Literary Works

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C O M P E N D I U M : Chapter 700
Literary Works
Contents
701 	What This Chapter Covers ................................................................................................................................................. 5
702 	The Literary Division ........................................................................................................................................................... 5
703 	What Is a Literary Work? ................................................................................................................................................... 5
704 	Literary Works Distinguished from Works of the Performing Arts ................................................................ 6
705 	Fixation of Literary Works................................................................................................................................................. 7
706 	Copyrightable Authorship in Literary Works............................................................................................................ 7
707 	Uncopyrightable Material .................................................................................................................................................. 7
707.1 	Numbers .................................................................................................................................................................................... 9
707.2 	Research ................................................................................................................................................................................. 10
707.3 	Book Design........................................................................................................................................................................... 10
708 	Joint Works ............................................................................................................................................................................ 11
709 	Derivative Literary Works .............................................................................................................................................. 11
709.1 	Translations .......................................................................................................................................................................... 12
709.2 	Fictionalizations .................................................................................................................................................................. 13
709.3 	Abridgements ....................................................................................................................................................................... 14
709.4 	Editorial Revisions, Annotations, Elaborations, or Other Modifications .................................................... 14
710 	Compilations ......................................................................................................................................................................... 15
711 	Collective Works and Contributions to Collective Works ................................................................................. 17
712 	Serials....................................................................................................................................................................................... 18
712.1 	What Is a Serial? .................................................................................................................................................................. 18
712.2 	Copyrightable Authorship in Serials .......................................................................................................................... 19
712.3 	Application Tips for Registering a Single Issue of a Serial PublicationSerials ......................................... 19
712.4 	International Standard Serial Number (“ISSN”) .................................................................................................... 21
713 	Book Jackets .......................................................................................................................................................................... 21
714 	Games....................................................................................................................................................................................... 22
715 	Genealogies............................................................................................................................................................................ 23
715.1 	What Is a Genealogy? ........................................................................................................................................................ 23
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715.2 	Copyrightable Authorship in Genealogies ............................................................................................................... 23
715.3 	Application Tips for Genealogies ................................................................................................................................. 24
716 	Instructional Texts and Instructional Works ......................................................................................................... 27
717 	Legal Materials ..................................................................................................................................................................... 29
717.1 	Legal Publications............................................................................................................................................................... 30
717.2 	Legal Documents ................................................................................................................................................................. 31
717.3 	Patents, Patent Applications, and Non-Patent Literature ................................................................................. 32
718 	Letters, Email, and Other Written Correspondence ............................................................................................ 32
719 	Interviews .............................................................................................................................................................................. 33
720 	[Reserved] ....................................................................................................................................................................................
721 	Computer Programs .......................................................................................................................................................... 41
721.1 	What Is a Computer Program? ...................................................................................................................................... 41
721.2 	What Is a Derivative Computer Program? ............................................................................................................... 41
721.3 	What Is Source Code? ........................................................................................................................................................ 42
721.4 	What Is Object Code?......................................................................................................................................................... 42
721.5 	Relationship Between Source Code and Object Code ......................................................................................... 42
721.6 	Relationship Between a Computer Program and a Work Created with a Computer or a Computer
Program .................................................................................................................................................................................. 43
721.7 	Copyrightable Authorship in a Computer Program ............................................................................................. 43
721.8 	Copyrightable Authorship in a Derivative Computer Program ...................................................................... 44
721.9 	Application Tips for Computer Programs ................................................................................................................ 48
721.9(A) 	Identifying the Type of Work......................................................................................................................................... 48
721.9(B) 	Title of the Program ........................................................................................................................................................... 48
721.9(C) 	Name of Author / Name of Claimant .......................................................................................................................... 49
721.9(D) 	Year of Completion ............................................................................................................................................................. 49
721.9(E) 	Date of Publication ............................................................................................................................................................. 50
721.9(F) 	Asserting a Claim to Copyright in a Computer Program.................................................................................... 50
721.9(G) 	Limiting the Claim to Copyright in a Computer Program ................................................................................. 51
721.9(H) 	Acceptable Terminology for an Application to Register a Computer Program ....................................... 52
721.9(I) 	Unclear Terminology for an Application to Register a Computer Program .............................................. 53
721.9(J) 	Unacceptable Terminology for an Application to Register a Computer Program .................................. 55
721.10 	Screen Displays .................................................................................................................................................................... 57
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721.10(A) 	Relationship Between Source Code and Screen Displays ................................................................................. 57
721.10(B) 	Copyrightable Authorship in Screen Displays........................................................................................................ 58
721.10(C) 	Deposit Requirements for Screen Displays ............................................................................................................. 58
721.11 	User Manuals and Other Documentation for a Computer Program ............................................................. 58
722 	Apps .......................................................................................................................................................................................... 59
723 	Computer Programs That Generate Typeface, Typefont, or Barcodes ........................................................ 60
724 	Diagrams, Models, Outlines, Pseudocode, and Other Types of Works That Illustrate or Describe a
Computer Program ............................................................................................................................................................ 61
725 	Spreadsheets, Reports, and Other Documents Generated by a Computer Program ............................ 61
726 	Videogames ........................................................................................................................................................................... 64
727 	Databases ............................................................................................................................................................................... 64
727.1 	What Is a Database? ........................................................................................................................................................... 64
727.2 	Copyrightable Authorship in Databases ................................................................................................................... 65
727.3 	Application Tips for Databases ..................................................................................................................................... 65
727.3(A) 	Name of Author / Name of Claimant .......................................................................................................................... 66
727.3(B) 	Year of Completion ............................................................................................................................................................. 66
727.3(C) 	Date of Publication / Nation of Publication / Author’s Citizenship or Domicile ..................................... 66
727.3(D) 	Asserting a Claim to Copyright in a Database......................................................................................................... 67
727.4 	Deposit Requirements ...................................................................................................................................................... 68
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C O M P E N D I U M : Chapter 700
Literary Works
701 	What This Chapter Covers
This Chapter discusses the U.S. Copyright Office’s practices and procedures for the
examination and registration of literary works. For information and instructions on
completing an application to register a literary work (or any other type of work), see the
following Chapters:
• 	For a general overview of the registration process, see Chapter 200.
• 	For a discussion of copyrightable subject matter, see Chapter 300.
• 	For guidance in determining who may file the application and who may be named as
the copyright claimant, see Chapter 400.
• 	For guidance in identifying the work that will be submitted for registration, see
Chapter 500.
• 	For instructions on completing the application, see Chapter 600.
• 	For guidance on the filing fee, see Chapter 1400.
• 	For guidance on submitting the deposit copy(ies), see Chapter 1500.
702 	The Literary Division
The Literary Division (“LIT”) of the U.S. Copyright Office handles applications to register
literary works. The registration specialists in this division specialize in the examination
and registration of these types of works, including serials, databases, and computer
programs.
703 	What Is a Literary Work?
The Copyright Act defines a literary work as “works, other than audiovisual works,
expressed in words, numbers, or other verbal or numerical symbols or indicia,
regardless of the nature of the material objects, such as books, periodicals, manuscripts,
phonorecords, film, tapes, disks, or cards, in which they are embodied.” 17 U.S.C. § 101.
A literary work is a nondramatic work that explains, describes, or narrates a particular
subject, theme, or idea through the use of narrative, descriptive, or explanatory text,
rather than dialog or dramatic action. Generally, nondramatic literary works are
intended to be read; they are not intended to be performed before an audience.
Examples of nondramatic literary works include the following types of works:
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• 	Fiction
• 	Nonfiction
• 	Poetry
• 	Directories
• 	Catalogs
• 	Textbooks
• 	Reference works
• 	Advertising copy
• 	Compilations of information
• 	Computer programs
• 	Databases
See 37 C.F.R. § 202.3(b)(1)(i); H.R. R EP . N O . 94-1476, at 54 (1976), reprinted in 1976
U.S.C.C.A.N. 5659, 5667.
704 	Literary Works Distinguished from Works of the Performing Arts
Textual works that are intended to be performed before an audience and textual works
that are intended to be used in a sound recording, motion picture, or other audiovisual
work are considered works of the performing arts, rather than nondramatic literary
works. For a definition and discussion of works of the performing arts, see Chapter 800.
