Do It Yourself Copyright Search (DIY)
For
some items, you can do part or all of a Copyright search
yourself. This quick "How to" will give you an overview of the tools
and knowledge you'll need. This tutorial links to web files and points to books at large libraries you can use for your
search, but ultimately, a visit the U.S. Copyright Office in Washington,
D.C will probably have to be made by you or a professional you hire.
Information You Need Before You begin
To look up a registration
or renewal of an item, you need to know:
- The approximate year of publication or
registration
- The name of the Copyright claimant (sometimes different
from the author, publisher or producer).
Images (including photographs, graphic arts, motion
pictures, engravings, maps, etc.) are indexed according to year and claimant.
For instance, if you were looking at an image that had the notice "Copyright
1940 XZY Co." your task is simplified, knowing the date (1940) and the
registrant (XZY Co.). In the absence of a Copyright notice, you'll have to make
educated guesses at the date and claimant, or hope that your guess at a title or
author may hit on a cross reference in the card catalog. Unfortunately, there is
no subject index to the Copyright Card Catalog. In hopes of coming up with a
claimant and date, you can do a little pre-research by looking for similar
images in books and other collections. Sometimes you will find the exact image,
or one obviously shot at the same time, and photo credits or other accompanying
text can lead you to the claimant and date for your image. In order to complete
your search, other information may be needed:
- The title of the work, with any possible variants
- The names of the authors, including possible pseudonyms
- The type of work involved (photograph, film, map, book, play, musical
composition, sound recording, etc.)
- In the case of a periodical or collection, you'll need the title, volume
or issue number of the periodical or collection
- The registration number or any other Copyright data
Search Using the Web, Books, and The Copyright Office Records
You may
search the U.S. Copyright Office 1978 and later records online. Since items created since
1978 are automatically Copyrighted (as noted in "The Date Test "), this is not very helpful for most
searches. But renewal information for items Copyrighted from 1951 -
1963 (and some from 1950) are searchable here. (As noted in "The
Date Test"), items from 1964 and
later were automatically renewed, so no renewal needed to be filed.)
The
Copyright Office has published a series of books that summarize Copyright
Records for certain classes of items through 1978, and on microfiche for
1979-1982. You may be able to find volumes
of The Catalog
of Copyright Entries at a local library. In
addition, The University of Pennsylvania and others are scanning these
volumes. You can see links to
various parts and versions
completed so far. However, the limits of Optical Character
Recognition (OCR) mean, that
even if they have a 99.9% accuracy rate, there
may be tens of thousands of records that won't be able to be found
by text search, which could lead to disastrous assumptions about a given work. These
may be useful for a quick check, have a Professional Copyright Search done to be certain.
It is also a best practice to
double check for renewals by examining the original Copyright registration,
where there will be a handwritten notation. These originals are only
available in the Records Maintenance Unit at the U.S. Copyright
Office.
The best and most conclusive way to find out if items from the 1923-1977
era filed a Copyright or renewal is to visit The U.S. Copyright Office in
Washington, D.C. and physically view the card catalog and other
files.
There is quite a bit to know about this, and it is best to get the
procedures from the official source, The U.S. Copyright Office. To learn the
details, see Circular 22 and Circular
23 from the U.S. Copyright Office.
There are things those circulars do
not tell you, and In fact, Copyright Office employees
are prohibited from giving specific legal advice on many aspects of
Copyright. (Code of Federal Regulations, title 37,
chapter II)
When you
complete your search you will have a result to interpret on your own. What do
various search results mean? We will share that next.
Next: What a Copyright Search Result
Means or Professional Copyright
Search
A Professional
Copyright Search
Many find the travel time, expense, and expertise needing to be
developed outweighs the modest cost and the quick turnaround of a Professional
Copyright Search. The
experience and depth of knowledge of a professional
can remove the guesswork and give clarity and surety to many Copyright
questions.
or call Scott Tambert at for a free consultation.
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