Copyright Compendium

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618.8 (C) (6) Claim in Uncopyrightable Material: Registration Refused

 

618.8 (C) (6) Claim in Uncopyrightable Material: Registration Refused

 

If the applicant asserts a claim in material that is uncopyrightable under the Copyright Act, Section 202.1, or this Compendium, the registration specialist will refuse registration if the claim appears to be limited to that material or if there appears to be no other basis for asserting a valid claim in the work.

 

Examples:

 

• Claim in uncopyrightable material under the Copyright Act. An application names two individuals as the authors of a work described as a “sculpture.” The deposit copy is a photograph of a chair containing no separable pictorial, graphic, or sculptural authorship. The registration specialist will refuse registration, because the applicant is asserting a claim to copyright in a useful article.

 

• Claim in uncopyrightable material under 37 C.F.R. § 202.1. An application is submitted for a product label. The applicant asserts a claim in “text, 2-D artwork.” The deposit copy merely contains the name of the product in a stylized typeface and a list of ingredients. The registration specialist will refuse registration, because the applicant is asserting a claim to copyright in mere words, mere variations of typographic ornamentation, and a mere listing of ingredients.

 

• Claim in uncopyrightable material under this Compendium. An application is submitted naming Tamlyn Jackson as the author of a “choreographic work.” The deposit copy is a DVD depicting various football plays. The registration specialist will refuse registration, because football plays do not qualify as copyrightable choreographic subject matter.