Examples:
• 	Julia Babcock is the author of a novel titled The Sisters. Cynthia
Cisneros is the author of a Spanish-language play titled Las
Hermanas, which is based on Julia’s novel. Anne Kennedy wrote an
article about the play that was published in a local newspaper.
Julia’s novel and Anne’s article could be registered as nondramatic
literary works, while Cynthia’s play could be registered as a work of
the performing arts.
• 	Leonard Edgemoor is the author of the novel Get Lucky, which was
published by the Mystery Press in a print and ebook edition. The
Mystery Press also published a recording of an actor reciting the text
of the novel. Leonard’s novel could be registered as a nondramatic
literary work, while the recording of the novel could be registered as
either a literary work or a work of the performing arts.
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• 	Mary Bentham was selected as the valedictorian of her graduating
class. In honor of this occasion she recited her original poem at the
graduation ceremony. Mary’s poem could be registered as either a
nondramatic literary work or a work of the performing arts.
705 	Fixation of Literary Works
A literary work may be registered with the U.S. Copyright Office if it has been “fixed in
any tangible medium of expression, now known or later developed, from which [it] can
be perceived, reproduced, or otherwise communicated.” 17 U.S.C. § 102(a). A literary
work is considered “fixed in a tangible medium of expression” when it has been
embodied “in a copy or phonorecord, by or under the authority of the author” that “is
sufficiently permanent or stable to permit [the work] to be perceived, reproduced, or
otherwise communicated for a period of more than a transitory duration.” 17 U.S.C. §
101 (definition of “fixed”).
There are countless ways that a literary work may be fixed in a tangible medium of
expression. Most literary works are fixed by their very nature, such as a poem written
on paper, a short story saved in a computer file, an article printed in a periodical, or a
novel embodied in an audio recording. However, some copies or phonorecords may not
be sufficiently permanent or stable to warrant registration. The registration specialist
may communicate with the applicant or may refuse registration if the work is fixed in a
medium that only exists for a transitory period of time, a medium that is constantly
changing, or a medium that does not allow the specific words, numbers, or other verbal
or numerical symbols or indicia that constitute the literary work to be perceived,
reproduced, or otherwise communicated in a consistent and uniform manner.
706 	Copyrightable Authorship in Literary Works
A literary work may be registered with the U.S. Copyright Office if it contains a certain
minimum amount of literary expression that originated with the author of that work.
When a registration specialist examines a literary work, he or she determines whether
the work contains a sufficient amount of original authorship “expressed in words,
numbers, or other verbal or numerical symbols or indicia.” 17 U.S.C. § 101 (definition of
“literary works”). In making this determination, specialists apply the legal standards set
forth in the Copyright Act, the Office’s regulations, the Compendium, and the relevant
caselaw. However, specialists do not look for any particular style of literary authorship,
and they do not judge the “literary merit or qualitative value” of the work. H.R. R EP . N O .
94-1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N. at 5667; S. R EP . N O . 94-473, at 53
(1975).
For a general discussion of these legal standards, see Chapter 300, Sections 302 through
308.
707 	Uncopyrightable Material
The U.S. Copyright Office is charged with administering the provisions of the Copyright
Act and with issuing regulations for the administration of the copyright system that are
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consistent with the statute. The Office has no authority to register claims to copyright in
works that fall outside the scope of federal statutory protection.
Section 102(a) of the Copyright Act states that copyright protection extends only to
“original works of authorship.” Works that have not been fixed in a tangible medium of
expression, works that have not been created by a human being, and works that are not
eligible for copyright protection in the United States do not satisfy this requirement.
Likewise, the copyright law does not protect works that do not constitute copyrightable
subject matter or works that do not contain a sufficient amount of original authorship,
such as. Examples of works that do not satisfy these requirements include the following:
• 	An idea, procedure, process, system, method of operation, concept, principle, or
discovery.
• 	Facts.
• 	Research.
• 	Typeface or mere variations of typographic ornamentations.
• 	Format and layout.
• 	Book designs.
• 	Works that contain an insufficient amount of authorship.
• 	Names, titles, slogans, or other short phrases.
• 	Numbers.
• 	Works consisting entirely of information that is common property, such as standard
calendars, height and weight charts, schedules of sporting events, and lists or tables
taken from public documents or other common sources.
• 	Measuring and computing devices.
• 	A mere listing of ingredients or contents.
• 	Blank forms.
• 	Scènes à faire.
• 	Familiar symbols and designs.
• 	Mere variations of coloring.
• 	U.S. government works.
• 	Government edicts.
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• 	Works that are in the public domain.
For a discussion of numbers, research, and book designs, see Sections 707.1 through
707.3 below. For a discussion of other types of works that cannot be registered with the
Office, see Chapter 300, Section 313.
707.1 	Numbers
Individual numbers are not copyrightable and cannot be registered with the U.S.
Copyright Office. Likewise, the Office cannot register a claim to copyright in values
expressed in individual numbers, individual letters, or individual words.
Individual numbers are never copyrightable for the same reason that an individual word
cannot be protected by copyright. See Southco, Inc. v. Kanebridge Corp., 390 F.3d 276,
286-87 (3d Cir. 2004) (holding that the regulatory bar against registering “short
phrases” logically extends to short sequences of numbers). An individual number is a
common symbol that is not independently created and does not, in itself, reveal any
creativity. See 37 C.F.R. § 202.1(a); see also Chapter 300, Section 313.4(J). Nor does it fit
within the established categories of copyrightable subject matter set forth in Section
102(a) of the statute. See 17 U.S.C. § 102(a). While the Copyright Act states that literary
works may be expressed in “numbers” or “numerical symbols,” a critical element in the
statutory definition is that there must be a “work” that is expressed in some
combination of “words, numbers, or other verbal or numerical symbols or indicia.” See
17 U.S.C. § 101 (definition of “literary works”). In other words, a work that includes
numbers may constitute a literary work, but it does not follow that a number contained
in the literary work alone contains sufficient expression to constitute a work, or that
such an element alone constitutes copyrightable authorship.
A compilation of numbers may be registered if there is a sufficient amount of creativity
in the author’s selection, coordination, and/or arrangement of data. However, the
registration for a compilation does not create a presumption that the individual
numbers are copyrightable as independent works or as independent authorship.
The authorship involved in selecting, coordinating, and/or arranging the copyrightable
and uncopyrightable elements of a compilation must be perceptible in the deposit
copy(ies). See Chapter 300, Section 312.2. While the process of deriving a particular
number or value may be creative, any such creativity is not perceptible in a number
alone. An individual number in and of itself never comprises sufficient authorship to be
copyrightable. Copyright protects expression, not ideas or processes, and an individual
number itself is not, and does not reveal, any copyrightable expression.
Moreover, the statutory definition of a compilation states that the selection,
coordination, and/or arrangement of preexisting material or data must be done “in such
a way that the resulting work as a whole constitutes an original work of authorship.” 17
U.S.C. § 101; see also Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340,
358 (1991). The process of arriving at individual numbers or values may require
judgment, prediction, valuation, or expertise, but an individual number does not express
any selection, coordination, or arrangement that results in an original work of
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authorship. Mental processes and methods of operations are unfixed and they are
exempt from copyright protection under Section 102(b) of the statute.
707.2 	Research
The U.S. Copyright Office cannot register a claim in research, because it suggests that the
applicant may be asserting a claim in the facts that appear in the work or the effort
involved in collecting that information.
The Supreme Court expressly rejected the “sweat of the brow” or “industrious
collection” doctrines, which made copyright protection a “reward for the hard work”
involved in creating a work. Feist, 499 U.S. at 352, 364. The Court concluded that
“[p]rotection for the fruits of such research…may in certain circumstances be available
under a theory of unfair competition,” but recognized that a claim to copyright “on this
basis alone distorts basic copyright principles.” Id. at 354.
Although research is not copyrightable, the Office may register a work of authorship
that describes, explains, or illustrates factual research, provided that the work contains
a sufficient amount of original authorship. For example, a research paper, a scientific
journal, or a biopic may be registered if the work contains a sufficient amount of literary,
pictorial, graphic, or audiovisual expression. However, the registration does not extend
to the facts, ideas, procedures, processes, systems, methods of operation, concepts,
principles, or discoveries described in the work. “They may not be copyrighted and are
part of the public domain available to every person.” Id. at 348 (quoting Miller v.
