Copyright Compendium

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620.7 Derivative Works and Compilations

 

620.7 Derivative Works and Compilations

 

If an individual or organization other than the author(s) is named as a claimant or co- claimant for a derivative work or a compilation, the applicant should provide a transfer statement explaining how that party obtained ownership of the copyright. In the case of a derivative work, the applicant should explain how the claimant acquired all of the rights that initially belonged to the individual or organization that created the new or revised material that appears in the work. In the case of a compilation, the transfer statement should explain how the claimant acquired all of the rights that initially belonged to the individual or organization that selected, coordinated, and/or arranged the preexisting materials or data that appear in the compilation.

 

Examples:

 

• An application is submitted for an English translation of a Spanish textbook. The application names Mary Fisher as the author of the translation and names Jones Publishing Company as the copyright claimant. The transfer statement indicates that the publisher obtained the copyright in the translation “by written agreement.” The registration specialist will register the claim.

 

• An online application is submitted for a musical arrangement naming XYZ Enterprises, Inc. as the author and Jennifer Sunshine as the copyright claimant. Jennifer states “by written agreement” in the Transfer field to explain how she obtained the copyright in this work. In the Material Excluded field she states “music and lyrics were previously published” and in the New Material Included field she limits the claim to the “musical arrangement.” The registration specialist will register the claim.

 

• An online application is submitted for a directory. The Association of Herpetologists is named as the copyright claimant, and the Serpentine Society is named as author of the “compilation of professional information.” A transfer statement is not provided. The registration specialist will communicate with the applicant to request an appropriate transfer statement.