Page:Copyright Office Compendium 3rd Edition - Full.djvu/353

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

“artwork” or “text,” and if it appears that the applicant is using that term to describe material that is uncopyrightable, the specialist may communicate or may register the claim with an annotation indicating that the registration does not cover the uncopyrightable material.

621.9(E)(5) Claim in Uncopyrightable Material: Works Created by Two or More Authors

If two or more authors are named in the application, and if it appears that one or more of the authors did not contribute copyrightable authorship to the work, the specialist will ask for permission to remove the noncontributing author’s information from the registration record.

621.9(E)(6) Claim in Uncopyrightable Material: Registration Refused

If the applicant asserts a claim in material that is uncopyrightable under the Copyright Act, Section 202.1, or this Compendium, and if the claim appears to be limited to that material, the specialist will refuse registration.

621.9(F) De Minimis Material Claimed in the New Material Included Field or Space 6(b)

The material described in the New Material Included field or in space 6(b) must be copyrightable. If an element claimed in that field/space is de minimis, the U.S. Copyright Office may ask for permission to remove that element from the application or may refuse to register the claim.

621.9(F)(1) Deposit Copy(ies) Contain Copyrightable Authorship and De Minimis Material

If the deposit copy(ies) contain copyrightable material and de minimis material, the registration specialist may register the claim without communicating with the applicant, provided that the applicant does not claim the de minimis material in the New Material Included field or in space 6(b).

621.9(F)(2) Claim in Copyrightable Authorship and De Minimis Material

If the applicant asserts a claim in copyrightable material and de minimis material, the registration specialist generally will ask the applicant for permission to remove the claim in the de minimis material. In some cases, the specialist may register the claim with an annotation identifying the copyrightable material that has been submitted for registration and stating that the registration does not cover the de minimis material claimed in the application.

621.9(F)(3) Claim in De Minimis Material: Works Created by Two or More Authors

If two or more authors are named in the application, and if it appears that one of the authors contributed only a de minimis amount of authorship, the specialist will communicate with the applicant. If the applicant confirms that the author did not make a copyrightable contribution to the work, the specialist will ask for permission to remove that author’s name from the registration record.


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