618.8 (C) (1) Deposit Copy(ies) Containing Copyrightable Authorship and Uncopyrightable Material; No Claim Asserted in Uncopyrightable Material
If the deposit copy(ies) contain copyrightable authorship as well as uncopyrightable material, the registration specialist may register the claim without communicating with the applicant, provided that the applicant does not claim the uncopyrightable material in the Author Created field or the Nature of Authorship space.
• An application is submitted for a work naming Judy Smith as the author of “2-D artwork.” The deposit copy contains an illustration and a short slogan to describe the illustration. The registration specialist will register the claim because the applicant asserted a claim in the copyrightable artwork, but did not assert a claim in the uncopyrightable short phrase. The specialist may add an annotation to identify the uncopyrightable material, such as: “Regarding new material included: Slogan, typeface, typographic ornamentation not copyrightable. 37 CFR 202.1.”