Page:Copyright Office Compendium 3rd Edition - Full.djvu/105

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Compendium of U.S. Copyright Office Practices, Third Edition

other cases the applicant may intend or may be entitled to register only certain aspects of the work.

The following chart provides a representative example of a work that contains multiple types of authorship.

Work of Authorship Authorship Created by Author A Authorship Created by Author B
Song Music Lyrics

In this example, the song contains two types of authorship created by two different authors. If the claimant only owns the copyright in the music, the applicant should assert a claim in “music” and should name Author A in the application (but not Author B).

If the claimant only owns the copyright in the lyrics, the applicant should assert a claim in “lyrics” and should name Author B in the application (but not Author A).

By contrast, if the claimant owns the copyright in the music and lyrics, the applicant should assert a claim in both elements and should name Authors A and B in the application.

503.4 Who Owns the Copyright in the Authorship?

The applicant should identify the person or organization that owns the copyrightable authorship that the author or co-authors contributed to the work. For purposes of copyright registration, this person or organization is known as the “copyright claimant.”

The copyright in a work of authorship initially belongs to the author or co-authors of that work, unless and until the author assigns the copyright to another party in a signed, written agreement or by operation of law. 17 U.S.C. §§ 201(a), 204(a). If the author no longer owns the copyright in the work, the applicant must provide a brief statement that explains “how the claimant obtained ownership of the copyright.” 17 U.S.C. § 409(5). For guidance in completing these portions of the application, see Chapter 600, Sections 619 and 620.

As discussed in Section 503.3, works of authorship often contain different forms of expression. In some cases, the copyright claimant may own all of the authorship that appears in the work, while in other cases the claimant may own or may be entitled to register only certain aspects of the work. In all cases, the applicant should assert a claim only in the authorship that is owned by the claimant or co-claimants named in the application.

The following chart provides a representative example of a work that contains multiple types of authorship that is owned by multiple claimants.


Chapter 500 : 11
12/22/2014