Copyright Compendium

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618.8 (C) (3) Claim in Uncopyrightable Material: Deposit Copy(ies) Contain Copyrightable Authorship

 

618.8 (C) (3) Claim in Uncopyrightable Material: Deposit Copy(ies) Contain Copyrightable Authorship

 

If the deposit copy(ies) contain copyrightable material, and if the applicant asserts a claim in material that is uncopyrightable, the registration specialist may register the claim with an annotation indicating that the registration does not cover that material. Alternatively, the specialist may communicate with the applicant, which will delay the examination of the claim.

 

Examples:

 

• Claim in uncopyrightable material under Section 102 (B). Amanda Reeves submits for registration a DVD depicting a doctor performing surgery with a voice-over commentary. On the application, she describes the nature of authorship as “new process for suturing.” The only credit on the footage reads “written, filmed and narrated by Dr. Amanda Reeves.” Because the statement indicates that Amanda was the major author of the motion picture, the registration specialist may ask the applicant for permission to remove the reference to the suturing process and replace it with a more appropriate authorship statement. Alternatively, the specialist may register the claim with an annotation, such as: “Regarding authorship information: Process not copyrightable. 17 USC 102 (B). Copy states ‘written, filmed, and narrated by Dr. Amanda Reeves.'”

 

• Claim in uncopyrightable material under 37 C.F.R. § 202.1.

An application is submitted for an album titled The Hottest Hits from Tabasco & Tamale. The application states that Chuck Tabasco created the “sound recording” and Janet Tamale created the “name of performing group.” A statement on the deposit copy reads, “C. Tabasco: production; J. Tamale: vocals,” which indicates that Chuck and Janet contributed copyrightable authorship to this work. The registration specialist may ask the applicant for permission to remove the claim in the name of the performing group. Alternatively, the specialist may register the claim with an annotation, such as: “Regarding authorship information: Name of performing group not copyrightable. 37 CFR 202.1. Copy states ‘C. Tabasco: production; J. Tamale: vocals.'”

 

• Claim in uncopyrightable material under the Compendium.

An application is submitted for a proposal for a home renovation. Candace Cooper is named as the author of “text” and William Wilkinson as the author of “interior design.” A statement on the deposit copy reads “text by Candy Cooper; illustrations by Willy Wilkinson.” The statement on the deposit copy indicates that William contributed copyrightable authorship to this work. The registration specialist may ask the applicant to revise the term “interior design” or may register the claim with an annotation, such as: “Regarding authorship information: Interior design not copyrightable. Compendium 923.2. Copy states ‘Text by Candy Cooper; Illustrations by Willy Wilkinson.'”