- because it was published in a country that has entered into a copyright treaty with the United States. 17 U.S.C. § 104(b)(2).
- An application is submitted on Form VA for an unpublished work titled “I See You.” The application names Stu Millbrook as the author and claimant, but no information is given for the author’s domicile and citizenship. The registration specialist will register the claim without communicating with the applicant. Although the applicant failed to specify the author’s citizenship or domicile, the work is eligible for copyright protection under U.S. law because the work is unpublished. 17 U.S.C. § 104(a).
If there appears to be no basis for establishing eligibility, the specialist will communicate with the applicant. If the applicant is unable to identify the author’s citizenship and domicile, registration may be refused if that is the only basis for establishing that the work is eligible for copyright protection under U.S. law.
Examples:
- The applicant fails to identify the author’s citizenship or domicile, but states that the work was first published in Afghanistan. The registration specialist will communicate with the applicant, because a work first published in that country may be ineligible for copyright protection in the United States.
- The application states that the author’s citizenship and domicile and the nation of first publication are “not known.” The registration specialist will communicate with the applicant, because it is unclear whether the work is eligible for copyright protection in the United States based on the information provided.
618 Author Created / Nature of Authorship
This Section discusses the procedure for asserting a claim to copyright in a work of authorship.
618.1 Asserting a Claim to Copyright
To register a work of authorship the applicant must file an application that clearly identifies the copyrightable authorship that the applicant intends to register, and the applicant must assert a claim to copyright in that authorship. The information provided in the application defines the claim that is being registered, rather than the information provided in the deposit copy(ies) or elsewhere in the registration materials.
When completing an online application, the applicant should identify the copyrightable authorship that the applicant intends to register on the Authors screen in the field marked Author Created. (When completing the Single Application the applicant should provide this information on the Author screen in the field marked Author Created.) When completing a paper application, the applicant should provide this information on
