The indexer, as author of the index, holds the material copyrighted to the index.
To transfer copyright ownership to the publisher, the indexer and publisher must
expressly agree in a signed "written instrument" that the work shall be considered
a work made for hire (US Copyright Act of 1976, Section 101) and (Canadian
Copyright Act, R.S. 1985, C-42 Section 13).
Transfer of copyright on the index occurs upon receipt by the indexer of full
payment for all related indexing fees.
The following are some examples of court cases affirming copyright ownership by
the book indexer:
1991: Feist Publications, Inc. v. Rural Telephone Service Co., Inc.
(USSC: No. 89-1909).
1989: Community for Creative Non-Violence (CCNV) v. Reid (USSC:
No. 88-293).
1977: New York Times v. Rosbury Date Interface, Inc. (424 F.
Supp. (D. N. J. 1977)).
1903: Kipling v. G.P. Putnam Sons (120 F. 631, 635 (2d Cir. 1903)).
info@cpynebookindexing.com
