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618.8 (A) (11) Entire Work and Other Unspecific Terms

 

618.8 (A) (11) Entire Work and Other Unspecific Terms

 

As a general rule, the applicant should use one or more of the terms set forth in Section 618.4 (C) in the Author Created field or the Nature of Authorship space.

 

The applicant should not use the term “entire work,” because it does not identify the specific form of authorship that the applicant intends to register. Instead, it suggests that the applicant may be asserting a claim in both the copyrightable and uncopyrightable elements of the work. It also suggests that the applicant may be asserting a claim in any previously published material, previously registered material, public domain material, or third party material that may be present in the work.

 

Example:

 

• An application is submitted for a textbook containing text, illustrations, photographs, as well as a CD insert containing videos and sound recordings. The publisher intends to register the entire copyrightable content of this work. The applicant states that the author created “text, 2-D artwork, photographs, sound recording, and audiovisual material.” The registration specialist will register the claim.

 

If the applicant uses the term “entire work” or other unspecific description that is not listed in Sections 618.8 (A) (1) through 618.8 (A) (10), the registration specialist may ask the applicant to provide a more specific authorship statement. If the extent of the claim is clear from the deposit copy(ies) or the information provided elsewhere in the registration materials, the specialist may register the claim. In this situation, the specialist may add an annotation that describes the copyrightable content of the work or any relevant statements or information that appear in the deposit copy(ies).

 

Examples: Entire work

 

• An application is submitted for a sound recording naming Wrecked Records as the author of the “entire work.” The registration specialist will ask the applicant to provide a more specific authorship statement using one or more of the terms set forth in Section 618.4 (C).

 

• An application is submitted for a website, naming Magnetic Marketing as the author of the “entire work.” The registration specialist will ask the applicant to provide a more specific authorship statement using one or more of the terms set forth in Section 618.4 (C).

 

• An application is submitted for a computer program that generates typeface designs, naming Fontography as the author of the “entire work.” The registration specialist will ask the applicant to provide a more specific authorship statement, such as “computer program.”

 

• A law firm submits three applications to register a derivative work, a collective work, and a compilation on behalf of its clients. In each case, the application asserts a claim in the “entire work.” The registration specialist will ask the applicant to provide a more specific authorship statement using one or more of the terms set forth in Section 618.4 (C). In addition, the specialist may ask the applicant to complete the Limitation of Claim screen.

 

• An application is submitted for a script naming Oliver Spencer as the author of the “entire work.” A statement on the deposit copy reads “A play by Oliver Spencer.” The registration specialist may register the claim with an annotation, such as: “Regarding authorship information: Copy states ‘A play by Oliver Spencer.'”

 

Examples: Other unspecific authorship statements

 

• An application is submitted for a literary work, naming St. John Sinclair as the author of “everything.” A statement on the deposit copy reads “text and artwork by St. John Sinclair.” The registration specialist may register the claim with an annotation, such as: “Regarding authorship information: Copy states ‘Text and artwork by St. John Sinclair.'”

 

• An application is submitted for a work of the performing arts, naming Albert Ferraro as the author of “entire project.” The deposit copy contains music and a statement on the deposit reads “by Al Ferraro.” The registration specialist may register the claim with an annotation, such as: “Regarding authorship information: Copy contains music.”

 

• An application is submitted naming Patricia Feinstein as the author of a “website.” The deposit copy contains text and two- dimensional artwork, and Patricia appears to be the sole author of this work. The registration specialist will ask the applicant to provide a more specific authorship statement, such as “text, 2-D artwork.”

 

• An application is submitted for a work titled Neurological Examination Simplified. Jason Mackray is named as the author of “a guide to help neurologists conduct quick and simple assessments.” A statement on the deposit copy reads “by Jason Mackray; illustrations by Susan Talbot.” The registration specialist may communicate with the applicant to determine if Susan’s name should be added to the application and to request a more specific authorship statement, such as “text” for Jason and “2-D artwork” for Susan.