Universal City Studios, Inc., 650 F. 2d 1365, 1369 (5th Cir. 1981).
For a further discussion on “research” as an authorship term, see Chapter 600, Section
618.8(A)(9).
707.3 	Book Design
The overall format or layout of a book or other printed publication cannot be registered
with the U.S. Copyright Office, regardless of whether the book is published in print or
electronic form. Book design includes all of the physical or visual attributes of a book or
printed publication, such as the choice of style and size of typeface, leading (i.e., the
space between lines of type), the placement of the folio (i.e., page numbers), the
arrangement of type on the pages, or the placement, spacing, and juxtaposition of
textual and illustrative matter in the work.
The copyright law does not protect these elements because they fall within the realm of
uncopyrightable ideas. Deciding how and where to place content in a book or printed
publication is merely a process or technique, regardless of the number of decisions
involved. The fact that “a work is distinctive, unique or pleasing in appearance, and
embodies certain ideas of contrast or coloring does not necessarily afford a basis for
copyright protection.” Registration of Claims to Copyright: Notice of Termination of
Proposed Rulemaking Regarding Registration of Claims to Copyright in the Graphic
Elements involved in the Design of Books and Other Printed Publications, 46 Fed. Reg.
30,651, 30,652 (June 10, 1981).
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For a further discussion on “design” as an authorship term, see Chapter 600, Section
618.8(A)(1).
708 	Joint Works
A “joint work” is a work “prepared by two or more authors with the intention that their
contributions be merged into inseparable or interdependent parts of a unitary whole.”
17 U.S.C. § 101. A joint work may be registered as a nondramatic literary work if it
contains a sufficient amount of literary expression. Examples of works that may satisfy
this requirement include essays, articles, textbooks, reference works, children’s books,
graphic novels, or any other work that may be jointly prepared by two or more authors.
Ordinarily, each author owns the copyright in the authorship that he or she contributed
to the work. In the case of a joint work, all of the authors jointly own the copyright in
each other’s contributions and each author owns an undivided interest in the copyright
for the work as a whole. See 17 U.S.C. § 201(a).
When asserting a claim in a joint work, the applicant should provide the name of each
author who contributed copyrightable authorship to the work and should provide
specific authorship statements for each author. When completing an online application,
the authorship information should be provided in the Author Created field, and if
applicable, also in the New Material Included field. When completing a paper application
on Form TX, this information should be provided in space 2, and if applicable, also in
space 6(b). For guidance on completing these portions of the application, see Chapter
600, Sections 618 and 621. In addition, the applicant should provide the name of the
claimant who owns the copyright in that material. For guidance on completing this
portion of the application, see Chapter 600, Section 619.
For a general discussion of joint works, see Chapter 500, Section 505.
709 	Derivative Literary Works
A derivative literary work is a work that is based upon one or more preexisting works,
regardless of whether the preexisting work is a literary work, a work of the performing
arts, a sound recording, a pictorial, graphic, or sculptural work, or any other type of
work. Typically, a derivative literary work is a new version of a preexisting work or a
work that contains new material combined with material that has been recast,
transformed, or adapted from a preexisting work. See 17 U.S.C. § 101 (definition of
“derivative work”).
A derivative literary work may be registered with the U.S. Copyright Office if the author
contributed a sufficient amount of new authorship to the work. Making trivial changes
or additions to a preexisting work does not satisfy this requirement. See Alfred Bell & Co.
v. Catalda Fine Arts, Inc., 191 F.2d 99, 103 (2d Cir. 1951). Examples of nondramatic
literary works that may be registered as a derivative work include translations,
fictionalizations, abridgements, editorial revisions, and a wide range of other works
such as:
• 	A short story based on a preexisting poem.
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• 	A children’s book featuring copyrightable characters from a preexisting children’s
book.
• 	The third edition of a previously published textbook.
• 	The fourth version of a previously published computer program.
• 	New content that has been added to a preexisting website.
• 	A computer program that has been translated from C++ into the C# programming
language.
When asserting a claim in a derivative literary work, the applicant should provide the
name of each author who created the new material that the applicant intends to register,
and the applicant should provide the name of the claimant who owns the copyright in
that new material. The Literary Division may accept a claim in “text” if the new material
contains a sufficient amount of textual expression, or a claim in “artwork” and/or
“photograph(s)” if the new material contains a sufficient amount of pictorial or graphic
expression. The Literary Division may accept a claim in “revised computer program” if
the new material contains sufficient statements or instructions to be used directly or
indirectly in a computer in order to bring about a certain result. When completing an
online application this information should be provided in the Author Created field and
the New Material Included field; when completing a paper application on Form TX this
information should be provided in spaces 2 and 6(b). For guidance on completing these
portions of the application, see Chapter 600, Sections 618.4 and 621.8.
For a discussion of translations, fictionalizations, abridgements, and editorial revisions,
see Sections 709.1 through 709.4 below. For a discussion of derivative computer
programs, see Sections 721.2 and 721.8 below. For a general discussion of the legal
standard for determining whether a derivative work contains a sufficient amount of
original expression to warrant registration, see Chapter 300, Section 311.2.
709.1 	Translations
A translation is a rendering of a nondramatic literary work from one language into
another, such as a work that has been translated from English into Spanish, from
German into English, or from Hindi into Malayalam.
Translations are among the nine categories of works that can be specially ordered or
commissioned as a work made for hire, provided that the parties expressly agree in a
signed written instrument that the translation shall be considered a work made for hire.
See 17 U.S.C. § 101 (definition of “work made for hire,” Section 2). For a detailed
discussion of works made for hire, see Chapter 500, Section 506.
A translation may be registered if it contains a sufficient amount of original expression.
A translation that is performed by a computer program that automatically converts text
from one language into another without human intervention cannot be registered
because the conversion is merely a mechanical act. For the same reason, a
transliteration or other process whereby the letters or sounds from one alphabet are
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converted into a different alphabet cannot be registered. See Signo Trading
International, Ltd. v. Gordon, 535 F. Supp. 362, 364 (N.D. Cal. 1981) (holding that a list of
words translated from English into Arabic and then transliterated from Arabic into
Roman letters “simply does not embody sufficient originality to be copyrightable”).
Examples:
• 	A Portuguese translation of a Spanish language newspaper could be
registered as a derivative work.
• 	A Tagalog translation of The King James Bible could be registered as
a derivative work, even though The King James Bible is in the public
domain.
When submitting an application to register this type of work, the claim should be limited
to the text of the translation, the applicant should provide the name of the author who
translated the preexisting work from one language into another, and the applicant
should provide the name of the claimant who owns the copyright in the translated text.
Applicants should use the term “translation” to describe this type of authorship, rather
than “text” or “editing.” When completing an online application, this information should
be provided in the Author Created/Other field and the New Material Included/Other
field. When completing a paper application, this information should be provided in
spaces 2 and 6(b) of Form TX. For guidance on completing these portions of the
application, see Chapter 600, Sections 618.4 and 621.8.
709.2 	Fictionalizations
A fictionalization is a work of fiction that recasts, transforms, or adapts the facts or
factual events that are described in one or more preexisting works. A work of fiction
that is only loosely based on the facts or events described in a preexisting work typically
would be considered a work of fiction, rather than a fictionalization.
Examples:
• 	A children’s book about the life and times of Kit Carson would be
considered a fictionalization.
• 	A short story based on Stokely Carmichael’s experiences during the
Freedom Rides would be considered a fictionalization.
• 	A romance novel set during the Civil War featuring original
characters, situations, and dialog with occasional references to
historical persons or events would be considered a work of fiction
rather than a fictionalization.
When submitting an application to register this type of work, the claim should be limited
to the text of the fictionalization, the applicant should provide the name of the author of
that text, and the applicant should provide the name of the claimant who owns the
copyright in that text. Applicants should use the term “text” or “fictionalization” to
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describe this type of authorship, rather than “editing.” When completing an online
application, this information should be provided in the Author Created/Other field.
When completing a paper application on Form TX, this information should be provided
in space 2. For guidance on completing these portions of the application, see Chapter
600, Section 618.4.
