- communicating with the applicant, because the name that appears in the notice could be an alternative name for the copyright claimant, such as an “also known as” designation.
- An application is submitted for a children’s book. Gloria Nelson is named as the author of “text;” Frank Moore is named as the author of “illustrations.” Gloria Nelson is named as the sole copyright claimant. No transfer statement is provided. The book contains a copyright notice that reads “text © Gloria Nelson; illustrations © Frank Moore.” Because the claimant name on the application varies from the information provided in the copyright notice, the registration specialist may communicate with the applicant to determine who owns the copyright in the illustrations.
619.13(M) Statements Concerning the Extent of the Claim in the Name of Claimant Field / Space
To register a work of authorship, the applicant should identify the work that will be submitted for registration and the applicant should assert a claim to copyright in that material. As discussed in Sections 618 and 621, this information should be provided in the Author Created field, and if applicable, in the New Material Included field in the online application, or in space 2, and if applicable, in space 6(b) of the paper application. The Office strongly discourages applicants from providing this type of information in the Name of Claimant field/space or in the Transfer field/space. Statements such as “John Smith: wrote words; Jane Doe: wrote music” or “John Smith – owner of words; Jane Doe – owner of words” may raise a question as to whether the claimant is an owner or co-owner of the copyright in the entire work or whether the claimant merely owns the copyright in a specific element of a collective work or derivative work.
619.13(N) Percentage of Copyright Ownership in the Name of Claimant Field / Space
The U.S. Copyright Office strongly discourages applicants from providing percentages in the Name of Claimant field/space (e.g., John Smith 50%; Jane Doe – one half share, etc.) because this may raise a question as to whether the claimant owns the entire copyright in the work.
619.13(O) Owner of Copyright for a Limited Term
The U.S. Copyright Office will accept an application stating that the claimant owns all of the rights in the work for a limited term or a limited period of time, provided the term of ownership is correct. The registration specialist will communicate with the applicant if the specialist becomes aware that the claimant does not own all rights at the time the application is submitted or that the application was filed after the period of ownership has expired.
619.13(P) Future and Contingent Interests
An individual or legal entity that owns a future interest in the copyright cannot be named as a copyright claimant. Likewise, an individual or legal entity who may obtain all of the rights under the copyright based upon a future contingency cannot be named as a
