Compendium of U.S. Copyright Office Practices: Difference between revisions
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The ''Compendium II'' is directed to policy under the 1976 [[United States copyright law|Copyright Act]], as amended. The title ''Compendium II'' indicates that it replaces the original ''Compendium'', which described policy under the earlier 1909 Copyright Act. |
The ''Compendium II'' is directed to policy under the 1976 [[United States copyright law|Copyright Act]], as amended. The title ''Compendium II'' indicates that it replaces the original ''Compendium'', which described policy under the earlier 1909 Copyright Act. |
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The ''Compendium II'' is an internal manual, and it does not have the force of law, unlike the [[United States copyright law|U.S. Copyright Act]] or [ |
The ''Compendium II'' is an internal manual, and it does not have the force of law,<ref name="Kugel">[http://openjurist.org/947/f2d/1504 947 F.2d 1504], ''Kugel v. United States'', [292 U.S.App.D.C. 136] Appeal from the United States District Court for the District of Columbia (Civil Action No. 89-02650), Decided Nov. 5, 1991, Page 14.</ref> unlike the [[United States copyright law|U.S. Copyright Act]] or [[Copyright Office]] [[Code of Federal Regulations|regulations]]. However, for some issues that are not addressed in the statute or regulations (such as, for example, whether to issue a registration to a government body claiming a copyright in its enacted laws), the ''Compendium II'' is the only on-point authority.{{Fact|date=May 2010}} |
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The ''Compendium II'' is sometimes, but not often, used by attorneys in dealings with the Copyright Office. This is in contrast to, for example, the [[Manual of Patent Examining Procedure]], which is heavily relied upon by attorneys and agents dealing with the patent functions of the [[United States Patent and Trademark Office]]. |
The ''Compendium II'' is sometimes, but not often, used by attorneys in dealings with the Copyright Office. A Westlaw search of the FIP-CS database which contains documents from the U.S. Supreme Court, Courts of Appeals, District Courts, Bankruptcy Courts, Court of Federal Claims, U.S. Tax Court, Military Courts, and related federal and territorial courts showed less than fifty citations of the Compendium by the courts total.<ref>[http://www.ipmall.info/hosted_resources/copyrightcompendium.asp Compendium II: Copyright Office Practices], Patents, Copyrights, Trademarks, Trade Secrets - Pierce Law Center</ref> This is in contrast to, for example, the [[Manual of Patent Examining Procedure]], which is heavily relied upon by attorneys and agents dealing with the patent functions of the [[United States Patent and Trademark Office]]. |
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== See also == |
== See also == |
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* [[Manual of Patent Examining Procedure]] |
* [[Manual of Patent Examining Procedure]] |
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* [[Trademark Manual of Examining Procedure]] |
* [[Trademark Manual of Examining Procedure]] |
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==References== |
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{{reflist}} |
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==External links== |
==External links== |
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* [http://www.copyright.gov/title37/ Copyright Office regulations] |
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* The [http://www.copyright.gov/compendium/ Compendium II page] at the [http://www.copyright.gov/ U.S. Copyright Office web site] (includes only chapters [http://www.copyright.gov/compendium/1600.htm 1600] and [http://www.copyright.gov/compendium/1900.htm 1900]). |
* The [http://www.copyright.gov/compendium/ Compendium II page] at the [http://www.copyright.gov/ U.S. Copyright Office web site] (includes only chapters [http://www.copyright.gov/compendium/1600.htm 1600] and [http://www.copyright.gov/compendium/1900.htm 1900]). |
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* An online copy of the [http://ipmall.info/hosted_resources/copyrightcompendium.asp Compendium II], at the [http://ipmall.info/ IP Mall] (operated by [[Franklin Pierce Law Center]]). |
* An online copy of the [http://ipmall.info/hosted_resources/copyrightcompendium.asp Compendium II], at the [http://ipmall.info/ IP Mall] (operated by [[Franklin Pierce Law Center]]). |
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Revision as of 10:02, 1 May 2010
Compendium II: Copyright Office Practices is a manual produced by the United States Copyright Office. It is intended to be used primarily by the Copyright Office staff, as a general guide to the Copyright Office policies and procedures.
The Compendium II is directed to policy under the 1976 Copyright Act, as amended. The title Compendium II indicates that it replaces the original Compendium, which described policy under the earlier 1909 Copyright Act.
The Compendium II is an internal manual, and it does not have the force of law,[1] unlike the U.S. Copyright Act or Copyright Office regulations. However, for some issues that are not addressed in the statute or regulations (such as, for example, whether to issue a registration to a government body claiming a copyright in its enacted laws), the Compendium II is the only on-point authority.[citation needed]
The Compendium II is sometimes, but not often, used by attorneys in dealings with the Copyright Office. A Westlaw search of the FIP-CS database which contains documents from the U.S. Supreme Court, Courts of Appeals, District Courts, Bankruptcy Courts, Court of Federal Claims, U.S. Tax Court, Military Courts, and related federal and territorial courts showed less than fifty citations of the Compendium by the courts total.[2] This is in contrast to, for example, the Manual of Patent Examining Procedure, which is heavily relied upon by attorneys and agents dealing with the patent functions of the United States Patent and Trademark Office.
See also
References
- ^ 947 F.2d 1504, Kugel v. United States, [292 U.S.App.D.C. 136] Appeal from the United States District Court for the District of Columbia (Civil Action No. 89-02650), Decided Nov. 5, 1991, Page 14.
- ^ Compendium II: Copyright Office Practices, Patents, Copyrights, Trademarks, Trade Secrets - Pierce Law Center
External links
- Copyright Office regulations
- The Compendium II page at the U.S. Copyright Office web site (includes only chapters 1600 and 1900).
- An online copy of the Compendium II, at the IP Mall (operated by Franklin Pierce Law Center).
- An online copy of the superseded Compendium I (July 1973), at the IP Mall.