If the fictionalization is based on or incorporates a preexisting work, such as a biography
or other work of authorship, the applicant should exclude that preexisting work from
the claim using the procedure described in Section 621.8. By contrast, if the
fictionalization is based solely on historical facts, persons, or events, or other
uncopyrightable material, there is generally no need to complete this portion of the
application.
709.3 	Abridgements
An abridgment is a shortened or condensed version of a preexisting work that retains
the general sense and unity of the preexisting work. An abridgment of a nondramatic
literary work may be registered if the author contributed a sufficient amount of creative
authorship in the form of edits, revisions, or other modifications to the preexisting work,
and if the work as a whole is sufficiently creative in adapting the preexisting work such
that it constitutes an original work of authorship. See 17 U.S.C. § 101 (definition of
“derivative work”). Trivial changes do not satisfy this requirement, such as merely
omitting a section from the beginning or end of a preexisting work.
Examples:
• 	An audiobook version of Leo Tolstoy’s Anna Karenina that has been
abridged and condensed in order to fit into an eight–hour recording
could be registered as a derivative work.
• 	A book that contains abridged and condensed editions of four
novels by Joseph Conrad could be registered as a derivative work.
When submitting an application to register an abridgement, the claim should be limited
to the condensed text that appears in the work, the applicant should provide the name
of the author who condensed the preexisting work, and the applicant should provide the
name of the claimant who owns the copyright in the condensed text. Applicants should
use the term “abridged text” or the like to describe this type of authorship, rather than
“text,” “edits,” or “editing.” When completing an online application, this information
should be provided in the Author Created/Other field and the New Material
Included/Other field. When completing a paper application on Form TX, this
information should be provided in spaces 2 and 6(b). For guidance on completing these
portions of the application, see Chapter 600, Sections 618.4 and 621.8.
709.4 	Editorial Revisions, Annotations, Elaborations, or Other Modifications
Editorial revisions, annotations, elaborations, or other modifications to a preexisting
work or the addenda or errata sheets for a published work may be registered as a
derivative literary work if the author contributed a sufficient amount of new material to
the work, and if the derivative work as a whole sufficiently modifies or transforms the
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preexisting work such that it constitutes an original work of authorship. See 17 U.S.C. §
101 (definition of “derivative work”). Specifically, the author must contribute new text
or revised text to the preexisting work, and the text must possess a sufficient amount of
written expression. Merely correcting errors in spelling, punctuation, grammar, or
making other minor changes, revisions, or other modifications to a preexisting work do
not satisfy this requirement.
Examples:
• 	The Lifetime Consulting Group published a training manual for
pension benefit administrators. The following year the company
revised the manual to account for recent changes in the tax code
and added new chapters on individual retirement accounts and the
estate tax. The revised text and the additional text may be
registered as a derivative work if they contain a sufficient amount of
new and revised material.
• 	Agatha Thornton is the author of the novel Bangers and Mash, which
was published in the United Kingdom. Before the work was
published in the United States, Agatha revised certain passages that
were likely to confuse an American reader. The revisions to the
British edition may be registered as a derivative work if they
contain a sufficient amount of new and revised material.
• 	Herman Melville is the author of the novel Moby-Dick. Professor
Whalen wrote a brief introduction that analyzes the plot, setting,
characters, and theme of the novel. Professor Cetacean prepared
footnotes, endnotes, and other marginalia that explain the meaning
of certain words and phrases that appear in the novel. All of these
works were published together in a single volume and the copyright
is owned by the Leviathan Press. The introduction, footnotes, and
other annotations may be registered as a derivative work, because
they clearly contain a sufficient amount of new authorship.
When submitting an application to register this type of work, the claim should be limited
to the new text or revised text that the author contributed to the work, the applicant
should provide the name of the author who created the new material, and the applicant
should provide the name of the claimant who owns the copyright in that new material.
Applicants should use the terms “new text” and/or “revised text” to describe this type of
authorship, rather than “text” or “editing.” When completing an online application, this
information should be provided in the Author Created/Other field and the New Material
Included/Other field. When completing a paper application on Form TX, this
information should be provided in spaces 2 and 6(b). For guidance on completing these
portions of the application, see Chapter 600, Sections 618.4 and 621.8.
710 	Compilations
The Copyright Act defines a “compilation” as “a work formed by the collection and
assembling of preexisting materials or of data that are selected, coordinated, or
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arranged in such a way that the resulting work as a whole constitutes an original work
of authorship.” 17 U.S.C. § 101.
Compilations are among the nine categories of works that can be specially ordered or
commissioned as a work made for hire, provided that the parties expressly agree in a
signed written instrument that the compilation shall be considered a work made for
hire. See 17 U.S.C. § 101 (definition of “work made for hire,” Section 2). For a detailed
discussion of works made for hire, see Chapter 500, Section 506.
Typically, the author of a compilation selects the preexisting material or data that will be
included in the compilation, the author classifies, categorizes, or groups these elements
into particular sequences, and the author decides how these elements should be
arranged within the compilation as a whole. A compilation may be registered if the
author’s selection, coordination, and/or arrangement of preexisting material or data
was independently created, and if the selection, coordination, and/or arrangement
contains a sufficient amount of creativity. A registration for a compilation may cover the
author’s original selection, coordination, and/or arrangement, but it does not cover any
preexisting material or data that is included in the compilation. See 17 U.S.C. § 103(b)
(“Copyright in a compilation . . . does not imply any exclusive right in the preexisting
material”).
In addition, the compilation as a whole must fall within one or more of the categories
listed in Section 102(a) of the Copyright Act. See H.R. R EP . N O . 94-1476, at 57 (1976)
reprinted in 1976 U.S.C.C.A.N. at 5670; S. R EP . N O . 94-473, at 54-55 (1975). In other
words, a compilation may be registered if the selection, coordination, and/or
arrangement as a whole would be considered a literary work, a musical work, or any
other type of work listed in 17 U.S.C. § 102(a). If the author’s selection, coordination,
and/or arrangement does not fall within one or more of the congressionally established
categories of authorship, the registration specialist may communicate with the applicant
or may refuse registration. See Registration of Claims to Copyright, 77 Fed. Reg. 37,605,
37,606 (June 22, 2012).
Examples of nondramatic literary works that may be registered as a compilation include
the following:
• 	Yellow pages directories, street directories, criss-cross directories, membership
lists, price lists, catalogs, financial reports, financial ratings, and the like may be
registered as a compilation, provided that the author contributed a sufficient
amount of selection, coordination, and/or arrangement authorship to the work.
• 	Charts, tables, graphs, figures, diagrams, and the like may be registered as a
compilation, provided that there is a sufficient amount of original authorship in the
selection, coordination, and/or arrangement of data or other textual or numerical
elements.
• 	A populated database that presents data in an organizational framework for
recording information may be registered as a compilation, provided that there is a
sufficient amount of original authorship in the selection, coordination, and/or
arrangement of data. If the author subsequently updates the database by inserting
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new data into the original framework, it may be possible to register the updates as a
derivative work, provided that the updates contain a sufficient amount of new data
and provided that the author contributed a substantial amount of new copyrightable
authorship in the selection, coordination, and/or arrangement of new data that
appears in each update.
When asserting a claim in a compilation, the applicant should provide the name of each
author who created the selection, coordination, and/or arrangement that the applicant
intends to register, and the applicant should assert a claim to copyright in that material
using the procedures described in Chapter 600, Sections 618.7, 618.6, and 621.8(D).
For a general discussion of the legal standard for determining whether a compilation
contains a sufficient amount of original expression to warrant registration, see Chapter
300, Section 312.2.
711 	Collective Works and Contributions to Collective Works
The Copyright Act defines a “collective work” as a work “in which a number of
contributions, constituting separate and independent works in themselves, are
assembled into a collective whole.” 17 U.S.C. § 101. A contribution to a collective work is
a separate and independent work that has been included within a collective work.
Since collective works are a subset of compilations. Consequently, the author, they must
select, coordinate, and/or arrange the component works in such a way that the resulting
work as a whole constitutes an original work of authorship. See 17 U.S.C. § 101
(definition of “compilation” stating that “[t]he“The term ‘compilation’ includes collective
works.”).
