Copyright Compendium

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Chapter 2400

618.8 (C) (5) Claim in Uncopyrightable Material: Works Created by Two or More Authors

618.8 (C) (5) Claim in Uncopyrightable Material: Works Created by Two or More Authors


If two or more authors are named in the application, and if it appears that one or more of the authors did not contribute copyrightable authorship to the work, the specialist will ask for permission to remove that author’s name from the registration record.


Examples:


• Claim in uncopyrightable material under Section 102 (B). An application is submitted for a screenplay naming Greg Lange as the author of a “teleplay for reality show” and Jennifer Lange as the author of the “reality show format.” A statement on the deposit copy states “script by Greg Lange.” The registration specialist will communicate with the applicant and explain that the format for a television show is not copyrightable. Therefore, the specialist will ask for permission to remove all of Jennifer’s information and the reference to “reality show format” from the registration record.


• Claim in uncopyrightable material under 37 C.F.R. § 202.1. An application for a board game is submitted naming Mark Zwisler as the author of “2-D artwork” and Abacus LLC as the author of “text.” The only text that appears in the work is a scorecard for recording information. The registration specialist will communicate with the applicant and explain that blank forms are not copyrightable. Therefore, the specialist will ask for permission to remove all of the company’s information and the term “text” from the registration record.


• Claim in uncopyrightable material under the Compendium. An application is submitted for a medical textbook, naming, Dr. Arvind Desai as the author of “text” and MRI Associates as the author of “photographs.” The photographs in the work are medical x-rays. The registration specialist will communicate with the applicant and explain that x-rays generally are not copyrightable. Therefore, the registration specialist will ask for permission to remove all of the company’s information and the term “photographs” from the registration record.

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