Copyright Compendium

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Chapter 2400

1106.5 (G) Author Created

 

1106.5 (G) Author Created

 

The applicant must provide a brief statement that describes the copyrightable authorship that the author contributed to each work.

 

If the works were created by two or more authors, then as discussed in Section 1106.1, the authorship statement for each author must be exactly the same.

 

For example, if the author created ten pieces of jewelry, the applicant should select the option for “unpublished jewelry designs.” If two authors jointly created the jewelry designs, the applicant should use the same term to describe each author’s contribution to the works. For additional examples that illustrate this practice, consult the help text that accompanies the application.

 

If the terms provided in the author created field do not describe each and every work in the group, the applicant should prepare a separate application for each type of work. For instance, if the author created three drawings and two figurines, the applicant should separate the works into two groups and prepare one application for the drawings (which would be described as “unpublished illustrations”) and another application for the figurines (which would be described as “unpublished sculptural works”).

 

NOTE: Although an applicant may exercise some judgment in selecting and arranging the works that are included within the group, those decisions do not necessarily constitute copyrightable authorship. Often times, the selection is based on the regulatory requirements for this option, and the combination of those works is merely an administrative accommodation that facilitates the examination of each work. For this reason, applicants may not assert a claim in the selection, coordination, and/or arrangement of the group as a whole when they complete the application. And the group as a whole is not considered a compilation or a collective work. 37 C.F.R. § 202.4 (C) (7), (n).