Copyright Compendium

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1112.8 (B) Space 2: Name of Author / Nature of Authorship

1112.8 (B) Space 2: Name of Author / Nature of Authorship


In space 2 (A) the applicant should provide the full name of the author who created the updates or revisions for the database, as well as the author’s country of citizenship and/or domicile.


If the updates or revisions were created by more than one author, the applicant may list the other authors on spaces 2 (B) and 2 (C) or on Form CON, although providing this information is optional.


If the updates or revisions were created as works made for hire, the applicant should check the box marked “yes” that appears under the heading “was this contribution to the work a ‘work made for hire’?”


For 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. For a definition and discussion of works made for hire, see Chapter 500, Section 506.


The applicant should identify the copyrightable authorship that the author contributed to the updates or revisions. The applicant should provide this information in space 2 (A) under the heading marked Nature of Authorship.


The Office may accept any of the terms listed below, provided that they accurately describe the copyrightable authorship that appears in and is supported by the deposit copy. In most cases, the Office will accept combinations or variant forms of these terms, unless they are contradicted by information provided in the deposit copies or elsewhere in the registration materials.


• Compilation of data.


• Compilation of database information.


• Compilation of photographs.


• Compilation of artwork.


• Compilation and text.


• Revised and updated compilation.


• Text of database.


NOTE: The applicant should also submit a separate descriptive statement that describes the selection, coordination, and/or arrangement that the author contributed to the database. For information concerning this requirement, see Section 1112.7 (C).


The authorship that the applicant intends to register should be clearly identified in the application and the descriptive statement, and the claim to copyright in that authorship should be clearly stated. If the claim is unclear, the registration specialist may communicate with the applicant or may refuse registration. Examples of unclear terms include the following or any combination of the following:


• Data dictionary.


• Data insertion.


• Data layout or format.


• Data manipulation.


• Database features.


If the applicant asserts a claim in both the copyrightable and uncopyrightable features of the database, the registration specialist may annotate the application to indicate that the registration does not extend to the uncopyrightable features. If the applicant asserts a claim to copyright in any storage medium or any feature of the database that is uncopyrightable, the specialist may communicate with the applicant or may refuse registration if the claim appears to be based solely on those features. Examples of unacceptable terms include the following or any combination of the following:


• Database design.


• Database interface.


• Database structure.


• Data system.


For additional guidance in completing the Nature of Authorship space, see Chapter 600, Section 618.4 (B).