Page:Copyright Office Compendium 3rd Edition - Full.djvu/1038

This page needs to be proofread.
Compendium of U.S. Copyright Office Practices, Third Edition

any accessible part of a single-page work or on a margin or permanent mounting, provided that it is visible and not concealed. For more information about notice requirements, see U.S. Copyright Office, Compendium of U.S. Copyright Office Practices Chs. 4, 8.2, & Supplementary Practice Nos. 18, 19, 27, 29, 35 & 37 (1st ed. 1973), available at http://copyright.gov/comp3/chap2100/doc/appendixA- noticerequirements.pdf.

Exception: When eligibility for renewal registration is based solely on the U.C.C exemption, the copy must bear the U.C.C. notice as specified in Section 9(c] in the Copyright Act of 1909 (as amended]; however, if the notice satisfies the notice requirement of Section 19, but not 9(c), renewal registration may still be possible under the rule of doubt. In this case, the US Copyright Office will add an annotation to the certificate of renewal registration and a note in the registration record citing this Section of the Compendium of U.S. Copyright Office Practices, Third Edition as the authority for the registration.

NOTE: When a photograph was first published in a book with a copyright notice that is acceptable for photographs but does not meet the statutory requirements for books, renewal registration under the rule of doubt may be possible for the photograph. In such cases, renewal registration must be limited to the photograph.

The U.S. Copyright Office has a longstanding practice of regarding a motion picture as a unitary work in which the component elements are integral to the work as a whole. Therefore, when a photograph was first published in a motion picture, renewal registration is not possible unless it was registered separately for the original term as an unpublished work, or the motion picture bore a separate copyright notice for the photograph. Renewal registration cannot be based on the original registration record for the motion picture. See Section 2122. 6(C].

Prints were registered for the original term under class K and reproductions of artistic works and photographs were registered in classes H and K, respectively. Since 1978 they have been registered in class VA. For renewal registration purposes, this type of work includes published prints (commercial or otherwise], posters, pictorial illustrations, greeting cards, picture postcards, gameboards, and labels, among other works produced by means of lithography, photoengraving, or other methods of reproduction.

To be registrable for the renewal term, a print or pictorial illustration should contain original graphic or pictorial material. A reproduction should contain original authorship such as drawing, sculpture, or molding, and the underlying work should be a pictorial, graphic, or sculptural work. Because a reproduction is a derivative work, a renewal claim must describe the authorship in the reproduction. Prints and labels, as well as reproductions first published in books, were generally subject to the manufacturing clause.

2121.4(B)

First Published in a Motion Picture

2121.5

Prints and Pictorial Illustrations

Chapter 2100 : 48

12/22/2014


Chapter _00 : 48
12/22/2014