620.6 Works by Two or More Authors That Do Not Meet the Statutory Definition of a Joint Work
If the work was created by two or more authors but does not meet the statutory definition of a joint work, the applicant should provide a brief statement explaining how the claimant obtained ownership of the work that the applicant intends to register.
Example:
- Katey Pitt is the author of a murder mystery titled A Little Dog Laughed; Mick Anders created the cover art for the book. Katey and Mick assigned the copyright in their respective works to Pittfall Mystery Publishing. The publisher submits an online application naming Katey Pitt as author of “text,” Mick as author of “artwork,” and Pittfall Mystery Publishing, Inc., as the copyright claimant. The publisher provides a transfer statement explaining that it obtained the copyright in the text and artwork “by written agreement.” The registration specialist will register the claim as a collective work.
620.7 Derivative Works and Compilations
If an individual or organization other than the author(s) is named as a claimant or co-claimant for a derivative work or a compilation, the applicant should provide a transfer statement explaining how that party obtained ownership of the copyright. In the case of a derivative work, the applicant should explain how the claimant acquired all of the rights that initially belonged to the individual or organization that created the new or revised material that appears in the work. In the case of a compilation, the transfer statement should explain how the claimant acquired all of the rights that initially belonged to the individual or organization that selected, coordinated, and/or arranged the preexisting materials or data that appear in the compilation.
Examples:
- An application is submitted for an English translation of a Spanish textbook. The application names Mary Fisher as the author of the translation and names Jones Publishing Company as the copyright claimant. The transfer statement indicates that the publisher obtained the copyright in the translation “by written agreement.” The registration specialist will register the claim.
- An online application is submitted for a musical arrangement naming XYZ Enterprises, Inc. as the author and Jennifer Sunshine as the copyright claimant. Jennifer states “by written agreement” in the Transfer field to explain how she obtained the copyright in this work. In the Material Excluded field she states “music and lyrics were previously published” and in the New Material Included field she limits the claim by stating “musical arrangement.” The registration specialist will register the claim.
