does not affect the scope of the claim or the ownership of the copyright in the work.
The specialist may communicate with the applicant if there is a substantial variance between the information provided in the Author Created field or the Nature of Authorship space and the statements that appear on the deposit copy(ies) or elsewhere in the registration materials.
Examples:
- A paper application is submitted on Form VA for a sketching workbook naming Mary Hill as the author and claimant of “2-D artwork and some instructional text.” The copyright notice on the workbook reads “© Professional Design, Inc.” A statement on the deposit copy indicates Mary Hill is an employee of Professional Design, Inc. The registration specialist may communicate with the applicant, because there appears to be a substantial variance between the application and the statements given in the deposit copy and the copyright notice.
- Prendergast Jones submits an application for a book titled Try Another Career. The application states that Prendergast created the “text” and “photographs,” but a statement on the deposit copies reads “text by Prendergast Jones, photographs by Aloicious Gadfly.” The registration specialist may communicate with the applicant, because there appears to be a substantial variance between the application and the deposit copies.
618.8(F) Material Claimed in the Author Created Field or Nature of Authorship Space Not Found in the Deposit Copy(ies)
As discussed in Sections 618.4(A) and 618.4(B), the applicant should only assert a claim in the authorship that will be submitted for registration. The applicant should not assert a claim in material that will not be submitted for registration or material that does not appear in the work.
Example:
- An application is submitted for a videogame titled Ant Farm. The applicant intends to register the audiovisual material that appears on the CD-ROM, but does not intend to register the computer program embedded in the disc. In the Author Created field the applicant asserts a claim in “audiovisual material.” The applicant does not assert a claim in the computer program and does not submit any of the source code for that program. The registration specialist will register the claim.
If the applicant asserts a claim in material that does not appear in the deposit copy(ies), the registration specialist will communicate with the applicant.
