- An application is submitted for a scientific article naming Jason Macro as the author of “text” and Erin Abrunzo as the author of “artwork.” The work contains five pages of text with three figures containing de minimis authorship. Because the figures are de minimis, the registration specialist will ask the applicant for permission to remove all of Erin’s information and the term “artwork” from the registration record.
- An application is submitted for a work naming Manuel Diego as the author of “technical drawing” and Marcia Mays as the author of “text.” The text consists of three short sentences that describe the applicant’s idea for a new invention. Because the text is de minimis, the registration specialist will ask the applicant for permission to remove all of Marcia’s information and the term “text” from the registration record.
618.8(D)(4) Claim in De Minimis Material: Registration Refused
If the registration specialist determines that the author’s contribution is de minimis, and if there appears to be no other basis for asserting a valid claim in the work, the specialist will refuse registration.
Example:
- An online application is submitted naming Jason Buck as author of “song lyrics.” The lyrics consist of familiar, short, repetitious phrases, such as “Happy Birthday To You.” The registration specialist will refuse registration.
For a general discussion of de minimis authorship, see Chapter 300, Section 313.4(B).
618.8(E) Variances Between the Information Provided in the Application and Elsewhere in the Registration Materials
As a general rule, the information provided in the Author Created field or the Nature of Authorship space should be consistent with the information that appears in the deposit copy(ies) or elsewhere in the registration materials. In some cases, the registration specialist may give greater weight to the information that appears in the application, if that information does not raise additional questions concerning the identity of the authors or the ownership of the copyright in the deposit copy(ies).
Example:
- An application is submitted for a musical work naming Sally Ember and Derek Thomas as the co-authors and describing each author’s contribution as “music, lyrics.” The deposit copy states “music by Derek Thomas; lyrics by Sally Ember.” The registration specialist may register the claim without communicating with the applicant, because the variance between the application and the deposit copy