Both collective works and contributions to collective works are among the nine
categories of works that can be specially ordered or commissioned as a work made for
hire, provided that the parties expressly agree in a signed written instrument that the
work shall be considered a work made for hire. Compare 17 U.S.C. § 101 (definition of
“compilation”) (“The term ‘compilation’ includes collective works.”), with id. (definition
of “work made for hire”) (“a ‘work made for hire’ is…a work specially ordered or
commissioned for use as a contribution to a collective work [or]…as a compilation...”).
For a detailed discussion of works made for hire, see Chapter 500, Section 506.
Collective works and contributions to collective works may be registered as
nondramatic literary works, provided that they contain a sufficient amount of literary
expression. Examples of collective works that may satisfy this requirement include a
periodical issue, an anthology, an encyclopedia, or any other work that contains a
number of separate and independent works that have been assembled into a collective
whole. See 17 U.S.C. § 101 (definition of “collective work”). Examples of a contribution to
a collective work that may satisfy this requirement include an article that has been
included within a periodical issue, an essay that has been included within an anthology,
or an entrya chapter that has been included within an online encyclopediaa textbook.
Collective works typically contain two different types of authorship:
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• 	The authorship in the collective work as a whole, which may involve selecting,
coordinating, and/or arranging a number of separate and independent works and
assembling them into athe various contributions to the collective work, and/or
editing, annotating, and/or revising the contributions or the collective work as a
whole.
• 	The authorship in the separate and independent works that have been included in
the collective work, which may contain literary expression and/or artistic
expression.
An applicant may register a collective work together with the separate and independent
works contained therein (i) if the collective work and the contributions were created by
the same author and/or if the copyright in the contributions and the collective work and
the contributions are owned by the copyright claimantsame claimant, and (ii) if the
component works have not been previously published or registered. In no case may the
claimant register a contribution that is in the public domain. If the copyright in the
collective work and the contributions to the collective work are owned by different
parties, separate applications for each work will be required. based on the difference in
ownership. For additional information concerning collective works, see Chapter 500,
Section 509.
When asserting a claim in a collective work and/or a contribution to a collective work,
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 using the
procedures described in Chapter 600, Sections 618.7 and 621.8(E).
For guidance on the deposit requirements for a contribution to a collective work, see
Chapter 1500, Section 1505.5.
712 	Serials
This Section discusses the U.S. Copyright Office’s practices and procedures for
registering a single issue of a serial publication, such as single issue of a magazine or a
single volume of a journal.
NOTE: The Office has established a procedure that allows copyright owners to register a
group of serials, a group of newspapers, or a group of newsletters with one application
and one filing fee. The requirements for these group registration options are discussed
in Chapter 1100, Sections 1109 through 1111.
712.1 	What Is a Serial?
A serial is a work that is issued or intended to be issued in successive parts bearing
numerical or chronological designations that are intended to be continued indefinitely.
Examples include periodicals, newspapers, magazines, newsletters, journals, bulletins,
annuals, the proceedings of societies, and other similar works. 37 C.F.R. §
202.3(b)(1)(v). Examples of works that do not fall within this category include episodes
of a television series, a series of online videos, a collection of musical works, a group of
manuscripts, an assortment of poetry, or a set of advertising copies.
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712.2 	Copyrightable Authorship in Serials
Most Serials are considered collective works, because they typically contain “a number
of contributions, constituting separate and independent works in themselves, [that] are
assembled into a collective whole.” 17 U.S.C. § 101 (definition of “collective work”). As
such, theyserials typically contain two different types of authorship:
• 	The authorship in the compilation, which may involve selecting, coordinating,
and/or arranging a number of separate and independent works withinthe various
contributions to the serial as a whole, and/or editing, annotating, and/or revising
the contributions or the serial as a whole.
• 	The authorship in the separate and independent works that have been included
withinin the serial, which may contain literary expression and/or artistic
expression.
As with any other type of collective work, an applicant may register a serial together
with the separate and independent works contained therein, (i) if the claimant
ownsserial and the contributions were created by the same author and/or if the
copyright in the serial and the contributions, and (ii) if those contributions are owned
by the copyright claimant have not been previously published or registered. In no case
may the claimant register a contribution that is in the public domain..
A registration for a single issue of a serial publication covers the particular issue that
has been submitted for registration, as well as any contributions that may be included
within the claim. The U.S. Copyright Office does not offer “blanket registrations” that
cover future issues or future contributions to that publication.
712.3 	Application Tips for Registering a Single Issue of a Serial PublicationSerials
An applicant may register a single issue of a serial publication with thean online
application by selecting the option for “Single Serial Issue.”” in the electronic
registration system. In the alternative, an applicant may submit a paper application
using Form SE.
NOTE: These applications may be used to register an issue that has been published, but
they may not be used to register an issue that has not been published yet. Likewise, they
may not be used to register an individual article, photograph, or other contribution to a
serial publication (unless the applicant is registering that contribution together with the
issue as a whole).
When completing thean application, the applicant should provide the title that appears
on the serial, as well as the volume number, issue number, and date that appears on the
specific issue that will beis submitted for registration, as well as the frequency of
publication for that serial (e.g., 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 Form SE, this information
should be provided in space 1. For guidance in completing this portionthese portions of
the application, see Chapter 600, Section 610.
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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 of Form SE. For guidance on completing these portions of the application, see
Chapter 600, Sections 618.7(C4(B) and 618.7(DC).
If the applicant only intends to register the authorship involved in creating the
issueserial as a whole, the applicant should assert a claim in the “compilation.” 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 may
assert a claim in both the “compilation” and the “contributions to a collective work.”
Alternatively, the applicant may assert a claim in both the “compilation” and the specific
form of authorship that appears in each contribution, such as “text,” “photographs,” or
“artwork.”
An applicant may register an issuea serial together with the articles, photographs, or
other contributionscomponent works contained therein (i) if the claimant owns the
serial and the component works were created by the same author, and/or (ii) if the
copyright in the component works and the serial as a whole are owned by the copyright
claimant. If the copyright in the serial and the component works are owned by different
parties, separate applications for each work will be required based on the difference in
ownership.
A registration for a serial will cover both the collective work individual contributions
and as well as the component works contained therein if the issue as a whole, and (ii) if
the contributions have not been previously published or previously registeredserial and
the component works were created by the same author and if the copyright in those
works are owned by the copyright claimant. See Morris v. Business Concepts, Inc., 259
F.3d 65, 71 (2d Cir. 2001), abrogated on other grounds by Reed v. Elsevier, Inc. v.
Muchnick, 559 U.S. 154 (2010). In this situation, there is no caseneed to identify the
component works in the application, although the applicant may the claimant register a
do so by checking the box marked “contribution to a collective work (e.g. an article)” in
the Author Created field or by providing a similar statement in the Nature of
Authorshipthat is in the public domain space.
If the copyright in the individual contributionsserial and the issue as a whole are
ownedcomponent works were created by different parties, or if the contributions were
previously published or previously registered, the applicant generally must submit a
separate application for each contribution.
Ifauthors, but the claimant is notin the serial owns all rights in the component works,
the applicant should identify the author of the issue as a whole or is not the author(s) of
the individual contributions that appeareach component included within that issuethe
claim. The applicant may assert a claim in each component by checking the box marked
“contribution to a collective work (e.g. an article)” in the Author Created field or by
providing a similar statement in the Nature of Authorship space. In the alternative, the
applicant may describe the specific form of authorship that appears in each component,
such as “text,” “photographs,” or “artwork.” In all cases, the applicant should provide a
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transfer statement explaining how the claimant obtained the copyright in the issue as a
whole or a particular contribution, as appropriate.each component. For guidance on
completing this portion of the application, see Chapter 600, Section 620.9(A).
If the issueserial contains an appreciablea substantial 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(K).
712.4 	International Standard Serial Number (“ISSN”)
If an International Standard Serial Number (“ISSN”) has been assigned to the serial, the
applicant is strongly encouraged to include that information in the online application.
For guidance on completing this portion of the application, see Chapter 600, Section
612.6(C). When completing Form SE, the applicant may include the ISSN number in the
space marked Previous or Alternative Titles.
If the applicant provides an ISSN, the number will appear on the certificate of
registration and the online public record. Providing this information is useful, because
an ISSN may be used to search and retrieve the registration records for a particular
serial. However, providing an ISSN is optional and an application will be accepted even if
this portion of the application is left blank.
