: Provides all of Title 17 of the United States Code in HTML and .pdf formats. Users can download the entire Title and amendments, or specific Chapters, in both formats.
• Copyright Records: The Copyright Office allows users to search registrations and ownership documents from 1978 to the present. This page also links to two related Circulars.

PRIMARY SOURCES

(a) STATUTES & LEGISLATIVE HISTORY

1. Print

The United States Code [KF62 2000 .A2] contains the authoritative version of the Copyright Act of 1976. Both the United States Code Annotated [ KF62 1927 .A3] and United States Code Service [KF62 1972 .U5] add case annotations to their versions of the Code.

Current versions of all three titles are kept in the Library's Reading Room. Previous Code editions are located in the Historic Core collection.

The Copyright Act of 1976 is codified at Title 17.

Legislative history materials for various provisions of the Copyright Act are maintained in print in the United States Code Congressional and Administrative News [KF48 .U54] (committee and conference reports, presidential signing statements) or the Congressional Record [KF35 .A26] (bill text and amendments, floor debate transcripts).

Note: For an extensive treatment of creating legislative histories, go to the Library's legislative history research guide.

2. Electronic

A number of publishers provide reliable electronic editions of primary copyright sources.

1. U.S. Copyright Office: The Office provides free, current versions of Title 17 in HTML and .pdf formats. Users can download the entire Title and amendments, or specific Chapters, in both formats.
   1. Digital Millennium Copyright Act: The DMCA is a recent and significant amendment to the Copyright Act. The Copyright Office has a very good summary of the DMCA in .pdf format. Users can refer to specific DMCA provisions by searching the Office's version of Title 17, available as a whole or by chapter in both HTML and .pdf formats.
   2. New & Pending Legislation: The Copyright Office maintains a roster of new and pending copyright legislation that Congress is considering, beginning with the 105th Congress.
2. Government Printing Office: GPO provides free current and historical versions of the U.S. Code in HTML format. Historical versions go back to the 1994 version of the Code and its supplements. Users can search all of Title 17, but not individual sections. To search past versions of the Copyright Act, enter the name of the section (i.e. ownership of copyright for Section 201) into the dialog box.
3. Legal Information Institute: This free and current HTML version of Title 17 is maintained by Cornell Law School. It is divided into Chapters; a full version of Title 17 is unavailable.
4. Online Services: Both Westlaw and Lexis fold copyright materials into larger databases that are devoted to patent and trademark law. The following databases, however, hold useful material.
   1. Westlaw:
      • FIP-USCA: Intellectual property statutes and court rules.
      • COPYREV76-LH: Legislative History of the Copyright Act of 1976 as prepared by the law firm Arnold & Porter.
5. Lexis:
   1. USCS: U.S. Code provisions.
   2. CISLH: Congressional Information Service legislative histories covering copyright law issues from 1970-1993.

(b) PROPOSED LEGISLATION

1. Print

BNA's Patent Trademark & Copyright Journal [KF2976.5 .B95] is the easiest way to get printed information on pending or recently introduced copyright legislation. Even though PTCJ devotes much of its coverage to patent and trademark issues, it tracks important copyright legislative information and also lists important case decisions. Also available electronically.

2. Electronic:

Electronic sources generally do a better job than print resources for breaking news of copyright and related legislation. The following are reliable outlets for the language of new copyright legislation, and related information.

