Copyright Compendium

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609.3 Works Containing Multiple Forms of Authorship

609.3 Works Containing Multiple Forms of Authorship


If the work contains more than one type of authorship, the applicant should select the type of work or the paper application that corresponds to the predominant form of copyrightable authorship in that work. For example, if the work is a website that contains a substantial amount of text combined with a few photographs, the applicant should select Literary Work (in the case of an online application) or Form TX (in the case of a paper application). If the website mostly contains photographs with a small amount of text, the applicant should select Work of the Visual Arts for an online application or Form VA for a paper application. If the types of authorship are roughly equal, the applicant may use either option that would be appropriate. However, there is an exception to this rule for claims that include any sound recording authorship. In this case, the applicant must select Sound Recording (in the case of an online application) or use Form SR (in the case of a paper application), regardless of whether sound recording is the predominant form of authorship in the work. See 37 C.F.R. § 202.3 (B) (2)(iii).

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