Examples:
• Excluding previously published material. Softwear, Inc. submits an application to register a program titled Clothing Maker version 3.0. Version 3.0 contains an appreciable amount of code that appeared in versions 1.0 and 2.0 of the same program. Softwear distributed copies of versions 1.0 and 2.0 to the public before it filed its application for registration of version 3.0. Versions 1.0 and 2.0 would be considered previously published works, even if the copies only contained the object code for those versions and even if the source code for those versions was never disclosed. Therefore, the application should be limited to the new material that appears in version 3.0, and any source code that appeared in versions 1.0 or 2.0 should be excluded from the claim using the procedure described in Section 721.9(G).
• Excluding previously registered material. Jesper Nielsen submits an application to register a program titled Ink Blot version 5.0. This version contains an appreciable amount of source code that appeared in versions 1.0 through 4.0 of the same program. The prior versions have not been distributed to the public, but version 2.2.1 was previously registered with the Office as an unpublished work. The registration for version 5.0 will cover the new material that appears in that version, as well as any unpublished or unregistered source code from versions 1.0 through 4.0 that appear in version 5.0. However, the source code that appeared in version 2.2.1 should be excluded from the claim using the procedure described in Section 721.9(G).
• Excluding third party material. Vivek & Associates created an operating system titled Architexture v. 9.0 using a software development tool titled Picture This v. 2.50. The source code
for Architexture v. 9.0 contains an appreciable number of modules, subroutines, and macros that were used with permission from the company that produced Picture This. Vivek & Associates should exclude those modules, subroutines, and macros from its application to register Architexture v. 9.0 using the procedure described in Section 721.9(G), because the copyright in that material is owned by a third party.
• No disclaimer required. CodeBuster LLC submits an application to register a program titled Hackleberry Finn version 3.0. Version 3.0 contains an appreciable amount of code that appeared in versions 1.1.1 and 2.2.2 of the same program. CodeBuster never registered versions 1.1.1 and 2.2.2 and never distributed those versions to the public. Therefore, the prior versions of the program need not be disclaimed in the application to register version 3.0. The registration for version 3.0 will cover all of the copyrightable content that appears in that version, including any unpublished or
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