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618.4 (C) Recommended Terminology for Asserting a Claim to Copyright

 

618.4 (C) Recommended Terminology for Asserting a Claim to Copyright

 

This Section provides a definition and discussion of the various terms that may be used to assert a claim to copyright in the Author Created field or the Nature of Authorship space.

 

• Architectural work. This term may be used to describe a work consisting of the design of a building, including the overall form as well as the arrangement and composition of spaces and elements in the design. By contrast, the blueprints or architectural plans for an architectural work should be described as a technical drawing. A technical drawing can be used to support either (I) an architectural work, or (ii) pictorial or graphic authorship in a technical drawing (i.e., the design or plans themselves as distinct from the architectural work). For a discussion of the specific practices and procedures for registering technical drawings and architectural works, see Chapter 900, Sections 922 and926.

 

• 2-D artwork, 2-dimensional artwork. This term may be used to describe the authorship in a pictorial or graphic work. For example, it may be used to describe two-dimensional artwork appearing in paintings, drawings, collages, stencils, patterns, posters, calendars, games, commercial prints, labels, logos, packaging, and greeting cards. It may be used to describe unanimated drawings and graphics that appear on a website or computer screen. (If the drawings or graphics are animated, the applicant should use the term audiovisual work to describe the work.) The term 2-D artwork may be used to describe two-dimensional drawings or artwork that create the illusion of three-dimensions through the use of shading and perspective. The term 2-D artwork also may be used to describe two-dimensional artwork that has been applied to a useful article, such as a car, chair, car, or plate, provided that the artwork is separable from the useful article. For a discussion of the practices and procedures for registering specific types of pictorial and graphic works, see Chapter 900, Sections 908 through 924. For a discussion of the practices and procedures for registering separable artwork that has been incorporated into a useful article, see Chapter 900, Section 925.

 

• Artwork. This term may be used to describe the authorship in a pictorial or graphic work. Specifically, the term may be used to describe two-dimensional artwork, including illustrative matter, such as drawings or other pictorial representations. Likewise, this term may be used to describe a chart, table, or graph, provided that the work contains a sufficient amount of pictorial or graphic authorship.

 

• Cinematography. This term may be used to describe the authorship in a motion picture or other audiovisual work. Specifically, it may be used to describe the creative contribution to a joint work or a work made for hire of the individual or entity who composes the shots for a motion picture or other audiovisual work, operates the camera during filming or videotaping, and/or supervises any of the foregoing activities. For a discussion of the specific practices and procedures for registering motion pictures and other audiovisual works, see Chapter 800, Sections 807 and 808.

 

• Compilation / Compilation of              . For a discussion of these terms and the specific practices and procedures for registering a compilation, see Section 618.6.

 

• Computer program. This term may be used to describe source code, object code, or other statements or instructions that are used in a computer to bring about a certain result, including both executable code and nonexecuting comments that may be included within the program. For a discussion of the specific practices and procedures for registering a computer program, see Chapter 700, Section 721.

 

• Collective work. For a discussion of this term and the procedures for registering a collective work, see Sections 618.7 and 618.7 (A).

 

• Contribution(s) to a collective work. For a discussion of this term and the procedures for registering a contribution to a collective work, see Section 618.7 (B).

 

• Collective work authorship / Collective work authorship and component work(s) authored or fully owned by the Collective Work Author. These terms appear in the application for registering a single issue of a serial publication. For a discussion of these terms and the procedure for registering this type of work, see Section 618.7 (C).

 

• Direction. This term may be used to describe the authorship in a motion picture or audiovisual work. Specifically, the term direction may be used to describe the creative contribution of the individual or entity that supervises and directs the entire cast and crew for a motion picture or an audiovisual work, including all technical and artistic aspects of the work. For a discussion of the specific practices and procedures for registering, dramatic works, audiovisual works, and motion pictures see Chapter 800, Sections 804, 807, and 808.

 

• Editing. The term editing may be used to describe the authorship in a motion picture or other audiovisual work. Specifically, it may be used to describe the creative contribution to a joint work, a work made for hire, or a derivative work of the individual or entity who selects the takes and shots from a motion picture or other audiovisual work, and splices them into sequences to achieve continuity and a desired dramatic, comedic, and/or thematic effect. For a discussion of the specific practices and procedures for registering motion pictures and other audiovisual works, see Chapter 800, Section 807 and 808.

 

For information concerning editorial revisions in a literary work, see Chapter 700, Section 709.4. For editing involving a musical work, see Chapter 800, Section 802.6 (I). For digital editing in photography, see Chapter 900, Section 909.3 (A).

 

• Entire motion picture. This term may be used to describe the direction, production, editing, music, script, and cinematography in a motion picture. For a discussion of the specific practices and procedures for registering motion pictures, see Chapter 800, Section 808.

