For additional guidance in completing this portion of the application, see Chapter 600, Section 618.
804.9(D) The Material Excluded / New Material Included Fields and the Preexisting Material / Material Added to This Work Spaces
If the work is a derivative dramatic work or a compilation of dramatic works, and the underlying works are used with permission, the applicant should identify and exclude any preexisting work or material from the claim and should provide a brief description of the new material that the author contributed to the work.
When completing an online application, the applicant should provide this information in the Material Excluded and New Material Included fields. When completing a paper application, the application should provide this information in the Preexisting Material and Material Added to This Work space. For information on how to complete these portions of the application, see Chapter 600, Section 621.8.
Example:
• The work is a screenplay by Steve Morse based on the well-known novel The Lemon Tartlette by Rochelle Oiseaux. In the Material Excluded field the applicant states "The Lemon Tartlette by Rochelle Oiseaux, used by permission," and in the Author Created and New Material Included fields the applicant states "screenplay by Steve Morse." The claim will be registered.
804.9(D)(1) Dramatizations, Adaptations, and Revisions
When preparing an application to register a dramatization, an adaptation, or a revision the applicant should exclude the preexisting work from the claim by naming the author and title of the preexisting work in the Material Excluded field of the online application or in space 6(a] of Form PA. The new material maybe described as a "dramatization," "adaptation," or "revision" in the New Material Included field of the online application or in space 6(b) of Form PA.
As noted in Section 804.7, the registration specialist will communicate with the applicant to clarify the facts of authorship if it appears that the author of the adaptation or dramatization unlawfully used a copyrighted work.
804.9(D)(2) Translations
When preparing an application to register a translation of a dramatic work, the applicant should exclude the preexisting work from the claim by identifying the author and title of the preexisting work in the Material Excluded field of the online application or in space 6(a] of Form PA. The new work should be described as a "translation" in the New Material Included field of the online application or in space 6(b) of Form PA.
Chapter 800 : 71
12/22/2014
