Intellectual Property (Publishing) Guidelines
- General Information
- Examples of Prohibited Content
- Frequently Asked Questions
- Additional Information
- Sources for Information
- Report Copyright/Trademark Infringement
General Information
What is a manuscript?
A manuscript is a handwritten or typed composition intended for publication. In most cases, it is owned and copyrighted by the author.
What material is in the public domain?
Material in the "public domain" is freely available to be used by the public, because it is not protected by copyright, the copyright in such material has expired, or the work was created for public use.
For instance, documents created by the United States government are in the public domain in most cases. Works created before 1922 are also generally in the public domain. However, if a change has been made to a work taken from the public domain, the new work may be copyrightable and protected.
You should NOT presume that material is in the public domain without verifying it with an attorney or other reputable source. You should also NOT presume that material publicly available on private or commercial web sites is not protected by copyright.
What is fair use?
"Fair use" is a principle of copyright law that may come into play in the context of book and magazine publishing that does not often come up in the context of merchandise.
Under the fair use doctrine, an author can use another's copyrighted material without infringing that copyright. In determining whether a given use is "fair," courts look at four primary factors:
- The purpose and character of a use.
- The nature of a copyrighted work.
- The amount and substantiality of the portion of the work used.
- The effect upon the copyright holder's potential market for the used work.
Generally speaking, uses of a small portion of another's factual work for "scholarly" purposes are deemed "fair," while uses of large portions of another's copyrighted work to produce a competing work are not. Fair use is a difficult and murky concept, even for experts, so you should consult with an attorney before using copyrighted material in connection with the CafePress.com service, even if you think that such use is "fair." One way to evaluate whether a use is "fair" is to consider your own reaction if someone used your work without permission.
What is defamation?
Defamation occurs when:
A false and damaging statement of fact; concerning the plaintiff; is communicated to a person or persons other than the plaintiff (i.e., published); and the defendant knew or should have known it to be false.
In this circumstance, "published" means that such statements was written or verbally communicated to another. Written defamation is also known as "libel." Defamation through the spoken word is also known as "slander."
What is the right of privacy?
Individuals have a "right of privacy." An invasion of this right can occur in four ways:
- Public disclosure of private facts (publication of true, but embarrassing information of no legitimate concern to the public).
- "False light" (publication of information that creates a false or misleading embarrassing impression).
- Intrusion (improper acquisition of private information).
- Misappropriation of name and likeness (essentially a "right of publicity").
Examples of Prohibited Content
In accordance with intellectual property and other laws, CafePress.com has certain rules regarding the types of books that you can publish through its service. For example:- NO infringing uses of the works of others. For example, you cannot compile a series of articles, poems, stories, or other works without getting the permission of each author, even if it was your idea to do the compilation.
- NO works with pornographic or obscene, racist, sexist, or homophobic content.
- NO works containing defamatory statements, threats, encouragement of violent activities, or instructions to perform dangerous activities.
- NO material which is not in strict compliance with the CafePress.com Content Usage Policy, Terms of Service, and Shopkeeper Agreement.
Frequently Asked Questions
Is CafePress.com a publisher?
CafePress.com provides a service that allows its users to self-publish their own manuscripts.
Is my book protected once it is uploaded to CafePress.com?
You acquire a copyright in your work simply by creating it in a tangible form, which prohibits others from copying it without permission. Obviously, CafePress.com cannot prevent any third party from copying your work without your permission, nor can it assume any responsibility for any unauthorized use by a third party. Most authors register their works with the U.S. Copyright Office in order to secure certain legal protection for their works.
Do I need a lawyer to register for a copyright?
To register a work for copyright, you may file an application with the Copyright Office of the United States. The application must include copies of the work and the appropriate filing fee. For more information, you can access the Copyright Office website at http://www.copyright.gov.
If I publish my book through CafePress.com, will CafePress.com own the rights to my book?
You retain all rights to your book, but grant a non-exclusive license to CafePress.com. Once you cease using the CafePress.com service, CafePress.com will cease its use of your book.
If I signed a contract with a publishing company to publish my book, can I use the CafePress.com Service to re-publish the same book?
Most publishing contracts grant the publishing company an exclusive right to publish the book, which means that it alone can publish your book. Accordingly, you need to review your publishing contract to determine whether you have the rights to use the CafePress.com service to publish your book. If you have any questions, please consult with an attorney.
Can I publish content that I found on the Internet?
Just as is the case with your manuscript, works found on the Internet are generally protected by copyright. The exceptions to this are few and far between. As such, you should not use any work that you found on the Internet unless you get the author's permission to use it.
Can I include nude images in my book?
It is impossible to provide a definite answer to this question, since "nude images" can consist of some of the most famous works of art ever created, or content that is obscene, pornographic, or even illegal. CafePress.com prohibits the latter and permits the former. However, a substantial amount of material falls somewhere between the two extremes. When this happens, CafePress.com must exercise its discretion on a case-by-case basis. Please refer to our Questionable Material & Prohibited Content Guidelines for details.
Can I use other quotes, artwork, or other third-party material in my book?
The copyright principle of "fair use" (described above) permits authors to use limited amounts of the copyrighted works of others. Fair use is an extremely difficult concept, which is hard even for experienced attorneys to apply. The CafePress.com Terms of Service provides that you are responsible for any content that you use in connection with the CafePress.com service. Therefore, you should not use any third-party material unless you have permission to do so, or have consulted with an attorney to verify that your use of third-party material is "fair."
Can I use the CafePress.com service to publish a book about another person or a famous person?
In merchandising, the use of another person's name or likeness is rarely, if ever, permitted. However, the First Amendment may give you a right to publish a book about another person, particularly if that person is famous or involved in a newsworthy event. But, this right is limited. For example, you cannot defame another person or invade their right of privacy. Similarly, the First Amendment does not allow you to publish false or misleading information about a celebrity or use that celebrity's name or likeness to sell products. The limits to the First Amendment are hard to define, even for experts. Therefore, you should obtain permission from any person about whom you write a book about or consult with an attorney to make sure that you are not violating that person's rights.
Can I publish a compilation of other authors' work if I give the author's credit?
Each person's work is a separate work, protected by copyright. Each person retains the rights to their work unless they grant them to you in a written agreement. Even if you give the other authors credit, copyright law does not give you the right to use their work in a compilation unless you obtain their permission. To help ensure that the agreement is enforceable, you should pay each author a fee for his or her grant of rights to you.
Can I publish a work if it is in the public domain?
There maybe limited instances where you may use material which is in the public domain. For instance, works that are created before 1922 or by the federal government are generally in the public domain unless otherwise noted. It is important to remember, that if a work which is in public domain, has been changed or altered, from its original version, may have new copyright protection based on the changes made.
Additional Information
For additional information and FAQ's on Intellectual Property, please visit our Copyright, Trademark and Intellectual Property Guidelines. For additional information on Questionable Material and Prohibited Content, please visit our Questionable Material & Prohibited Content Guidelines. For additional information and FAQ's on Music and Electronic Media, please visit our Music & Electronic Media Intellectual Property Guidelines.
Sources for Information
For additional information on Copyrights, please visit the U.S. Copyright Office Library of Congress at http://www.copyright.gov (specifically see "Copyright Basics"). For general questions about writing and publishing, please visit The Authors Guild at http://www.authorsguild.org.
Intellectual Property Rights Policy
We encourage intellectual property rights owners to contact us if they believe that their rights have been infringed by a user of our service. We also encourage our users to contact us if they suspect that another user is infringing the rights of a third party. Please visit our Intellectual Property Rights Policy for information regarding the procedure to notify us of a potential infringement by a user of our service.