1. U.S. Congress Committees: The Judiciary Committees of the Senate and House of Representatives has primary legislative jurisdiction over intellectual property issues. Both Committees post the language of proposed copyright bills to their respective websites. Occasionally, the Commerce Committees of the Senate and House of Representatives will handle copyright legislation issues if the issue also involves interstate commerce.
2. U.S. Copyright Office: The Copyright Office maintains an index of pending copyright and related legislation on its website. The index, which begins with the 105th Congress, provides the title of the bill, the bill number and the date the bill was introduced to Congress. If the bill became law, the index indicates the public law number. Note: The Copyright Office's version of this service links to THOMAS (see below).
3. THOMAS: THOMAS is the Library of Congress' free legislative research service. It is most effective for materials from 1995 to present. In order to find information on copyright legislation in the current Congress, enter copyright as a search term in the input box next to "By Word/Phrase." For copyright legislation that was considered in previous Congresses, link through to the Bill Summary & Status link under the "Legislation" column.
   1. Tip: THOMAS is the ultimate source for the pending copyright bills, regardless of method you use to access the information. The Copyright Office's layout, however, gives you a direct, specific way to access copyright-specific information without having to search THOMAS' entire legislative database.
4. Online Databases: Neither Lexis nor Westlaw offer specialized databases that provide news or information on pending copyright legislation. News sources (below) are much more reliable.
5. News Sources: A number of news resources publish timely and reliable information about proposed and pending copyright and related legislation. These publications can be located in the Secondary Sources section of this guide.

(c) REGULATIONS

1. Print

Congress has promulgated regulations that govern the activities of the Copyright Office. The Library maintains current editions of the Code of Federal Regulations [KF70 .A3] in the Reading Room. Previous C.F.R. editions are located in the Historic Core collection on the first floor.

These regulations can be found at Title 37, Part 201-260.

2. Electronic

There are a number of ways to electronically access regulations for the Copyright Office:

1. U.S. Copyright Office: The Office provides free, current versions of all of the Copyright Office regulations in HTML and .pdf formats. Users can download specific Parts in both formats.
2. Legal Information Institute: Cornell Law School's Legal Information Institute publishes a free HTML version of the Copyright Office regulations.

(d) CASES

1. Print:

West's Federal Reporter [KF105 .F42 3d] and Federal Supplement [KF105 .F44] are, of course, the way most copyright cases appear in print. Copyright cases that are decided by the U.S. Supreme Court are published in the United States Reports [KF101 .A2], the West's Supreme Court Reporter [KF101 .A32] and United States Supreme Court Reports, Lawyer's Edition [KF101 .A31].

Additionally, the following print resources publish important and breaking copyright decisions quickly and reliably:

1. Copyright Law Reporter: CCH's Copyright Law Reporter [KF2991.5 .C6 1978] and its companion publication, Copyright Law Decisions [KF2990.A2 C66] are the most current print publications available that are devoted solely to copyright law. The difference between the two publications is outlined below:
   1. Copyright Law Reporter: Provides copyright news and case summaries, updated weekly.
   2. Copyright Law Decisions: Provides opinions, serves as an alternative reporter, updated monthly.
2. U.S. Law Week: BNA's U.S. Law Week [KF105 .U6] provides a summary and analysis of significant state and federal court opinions. Updated weekly, USLW does not focus on copyright, but it does a good job in publishing copyright cases that apply traditional law to new technology.
3. United States Patent Quarterly, 2nd Series: Despite its name, BNA's U.S. Patent Quarterly, 2nd Series [ KF2975 .A2 2nd Ser] publishes copyright cases in its Digest, a looseleaf volume whose content are bound into hardcover books after one year. USPQ has its own classification scheme, but works much like the West Digest system. New cases are added on a weekly basis.
4. Patent Trademark & Copyright Journal: The Patent Trademark & Copyright Journal [KF2976.5 .B95 ] is another BNA publication that publishes copyright decisions. The Journal has a broader scope than Quarterly: in addition to cases, PTCJ includes information on treaties, legislation, rules from each of the three federal intellectual property Offices and professional conferences. PTCJ is updated weekly. Also available elctronically.
5. Legal Newspapers: Another way to get a printed - albeit unofficial - version of a case is to check regional legal newspapers. The New York Law Journal is particularly good about publishing significant copyright opinions within a week to 10 days of the judge's decision. NYLJ reports cases from the New York's federal courts, which are particularly influential in shaping the course of copyright jurisprudence.
   1. Tip: There can be a large time lag between a judge's decision and its publication in one of the reporters. As a general rule, cases will appear in print in the following order:
      • Looseleaf services, legal newspapers
      • Court slip opinions
      • Commercial advance sheets
      • Commercial reporters
      • Government official reporters

2. Electronic:

If you need to see a copyright decision immediately, you are much better off trying to get hold of an electronically published version. While electronically published cases are unofficial (and therefore generally cannot be cited), the decisions often published almost as soon as the court clerk receives the opinion from the authoring judge.

