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1606.2 Type of Work

 

1606.2 Type of Work

 

As discussed in Section 1603.1, there are six classes of works that are eligible for preregistration. The applicant should select the type of work that is most appropriate for the work that the applicant intends to preregister. Specifically, the applicant should check one or more of the boxes that appear on the Types of Work screen, depending on whether the work is a musical composition, a sound recording, a literary work intended to be published in book form, a computer program, a videogame, a motion picture, or an advertising or marketing photograph.

 

The applicant may preregister two or more works with one application if the works are owned by the same claimant and if the works will be published on the same date in the same unit of publication. In this situation, the applicant should check the boxes that describe each work that the applicant intends to preregister. However, if the applicant intends to preregister two or more works that will be distributed on different dates, the applicant must submit a separate application for each work. See 37 C.F.R. § 202.16 (C) (4); see also Preregistration of Certain Unpublished Copyright Claims, 70 Fed. Reg. 42,286, 42,290 (July 22, 2005).

 

Examples:

 

• River Rock Records commissioned twelve musical compositions that have been embodied in a number of sound recordings. River Rock owns the copyright in both the musical compositions and the sound recordings. All of these works will be published for the first time on the same compact disc. The applicant may preregister these works together by checking the boxes marked “Sound Recording” and “Musical Composition.”

 

• Disco Fever Publishing owns a music video and a sound recording that has been remixed from a previously published recording. The music video and the remixed sound recording will be published for the first time as a set consisting of a DVD and a super audio compact disc. The applicant may preregister both of these works by checking the boxes marked “Sound Recording” and “Motion Picture.”

 

• Lean Machine LLC is developing a new videogame. The packaging for this videogame will feature several photographs that are intended to market the product. The applicant may preregister both the videogame and the photographs by checking the boxes marked “Computer Program (may include videogame)” and “Advertising or Marketing Photograph.”

 

• Tween Publishing is preparing three novels that will feature the same recurring characters. All three novels may be preregistered with the same application and filing fee if the entire series is expected to be published in the same unit of publication on the same day. If each novel is expected to be published on a different date, a separate application and filing fee would be required for each work.

 

• Scintillating Studio is developing a pilot for a new television program and the network has ordered twelve additional episodes. The applicant should submit a separate application for the pilot and each additional episode in the series, because each episode will be released on a different date.