Example:
- An application is submitted for a children’s play that is based on the story of Hansel and Gretel. Harry Wheeler is named as the author of the “script.” The registration specialist will register the claim.
If an applicant uses the term “story” in the application, the registration specialist may register the claim if he or she determines that the applicant is referring to the text that appears in the work (rather than the idea for the story).
Example:
- An application is submitted for a screenplay naming Johanna Eagen as the author of “story and dialog.” The registration specialist may register the claim, because the applicant is clearly asserting a claim in the text of this work (although “script” or “screenplay” would be a more appropriate authorship statement).
If an applicant asserts a claim in a “story idea,” “story concept,” “storyline,” or the like, and if it is clear from the information provided in the deposit copy(ies) or elsewhere in the registration materials that the author contributed copyrightable authorship to the work, the registration specialist may register the claim. In addition, the specialist may add an annotation to the record stating that ideas are not copyrightable.
Examples:
- An application is submitted for a play naming James Beck as the author of “story idea and play” and Bob Bobelli as the author of “play.” The statement in the application indicates that James and Bob contributed copyrightable authorship to this work. The registration specialist may register the claim with an annotation, such as: “Regarding author information: ideas not copyrightable. 17 U.S.C. § 102(b).”
- An application is submitted to register a proposal for a new television series. The applicant names Sonny Capaldi as the author of “text and story concept.” Sonny appears to be the author of all the authorship that appears in this work, because he is the only author named on the deposit copy. If the proposal contains a sufficient amount of copyrightable authorship to justify a claim in “text,” the claim may be registered with an annotation, such as: “Regarding author information: concept not copyrightable. 17 U.S.C. § 102(b). Registration extends to text deposited.”
If the applicant uses the term “story,” “story idea,” “story concept,” “storyline,” or the like in the Author Created field or the Nature of Authorship space, and if this is the author’s sole contribution to the work, the specialist will communicate with the applicant if the author’s contribution appears to be uncopyrightable or de minimis.
