Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished work. Section 1206 of the Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• To reproduce the copyrighted work in copies...
• To prepare derivative works based upon the copyrighted work
• To distribute copies...of the copyrighted work to the public by sales or other transfer of ownership, or by rental, lease, or lending
• To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works,...pictorial, graphic or sculptural works, including the individual images of a motion picture or other audiovisual work.

It is illegal for anyone to violate any of the rights provided by the Act to the owner of copyright. These rights, however are not unlimited in scope. Sections 107 through 119 of the Copyright Act establish limitations on these rights....One major limitation is the doctrine of "fair use", which is given a statutory basis in section 107 of the Act.

Copyright protection exists from the time the work is created in fixed form; that is, it is an incident of the process of authorship. The copyright in the work of authorship immediately becomes the property of the author who created it. Only the author or those deriving their rights through the author can claim copyright.

In the case of works made for hire, the employer and not the employee is presumptively considered the author. Section 101 of the copyright statute defines a "work made for hire" as:

• A work prepared by an employee within the scope of his or her employment; or
• A work specially ordered or commissioned for use as a contribution to a collective work, as part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary. 

• Works that have been fixed in a tangible form of expression.
• Titles, names, short phrases, and slogans; familiar symbols or design; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration.
• Works consisting entirely of information that is common property and containing no original authorship. For example: standard calendars, height and weight charts, tape measures and rules, and lists or tables taken from public documents or other common sources.

For works first published on and after March 1, 1989, use of the copyright notice is optional, though highly recommended. Before March 1, 1989, the use of the notice was mandatory on all published works, and any work first published before that date must bear a notice or risk loss of copyright protection.

(The Copyright Office does not take a position on whether works first published with notice before March 1, 1989, and reprinted and distributed on and after March 1, 1989, must bear the copyright notice.) 

A work that is created on or after January 1, 1978, is automatically protected from the moment of its creation, and is ordinarily given a term enduring for the author's life, plus an additional 50 years after the author's death. In the case of a "joint work prepared by two or more authors who did not work for hire," the term lasts for 50 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 75 years from publication or 100 years from creation, whichever is shorter.

For works originally created before January 1, 1978, but not published or registered by that date, consult the full Circular #1, or contact the Copyright Office. 

Any or all of the exclusive rights, or any subdivision of those rights, of the copyright owner may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed (or such owner's duly authorized agent). Transfer of a right on a nonexclusive basis does not require a written agreement (Ed note: But to prevent confusion on what rights are specifically transferred, it is good practice to put the conditions of the transfer in writing.)

A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of interstate succession.

Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney. 

U.S. & FOREIGN CURRENCY REPRODUCTIONS
Before 1984, the law did not permit the use of currency reproduction in commercial advertisements (whether they were photographic or other likenesses). Reproduction was permitted only for philatelic, numismatic, educational, or news purposes. However, the U.S. Supreme Court held in Regan vs. Time, Inc. (1984) that the section of the law which forbade the reproduction of U.S. or foreign currency was an unconstitutional restriction of free speech. The Regan vs. Time, Inc. decision therefore, prompted the Department of Treasury to permit the reproduction of U.S. and foreign currency for any purpose, if the reproduction met certain requirements (18USC504).

Eight years later, the Counterfeit Deterrence Act of 1992 granted authority to the U.S. Secret Service (through the Department of Treasury) to permit color illustrations of United States currency, subject to rulemaking. The Secret Service issued its final rule effective May 31, 1996 (Federal Register: 5/31/96, Vol. 61, No. 106, pages 27280-27281), amending Title 3, Chapter IV of the Code of Federal Regulations, by adding Part 411 to permit color illustrations (as authorized by 18USC504 and Treasury Directive No. 15-56, 58FR48539 (9/16/93)).

The current regulations on currency reproduction now permit the printing, publishing or importation, or the making or importation of the necessary plates or items for such printing, of color illustrations of U.S. currency provided that all of the following criteria are met:

1. The currency reproduction is more than one and one-half the size or less than three-fourths the size, in linear dimension, of the currency or any part of the currency.

2. The illustration must be one-sided;

3. All negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, and optical storage devices that contain an image of the illustration shall be destroyed and/or deleted or erased after their final use.

In addition, since 1948, the law (18USC475) prohibits the printing of business cards containing images of obligations or securities of the United States unless the previously listed restrictions are met. Furthermore, the law prohibits the stamping of advertisements onto genuine obligations.

UNITED STATES TREASURY CHECKS & BONDS
The law does permit the photographic likenesses of U.S. Treasury checks and bonds for any purpose provided the items meet the three conditions for currency reproduction: (a) less than 3/4 or greater than 1-1/2 times the size, in linear dimension, of each part; (b) printed on only one side; and (c) the negatives, plates, etc. used in making the likeness are destroyed after their final use.

COIN REPRODUCTIONS
The law (18USC504) allows for the reproduction of coins as follows:
1. Illustrations and flat images--coins may be reproduced in any size or color.

