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Compendium of U.S. Copyright Office Practices, Third Edition

Examples:

  • An application is submitted on Form PA for a motion picture. The Nature of Authorship space is blank. Space 6(a) indicates that “preexisting footage” has been excluded from the claim, while space 6(b) indicates that the claim is limited to “additional new footage.” The registration specialist will register the claim because the applicant clearly intends to register the “new footage” described in space 6(b).
  • An application is submitted on Form VA for a book of photographs. The Nature of Authorship space is blank. In space 6(a) the applicant lists the photographs that appear on pages 1, 5, 8, and 9. In space 6(b) the applicant lists the photographs that appear on pages 2, 3, 4, 6, 7, and 10. The registration specialist will register the claim because the applicant clearly intends to register the photographs listed in space 6(b).
  • An application to register an article is submitted on Form TX. Archie Crab and Shellie Carmack are named as co-authors of the work, but the Nature of Authorship space and space 6(b) have been left blank. A statement on the deposit copy states “written and illustrated by Archie Crab and Shellie Carmack.” The registration specialist will communicate with the applicant to request an appropriate authorship statement, such as “text, 2-D artwork.”

618.8(I) Nature of This Work

This Section discusses the Nature of This Work space, which appears only in space 1 of Forms VA and PA. This space does not appear in the online application or other paper applications.

The U.S. Copyright Office added this space to Forms PA and VA, because these applications may be used to register different categories of works. The Nature of This Work space should be used to describe the physical nature of the deposit copy(ies) (e.g., cartoon, model, globe, chart, puppet, hologram, etc.). It should not be used to describe the authorship that the applicant intends to register. See Registration of Claims to Copyright, 65 Fed. Reg. 41,508, 41,508 (July 5, 2000).

619 Name of Claimant

This Section discusses the U.S. Copyright Office’s practices and procedures for identifying the copyright claimant for a work of authorship.

619.1 Who Is Eligible to Be a Copyright Claimant?

An application for registration must identify the name and address of the copyright claimant. 17 U.S.C. § 409(1). For purposes of copyright registration, the “claimant” is either the author of the work that has been submitted for registration, or a person or


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12/22/2014