A compilation may contain several distinct forms of authorship. There may be selection authorship involved in choosing the material or data that will be included in the compilation. There may be coordination authorship involved in classifying, categorizing, ordering, or grouping the material or data. In addition, there may be arrangement authorship involved in determining the placement or arrangement of the material or data within the compilation as a whole. A registration for a compilation may cover each type of authorship if that authorship is sufficiently creative, but it does not cover any preexisting material or data that appears within the compilation unless that material is copyrightable and is specifically claimed in the application. 17 U.S.C. § 103(b).
To register a claim to copyright in a compilation the applicant should identify the new material that the author contributed to the work and should specify the preexisting material or data that was selected, coordinated, and/or arranged (e.g., “compilation of data” or “compilation of sound recordings”). 17 U.S.C. § 409(9).
When completing an online application, the applicant should provide this information on the Authors screen in the field marked Other. Specifically, the applicant should provide a brief statement that (i) identifies the preexisting material or data that appears in the compilation and (ii) specifies whether the author selected, coordinated, and/or arranged that material or data. (When completing an application to register a literary work, the applicant also should check the box marked “compilation.”)
Currently, the total amount of text that may be provided in the Author Created / Other field is limited to 100 characters. If more space is required, the applicant should provide the additional information in the Note to Copyright Office field.
When completing a paper application, the applicant should provide a brief statement in space 2 under the heading Nature of Authorship that identifies the authorship that the applicant intends to register.
As a general rule, if the applicant states “compilation of __________” and specifies the preexisting material or data that appears in the work, the registration specialist may register the claim, provided that the selection, coordination, and/or arrangement authorship that the applicant intends to register is clearly evident from the deposit copy(ies).
Examples:
- Online application for a literary work containing a selection of thirty-five poems by William Butler Yeats written between 1896 and 1916 and coordinated based on theme, symbolism, and meterAuthor Created: Compilation.
Author Created/Other: Compilation of poems by W.B. Yeats.- Online application for a sound recording containing a selection of fifty big band recordings produced in Chicago and coordinated based on performing group, featured artist, instruments, and recording medium.
