If the multiple authors of a work created their contributions with the intention of merging them into a unitary, interdependent whole at the time of creation, their contributions should be registered together as a joint work on the same application. If the authors did not intend for their separate elements to be merged into an interdependent whole, the separate copyrightable elements should be registered as separate works on separate applications. See H.R. Rep. No. 94-1476, at 120 [1976], reprinted in 1976 U.S.C.C.A.N. at 5736 (stating that the "touchstone" of the definition of a joint work "is the intention, at the time the writing is done, that the parts be absorbed or combined into an integrated unit..."]; S. Rep. No. 94-473, at 103 [1975). If the parts of the unitary work are inseparable, each joint author must be listed in the application unless the work is a work made for hire.
Examples:
• Jay Munroe, Justin Edison, and Ava Applebaum wrote a musical drama together, entitled Life on Mars. Jay wrote the book (script], and Justin and Ava wrote the songs, with Justin writing the lyrics and Ava the music. Jay, Justin, and Ava are joint authors of the musical and all three of them should be named in the application.
• Jay Munroe writes the script for a new musical based on music previously recorded by the recording artist, Shawn 2K. He obtains the appropriate licenses from Shawn 2K to use the music in the musical. Jay and Shawn 2 Rare not joint authors. The script and the music should be registered separately.
For more information on joint works, see Chapter 500, Section 505.
801 .7 Works Made for Hire
A work made for hire is (i) "a work prepared by an employee within the scope of his or her employment" or (ii) "a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire."17U.S.C.§101.
For more information on works made for hire, see Chapter 500, Section 506.
801.8 Derivative Works
A derivative work is "a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a 'derivative work.'" 17 U.S.C. § 101.
Chapter 800 : 18
12/22/2014
