Copyright Compendium

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618.8 (F) Material Claimed in the Author Created Field or Nature of Authorship Space Not Found in the Deposit Copy(ies)

 

618.8 (F) Material Claimed in the Author Created Field or Nature of Authorship Space Not Found in the Deposit Copy(ies)

 

As discussed in Sections 618.4 (A) and 618.4 (B), the applicant should only assert a claim in the authorship that will be submitted for registration. The applicant should not assert a claim in material that will not be submitted for registration or material that does not appear in the work.

 

Example:

 

• An application is submitted for a videogame titled Ant Farm. The applicant intends to register the audiovisual material that appears on the CD-ROM, but does not intend to register the computer program embedded in the disc. In the Author Created field the applicant asserts a claim in “audiovisual material.” The applicant does not assert a claim in the computer program and does not submit any of the source code for that program. The registration specialist will register the claim.

 

If the applicant asserts a claim in material that does not appear in the deposit copy(ies), the registration specialist may register the claim with an annotation identifying the material that appears in the deposit.

 

Examples:

 

• An application is submitted for a work consisting solely of text. The applicant has checked all of the boxes that appear in the Author Created field. The registration specialist may register the claim with an annotation, such as: “Regarding authorship information: Deposit only contains text.”

 

• An application is submitted for a short story naming Ananeka Kanihl as the author of “text” and “illustrations,” but the copy only contains text. The registration specialist may register the claim with an annotation, such as: “Regarding authorship information: Deposit only contains text.”

 

• An application is submitted for a song titled The Annunaki. In the Author Created field the applicant asserts a claim in “music” and “lyrics.” The deposit contains music but no lyrics. The registration specialist may register the claim with an annotation, such as: “Regarding authorship information: Deposit contains only music.”

 

If the deposit copy appears to be incomplete, the specialist may communicate with the applicant.

 

Examples:

 

• An application is submitted for a twenty-page catalog. In the Author Created field the applicant asserts a claim to copyright in the “text, 2-dimensional artwork.” The deposit copy contains text, but no artwork. The registration specialist may communicate with the applicant to determine if a complete copy of the work has been submitted. Alternatively, the specialist may register the claim with an annotation, such as: “Regarding authorship information: Deposit contains only text.”

 

• An application is submitted for a computer program. In the Nature of Authorship space the applicant asserts a claim to copyright in “computer program and screen displays.” The deposit copy contains C++ source code, but no screen displays. The registration specialist will communicate with the applicant and explain that registration for this computer program covers any copyrightable screen displays generated by the program. Because the applicant expressly asserted a claim in screen displays, the specialist will ask the applicant to submit a copy of the screen displays for examination, or in the alternative, the specialist will ask for permission to remove “screen displays” from the application.