1606.6 (A) Date of Creation

 

1606.6 (A) Date of Creation

 

The applicant should identify the date that the author started to create the work. Specifically, the applicant should provide the month and year that the work was first fixed in a tangible medium of expression. Identifying the specific day that the first fixation occurred is encouraged, but not required. If the applicant cannot identify the exact date of creation, the applicant should provide a good faith estimate and check the box marked “Approximate.”

 

The criteria for establishing the date of creation vary depending upon the nature of the work:

 

• If the work is a motion picture, the date of creation is the date that filming began.

 

• If the work is a sound recording, the date of creation is the date that recording sessions began.

 

• If the work is a musical composition, the date of creation is the date that the author began to write down or record the music and/or lyrics.

 

• If the work is a literary work that is expected to be published in book form, the date of creation is the date that the actual writing of the text of the book began.

 

• If the work is a computer program, the date of creation is the date that the author began to write the code for the program.

 

• If the work is a videogame, the date of creation is the date that the author began to fix the visual aspects of the work.

 

• If the work is an advertising or marketing photograph, the date of creation is the date that the photograph was taken. If the applicant intends to preregister a group of photographs that are intended to be published together, the date of creation is the date that the author took the first photograph that will be included within the group.

 

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