If the applicant fails to mention an author who is named in the deposit copy(ies) or elsewhere in the registration materials, the registration specialist will not communicate with the applicant if the author’s contribution appears to be de minimis or uncopyrightable.
Examples:
- Darryl Cooper submits an application for a screenplay titled Better Safe Than Sorry. Both the application and the deposit copy name Darryl as the author of the work. In the Note to Copyright Office field, the applicant explains that his friend Tom Klein came up with the title for the work. Because titles are uncopyrightable and because the applicant did not claim the title in the application, the registration specialist will register the claim without communicating with the applicant.
- An application is submitted for a photograph that contains an image of a fashion model together with the phrase “Not to be outdone.” The application names Jordan Johnson as the author of the photograph. The deposit copy names Jordan as the author of the “photograph” and Marci Adams as the author of the “text.” Because the text is a short phrase that is uncopyrightable and because that applicant did not claim the text in the application, the registration specialist will register the claim without communicating with the applicant.
613.10(D) Name of Author Unknown
The registration specialist will communicate with the applicant if the applicant states that the author of the work is “unknown,” “not known,” or the like, because this type of statement suggests that the applicant and/or the claimant may not be entitled to register the work.
613.10(E) Name of the Author Omitted: Works Created by a Single Author
If the work was created by a single author, the applicant should identify the author of that work (unless the applicant has checked the box indicating that the work is an anonymous or pseudonymous work). For guidance in identifying the author of the work and completing the fields for an anonymous or pseudonymous work, see Sections 613.9, 615.1(B), and 615.2(B).
If the applicant fails to identify the author in an online application, the application will not be accepted by the U.S. Copyright Office’s electronic registration system.
If the applicant fails to identify the author in a paper application, the registration specialist will communicate with the applicant. If the author’s name is provided elsewhere in the registration materials, the specialist may add that name to the registration record with an annotation.
