Compendium of U.S. Copyright Office Practices, Third Edition
author created “text” and “2-D artwork.” The registration specialist will register the claim.
If an applicant uses the term “design” in the Author Created field or the Nature of Authorship space for a pictorial or graphic work, the registration specialist may register the claim, if that term is clearly being used to describe copyrightable artwork.
Example:
- An application is submitted for a book titled How to Make Stained Glass Windows. The deposit copies contain text and two-dimensional artwork depicting stained glass windows. The application states that the author created “text and designs.” The registration specialist may register the claim, because the term “designs” apparently refers to the two-dimensional artwork embodied in the stained glass windows (although the term “2-D artwork” would be a more appropriate authorship statement).
If the applicant appears to be asserting a claim in the ideas, concepts, or methods embodied in the work or the plan, scheme, layout, or format of the work, the registration specialist may communicate with the applicant. Alternatively, the specialist may add an annotation to the registration record, provided that the work contains a sufficient amount of copyrightable authorship to warrant registration.
Examples:
- An application is submitted for a computer program. In the Author Created/Other field the applicant states that the author created “source code and design for high speed retrieval tasks.” The registration specialist will ask for permission to remove the phrase “design for high speed retrieval tasks,” because it suggests that the applicant is attempting to register the ideas, concepts, or methods embodied in the program.
- An application is submitted for a motion picture. The applicant asserts a claim in “script, cinematography, set design.” The registration specialist may register the claim if the backdrops for the set contain copyrightable artwork. If the set merely consists of furniture and other physical props, the specialist will ask for permission to remove the term “set design,” because it suggests that the applicant is asserting a claim in the arrangement or layout of props.
- An application is submitted for a sound recording. The cover of the CD contains a photograph and a list of credits, but no artwork. The applicant asserts a claim in “sound recording, photography, and CD design.” The registration specialist will ask for permission to remove the term “CD design,” because it suggests that the applicant is asserting a claim in the layout or format of the CD cover.
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12/22/2014