Check the following outlets for case opinions:

(a) Online Databases: Both Westlaw and Lexis pride themselves on posting new and particularly important cases soon after the court releases an opinion.

(b) Court Websites: Most of the nation's 107 federal district and appeals courts maintain websites. The United States Supreme Court also maintains a website. Many of these courts make opinions available to the public at the same time they are posted to Westlaw and Lexis; the federal court opinions, though, are free.

Tip: Case availability and posting times vary widely across the federal court system. Generally, the Supreme Court is the best federal court at posting decisions to their website soon after the Clerk has announced that an opinion has been rendered.

(c) Legal Information Institute: Cornell's Legal Information Institute provides free opinions from all of the federal appeals courts, and a good amount of federal trial courts. LII also has keeps a section of its site reserved for copyright decisions from the nation's federal appeals courts.

(d) Party Websites: Parties or amici that are involved in copyright litigation often will post court briefs, motions pleadings, and decisions to their website. Many times, key decisions involving the parties are posted within hours of the release of the decision.

For a list of businesses, agencies and firms that are regularly involved in copyright litigation, check the Organizations page of this Guide.

SECONDARY SOURCES

PRINT RESOURCES

1. Treatises and Looseleafs

The following publications are the leading treatises on American copyright law:

1. Copyright Law Reporter [KF2991.5 .C6 1978] by Commerce Clearing House (1978). CCH's Copyright Law Reporter and its companion publication, Copyright Law Decisions [KF2990.A2 C66] are the most current print publications available that are devoted solely to copyright law. With an emphasis on case reporting and analysis, its audience is experienced copyright and intellectual property practitioners.
2. Copyright by Paul Goldstein (1998) [KF2994 .G65 1996]. Written by a Stanford Law School professor, this four volume treatise is considered a viable substitute for Nimmer (below). One possible advantage this work has over Nimmer is that many observers think Goldstein's work does a better job at explaining fundamental copyright law to non-specialists. It can also be searched on Lexis.
3. Copyright Registration Practice by James E. Hawes (1999) [KF3004 .H29 1999]. Written by a California lawyer, this is the best resource available for explaining how registration issues affect federal copyright law. It thoroughly discusses Copyright Office policies, procedures, forms and fees, and is updated twice each year. It can also be searched on Westlaw.
4. Nimmer on Copyright by Melville B. Nimmer (1976) [KF2991.5 .N5 1976] . Nimmer is widely considered to be the leading copyright treatise by virtue of how often federal courts cite it. It is massive – 10 volumes in all – and exhaustive in its coverage. If you need a cite, use Nimmer; if you need an explanation, other sources may be better.

2. Books

The following books may be a good starting point for researching U.S. copyright law.

