808.10(A)(3)(a) Identifying the Authors of a Joint Work
Generally, when a motion picture is a "joint work," the applicant should name all of the authors of that work, although the Office will accept an application that names only the major author(s). The major authors of a motion picture are usually the producer or director. For certain works, the camera operator, animator, or performer also may be a major author, and an application that only specifies these forms of authorship may be acceptable.
Examples:
• The applicant names James Brown as "director" of a motion picture. The credits contain the same information, as well as the names of the producer and camera operator. The work is not a major commercial production. The application is acceptable.
• The applicant names Barry Jones as author of "lecture and presentation (or performance]." The camera focuses mainly on Barry, who delivers a speech and demonstration. The application is acceptable.
• The applicant submits a new motion picture for television naming the editor as the sole author of the work. "Editing" is not a sufficient basis for asserting a claim in an entire motion picture.
The registration specialist will communicate with the applicant to clarify the facts of the authorship.
808.10(A)(3)(b) Clarifying Joint Authorship
In some cases the applicant names two or more authors, but the motion picture does not appear to be a joint work. If so, the registration specialist may communicate with the applicant to determine whether the motion picture satisfies the statutory definition of a joint work.
Examples:
• An applicant names two authors/claimants: one created the motion picture, and the other composed the theme music. If the work does not appear to be "made for hire," the registration specialist may communicate with the applicant to determine whether the music and motion picture are separately owned and should be registered separately, particularly when the contributions are not equal and it seems unlikely that the composer is a co-owner of the rights in the motion picture.
• A music video is submitted for registration naming the songwriter and director/producer as co-authors. The registration specialist will communicate with the applicant to determine whether the song and video are owned separately by their respective authors.
Chapter 800 : 115
12/22/2014
