621.9(E)(1) Deposit Copy(ies) That Contain Copyrightable Authorship and Uncopyrightable Material
If the deposit copy(ies) contain copyrightable material as well as uncopyrightable material, the registration specialist may register the claim without communicating with the applicant, provided that the applicant does not claim the uncopyrightable material in the New Material Included field or in space 6(b).
Example:
- An application is submitted for a revised version of a user’s manual. In the New Material Included field the applicant states “new text.” The deposit copies contain text, geometric symbols, and some sections highlighted in color. The registration specialist will register the claim because the applicant only asserted a claim in the copyrightable new text, and did not assert a claim in the uncopyrightable geometric shapes and highlighting.
621.9(E)(2) Claim in Copyrightable Authorship and Uncopyrightable Material
If the New Material Included field or space 6(b) of the application asserts a claim in copyrightable material and material that is uncopyrightable under the Copyright Act, Section 202.1 of the regulations, or this Compendium, the registration specialist may communicate with the applicant. In the alternative, the specialist may register the claim with an annotation indicating that the registration does not cover the uncopyrightable material. The annotation is intended to put the applicant, the claimant, the courts, and the general public on notice concerning the extent of the claim to copyright.
Example:
- An application is submitted for a new version of a banner advertisement. The applicant states “artwork, slogan, typeface” in the New Material Included field. If the work contains a sufficient amount of pictorial or graphic authorship to support a claim in artwork, the registration specialist may register the claim with an annotation, such as: “Regarding new material included: slogan, typeface, typographic ornamentation not copyrightable. 37 C.F.R. § 202.1.”
621.9(E)(3) Claim in Uncopyrightable Material: Deposit Copy(ies) Contain Copyrightable Authorship
If the applicant only asserts a claim in material that is uncopyrightable, the registration specialist may communicate with the applicant.
621.9(E)(4) Claim in Uncopyrightable Material: Acceptable Authorship Statement Used to Describe Uncopyrightable Material
If the applicant uses a term in the New Material Included field or space 6(b) of the application that normally would be used to describe copyrightable authorship, such as