1. Julie E. Cohen, et. al. Copyright in a Global Information Economy (2006) [KF2996 .C67 2006] An up-to-date look at copyright in our information economy, including fair use, infringement and technological protections for copyright. The authors maintain a Cool Copyright web site with links to relevant case law.
2. Kenneth D. Crews. Copyright Essentials for Librarians and Educators (2006) [KF2995 .C74 2005]. Despite its orientation toward librarians and educators, Crews' book is a clear and concise explanation of modern copyright law. It also includes clear explanations of the Digital Millennium Copyright Act.
3. Michael Davis & Arthur Miller. Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell (2007) [KF2980 .M52] This overview of the topics provides authoritative coverage of the foundations of the patenting process, trademarks and copyright law.
4. Paul Goldstein. Copyright's Highway: From Gutenberg to the Celestial Jukebox (1994) [KF2994 .G654 1994]. Goldstein's book provides a good history of the development of copyright law. By virtue of its publication date, however, it is best used as a primer on copyright protection for print resources.
5. Marshall Leaffer. Understanding Copyright Law (2005) [KF2994 .L43 2005] A basic overview of copyright law with a Table of Cases and a Table of Statutes included. It is concise and relevant.
6. Lawrence Lessig. Code: And Other Laws of Cyberspace (1994) [ZA3225 .L47 1999]; The Future of Ideas: The Fate of the Commons in a Connected World (2001) [K1401 .L47 2001]. Stanford's Lessig has become known as the leading copyright scholar in the country. These two books ultimately argue that government has a place in guiding the Web in its development (Code) because if the Web is left to commercial interests alone, large corporations will dominate its landscape and control the transfer of information and ideas (Future).
7. Jessica Litman. Digital Copyright: Protecting Intellectual Property on the Internet (2001) [KF3030.1 .L58 2001]. A professor at Wayne State University, Litman argues that recent copyright law amendments – many made in response to digital technology – are upsetting the constitutional balance between the public and copyright holders. Litman's description of how copyright laws are made (Chapters 2 and 3) is particularly useful for those who need information on the the modern legislative process.
8. William E. Patry. Copyright Law and Practice [ KF2991.5 .P382] Patry provides guidance on copyright ability and infringement, ownership and transfer of rights.
9. Edward Samuels. The Illustrated Story of Copyright (2000) [KF2994 .S26 2000]. Samuel's books analyzes modern copyright law by looking at the doctrine's historical foundation. With its many anecdotes and illustrations, it is the best single volume work on the history and development of copyright law.
10. William Strong. The Copyright Book: A Practical Guide, 5th Edition (1999) [KF2994 .S75 1999] This title, written by a Boston intellectual property lawyer, is a thorough, simple treatment of a complex subject. Copyright rules are laid out simply and in plain English.

ELECTRONIC RESOURCES

1. News Centers, Listservs and Other Electronic Fora

1. Patent, Trademark & Copyright Journal (BNA)
2. Tech Law Journal: A strong and reliable publication that compiles "news, records, and analysis of legislation, litigation affecting the computer and Internet industry." While it does not deal exclusively with copyright law, many of the topics in its scope relate to copyright law.
3. CNI-Copyright Listserv: The Coalition for Networked Information maintains an open listserv devoted to copyright issues. The list is archived back to June 1992. Geared mostly to practitioners, the listserv can be a strong resource concerning cutting edge issues. Subscribe at cni-copyright@cni.org.
4. CNet News.com and Wired News: Both News.com (part of the CNet.com portal) and Wired News (part of the Wired portal) are consistently the most reliable and quickest sources of breaking news on the digital economy. Both often break news on important copyright issues, and often make related, older stories available for free.
5. LLRX.com Newstand: Compiled by law librarians, this site lists daily links to stories devoted to information industries and the digital economy.
6. The New York Times' Technology section and The Washington Post's Technology section: Neither publication is the the quickest to publish digital economy or copyright news, but both often gather information that other outlets cannot get.

2. Online Databases

1. Westlaw
   • BNA-PTD: BNA's Patent, Trademark & Copyright Law Daily.
   • BNA-PTCJ: BNA's Patent, Trademark & Copyright Law Journal. (See Primary Sources for description.)
2. Lexis
   • COPYRT;BNAPTD: BNA's Patent, Trademark & Copyright Law Daily.
   • COPYRT;PTCJNL: BNA's Patent, Trademark & Copyright Law Journal. (See Primary Sources for description.)
   • COPYRT;NIMMER: Nimmer on Copyright.

ORGANIZATIONS

As copyright law becomes more important to the information economy, it is more likely that both public and private organizations will be involved in the political, legislative and judicial process. The following list provides links to some of the most active organizations in the copyright field.

