| Work of Authorship | Excluded Material | New Authorship |
|---|---|---|
| Musical based on The Confidence Man by Herman Melville | The Confidence Man by Herman Melville | Music, lyrics, script |
In this example, the musical is based on Herman Melville’s novel The Confidence Man, which is in the public domain. The applicant may register the music, lyrics, and script that the author contributed to the musical. The applicant should exclude the story, characters, and other expression that the author borrowed from the novel using the procedure described in Chapter 600, Section 621.8.
503.5(D) Unclaimable Material: Copyrightable Material That Is Owned by a Third Party
The following chart provides a representative example of a work that contains copyrightable material that is owned by a third party.
| Work of Authorship | Excluded Material | New Authorship |
|---|---|---|
| Coffee Table Book | Photographs owned by Photographer A, B, & C | Text owned by Company X |
In this example, Company X owns the copyright in the text of the coffee table book, while Photographers A, B, and C own the copyright in the photographs that appear in the book. Company X may register the text that the author contributed to the book. The photographs should be excluded from the claim using the procedure described in Chapter 600, Section 621.8.
504 The Scope of the Registration for a Work of Original Authorship
As a general rule, a registration for a work of authorship covers the entire copyrightable content of the authorship that (i) is claimed in the application, (ii) is owned by the claimant, and (iii) is contained in the deposit copy(ies).
The applicant should assert a claim in this authorship in the online application by completing the Author Created field, and if appropriate, the New Material Included field. In the paper application, the applicant should assert a claim in this authorship by completing the Nature of Authorship space, and if appropriate, the Material Added to This Work space. Together, these fields and spaces provide important information about the scope of the claim of authorship in a work. Applicants are encouraged to be specific
