618.8(C) Uncopyrightable Material Claimed in the Author Created Field or the Nature of Authorship Space
The material described in the Author Created field or the Nature of Authorship space must be copyrightable. If the applicant asserts a claim in uncopyrightable material and if the claim appears to be limited to that material, the U.S. Copyright Office will refuse to register the claim.
For a general discussion of copyrightable and uncopyrightable authorship, see Chapter 300 (Copyrightable Authorship: What Can Be Registered).
618.8(C)(1) Deposit Copy(ies) Containing Copyrightable Authorship and Uncopyrightable Material
If the deposit copy(ies) contain copyrightable authorship as well as uncopyrightable material, the registration specialist may register the claim without communicating with the applicant, provided that the applicant does not claim the uncopyrightable material in the Author Created field or the Nature of Authorship space.
Example:
- An application is submitted for a work naming Judy Smith as the author of “2-D artwork.” The deposit copy contains an illustration and a short slogan to describe the illustration. The registration specialist will register the claim because the applicant asserted a claim in the copyrightable artwork, but did not assert a claim in the uncopyrightable short phrase. The specialist may add an annotation to identify the uncopyrightable material, such as: “Regarding new material included: slogan, typeface, typographic ornamentation not copyrightable. 37 C.F.R. § 202.1.”
618.8(C)(2) Claim in Copyrightable Authorship and Uncopyrightable Material
If the applicant asserts a claim in copyrightable material as well as material that is uncopyrightable under the Copyright Act, Section 202.1 of the regulations, or this Compendium, the registration specialist may communicate with the applicant. In the alternative, the specialist may register the claim with an annotation indicating that the registration does not cover the uncopyrightable material. The annotation is intended to put the applicant, the claimant, the courts, and the general public on notice concerning the extent of the claim to copyright.
Examples:
- Claim in uncopyrightable material under Section 102(b). An application is submitted for a scientific paper containing text, graphs, and mathematical equations. The applicant asserts a claim in “text, illustrations, theory.” If the work contains a sufficient amount of copyrightable authorship to support a claim in text and illustrations, the registration specialist may register the claim with