 

• Jewelry design. This term may be used to describe two-dimensional or three- dimensional designs that have been applied to rings, pendants, earrings, necklaces, and the like. For a discussion of the specific practices and procedures for registering jewelry designs, see Chapter 900, Section 908.

 

• Lyrics. This term may be used to describe the words in a song or other musical composition. For a discussion of the specific practices and procedures for registering lyrics, see Chapter 800, Section 802.9. If the lyrics have been combined with music written by another author, the work must be registered as a musical composition naming the composer and lyricist as joint authors of the work as a whole.

 

• Map. This term may be used to describe a cartographic representation of a geographic area, including atlases, marine charts, relief maps, and globes. For a discussion of the specific practices and procedures for registering maps, see Chapter 900, Section 919.

 

• Music. This term may be used to describe the melody, rhythm, and/or harmony of a musical composition. For a discussion of the specific practices and procedures for registering music, see Chapter 800, Section 802. If the music has been combined with lyrics written by another author, the work must be registered as a musical composition naming the composer and lyricist as joint authors of the work as a whole.

 

• Musical arrangement. This term may be used to describe new or revised harmony that has been added to a preexisting melody or song. In such cases, the work must be registered as a derivative work.

 

• Musical composition. This term may be used to describe the melody, rhythm, and/or harmony of a musical composition.

 

• Photograph(s). This term may be used to describe photographic images, photographic illustrations, photographic prints, and photographic slides. It also may be used to describe holograms. For a discussion of the specific practices and procedures for registering photographs, see Chapter 900, Section 909.

 

• Production. This term may be used to describe the authorship in a motion picture or other audiovisual work. A motion picture generally embodies the contributions of many persons whose efforts are brought together to make a cinematographic work of authorship. The term production may be used to describe the contribution of an individual or entity that plays a direct, creative role in planning, organizing, and controlling the various stages of the creation of a motion picture. For a discussion of the specific practices and procedures for registering motion pictures and other audiovisual works, see Chapter 800, Sections 807 and 808.

 

• Reproduction of a work of art. This term may be used to describe a copyrightable reproduction of a preexisting pictorial, graphic, or sculptural work of art that has been produced through lithography, photoengraving, etching, molding, sculpting, or other creative processes. A reproduction of a work of art is a derivative work, and as such, the applicant should exclude any preexisting material from the claim. For a discussion of the specific practices and procedures for registering a reproduction of a work of art, see Chapter 900, Section 917.

 

• Script / screenplay. These terms may be used to describe the authorship in a work of the performing arts. Specifically, they may be used to describe a written text that is used in the production or performance of a work that is presented on stage, screen, television, radio, the internet, or any other performance medium. As a general rule, these terms should not be used to describe a brief synopsis of a play, script, or screenplay or a treatment for a motion picture (i.e., a written description of a motion picture that is typically created before the creation of the shooting script). Instead, the term “synopsis” or “treatment” should be used to describe these types of works.

 

• Sculpture, 3-dimensional sculpture. These terms may be used to describe the authorship in a work of fine art or any other three-dimensional sculptural work. The term “sculpture” or “soft sculpture” may be used to describe the authorship in toys, dolls, stuffed animals, and puppets.

 

The term “sculpture√¢‚Ǩ¬ù or “3-dimensional sculpture” may be used to describe three- dimensional artwork that has been incorporated into a useful article, provided that the sculpture can be separated from the useful article. For a discussion of the specific practices and procedures for registering a separable sculpture that has been applied to a useful article, see Chapter 900, Section 924.

 

• Sound recording. This term may be used to describe a series of sounds that have been recorded in a particular medium, such as a recording of musical sounds that have been captured in a compact disc or mp3 file. Specifically, the term sound recording may be used to describe the creative contribution of an individual who performed the sounds that are fixed in a particular recording. If more than one performance is fixed in the sound recording, the claim must be for joint authorship or a work made for hire. Likewise, the term sound recording may be used to describe the creative contribution of the producer or sound engineer who recorded the sounds. A sound recording is separate and distinct from any work that may be embodied in the recording. For example, a song that is captured in a sound recording is a separate work from the recording of that song and a book that is captured in an audiobook is a separate work from the recording of that book. For a discussion of the specific practices and procedures for registering a sound recording, see Chapter 800, Section 803.

 

• Technical drawing. This term may be used to describe diagrams illustrating scientific or technical information in linear form, such as architectural blueprints or mechanical drawings. For a discussion of the specific practices and procedures for registering technical drawings, see Chapter 900, Section 922.

 

• Text. This term may be used to describe books, manuscripts, stories, poetry, or other nondramatic literary works. It may be used to describe textual material that accompanies a pictorial, graphic, or sculptural work, such as comic strips, greeting cards, maps, commercial prints or labels, or the rules for a game. It also may be used to describe a play, a script, a screenplay, or a treatment for a motion picture, an audiovisual work, or other works of the performing arts.