Compendium: Chapter 300
Copyrightable Authorship:
What Can Be Registered
301 What This Chapter Covers
This Chapter discusses the U.S. Copyright Office’s practices and procedures for evaluating copyrightable authorship. For guidance on practices and procedures relating to specific types of works, see the following Chapters:
- For a general overview of the registration process, see Chapter 200.
- For guidance in determining who may file an application and who may be named as the copyright claimant, see Chapter 400.
- For guidance in identifying the work that will be submitted for registration, see Chapter 500.
- For guidance in completing the application, see Chapter 600.
- For a discussion of literary works, see Chapter 700.
- For a discussion of works of the performing arts, see Chapter 800.
- For a discussion of visual art works, see Chapter 900.
- For a discussion of websites and website content, see Chapter 1000.
- For a discussion of the options for registering certain groups of works, see Chapter 1100.
- For a discussion of renewal registrations, see Chapter 2100.
302 The Legal Framework
The Copyright Act protects “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” 17 U.S.C. § 102(a).
Section 410(a) of the statute states that the Register of Copyrights shall register a claim to copyright and issue a certificate of registration if the U.S. Copyright Office determines that “the material deposited constitutes copyrightable subject matter and that the other legal and formal requirements have been met.” If the Office determines that “the material deposited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, the Register shall refuse registration and shall notify the applicant in writing of the reasons for such refusal.” 17 U.S.C. § 410(b).