The U.S. Copyright Office does not assign ISSNs. For information concerning the
procedure for obtaining an ISSN, applicants should write to the Serials Record Division
of the Library of Congress at the following address:
Library of Congress
ISSN Publisher Liaison Section
101 Independence Avenue SE
Washington, DC 20540-4284
Additional information, including the ISSN application form, is available on the ISSN
Publisher Liaison Section’s webpage at www.loc.gov/issn/.
713 	Book Jackets
Book jackets often contain several types of authorship that is separate from the book
itself, such as text, illustrations, and photographs. If text is the predominant form of
authorship in the jacket, the work may be registered as a nondramatic literary work. If
the predominant form of authorship consists of artwork, illustrations, or photographs,
the jacket may be registered as a work of the visual arts. See 37 C.F.R. § 202.3(b)(1)(i), (iii).
When asserting a claim in a book jacket, the applicant should clearly indicate that the
claim extends to the copyrightable material that appears on the jacket. Specifically, the
claim should be limited to the text, artwork, and/or photographs that appear on the
jacket, the applicant should provide the name of the author who created that material,
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and the applicant should provide the name of the claimant who owns the copyright in
that material. The Literary Division may accept a claim in “text” if the jacket contains a
sufficient amount of written expression, or a claim in “artwork” and/or “photograph(s)”
if the jacket contains a sufficient amount of pictorial or graphic expression. When
completing an online application, this information should be provided in the Author
Created field, and if applicable, also in the New Material Included field. When completing
a paper application on Form TX, this information should be provided in space 2, and if
applicable, also in space 6(b). For guidance on completing these portions of the
application, see Chapter 600, Sections 618.4 and 621.8.
If the claim in the book jacket is based solely on the title of the work, the will refuse to
register the claim. If the claim is based solely on or the arrangement, spacing,
juxtaposition, and layout of copyrightable or uncopyrightable elements, the registration
specialist may communicate with the applicant or may refuse to register the claim if the
jacket merely contains a standard arrangement that is not sufficiently creative to
support a compilation claim. See 37 C.F.R. § 202.1(a); Section 707.3; Chapter 300,
Section 313.3(E).
A book and a book jacket may be registeredsubmitted for registration with the same
application if the works can be physically separated from each other, and if the
copyright in both workselements is owned by the same claimant. For more information
concerning this option, see Chapter 1100, § 1107.
In the alternative, the applicant may submit separate applications for the book and the
jacket. If the applicant submits a separate application for a jacket that has been
published, the Office will retain the jacket “for the longest period considered practicable
and desirable by the Register of Copyrights and the Librarian of Congress.” 17 U.S.C. §
704(d). If the applicant submits an application to register a book that has been
published but does not assert a separate claim in the jacket, the Library of Congress may
add the book to its collection, but the jacket will be discarded. For a discussion of the
deposit requirements for book jackets, see Chapter 1500, Section 1509.1(A).
714 	Games
A game may be registered as a literary work if the predominant form of authorship in
the work consists of text. Examples of works that may satisfy this requirement include
word games, card games, party games, riddles, brain teasers, and similar diversions,
including the instructions or directions for playing a particular game. A game may be
registered as a work of the visual arts if the predominant form of authorship consists of
pictorial or sculptural authorship. Examples of works that may satisfy this requirement
include board games, playing cards, playing pieces, and the like. See 37 C.F.R. §§
202.3(b)(1)(i), (iii).
When submitting an application to register a game, the claim should be limited to the
text, artwork, and/or photographs that appear in the work (as applicable), the applicant
should provide the name of the author who created that material, and the applicant
should provide the name of the claimant who owns the copyright in that material. The
Literary Division may accept a claim in “text” if the game contains a sufficient amount of
written expression, or a claim in “artwork” and/or “photograph(s)” if the work contains
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a sufficient amount of pictorial or graphic expression. When completing an online
application, this information should be provided in the Author Created field, and if
applicable, also in the New Material Included field. When completing a paper application
on Form TX, this information should be provided in space 2, and if applicable, also in
space 6(b). For guidance on completing these portions of the application, see Chapter
600, Sections 618.4 and 621.8.
A registration for a game covers all of the copyrightable elements that appear in the
work, regardless of whether the game has been registered as a literary work or a work
of the visual arts. However, copyright does not protect the idea for a game, the name or
title of a game, or the procedure, process, or method of operation for playing a game.
Nor does copyright protect any idea, system, method, or device involved in developing
or marketing a game. Once a game has been made available to the public, the copyright
law cannot be used to prevent others from developing another game based on similar
principles. Copyright protects only the particular expression that appears in the literary
or artistic elements that the work may contain. See 17 U.S.C. § 102(b); 37 C.F.R. § 202.1.
If the game consists of separately fixed elements and works that were physically
bundled together by the claimant for distribution to the public as a single, integrated
unit, it may be possible to register them with one application and one filing fee if all the
works were first published in that integrated unit and if the claimant owns the copyright
in those works. For information concerning the unit of publication option, see Chapter
1100, Section 1107.
For a discussion of the practices and procedures for registering videogames, see Chapter
800, Section 807.7(A). For a discussion of the practices and procedures for registering
board games, see Chapter 900, Section 910.
715 	Genealogies
715.1 	What Is a Genealogy?
A genealogy is a work that contains information about the history of a particular family.
These types of works typically contain a substantial amount of factual information, such
as the names of family members, dates of birth, marriage, death, and other significant
events, as well as family trees illustrating the relationships between family members.
Frequently, this information is obtained from various sources, such as letters, diaries,
scrapbooks, photo albums, birth certificates, marriage licenses, church records, census
records, wills and probate records, gravestones, and the like. Much of this material may
be in the public domain, it may be previously published, it may be previously registered
with the U.S. Copyright Office, or it may be separately owned by another copyright
owner.
715.2 	Copyrightable Authorship in Genealogies
Although facts are not copyrightable, a genealogy may be registered as a literary work if
it contains a sufficient amount of writtenliterary expression. The application should be
limited to the text, artwork, and/or photographs that the author contributed to the work
(as applicable), the applicant should provide the name of the author who created that
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material, and the applicant should provide the name of the claimant who owns the
copyright in that material. The Literary Division may accept a claim in “text” if the work
contains a sufficient amount of written expression, and may accept a claim in “artwork”
and/or “photograph(s)” if the work contains a sufficient amount of pictorial or graphic
expression. Likewise, the Literary Division may accept a claim in “compilation” if the
author exercised a sufficient amount of creativity in selecting, coordinating, and/or
arranging the information that appears in the genealogy.
715.3 	Application Tips for Genealogies
Submitting an online application is the preferred way to register a genealogy. When
completing the application, the applicant should provide the name of the author who
created the genealogy on the Author screen. In the field marked Author Created, the
applicant should check one or more of the boxes that accurately describe the material
that the author created.
Examples:
• 	The applicant should check the box marked “text” if the author
wrote the captions, footnotes, comments, biographies, or other
textual expression that appears in the genealogy.
• 	If the author created any of the artwork or took any of the
photographs that appear in the genealogy, the applicant should
check the boxes marked “artwork” or “photograph(s),” as
applicable.
• 	If the author selected, coordinated, and/or arrangedcompiled the
names, dates, records, photographs, or other material that appears
in the genealogy, the applicant should check the box marked
“compilation.” In the field marked Other, the applicant should
provide a brief statement tospecifying whether the author selected,
coordinated, and/or arranged that effect in the field marked
Othermaterial. For example, the Literary Division will accept a brief
statement, such as: “selection, coordination, and arrangement of
family photographs, newspaper clippings, census records, and other
source material,” “selection and arrangement of information
obtained from family records, court records, church records, and
gravestones,” “selection of family photos, coordination of family
names and relationships, and arrangement of facts and historical
information,” or the like.
For additional guidance on completing this portion of the application, see Chapter 600,
Section 618.4.
In addition, the applicant should providecheck the exact same informationboxes that
appear on the Limitation of Claim screen in the field marked New Material Included. In
other words, if the applicant checked the box for “text” in the Author Created field, the
applicant also should check the box for “text” on the Limitation of Claim screen in the
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New Material Included field. Likewise, if the applicant checked the box for “compilation”
in the Author Created field and stated “selection and arrangement of church records” on
the Author Created screen in the field marked Other field, the applicant should check the
box for “compilation” in the New Material Included field and state “selection and
arrangement of church records” on the Limitation of Claim screen in the field markedin
the Other field. For additional guidance on completing these portions of the application,
see Chapter 600, Section 621.8.