2. Genuine (raised images)--coins may be reproduced if the reproduction is (a) more than twice the diameter of a silver dollar, or (b) less than half the diameter of a dime.

3. Other requirements--such reproductions, moreover, must conform to the provisions of the Hobby Protection Act and must be marked "COPY" in the prescribed manner.

STAMPS (Postage, Postage Meter, Revenue, Migratory Bird Hunting)
1. Cancelled stamps--full color, actual size reproductions are permitted.

2. Uncancelled stamps--full color, replicated or enlarged reproductions are permitted, but they must be less than 3/4 or greater than 1-1/2 times the original dimensions.

OTHER COMMON USES
We are frequently asked about reproduction guidelines when (a) the currency or other obligation is distorted, (b) a portion of the note is used, or (c) another portrait or alternative language is substituted in place of the original.

You are permitted each of these modifications, but only when the three tests detailed in the section on "U.S. & Foreign Currency Reproductions" are met.

If you have questions about the reproduction of U.S. obligations, please call the PIA-Texas offices.

U.S and Foreign Postage Stamps
Printed illustrations of cancelled and uncancelled United States and foreign postage stamps are permissible for any non-fraudulant purpose. Black-and-white illustrations of uncancelled U.S. and foreign postage stamps are permissible in any size. Colored illustrations of cancelled U.S. or foreign postage stamps are permissible as long as they are less than three-fourths or more than one-and-one-half times the size of the genuine stamp. Cancelled U.S. and foreign postage stamps must bear an official cancellation mark; that is, the stamps must have been used for postage. Also, the plates and negatives, inluding glossy prints of U.S. and foreign obligations, must be destroyed after their final use for the purpose for which they were made.

TEMPORARY MOTOR VEHICLE DEALER TAGS

In Texas, any printer wishing to produce vehicle dealer tags must be licensed with the State of Texas' Department of Transportation. The firm completes the "Authorization to Print Copyrighted Material" form and makes payment of $10.00. This will cover a five (5) year registration. In turn, the state will issue a license number, art slick of TxDOT logos, and samples and instructions for printing the 20 possible type of temporary tags.

OTHER RESTRICTED MATERIALS

Printers need to be aware that there are many other instruments (negotiable and otherwise) which need to be treated as currency (reduced 75% or enlarged 150%). They include: traveler's checks, money orders, check drafts, Internal Revenue stamps, bonds, gold certificates, and register receipts and tapes.

There are also identification materials (see the following list) when copied should be done only in black and white to uphold the laws against counterfeiting. Here is a partial list of some of these documents: passports, badges, birth certificates, diplomas, immigration papers, certificates of US citizenship, parking permits, driver's licenses, ID cards, transportation tickets, auto titles, signatures, and school transcripts.

POLITICAL ADVERTISING
What You Need To Know

The Texas Election Law requires certain disclosures and notices on political advertising. The law also prohibits certain types of misrepresentation in political advertising and campaign communications. This brochure explains what you need to know to ensure that your political advertising and campaign communications comply with the law.

REQUIRED DISCLOSURE ON POLITICAL ADVERTISING

I. What Is Political Advertising_

The disclosure and notice requirements discussed in this section apply only to political advertising. In the law, "political advertising" is a specifically defined term. Don't confuse this special term with your own common-sense understanding of advertising.

To figure out if a communication is political advertising, you must look at what it says and where it appears. If a communication fits in one of the categories listed in Part A (below) and if it fits in one of the categories listed in Part B (below), it is political advertising.

Part A. What Does It Say_

1. Political advertising includes communications supporting or opposing a candidate for nomination or election to either a public office or an office of a political party (including county and precinct chairs).

2. Political advertising includes communication supporting or opposing an officeholder, a political party, or a measure (a ballot proposition).

Part B. Where Does It Appear_

1. Political advertising includes communications that appear in pamphlets, circulars, fliers, billboards or other signs, bumper stickers, or similar forms of written communication.

2. Political advertising includes communications that are published in newspapers, magazines, or other periodicals in return for consideration.

3. Political advertising includes communications that are broadcast by radio or television in return for consideration.

Notice that under Part B(2) and Part B(3) there is a "consideration" requirement. "Consideration" is a legal term meaning, in this context, that the publisher or broadcaster received something of value in exchange for publishing or broadcasting the communication. The effect of the consideration requirement in Part B(2) and Part B(3) is that communications in the form of editorials, "op-ed" pieces, letters to the editor, or call-ins to a radio show, for example, are not "political advertising" and are not required to carry a disclosure.

II. When Is A Disclosure Statement Required_

Political advertising, with a few exceptions, must include a "disclosure" statement (sometimes referred to as a "disclaimer"). The disclosure statement is required on political advertising if you have entered into a contract or other agreement to print, publish, or broadcast the political advertising. You enter into an agreement to print, publish, or broadcast something if another person agrees to do the printing, publishing, or broadcasting for you. There is an agreement even if the other person agrees to do the printing for free.

