1009.5 Name of Author
The applicant should identify all of the authors who created or co-created the copyrightable content that is claimed in the application.
When completing an online application, the applicant should provide the author’s full name on the Authors screen. If the content was created by an individual, the applicant should provide that person’s full name in the field marked Individual Author. If the
content was created by or on behalf of a legal entity, such as a corporation, partnership, or other organization, the applicant should provide that entity’s name in the field marked Organization. If the works were created by more than one author, the applicant should complete the relevant fields, click the Save button, and then repeat this process for the other authors.
If the author created the content as a work made for hire, the applicant should select “yes” in response to the question “Is this author’s contribution a work made for hire?” (For a definition and discussion of works made for hire, see Chapter 500, Section 506.) If the content was created by an employee acting within the scope of his or her employment, the employer should be named as the author (not the employee). If the content was specially ordered or commissioned as a work made for hire, the person or organization that ordered or commissioned the work should be listed as the author (rather than the individual who actually created the work).
NOTE: When asserting a claim in copyrightable web design authorship, the web designer(s) should be named as the author unless the designer created the website under a work for hire agreement.
In all cases, the applicant should provide the author’s country of citizenship or domicile. The Office may use this information to determine if the work is eligible for protection under U.S. copyright law. If the applicant fails to provide this information, the application will not be accepted by the electronic registration system. If the author’s citizenship or domicile is unknown, the applicant may select “not known” from the drop down menu.
When completing a paper application, the applicant should provide the author’s full name and his or her country of citizenship and/or domicile on space 2 (A). If the content was created by more than one author, the applicant should provide this information for the other authors on spaces 2 (B) and 2 (C). If the content was created by more than three authors, the applicant should provide this information on Form CON.
If the content qualifies as an anonymous work or pseudonymous work, the applicant may check the appropriate boxes that appear on the Authors screen of the online application or in space 2 of the paper application. For a definition and discussion of anonymous works and pseudonymous works, see Chapter 600, Sections 615.1 and 615.2.
For additional guidance in providing the Author’s Name, see Chapter 600, Section 613.9. For guidance in providing the author’s citizenship and domicile, see Chapter 600, Section 617.