808.8(B)(1) Subtitles
When completing an application for the foreign film the applicant should give the authorship, ownership, creation, and publication information for the original motion picture. In the application for the subtitled version the applicant should give the authorship, ownership, creation, and publication information for the subtitles and the preexisting motion picture should be excluded from the claim.
808.8(B)(2) Dubbed Soundtracks
When completing an application for the foreign film the applicant should provide the authorship, ownership, creation, and publication information for the original motion picture. In the application for the dubbed version the applicant should give the authorship, ownership, creation, and publication information for the dubbed soundtrack and the preexisting motion picture should be excluded from the claim.
808.8(C) Closed and Open Captioning
Television programs containing "closed captioning" enable the hearing-impaired population to read what the hearing audience can hear.
Creative authorship in closed captioning may include adapting, editing, and abridging the text that is spoken to make it fit onto a television screen. The text also may include references to particular sound effects and the musical background, as well as convey the actual sense of the dialog. Once the text has been adapted, it is encoded onto a DVD, videotape, or other storage medium.
With "open captioning," the text is visible without the need for a special device. In some cases, the captioning is created simultaneously with the fixation, as in the case of a congressional hearing or judicial proceeding where a stenographer fixes and edits simultaneously.
If the captioning is a verbatim transcription of the spoken words, the claim is not copyrightable and will not be registered. See Chapter 300, Section 313.4(A). Likewise, the Office cannot register a claim in captioning if the work is mechanically created or if there is no editing of the text.
808.8(D) Bonus Material Contained in DVD
Applicants occasionally submit DVDs that contain bonus footage for a previously published or previously registered motion picture, such as outtakes from the original film and interviews with the director and actors. To register this type of work, the applicant should assert a claim in the "bonus footage" and should give the authorship, ownership, creation, and publication information for that material. The preexisting motion picture should be excluded from the claim.
808.8(E) Colorized Motion Pictures
In 1987 the U.S. Copyright Office concluded that "some computer-colorized films may contain sufficient original authorship to justify registration," and that the "general
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