Compendium of U.S. Copyright Office Practices, Third Edition
- an annotation, such as: “Regarding author information: ideas not copyrightable. 17 U.S.C. § 102(b).”
- Claim in uncopyrightable material under 37 C.F.R. § 202.1. An application is submitted for a banner advertisement. Brian Metcalf is named as the author of “artwork, slogan, typeface.” If the work contains a sufficient amount of pictorial or graphic authorship to support a claim in artwork, the registration specialist may register the claim with an annotation, such as: “Regarding author information: slogan, typeface, typographic ornamentation not copyrightable. 37 C.F.R. § 202.1.”
618.8(C)(3) Claim in Uncopyrightable Material: Deposit Copy(ies) Contain Copyrightable Authorship
If the applicant asserts a claim in material that is uncopyrightable, the registration specialist may communicate with the applicant, which will delay the examination of the claim.
Examples:
- Claim in uncopyrightable material under Section 102(b). Amanda Reeves submits for registration a DVD depicting a doctor performing surgery with a voice over commentary. On the application, she describes the nature of authorship as “new process for suturing.” The only credit on the footage reads “written, filmed and narrated by Dr. Amanda Reeves.” Because the statement indicates that Amanda was the major author of the motion picture, the registration specialist may ask the applicant for permission to add “written, filmed and narrated” to the authorship statement and remove the reference to the suturing process.
- Claim in uncopyrightable material under 37 C.F.R. §202.1. An application is submitted for an album titled The Hottest Hits from Tabasco & Tamale. The application states that Chuck Tabasco created the “production” and Janet Tamale created the “name of performing group.” A statement on the deposit copy reads, “C. Tabasco: production; J. Tamale: performance,” which indicates that Chuck and Janet contributed copyrightable authorship to this work. The registration specialist may ask the applicant for permission to remove the claim in the name of the performing group.
- Claim in uncopyrightable material under the Compendium. An application is submitted for a proposal for a home renovation. Candace Cooper is named as the author of “text” and William Wilkinson as the author of “interior design.” A statement on the deposit copy reads “text by Candy Cooper; illustrations by Willy Wilkinson.” The statement on the deposit copy indicates that William contributed copyrightable authorship to this work. The registration specialist may ask the applicant to revise the term
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12/22/2014
