Examples:
- An application is submitted for a screenplay naming Evelyn Lauder as the author of “text.” A statement on the deposit copy reads “screenplay by Evelyn Lauder, story by Charles Bogart.” The statement in the application indicates that Evelyn contributed copyrightable authorship to this work. The statement on the deposit copy suggests that Charles merely contributed the idea or concept for the story. Charles’s contribution is uncopyrightable and therefore should not be claimed in the application. The registration specialist will register the claim without communicating with the applicant.
- An application is submitted for a play naming Samuel Loyer as the author of “story” and Pamela Judge as the author of “play.” A statement on the deposit copy reads “play by Pam Judge, based on concept by Sam Loyer.” The registration specialist will communicate with the applicant, because the statements given on the application and the deposit copy suggest that Samuel contributed only ideas or concepts to this work.
618.8(A)(6) Conceived, Conception
As a general rule, the applicant should use one or more of the terms set forth in Section 618.4(C) to describe the copyrightable authorship that the applicant intends to register.
The applicant should not use the term “conceived” or “conception” in the Author Created field or the Nature of Authorship space, because they suggest that the applicant may be asserting a claim in an idea, procedure, process, system, method of operation, concept, principle, or discovery.
Example:
- An application is submitted for a toy train that was conceived, designed, and produced by HTM Models. The applicant asserts a claim in “sculpture.” The registration specialist will register the claim.
If an applicant uses the term “conceived,” “conception,” or the like to describe copyrightable authorship, the registration specialist may register the claim if it is clear that the term is being used as a synonym for “created” or “creation.” By contrast, the specialist may communicate with the applicant or may register the claim with an annotation if the applicant appears to be asserting a claim in uncopyrightable subject matter.
Examples:
- An application is submitted for a musical work stating that the author “conceived words and music.” The registration specialist