(a) Government

• U.S. Copyright Office: The primary federal agency for copyright law.
• U.S. Congress: Legislative authority for copyright matters vests in the following committees.
  • Judiciary Committees of the Senate and House of Representatives has primary legislative jurisdiction over copyright issues.
  • Commerce Committees of the Senate and House of Representatives will handle copyright legislation if the issue involves interstate commerce.
• World Intellectual Property Organization: WIPO is an international organization of member states that administers 23 treaties, including the WIPO Copyright Treaty.

(b) Entertainment and Media

• American Society of Composers, Authors & Publishers (ASCAP): ASCAP is one of two major American organizations that collects music performance royalties on behalf of recording artists, songwriters and performers.
• Association of American Publishers: AAP is the principal trade association for the book publishing industry.
• Broadcast Music, Inc. (BMI): Like ASCAP, BMI is a performing rights organization that collects music performance royalties on behalf of recording artists, songwriters and performers.
• Future of Music Coalition: The Coalition seeks to develop equitable policy initiatives across music and technology.
• Harry Fox Agency (National Music Publishers Association): Harry Fox collects licensing royalties on behalf of music publishers.
• Home Recording Rights Coalition: The HRRC's mission is to protect consumers' right to buy and use analog and digital recording equipment.
• Motion Picture Association of America: MPAA is the principal trade association of the film industry.
• Recording Industry Association of America: RIAA is the principal trade association of the record industry.
• Secure Digital Music Initiative: SDMI is a consortium that seeks to develop digital rights management technology for use in the music industry.
• Society of European Stage Authors and Composers (SESAC): Although it is smaller than both ASCAP or BMI, SESAC is a third music performing rights organization in the United States.

(c) Libraries

• American Association of Law Libraries: AALL is the trade association for law libraries in universities, law firms, businesses and municipalities.
• American Library Association: ALA is the largest library representative organization in the country, and focuses on public and school libraries.
• Association of Research Libraries: ARL is the principal trade association for North America's leading research libraries in universities and other nationally significant institutions.
• Special Libraries Association: SLA represents the interests of libraries that are in corporate environments, with some presence in academic and government environments.

(d) Computers & Technology

• Business Software Alliance: BSA represents the interests of the computer software and electronic commerce industries.
• Digital Future Coalition: DFC is a wide coalition of educational, business and consumer groups that seeks to balance intellectual property rights and public policy.
• Electronic Frontier Foundation: EFF is a electronic civil liberties organization.
• Information Technology Association of America: ITAA represents the interests of the information technology industry.
• Software & Information Industries Association: SIIA represents the interests of the software and digital content industry.

(e) Miscellaneous

• American Bar Association - Section of Intellectual Property Law: World's largest intellectual property organization.
• American Intellectual Property Law Association (AIPLA): National Bar Association of lawyers involved in the practice of patent, trademark, copyright and unfair competition law.
• Copyright Clearance Center: CCC licenses reproduction rights for electronic and print content, and collects license fees for use of that content.
• Copyright Society of the USA: Dedicated to advancing the study of copyright law and related rights across all media.
• iCopyright: iCopyright is an instant clearing service for electronic content.
• Creative Commons: Creative Commons is a project that helps artists and authors protect their works with alternatives to copyright law.
• Berkman Center for Internet & Society: Harvard University's Berkman Center is a research center that study the Internet and the laws that apply to it.
• Chilling Effects Clearinghouse: A joint project of the Electronic Frontier Foundation, Harvard, Stanford and others, the goal of the Clearninghouse is to help users and website owners understand legal issues that affect and govern online activities.
• Hieros Gamos - Intellectual Property: Website provides links to numerous resources dealing with trademark, patents and copyright.
• UNESCO Collection of National Copyright Laws: comprehensive collection of copyright laws from throughout the world.

Revised 05/2007 (MMK)

Page last saved 27-Apr-2009