Copyright Compendium

Search
Filters
Exact matches only
Search in title
Search in content
Chapter 100
Chapter 200
Chapter 300
Chapter 400
Chapter 500
Chapter 600
Chapter 700
Chapter 800
Chapter 900
Chapter 1000
Chapter 1100
Chapter 1200
Chapter 1300
Chapter 1400
Chapter 1500
Chapter 1600
Chapter 1700
Chapter 1800
Chapter 1900
Chapter 2000
Chapter 2100
Chapter 2200
Chapter 2300
Chapter 2400

712.2 (B) Application Tips for Registering a Single Issue of a Serial Publication

 

712.2 (B) Application Tips for Registering a Single Issue of a Serial Publication

 

An applicant may register a single issue of a serial publication with the online application by selecting the option for “Single Serial Issue.” Alternatively, an applicant may submit a paper application using Form SE. An applicant may also register a serial by selecting the option for “Literary Work” or by submitting a paper application using Form TX. If the claim is approved, the U.S. Copyright Office will issue a certificate of registration beginning with the prefix “TX,” regardless of whether the claim is submitted as a “Literary Work” or a “Single Serial Issue.”

 

Form SE and the application for a “Single Serial Issue” may only be used to register an issue that has been published. These applications may only be used to register a serial that qualifies as a collective work. They also may be used to register an individual article, photograph, or other contribution to a serial publication, but only if the applicant is registering that contribution together with the issue as a whole. If the registration specialist determines that the issue does not satisfy these requirements, he or she will refuse to register the claim.

 

In all cases, the applicant should provide the title that appears on the serial, as well as the volume number, issue number, and date (if any) that appears on the specific issue that will be submitted for registration, as well as the frequency of publication for that serial, such as daily, weekly, monthly, etc. When completing an online application, an applicant may provide this information in the Title field (e.g., Home Cooking, Vol. 2, No. 17, February 2, 2013). When completing a paper application, this information should be provided in space 1. For guidance in completing this portion of the application, see Chapter 600, Section 610.

 

The applicant should identify the copyrightable authorship that the applicant intends to register, and the applicant should assert a claim to copyright in that material. When completing an online application, this information should be provided in the Author Created field. When completing a paper application, this information should be provided in space 2. For guidance on completing Form SE or the online application for a “Single Serial Issue,” see Chapter 600, Sections 618.7 (C) and 618.7 (D). For Form TX or the online application for a “Literary Work,” see Chapter 600, Sections 618.4 (A), 618.4 (B), 618.7 (A), and 618.7 (B) (2).

 

If the applicant intends to register the authorship involved in creating the issue as a whole, the applicant should assert a claim in the “collective work authorship.” If the applicant intends to register the authorship involved in creating the issue as a whole, as well as the individual contributions that appear within that issue, the applicant should assert a claim in the “collective work authorship and component work(s) authored or fully owned by the Collective Work Author.”

 

As mentioned above, an applicant may register an issue together with the articles, photographs, or other contributions contained therein (I) if the claimant owns the copyright in the individual contributions and the issue as a whole, and (ii) if the contributions have not been previously published or previously registered. See Morris v. Business Concepts, Inc., 259 F.3d 65, 71 (2d Cir. 2001), abrogated on other grounds by Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010). In no case may the claimant register a contribution that is in the public domain.

 

If the copyright in the individual contributions and the issue as a whole are owned by different parties, or if the contributions were previously published or previously registered, the applicant generally must submit a separate application for each contribution.

 

If the claimant is not the author of the issue as a whole or is not the author(s) of the individual contributions that appear within that issue, the applicant should provide a transfer statement explaining how the claimant obtained the copyright in the issue as a whole or a particular contribution, as appropriate. For guidance on completing this portion of the application, see Chapter 600, Section 620.9 (A).

 

If the issue contains an appreciable amount of previously published material, previously registered material, public domain material, or material that is not owned by the copyright claimant, the applicant should exclude that material from the claim using the procedure described in Chapter 600, Section 621.8.

 

For guidance concerning the deposit requirements for serials, see Chapter 1500, Section 1509.1 (B).