genealogy containing a comprehensive selection of public records arranged in alphabetical or chronological order.
312.3 The Originality Requirement for Collective Works
A collective work “is a species of ‘compilation’” that “by its nature, must involve the selection, assembly, and arrangement of ‘a number of contributions.’” H.R. Rep. No. 94-1476, at 122 (1976), reprinted in 1976 U.S.C.C.A.N. at 5737 (discussing 17 U.S.C. § 101’s definitions of “compilation” and “collective work”).
Because a collective work is a type of compilation, the U.S. Copyright Office will apply the criteria set forth in Section 312.2 to determine whether the author’s selection, coordination, and/or arrangement satisfies the originality requirement. When examining a particular contribution that appears within a collective work, the Office will apply the criteria set forth in Section 309.
313 Uncopyrightable Material
The U.S. Copyright Office has no authority to register works that are not protected by copyright law. Some of the more common types of uncopyrightable material are discussed in Sections 313.1 through 313.6 below.
Although uncopyrightable material, by definition, is not eligible for copyright protection, the Office may register a work that contains uncopyrightable material, provided that the work as a whole contains other material that qualifies as an original work of authorship (e.g., a selection, coordination, and/or arrangement of uncopyrightable elements where the resulting work as a whole constitutes an original work of authorship).
313.1 Works That Have Not Been Fixed
As discussed in Section 305, a work of authorship may be registered, provided that it has been fixed in a tangible medium of expression. See 17 U.S.C. § 102(a). A work that has not been fixed is not protected by the Copyright Act and cannot be registered with the U.S. Copyright Office, although it might be eligible for protection under state law.
Examples:
- Choreography that has never been filmed or notated.
- An extemporaneous speech that has not been filmed or recorded.
- A work communicated solely through conversation or a live broadcast that has not been filmed, recorded, written, or transcribed.
- A dramatic sketch or musical composition improvised or developed from memory that has not been filmed, recorded, or transcribed.
See H.R. Rep. No. 94-1476, at 52, 131 (1976), reprinted in 1976 U.S.C.C.A.N. at 5747.
