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1802.8 (A) (3) Identifying the Work(s) Covered by the Basic Registration

 

1802.8 (A) (3) Identifying the Work(s) Covered by the Basic Registration

 

The U.S. Copyright Office has established various categories for the purpose of registering works of authorship. These categories are merely administrative classifications that do not affect the subject matter of copyright or the exclusive rights in a work. See 17 U.S.C. § 408 (C) (1).

 

When completing the online application, the applicant should identify the category that best describes the work(s) covered by the basic registration. These categories are listed on the Original Registration screen under a drop down menu marked Type of Work.

 

Once a selection has been made, the system will provide a brief description and representative examples of the types of works that may be registered within each category. If the applicant fails to make a selection, the application will not be accepted by the electronic registration system.

 

The applicant should exercise care and judgment when completing this portion of the application. The selection will dictate the options for correcting or amplifying the information that appears in the basic registration. And if the claim is approved, it will determine the registration number that will be assigned to the supplementary registration.

 

Once a selection has been made, the Type of Work field cannot be changed unless the applicant discards the application and starts over again. If the applicant selects a category that does not match the works covered by the basic registration, the registration specialist may communicate with the applicant or refuse to issue a supplementary registration.

 

• Select Literary Work if the registration number assigned to the basic registration begins with the letters TX or TXu, and if the registration covers a work that explains, describes, or narrates a particular subject, theme, or idea through the use of narrative, descriptive, explanatory, or instructional text (rather than dialog or dramatic action). Examples of works that fit within this category include fiction, nonfiction, poetry, short stories, memoirs, textbooks, reference works, directories, catalogs, advertising copy, as well as computer programs. For additional information concerning this category, see Chapter 700, Section 703.

 

• Select Work of the Visual Arts if the registration number assigned to the basic registration begins with the letters VA or VAu, and if the registration covers a pictorial, graphic, or sculptural work. This category includes two-dimensional and three-dimensional works of fine, graphic, or applied art; prints and art reproduction; maps, and technical drawings. Examples of works that fit within this category include drawings, illustrations, posters, logos, sculptures, jewelry designs, fabric designs, wallpaper designs, and architectural works. For additional information concerning this category, see Chapter 900, Sections 903.1 and 903.2.

 

• Select Work of the Performing Arts if the registration number assigned to the basic registration begins with the letters PA or PAu, and if the registration covers a musical work, a dramatic work, a pantomime, or a choreographic work. Examples of works that fit within this category include songs, musical arrangements, stage plays, screenplays, scripts, treatments, and ballets. For additional information concerning this category, see Chapter 800, Sections 802, 804, 805, and 806.

 

• Select Sound Recording if the registration number assigned to the basic registration begins with the letters SR or SRu, and if the registration covers a sound recording. Examples of works that fit within this category include a recording of a singer performing a song or an audiobook, podcast, or live concert recording. Likewise, the applicant should select this option if the registration covers both a sound recording and the underlying work embodied in that recording, such as a registration that covers a song and a recording of a musician performing that song. For additional information concerning this category, see Chapter 800, Section 803.

 

NOTE: To add a claim in “sound recording” to a basic registration for a musical work, dramatic work, or literary work, the applicant should select the option for Sound Recording – ” even if the basic registration begins with the letters PA, PAu, TX, or TXu. For information concerning this type of correction or amplification, see Section 1802.6(J). If the Office determines that the work was registered in the wrong class or series, it may cancel the initial registration and issue a new registration in the correct class. For information concerning this procedure, see Section 1807.4 (A).

 

• Select Motion Picture/Audiovisual Work if the registration number assigned to the basic registration begins with the letters PA or PAu, and if the registration covers a feature film, documentary film, animated film, television show, video, videogame, or other audiovisual work, such as a slide presentation. For additional information concerning this category, see Chapter 800, Sections 807 and 808.

 

• When correcting or amplifying a basic registration for a compilation, a collective work, or a derivative work, the applicant should select the category listed above that best describes that work and the original registration number. For additional information concerning these types of works, see Chapter 500, Sections 507 through 509.

 

• When correcting or amplifying a basic registration for an unpublished collection or a unit of publication, the applicant should select the category listed above that best describes the works included within that collection or unit and the original registration number. For additional information concerning these types of registrations, see Chapter 1100.

 

• Select Single Serial Issue if the registration number assigned to the basic registration begins with the letters TX, and if the registration covers a single issue of a serial publication. A serial is a work that is issued in successive parts bearing numerical or chronological designations and is intended to be continued indefinitely. Examples include a single issue of a newspaper, magazine, bulletin, newsletter, annual, journal, and other similar works. Examples of works that do not fall within this category include episodes of a television series, a series of online videos, a collection of musical works, a group of manuscripts, an assortment of poetry, or a set of advertising copies. For additional information concerning this category, see Chapter 700, Section 712.

 

• Select Serial Issues if the basic registration begins with the letters TX, and if it is a group registration that covers two or more issues of a serial publication. For information concerning this group registration option, see Chapter 1100, Section 1107.

 

• Select Daily Newspapers if the basic registration begins with the letters TX, and if it is a group registration that covers a month of issues from the same newspaper. For information concerning this group registration option, see Chapter 1100, Section 1108.

 

• Select Daily Newsletters if the basic registration begins with the letters TX, and if it is a group registration that covers multiple issues from the same newsletter. For information concerning this group registration option, see Chapter 1100, Section 1109.

 

• Select Contributions to Periodicals TX if the basic registration begins with the letters TX, if it is a group registration that covers a group of contributions that were first published in a periodical, and if the contributions primarily contain nondramatic text. Examples of contributions that fit within this category include articles, news stories, columns, features, reviews, editorials, essays, fiction, verse, quizzes, puzzles, and advertising copy. For information concerning this group registration option, see Chapter 1100, Section 1110.

 

• Select Contributions to Periodicals VA if the basic registration begins with the letters VA, if it is a group registration that covers a group of contributions that were first published in a periodical, and if the contributions primarily contain pictorial or graphic material. Examples of contributions that fit within this category include photographs, drawings, illustrations, cartoons, comic strips, prints, paintings, art reproductions, charts, diagrams, maps, and pictorial advertisements. For information concerning this group registration option, see Chapter 1100, Section 1110.

 

• Select Published Photographs if the basic registration begins with the letters VA, and if it is a registration for a group of published photographs. For information concerning this group registration option, see Chapter 1100, Section 1114.

 

• Select Unpublished Photographs if the basic registration begins with the letters VA, and if it is a registration for a group of unpublished photographs. For information concerning this group registration option, see Chapter 1100, Section 1114.

 

• Select Literary Work if the registration number assigned to the basic registration begins with the letters TX or TXu, and if it is a registration for a group of questions, answers, and other items prepared for use in a secure test.

 

• The online application may be used to correct or amplify the information in a registration for a group of unpublished works, or a group of short online literary works. But before submitting the claim, the applicant must contact the Office of Registration Policy & Practice at copyinfo@copyright.gov to obtain prior authorization and instructions concerning the information that should be included in the application. For additional information, see Supplementary Registration (Circular 8).

 

• Likewise, the online application may be used to correct or amplify the information in a group registration for a photographic database. But before submitting the claim, the applicant must contact the Visual Arts Division at (202) 707-8202 to obtain prior authorization and instructions concerning the information that should be included in the application. See 37 C.F.R. § 202.6(e) (3); Supplementary Registration, 81 Fed. Reg. 86,656, 86,658 n.9 (Dec. 1, 2016).