- Claim in uncopyrightable material under 37 C.F.R. § 202.1. An application is submitted for a product label. The applicant asserts a claim in “text, 2-D artwork.” The deposit copy merely contains the name of the product in a stylized typeface and a list of ingredients. The registration specialist will refuse registration, because the applicant is asserting a claim to copyright in mere words, mere variations of typographic ornamentation, and a mere listing of ingredients.
- Claim in uncopyrightable material under this Compendium. An application is submitted naming Tamlyn Jackson as the author of a “choreographic work.” The deposit copy is a DVD depicting various cheerleading routines. The registration specialist will refuse registration, because cheerleading routines do not qualify as copyrightable choreographic subject matter.
618.8(D) De Minimis 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 author’s contribution to the work is de minimis, the U.S. Copyright Office may ask the applicant for permission to remove that claim from the application or may refuse registration.
618.8(D)(1) Deposit Copies Contain Copyrightable Authorship and De Minimis Material
If the deposit copy(ies) contain copyrightable material as well as de minimis material, the registration specialist may register the claim without communicating with the applicant and may add an annotation to the registration record, provided that the applicant does not claim the de minimis material in the Author Created field or the Nature of Authorship space.
Example:
- An application is submitted for a greeting card naming Salutations LLC as the author of “2-D artwork.” The deposit copy contains a drawing of a panda and the phrase “FONZ Helps UNESCO. Won’t You?” Because the applicant asserted a claim in the copyrightable artwork, but did not assert a claim in the de minimis text, the registration specialist will register the claim without communicating with the applicant. In addition, the specialist may include an annotation, such as: “Regarding author information: slogan, typeface, typographic ornamentation not copyrightable. 37 C.F.R. § 202.1.”
618.8(D)(2) Claim in Copyrightable Authorship and De Minimis Material
If the applicant asserts a claim in copyrightable authorship as well as de minimis material, the registration specialist generally will ask the applicant for permission to remove the claim in the de minimis material. In some cases, the specialist
