621.8 (C) (1) The Online Application: New Material Included Field
When completing an online application, the applicant should identify the new authorship that he or she intends to register on the Limitation of Claim screen. Specifically, the applicant should check one or more of the boxes in the New Material Included field that accurately describe the new authorship that is owned by the copyright claimant. The options for each type of work are listed below:
Literary Works
• Text
• Artwork
• Photograph(s)
• Computer program
Works of the Visual Arts
• 2-D artwork
• Photograph
• Jewelry design
• Architectural work
• Sculpture
• Technical drawing
• Map
Works of the Performing Arts
• Lyrics
• Music
• Musical arrangement
• Text
Sound recordings
• Sound recording
Motion Pictures and Audiovisual Works
• Additional new footage
• Revisions / additions to script
• Production as a motion picture
• All other cinematographic material
Single Issue of a Serial Publication
• Text
• Artwork
• Editing
• Translation
• Compilation
• Photograph(s)
For a definition and discussion of these terms, see Section 618.4 (C). For representative examples that demonstrate how to complete the New Material Included field, see Section 621.8 (E).
NOTE: As discussed in Section 621.8 (A), the information that the applicant provides in the New Material Included field should be identical to the information that the applicant provides in the Author Created field. But this portion of the application should be completed only if unclaimable material has been excluded from the claim in the Material Excluded field. If the work does not contain an appreciable amount of unclaimable material, the Limitation of Claim screen may be left blank. If you complete the Material Excluded field, you also must complete the New Material Included field (and vice versa). If you fail to complete both portions of the Limitation of Claim screen, the application will not be accepted by the electronic registration system. For guidance in completing the Material Excluded field, see Section 621.8 (B).
As a general rule, the U.S. Copyright Office will accept any of the terms listed above or any combination of these terms, provided that they accurately describe the copyrightable authorship being claimed. If the information provided in the New Material Included field is contradicted by the information provided elsewhere in the registration materials, the registration specialist may communicate with the applicant.
The applicant should only check the boxes that describe the authorship created by the author(s) named in the application that is owned by the individual or entity who is named as the copyright claimant. The applicant should not assert a claim in material that is not owned by the copyright claimant, material that will not be submitted for registration, or material that does not appear in the deposit copy(ies). Likewise, the applicant should not assert a claim in any material that is uncopyrightable or de minimis. For information concerning claims in uncopyrightable or de minimis material, see Sections 621.9 (E) and 621.9 (F).
Example:
• An application is submitted for a CD that contains music, lyrics, and a musical arrangement. The claimant owns the copyright in the musical arrangement, but does not own the other material that appears in the work. In the New Material Included field, the applicant should check the box for “musical arrangement” and in the Material Excluded field the applicant should check the boxes marked “music” and “lyrics.”
The applicant should check the box(es) that identify the specific type of authorship that the applicant intends to register. For example, if the applicant intends to register a computer program or a set of blueprints, the applicant should check the box marked “computer program” or “technical drawing,” rather than the box marked “text” or “2-D artwork.” Likewise, if the applicant intends to register a new scene for a motion picture, the applicant should check the boxes marked “additional new footage” or “revisions/ additions to script,” rather than the boxes marked “production as a motion picture” or “all other cinematographic material.”
If the terms provided in the checkboxes do not fully describe the new authorship that the applicant intends to register, the applicant should provide a more specific description in the field marked New Material Included/Other.
Examples:
• The applicant intends to register the second edition of a coffee table book. The applicant may assert a claim to copyright in this new authorship by checking the boxes marked “text, artwork, photograph(s),” or by stating “revised text,” “new illustrations,” “some new photographs,” “new introduction,” or the like in the New Material Included/Other field.
• The applicant intends to register the foreword for a textbook. The applicant may assert a claim to copyright in this new authorship by checking the box marked “text” or by stating “text of foreword” in the New Material Included/Other field.
• The applicant intends to register a revised version of a previously published computer program. The applicant may assert a claim to copyright in this new authorship by checking the box marked “computer program” or by stating “revised computer code,” “new computer software,” or the like in the New Material Included/Other field.
• The applicant intends to register an article that combines an appreciable amount of previously published material with additional new text. The applicant may assert a claim to copyright in the new text by checking the box marked “text” or by stating “some new text” in the New Material Included/Other field.
• The applicant intends to register a Spanish translation of Huckleberry Finn. The applicant may assert a claim to copyright in this new authorship by stating “Spanish translation” in the New Material Included/Other field.
• The applicant intends to register new drawings that were added to a graphic novel. The applicant may assert a claim to copyright in this authorship by checking the box for “2-D artwork” in the New Material Included field, or by stating “new drawings added” in the New Material Included/Other field.
• The applicant intends to register a new musical arrangement for a previously registered song. The applicant may assert a claim to copyright in this new authorship by checking the box for “musical arrangement” in the New Material Included field or by stating “new musical arrangement,” “revised music,” or the like in the New Material Included/Other field.
• The applicant intends to register a screenplay adaptation of a previously published book. The applicant may assert a claim to copyright in this new authorship by checking the box for “text” in the New Material Included field, or by stating “adaptation of book for screenplay” in the New Material Included/Other field.
• The applicant intends to register a new treatment for a motion picture. The applicant may assert a claim to copyright in this new authorship by stating “revised treatment,” “new treatment,” or the like in the New Material Included/Other field.
• The applicant intends to register a remix of a previously published sound recording. The applicant may assert a claim to copyright in this new authorship by stating “remixed sound recordings” in the New Material Included/Other field.
NOTE: Currently, the total amount of text that may be provided in both the Material Excluded and the New Material Included fields is limited to 1800 characters.