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621.8 (D) Completing an Application to Register a Compilation, a Collective Work, and / or a Contribution to a Collective Work

 

621.8 (D) Completing an Application to Register a Compilation, a Collective Work, and / or a Contribution to a Collective Work

 

To register a compilation, a collective work, or a contribution to a collective work that contains an appreciable amount of unclaimable material, the applicant should identify the new material that the author created using the procedure described in Sections 618.6 or 618.7.

 

The applicant should exclude the unclaimable material from the application using the procedure described in Section 621.8 (B).

 

In addition, the application should identify the new material that the applicant intends to register. When completing an online application, the applicant should provide this information on the Limitation of Claim screen in the field marked New Material Included/Other. 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. When completing a paper application, the applicant should provide this information in space 6 (B).

 

The applicant should use the procedure described in Section 618.6 to assert a claim in a compilation, and should use the procedure described in Sections 618.7 and 618.7 (A) to assert a claim in a collective work. To assert a claim in a contribution to a collective work, the applicant should use the procedure described in Section 618.7 (B). To assert a claim in a single issue of a serial publication, the applicant should use the procedure described in Section 618.7 (C).

 

As discussed in Section 621.8 (A), the information that the applicant provides in the Author Created/New Material Included fields or in spaces 2 and 6 (B) should be identical to each other.

 

Examples:

 

• In March 2008 the Structured Credit Fund published a compilation containing thousands of statistics concerning collateralized debit obligations (“CDOs”). Specifically, the fund selected a number of CDOs held by Bear Stearns, Lehman Brothers, and other financial institutions. It coordinated this information based on credit rating, credit risk, and other factors, and it arranged the data based on VaR, BET, and other methodologies. In 2009 the fund published a new compilation. The new compilation contains the same selection of data, but the data have been coordinated and arranged in an entirely different manner.

 

Author Created/Other: Compilation of financial data concerning CDOs.

Material Excluded/Other: Previous version published in March 2008; financial data, namely, selection of CDOs held by Bear Stearns, Lehman Brothers, and other financial institutions.

 

New Material Included/Other: Compilation of financial data concerning CDOs.

 

• Estragon & Co. published an anthology titled House of Cards. It contains thirty articles about the Great Recession that were published in the New York Times, the Wall Street Journal, and the Financial Times. Estragon’s employees selected the articles, organized them by subject matter, and prepared the footnotes for each article. Jonah Sarah wrote the introduction and assigned the copyright in his contribution to Estragon. The publisher submits an application to register the authorship involved in creating the collective work as a whole, and the authorship in Jonah’s introduction. Estragon excludes the articles from the application, because they were previously published and because the publisher does not own the copyright in that material.

 

Title of work being registered: House of Cards.

 

Name of Author: Estragon & Co. (work made for hire box checked “yes”).

Author Created/Other: Compilation of articles.

Name of Author: Jonah Sarah (work made for hire box checked “no”).

Author Created/Other: Introduction.

Name of Claimant: Estragon & Co.

Transfer statement: By written agreement.

Material Excluded: Text.

New Material Included/Other: Introduction, compilation of articles.