A registration for a genealogy does not cover any of the factual information that may be
included in the work. Nor does it cover material that is in the public domain, material
that has been previously published, material that has been previously registered, or
material that is owned by another person or legal entity. If the genealogy contains this
type of material the applicant should exclude it from the application by checking the
appropriate boxes that appear on the Limitation of Claim screen in the field marked
Material Excluded.
Examples:
• 	The applicant should check the box marked “text” if the genealogy
contains an appreciablea substantial amount of text that is in the
public domain, text that has been previously published, text that has
been previously registered, or text owned by a third party.
• 	The applicant should check the box marked “photograph(s),” if the
genealogy contains an appreciablea substantial number of photos
that are in the public domain, photos that have been previously
published, photos that have been previously registered, or photos
owned by a third party.
• 	The applicant should check the box marked “artwork” if the
genealogy contains an appreciablea substantial amount of artwork
that is in the public domain, artwork that has been previously
published, artwork that has been previously registered, or artwork
owned by a third party.
If the genealogy contains an appreciablea substantial amount of material that has been
registered with the U.S. Copyright Office, the applicant should provide the registration
number and the year that the registration was issued in the field marked Previous
Registration. For additional guidance on completing this portion of the application, see
Chapter 600, Sections 621.8(F).
If the genealogy appears to contain an appreciablea substantial amount of public
domain material, previously published material, previously registered material, or
material that is owned by another party, and if the applicant failed tocompleted the
Author Created field but did not exclude thatthe unclaimable material from the claim,
the registration specialist may add an annotation to the registration record, such as
“Regarding authorshipauthor information and limitation of claim: registration does not
extend to previously registered, previously published, public domain, or separately
owned material, or to facts.”
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If it is unclear whether the author contributed text, artwork, photographs, or
compilation authorship to the genealogy, the registration specialist will communicate
with the applicant. If the genealogy does not contain a sufficient amount of original
authorship to warrant registration, the specialist may refuse to register the claim.
Examples:
• 	Jane Springer created a genealogy titled The Springers of Springfield,
Massachusetts. She gathered information from local courthouses,
churches, cemeteries, and other sources; she assembled this
information into a book; and wrote a brief introduction for the
work. Jane may register the introduction by checking the box for
“text” in the Author Created and New Material Included fields. She
may register the compilation of information by checking the box
marked “compilation” in the Author Created and New Material
Included fields and by stating “selection and arrangement of family
records” on the Author Created and Limitation of Claim screens in
the in the fields marked Other.
• 	Jennifer Smith submits an application to register a genealogy titled
The Smith Family of Hamilton County, Virginia. Jennifer wrote the
introduction for this work, the captions for each photograph, and a
short biography for each member of the family. The genealogy also
contains text and photographs created by other family members.
OnIn the Author Created screenfield Jennifer checks the boxes for
“text” and “compilation” and in the Other field she states “selection,
coordination, and arrangement of family records” in the field
marked Other..” Jennifer should have provided this exact same
information on the Limitation of Claim screen in the New Material
Included field. In addition, she should have checked the boxes for
“text” and “photograph(s)” in the Material Excluded field because
the genealogy contains text or photos created and owned by other
parties. The registration specialist will register the claim with an
annotation, such as: “Regarding authorshipauthor information and
limitation of claim: registration does not extend to previously
registered, previously published, public domain, or separately
owned material, or to facts.”
• 	Thomas Henry submits an application to register a genealogy titled
The Henrys in Spokane County. OnIn the Author Created screenfield
he checks the boxboxes for “text” and states “compilation of public
records” in the field marked Other..” In the Note to Copyright Office
field, Thomas explains that he wrote the introduction for this work
and he prepared a list of all the members of the Henry family who
were born in Spokane County. The names are listed in chronological
order based on the individual’s date of birth. The registration
specialist will communicate with the applicant. Although the
introduction may be registered as “text,” the Office cannot register
the claim in “compilation,” because preparing a list of all of the
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family members from a particular county and organizing the names
in chronological order does not contain a sufficient amount of
compilation authorship to warrant registration.
716 	Instructional Texts and Instructional Works
Textbooks and other instructional texts may be registered if the work contains a
sufficient amount of original authorship. The statute defines an “instructional text” as “a
literary, pictorial, or graphic work prepared for publication and with the purpose of use
in systematic instructional activities.” See 17 U.S.C. § 101 (definition of “work made for
hire”). As the legislative history explains, this category includes “textbook material,”
regardless of whether the work is published “in book form or prepared in the form of
text matter.” H.R. R EP . N O . 94-1476, at 121 (1976) reprinted in 1976 U.S.C.C.A.N. at 5737;
S. R EP . N O . 94-473, at 105 (1975). The “basic characteristic” of an instructional text is
that the work must be prepared for “use in systematic instructional activities,” rather
than a work “prepared for use by a general readership.” H.R. R EP . N O . 94-1476, at 121
(1976) reprinted in 1976 U.S.C.C.A.N. at 5737; S. R EP . N O . 94-473, at 105 (1975).
Instructional texts are among the nine categories of works that can be specially ordered
or commissioned as a work made for hire, provided that the parties expressly agree in a
signed written instrument that the work shall be considered a work made for hire. For a
discussion of works made for hire, see Chapter 500, Section 506.
Other types of instructional works may be registered with the U.S. Copyright Office,
provided that the work, taken as a whole, contains a sufficient amount of original
authorship. Examples of works that may satisfy this requirement include cookbooks,
instructions for knitting, crocheting, or needlework, instructions for operating a
machine, appliance, or other device, and similar types of works.
If text is the predominant form of authorship, an instructional text or other instructional
work may be registered as a nondramatic literary work. If the predominant form of
authorship consists of artwork, illustrations, or photographs, the work may be
registered as a work of the visual arts. See 37 C.F.R. § 202.3(b)(1)(i), (iii). For
information concerning the registration requirements for stencils, patterns, and how-to
books, see Chapter 900, Section 920.
The Literary Division may register an instructional work that explains how to perform a
particular activity, provided that the work contains a sufficient amount of text,
photographs, artwork, or other copyrightable expression. Likewise, the Literary Division
may register an instructional work that illustrates or describes the end result for a
particular activity or technique, such as a drawing of a crochet pattern or a photograph
of a product that has been fully assembled.
When asserting a claim in an instructional text or an instructional work, the claim
should be limited to the text, artwork, and/or photographs that appear in the work, the
applicant should provide the name of the author who created that material, and the
applicant should provide the name of the claimant who owns the copyright in that
material. The Literary Division may accept a claim in “text” if the work contains a
sufficient amount of written or editorial expression, or a claim in “artwork” and/or
“photograph(s)” if the work contains a sufficient amount of pictorial or graphic
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expression. When completing an online application, this information should be provided
in the Author Created field, and if applicable, also in the New Material Included field.
When completing a paper application on Form TX, this information should be provided
in space 2, and if applicable, also in space 6(b). For guidance on completing these
portions of the application, see Chapter 600, Sections 618.4 and 621.8.
A registration for a cookbook covers the instructional text that appears in the work, as
well as any photographs or illustrations that are owned by the copyright claimant.
However, the registration does not cover the list of ingredients that appear in each
recipe. Likewise, a registration for a cookbook or other instructional work does not
cover the activities described in the work, because procedures, processes, or methods of
operation are not subject to copyright protection. See 17 U.S.C. § 102(b); 37 C.F.R. §
202.1(a); see also Policy Decision on Copyrightability of Digitized Typefaces, 53 Fed. Reg.
38,110, 38,112 (Sept. 29, 1988) (“[T]he explanation and illustration of recipes is
copyrightable even though the end result — the food product — is not.”). The
registration specialist may add an annotation, may communicate with the applicant, or
may refuse registration if the applicant appears to be asserting a claim to copyright in a
particular activity or a list of ingredients, if the work merely illustrates the specific hand
or body movements for performing a particular activity, or if the instructions, taken as a
whole, are de minimis.
