Copyright Compendium

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618.8 (C) (2) Claim in Copyrightable Authorship and Uncopyrightable Material

 

618.8 (C) (2) Claim in Copyrightable Authorship and Uncopyrightable Material

 

If the applicant asserts a claim in copyrightable material as well as material that is uncopyrightable under the Copyright Act, Section 202.1 of the regulations, or this Compendium, the registration specialist may communicate with the applicant. In the alternative, the specialist may register the claim with an annotation indicating that the registration does not cover the uncopyrightable material. The annotation is intended to put the applicant, the claimant, the courts, and the general public on notice concerning the extent of the claim to copyright.

 

Examples:

 

• Claim in uncopyrightable material under Section 102 (B). An application is submitted for a scientific paper containing text, graphs, and mathematical equations. The applicant asserts a claim in “text, illustrations, theory.” If the work contains a sufficient amount of copyrightable authorship to support a claim in text and illustrations, the registration specialist may register the claim with an annotation, such as: “Regarding authorship information: Ideas not copyrightable. 17 USC 102 (B).”

 

• Claim in uncopyrightable material under 37 C.F.R. § 202.1. An application is submitted for a banner advertisement. Brian Metcalf is named as the author of “artwork, slogan, typeface.” If the work contains a sufficient amount of pictorial or graphic authorship to support a claim in artwork, the registration specialist may register the claim with an annotation, such as: “Regarding authorship information: Slogan, typeface, typographic ornamentation not copyrightable. 37 CFR 202.1.”