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Chapter 2400

621.9 (D) (2) Claim Clarified by Information Provided in the Author Created Field or Nature of Authorship Space

621.9 (D) (2) Claim Clarified by Information Provided in the Author Created Field or Nature of Authorship Space


If the applicant fails to complete the New Material Included and/or Material Excluded fields in an online application or fails to complete spaces 6 (A) and/or 6 (B) on a paper application, the application may be accepted if the claim is clearly defined by information provided in the Author Created field or the Nature of Authorship space.


Examples:


• UnderWare LLC submits an online application for a computer program titled Passion for Fashion v. 3.0. UnderWare is named as the sole author of the work and its name appears in the copyright notice. In the Author Created/Other field the applicant asserts a claim in “numerous updates to this version.” Although this information should have been provided in both the Author Created and New Material Included fields, the registration specialist may register the claim, because the application is clearly limited to the updates that the author made to this work.


• Kyle Kessler submits a paper application for a floral pattern naming himself as the author and claimant. In space 6 (A) the applicant disclaims “previous unadorned version of artwork.” In the Nature of Authorship space the applicant asserts a claim in “updated adorned version of artwork.” Although this information also should have been provided in space 6 (B), the registration specialist may register the claim, because it is clearly limited to the “updated adorned version.”


• A paper application is submitted for a work titled 100 Poems by Ingrid Stacy (Second Edition). In the Nature of Authorship space the applicant asserts a claim in “forty new poems.” Although this information should have been provided in both space 2 and space 6 (B), the registration specialist may register the claim, because it is clearly limited to the forty new poems that were published in the second edition.