- authorization to remove all reference to the work being pseudonymous. If it is determined that the company uses both names (Global Icons and Photograph My World), the specialist also may request that the relationship between the names be identified in the registration record using terms such as: “Global Icons doing business as Photograph My World” or “Global Icons also known as Photograph My World.”
For a general discussion of anonymous and pseudonymous works, see Section 615.
614.1(F) Identifying the Claimant for a Work Made for Hire
When completing an online application or paper application, the applicant will be asked to identify the full name and address of the claimant. For purposes of copyright registration, the claimant for a work made for hire is either the author of the work (i.e., employer or the party that ordered or commissioned the work) or a person or organization that obtained ownership of all the exclusive rights under copyright act by legal or written transfer. 37 C.F.R. § 202.3(a)(3). If the person(s) or organization(s) named in the application as the author and copyright claimant are not the same, the applicant should provide a brief statement explaining how the claimant obtained ownership of the copyright. 17 U.S.C. § 409(5). For guidance on completing this portion of the application, see Sections 619 and 620.
614.2 Examination Guidelines: Works Made for Hire
This Section discusses the U.S. Copyright Office’s practices and procedures for examining the work made for hire field/space in an online application or paper application.
NOTE: The work made for hire field does not appear in the Single Application.
614.2(A) Identifying the Work as a Work Made for Hire
If the work described in the application is a work made for hire, the box marked “Is this author’s contribution a work made for hire?” should be checked “yes.”
If the applicant indicates that the work is a work made for hire, and it appears the statutory definition has been met, the registration specialist generally will accept the applicant’s assertion.
If the applicant checks the box marked “yes,” but the application, deposit copy(ies), or other registration materials indicate that the work does not meet the statutory definition for a work made for hire, the registration specialist may communicate with the applicant. Likewise, if the work appears to be a work made for hire the specialist may communicate with the applicant if the applicant checks the box marked “no” or fails to complete this portion of the application.
