Copyright Compendium

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1405.2 Eligibility Requirements

1405.2 Eligibility Requirements

An applicant may register a claim with the Single Application, provided that the following conditions have been met:

• The claim must be limited to one work.

• The work must be created by one individual.

• All of the content appearing in the work must be created by that same individual.

• The individual must be the sole owner of all rights in the work.

See 37 C.F.R. § 202.3 (B) (2) (I) (B) (1).

As a general rule, the Single Application may be used to register only one work by one author, but there is a limited exception for sound recordings. Specifically, this application may be used to register one sound recording and one musical work, literary work, or dramatic work–notwithstanding the fact that a sound recording and the work embodied in that recording are separate works. To do so, applicants must satisfy the following conditions (in addition to the other requirements listed above):

• The author of the sound recording and the work embodied in that recording must be the same individual.

• That individual must own the copyright in both works.

• That individual must be the only person featured in the sound recording.

• The works must be embodied in the same phonorecord.

• The works must be submitted for registration in Class SR.

See 37 C.F.R. § 202.3 (B) (2) (I) (B) (2).

These requirements are discussed in more detail in Sections 1405.4 through 1405.7. Works that do not satisfy these requirements cannot be registered with the Single Application.

See generally Streamlining the Single Application and Clarifying Eligibility Requirements, 83 Fed. Reg. 5227, 5228 (Feb. 6, 2018).