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1405.3 Works That Cannot Be Registered with the Single Application

 

1405.3 Works That Cannot Be Registered with the Single Application

 

The Single Application cannot be used to register the following types of works:

 

• Works made for hire.

 

• Works created by two or more authors.

 

• Works with more than one owner.

 

In particular, this form cannot be used to register the following works, because they contain multiple works of authorship or because these claims tend to be very complex:

 

• Collective works.

 

• Databases.

 

• Websites.

 

• Choreographic works.

 

• Architectural works.

 

• Secure tests.

 

• A unit of publication.

 

• Two or more works that may be eligible for a group registration.

 

See 37 C.F.R. § 202.3 (B) (2) (I) (B) (3).

 

To register claims involving these works, applicants must submit a Standard Application, a paper application, or one of the applications described in Section 1406.

 

Applicants may not use the Single Application if the deposit contains material created by two or more authors (even if they only intend to register material created by one of those individuals). For the same reason, this application may not be used to register a derivative work based on a preexisting work by a different author. And a work created solely by one individual cannot be registered with the Single Application if the author transferred his or her rights to another party, if the work is co-owned by two or more parties, or if the author is deceased.

 

For additional information concerning these restrictions, see Sections 1405.4 through 1405.7.

 

See generally Streamlining the Single Application and Clarifying Eligibility Requirements, 83 Fed. Reg. 5227, 5229 (Feb. 6, 2018); Single Application Option, 78 Fed. Reg. 38,843, 38,844 (June 28, 2013).