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1106.1 (D) The Works Must Be Registered in the Same Administrative Class

 

1106.1 (D) The Works Must Be Registered in the Same Administrative Class

 

The U.S. Copyright Office will assign one registration number to a certificate of registration for a group of unpublished works. The prefix for this number will be based on the administrative classification that best describes the works in the group (TXu for literary works, VAu for visual art works, PAu for performing arts works, and SRu for sound recordings).

 

All of the works in the group must be registered in the same administrative class. 37 C.F.R. § 202.4 (C) (1). For example, an applicant could register a group of unpublished poems, essays, and short stories, because each work would be classified as a “literary work” for purposes of registration. By contrast, an applicant could not register a group of unpublished stories, photographs, and songs, because these works do not fit within the same administrative class.

 

When completing the application, applicants should select the administrative class that would be most appropriate for the predominant type of authorship in each work. For example, when registering a group of comic strips that contain a substantial amount of artwork combined with some text, applicants should select the class for “visual arts works.” When registering a group of illustrated short stories that contain a substantial amount of text combined with some drawings, applicants should select the class for “literary works.” If the types of authorship in each work are roughly equal – ” as in the case of a children’s book – ” applicants may select the class that would be appropriate for either type of authorship. See 37 C.F.R. § 202.3 (B) (2)(iii).

 

NOTE: There is a limited exception to this rule for claims involving sound recordings. As discussed in Section 1104, a group of sound recordings may be registered together with the musical work, literary work, or dramatic work embodied in each recording. But to do so, all of the works must be registered in Class SR, which is the administrative class for sound recordings.

 

See Group Registration of Unpublished Works, 82 Fed. Reg. 47,415, 47,417 (Oct. 12, 2017).