Compendium of U.S. Copyright Office Practices, Third Edition
Examples:
- An online application is submitted for a 500-page catalog. A statement on the deposit copy indicates that the text and photographs on pages 390–395 appeared in an earlier edition of the catalog, but the rest of the content is new. The Limitation of Claim screen may be left blank, because the work does not contain an appreciable amount of previously published material.
- An online application is submitted for a comedy sketch. The applicant asserts a claim in “text.” In the Note to Copyright Office field, the applicant explains that “the characters in this work are loosely based on two well-known television personalities.” The New Material Included/Material Excluded fields maybe left blank, because it appears that the author merely borrowed ideas, themes, or other uncopyrightable material from another work.
621.9(A)(2) Applicant Has Not Asserted a Claim in Unclaimable Material
If it is clear that the claimant is not asserting a claim to copyright in the unclaimable material that appears in the work, the registration specialist may register the claim without communicating with the applicant. In making this determination, the registration specialist may consider the title of the work or any other information found in the deposit copy(ies) or elsewhere in the registration materials.
Examples:
- The Office receives an online application for a photograph of a terra cotta sculpture. In the Author Created field the applicant checked the box for “photograph(s),” but the Limitation of Claim fields have not been completed. The applicant is clearly asserting a claim in the photograph, and has not asserted a claim in the sculpture depicted in the photograph. The registration specialist will register the claim.
- Leading Edge Records submits an online application for a sound recording. In the Author Created field the applicant checks the box for “sound recording,” but the Limitation of Claim fields have not been completed. The spacer notes indicate that three songs have been used with permission from Monkey’s Uncle Music Publishing. The applicant should have disclaimed these songs in the Material Excluded field, because they appear to be owned by a third party. Nevertheless, the scope of the claim is clear, because the applicant is asserting a claim in the sound recording, but is not asserting a claim in the music embodied in that recording. The registration specialist will register the claim.
- The applicant submits a paper application on Form VA for a lithograph. In space 2 the applicant checks the box for “reproduction of work of art.” The work appears to be a
Chapter 600 : 214
12/22/2014
