Compendium of U.S. Copyright Office Practices, Third Edition
Examples:
- Claim in uncopyrightable material under Section 102(b). An application is submitted for a screenplay naming Greg Lange as the author of a “teleplay for reality show” and Jennifer Lange as the author of the “reality show format.” A statement on the deposit copy states “script by Greg Lange.” The registration specialist will communicate with the applicant and explain that the format for a television show is not copyrightable. Therefore, the specialist will ask for permission to remove all of Jennifer’s information and the reference to “reality show format” from the registration record.
- Claim in uncopyrightable material under 37 C.F.R. § 202.1. An application for a board game is submitted naming Mark Zwisler as the author of “2-D artwork” and Abacus LLC as the author of “text.” The only text that appears in the work is a scorecard for recording information. The registration specialist will communicate with the applicant and explain that blank forms are not copyrightable. Therefore, the specialist will ask for permission to remove all of the company’s information and the term “text” from the registration record.
- Claim in uncopyrightable material under the Compendium. An application is submitted for a medical textbook, naming, Dr. Arvind Desai as the author of “text” and MRI Associates as the author of “photographs.” The photographs in the work are medical x-rays. The registration specialist will communicate with the applicant and explain that x-rays generally are not copyrightable. Therefore, the registration specialist will ask for permission to remove all of the company’s information and the term “photographs” from the registration record.
618.8(C)(6) Claim in Uncopyrightable Material: Registration Refused
If the applicant asserts a claim in material that is uncopyrightable under the Copyright Act, Section 202.1, or this Compendium, and if the claim appears to be limited to that material, the specialist will refuse registration.
Examples:
- Claim in uncopyrightable material under the Copyright Act. An application names two individuals as the authors of a work described as “2-D artwork; sculpture.” The deposit copy is a photograph of a chair containing no separable pictorial, graphic, or sculptural authorship. The registration specialist will refuse registration, because the applicant is asserting a claim to copyright in a useful article.
Chapter 600 : 148
12/22/2014
