- Registering a number of published works using the unit of publication option, which is discussed in Chapter 1100, Section 1107.
- Registering a group of related works using one of the group registration options. The Office currently offers group registration options for serials, daily newspapers, daily newsletters, contributions to periodicals, published photographs, and databases. For a discussion of these options, see Chapter 1100, Sections 1109 through 1117.
- A sound recording may be registered together with a literary work, musical work, or dramatic work, provided that (i) the sound recording and the recorded literary work, musical work, or dramatic work are embodied in the same phonorecord, (ii) the claimant for both works is the same person or organization, (iii) the applicant selects Sound Recording from the Type of Work field when completing an online application or uses Form SR when completing a paper application, and (iv) the applicant submits a phonorecord that contains both the sound recording and the recorded literary work, musical work, or dramatic work.
512 Multiple Versions of the Same Work
The Copyright Act states that “a work is ‘created’ when it is fixed in a copy or phonorecord for the first time.” 17 U.S.C. § 101 (definition of “created”). The statute states that “where a work is prepared over a period of time, the portion of [the work] that has been fixed at any particular time constitutes the work as of that time.” Id. It also states that “where the work has been prepared in different versions, each version constitutes a separate work.” Id.
The copyright law protects each version of a work from the moment it is fixed in a copy or phonorecord, provided that the author contributed a sufficient amount of original expression to that version. 17 U.S.C. § 102(a). For example, copyright protects each draft of a literary work from the moment it is written on paper, saved in a data file, or inscribed in any other medium of expression. Likewise, it protects each take of a motion picture from the moment it is captured on film, videotape, or any other audiovisual medium.
Although the copyright law generally protects each version of a work, it may not be necessary to register each version with the U.S. Copyright Office, depending on whether the work is published or unpublished. These issues are discussed in Sections 512.1 and 512.2 below.