Example: If you make your own yard signs from scrap wood or print political fliers with your own computer and printer, the disclosure is not required. But, if you print a master copy of a political flier at home and then you agree to have the fliers printed at a copy shop, the disclosure is required.

In some circumstances, you will not be sure whether there was an "agreement." Instead of worrying about it, do the cautious thing and use the disclosure. That way no one can claim you've violated the law.

III. What Should The Disclosure Statement Say_

A disclosure statement must include the following:

1. the words "political advertising" or a recognizable abbreviation such as "pol. adv.";

2. the full name of either (a) the individual who personally entered into the agreement with the printer, publisher, or broadcaster of the political advertising; or (b) the person that individual represents (for example, the name of a candidate or the name of a political committee); and

3. if the advertising is printed or published, the address of the individual or entity named in the disclosure.

The disclosure does not have to include the words "paid for by." Nor does the disclosure have to include the name of a campaign treasurer. Of course, the campaign treasurer can be named in the ad if he or she is the individual who entered into the agreement or is the person that individual represents.

IV. Ads Sponsored by Political Committees.

If the treasurer of a political committee enters into an agreement to have an ad supporting a candidate printed, the disclosure may include the name or address of either the treasurer or the committee. If an individual other than the treasurer enters into the agreement, the disclosure should include the name of either that individual or the committee.

We advise that advertising not be attributed to entities such as "Committee to Elect John Doe" unless a specific-purpose committee named "Committee to Elect John Doe" has filed a campaign treasurer appointment with the Ethics Commission or a local filing authority.

V. Where Must The Disclosure Statement Appear_

The law simply states that the disclosure statement must be "in the advertising." What this means in different types of political advertising will not always be clear. To be safe, make sure the disclosure is readily noticeable to anyone seeing or hearing the ad.

VI. Are There Any Exceptions To The Disclosure Requirement_

The following types of political advertising do not need the disclosure statement:

1. buttons, pins, hats, pens, emery boards, lapel stickers, magnets, pencils, and similar materials;

2. invitations or tickets to political fundraising events or to events held to establish support for a candidate or officeholder; and

3. political advertising printed on letterhead stationery, if the letterhead includes the name and address of the individual who entered into the agreement with the printer or publisher of the advertising or the name and address of the person that individual represents. (Note: There is also an exception for holiday greeting cards sent by an officeholder, provided that the officeholder's name and address appears on the card or the envelope.)

VII. The Fair Campaign Practices Act.

The Fair Campaign Practices Act sets out basic rules of decency, honesty, and fair play to be followed by candidates and political committees during a campaign. A candidate or political committee who chooses to subscribe to the voluntary code must sign a copy of the code and file it with the authority with whom the candidate or committee is to file its campaign treasurer. A person subscribing to the code may indicate that fact on political advertising by including the following or a substantially similar statement:

(Name of the candidate or political committee, as appropriate) subscribes to the Code of Fair Campaign Practices.

VIII. Special Rule For Judicial Candidates, Officeholders, and Committees.

Candidates for the Supreme Court, the Court of Criminal Appeals, the courts of appeals, the district courts, the statutory county courts (county courts-at-law), and the statutory probate courts are required to file a form declaring their intent to either comply with or exceed the voluntary expenditure limits of the Judicial Campaign Fairness Act. A candidate who has declared an intent to comply with the expenditure limits, as well as a specific-purpose committee supporting such a candidate, may state the following in political advertising.

Political advertising paid for by (name of candidate or committee) in compliance with the voluntary limits of the Judicial Campaign Fairness Act.

If a candidate declares an intent to exceed the expenditure limits, however, both the candidate and any specific-purpose committee supporting the candidate must include in their political advertising the following statement:

Political advertising paid for by (name of candidate or committee), (who or which) has rejected the voluntary limits of the Judicial Campaign Fairness Act.

ROAD SIGNS

I. When Is The "Right-Of-Way" Notice Required_

Written political advertising that is meant to be seen from a road must carry a "right-of-way" notice in the following circumstances:

1. if you enter into a "contract or agreement" to print or make written political advertising meant to be seen from a road; or

2. if you instruct another person to place the written political advertising meant to be seen from a road.

II. What should The "Right-Of-Way" Notice Say_

Section 255.007 of the Texas Election Code prescribes the exact language of the notice:

NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393, TRANSPORTATION CODE) TO PLACE THIS SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY.

Note: The notice on political advertising signs printed or made before September 1, 1997, contained a citation to a prior law. You may continue to use those signs if they otherwise comply with the law.

III. Do Yard Signs Have To Have The Right-Of-Way Notice_

Yes. The "right-of-way" notice requirement applies to signs meant to be seen from any road. The notice requirement assures that a person responsible for placing signs is aware of the restriction on placing the sign in the right-of-way of a highway.

IV. What About Bumper Stickers_

Bumper stickers do not need the right-of-way notice. They do, however, need a political advertising disclosure statement.

V. Where May I Place My Signs_

For information about exactly where you may not place signs, check with your city or county government or with the Texas Department of Transportation.