Compendium of U.S. Copyright Practices, 3rd Edition

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602.3 Requirements for Registration of a Basic Claim

602.3 Requirements for Registration of a Basic Claim

The essential issues that should be resolved before the U.S. Copyright Office may complete a registration include the following:

• Is the subject matter of the work protected by copyright, i.e., does it fall under one or more of the categories of authorship set forth in Section 102 (A) of the Copyright Act?

• Is the work original, and is the authorship being claimed sufficiently creative to be copyrightable?

• Is the work eligible for copyright protection in the United States, i.e., does it satisfy one or more of the requirements set forth in Chapter 2000, Section 2003.

• Has the correct author been named (assuming the work is not anonymous)?

• Does the claimant appear to have the right to claim copyright in the work?

• Have the relevant deposit requirements been met?

• Has the required filing fee been paid?

• In the case of a work published prior to March 1, 1989, have the notice requirements been met?

• Is the extent of the claim clear?

• Has the basic information required by Section 409 of the law been provided?

• Has the application been certified?

The Office will issue a registration if all of these questions are answered in the affirmative, if there are no other issues in the registration materials that might raise questions concerning the claim, and if all of the other legal and formal requirements have been met.

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