Examples:
• 	Jules Kinder submits an application to register a cookbook titled Pie
in the Sky. In the Author Created field, the applicant asserts a claim
in “text, photographs, and compilation of ingredients.” Each recipe
contains a list of ingredients, instructions for making a pie, and a
photograph of the finished product. The registration specialist will
communicate with the applicant. The claim in text and photographs
is acceptable, but the claim in compilation is not, because the
applicant appears to be asserting a claim in a mere listing of
ingredients.
• 	Martha Custer submits an application to register a set of basic
instructions for knitting a sweater. In the Author Created field, she
checks the box for “text.” There are dozens of steps in the process,
and the instruction for each step is one sentence long. The
registration specialist will register the claim, because the
instructional text, taken as a whole, contains a sufficient amount of
expression to support a registration.
• 	Jules Kinder submits an application to register a cookbook titled Pie
in the Sky. In the Author Created field, the applicant asserts a claim
in “text, photographs, and compilation of ingredients.” Each recipe
contains a list of ingredients, instructions for making a pie, and a
photograph of the finished product. The claim in text and
photographs is acceptable, but the claim in compilation is not,
because the applicant appears to be asserting a claim in a mere
listing of ingredients. The registration specialist may add an
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annotation, such as: “Regarding authorship information:
Compilation is mere listing of ingredients or contents; not
copyrightable. 37 CFR 202.1.”
• 	The Abigail Adams Co. submits an application to register a set of
basic instructions for crocheting a scarf. In the Author Created field,
the applicant asserts a claim in “text, photographs, and artwork.”
The work contains illustrations, photographs, patterns, and other
artwork, but the instructional text is extremely basic, abbreviated,
and formulaic, such as “knit 1, purl 2.” The registration specialist
will communicate with the applicant. The claim in “artwork” and
“photographs” is acceptable, but the claim in “text” is not, because
the instructional text, taken as a whole, is de minimis.
• 	Paulina Neumann submits an application to register a recipe for a
caesar salad. In the Author Created field, the applicant asserts a
claim in “text.” The work contains a list of eleven ingredients
together with the following instructions: “(1) puree anchovies,
garlic, dijon, egg yolks, (2) drizzle oil in gradually to emulsify; (3)
add lemon, parmesan cheese, salt, pepper, worcestershire and
tobasco sauce.” The registration specialist will refuse to register the
claim, because the list of ingredients is not copyrightable and the
instructional text is de minimis.
For a discussion of the deposit requirements for an instructional work, see Chapter
1500, Section 1509.1(F).
717 	Legal Materials
Certain types of legal materials may be registered with the U.S. Copyright Office if they
contain a sufficient amount of original expression. Examples of legal materials that may
satisfy this requirement are discussed in Sections 717.1 through 717.3 below.
When submitting an application to register these types of works, the claim should be
limited to the new material that appears in the work, the applicant should provide the
name of the author who created that material, and the applicant should provide the
name of the claimant who owns the copyright in that material. The Literary Division
may accept a claim in “text” if the work contains a sufficient amount of written
expression, or a claim in “artwork” and/or “photograph(s)” if the work contains a
sufficient amount of pictorial or graphic expression. When completing an online
application, this information should be provided in the Author Created field, and if
applicable, also in the New Material Included field. When completing a paper application
on Form TX, this information should be provided in space 2, and if applicable, also in
space 6(b). For guidance on completing these portions of the application, see Chapter
600, Sections 618.4 and 621.8.
Certain types of legal materials may be registered as a compilation if the author
exercised a sufficient amount of creativity in selecting, coordinating, and/or arranging
the preexisting materials that appear within the deposit. When asserting a claim in a
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compilation, the applicant should provide the name of the author who created the
selection, coordination, and/or arrangement that the applicant intends to register, and
the applicant should assert a claim to copyright in that material using the procedures
described in Chapter 600, Section 618.6.
As discussed in Sections 717.1 and 717.2, legal materials often contain an appreciablea
substantial amount of content that is not eligible for copyright protection. They also may
contain an appreciablea substantial amount of content that is in the public domain,
content that has been previously published, content that has been previously registered,
or content that is owned by a third party. If so, the applicant should exclude this content
from the application using the procedure described in Chapter 600, Section 621.8(F).
If the applicant asserts a claim in both the copyrightable and uncopyrightable elements
of the work, the registration specialist may annotate the application to indicate that the
registration does not extend to the uncopyrightable elements. If the applicant asserts a
claim to copyright in an element that is uncopyrightable, the registration specialist may
communicate with the applicant or may refuse registration if the claim appears to be
based solely on that element.
717.1 	Legal Publications
A legal publication that analyzes, annotates, summarizes, or comments upon a
legislative enactment, a judicial decision, an executive order, an administrative
regulation, or other edicts of government may be registered as a nondramatic literary
work, provided that the publication contains a sufficient amount of literary expression.
Examples of legal publications that may satisfy this requirement are listed below, but in
no case does the registration cover any government edict that may be included in the
work. See 17 U.S.C. § 105; see also Chapter 300, Section 313.6(C)(2).
Examples:
• 	Annotated codes that summarize or comment upon legal materials
issued by a federal, state, local, or foreign government.
• 	A compilation of legislative enactments or judicial decisions,
provided that the author exercised a sufficient amount of creativity
in selecting, coordinating, and/or arranging the material that
appears in the compilation.
• 	Treatises that analyze or review legal subjects.
• 	Dictionaries, anthologies, and encyclopedias that define or describe
legal subjects.
• 	Legal periodicals that cover specific areas of the law, such as law
reviews, legal journals, legal newspapers, legal newsletters, and
the like.
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• 	Casebooks containing a selection of legislative enactments and
judicial decisions that have been abridged and/or annotated with
comments and questions for use in systematic instructional
activities.
• 	Test materials that are used to determine eligibility for membership
in a bar association or other professional organization, as well as
study materials used to prepare for such tests.
The Office will consider an application to register a citator containing specialized
indexes for tracing the prior and subsequent history of a judicial decision; for identifying
decisions that have followed, explained, distinguished, criticized, or overruled a
previous judicial decision; or for researching a specific area of the law. This type of work
may be registered if it contains a sufficient amount of new text, such as an introduction
or a brief summary of the issues discussed in each case. Likewise, a citator may be
registered as a compilation, provided that the author exercised a sufficient amount of
creativity in selecting, coordinating, and/or arranging the categories that appear within
the work. However, the registration specialist may communicate with the applicant or
may refuse registration if the claim appears to be based solely on the selection of judicial
decisions, because citators typically list all of the subsequent decisions that cite the
same case. The specialist also may communicate or refuse registration if the claim
appears to be based solely on a system for conducting legal research or on any “idea,
procedure, process, system, method of operation, concept, principle, or discovery” that
may be reflected or implemented in the work. 17 U.S.C. § 102(b).
717.2 	Legal Documents
Contracts, insurance policies, or other legal documents may be registered if they contain
a sufficient amount of expression that is original to the author. The U.S. Copyright Office
may register briefs, motions, prepared testimony, expert reports, or other legal
pleadings, provided that they contain a sufficient amount of expression that originated
with the author (regardless of whether the pleading has or has not been filed with a
judicial or administrative body). Likewise, the Office may register books that contain
sample forms used in preparing contracts, pleadings, or other legal documents.
Legal documents typically contain an appreciablea substantial amount of language that
may have been obtained from other sources, such as standard form contracts, prior
pleadings, form books, and the like. Much of this language may have been previously
published, it may be owned by other parties, or it may be in the public domain. Often the
language used in a legal document may be determined by the requirements of the
relevant statutory, regulatory, or decisional law. In some cases, the author may be
required to use specific legal terminology or a specific sentence structure, such as the
boilerplate language found in a lease, bailment, chattel mortgage, security interest, or
similar transactions.
The Office may register a legal document that contains an appreciablea substantial
amount of unclaimable material, provided that the claim is limited to the new material
that the author contributed to the work and provided that the unclaimable material has
been excluded from the claim. For purposes of registration, unclaimable material
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includes previously published material, previously registered material, public domain
material, or copyrightable material that is owned by another party.
When completing the application, the applicant should provide a brief statement that
describes the new material that the author contributed to the work, such as “new text,”
and a brief statement that describes the unclaimable material that should be excluded
from the claim, such as “standard legal language.” In the case of an online application,
this information should be provided in the Author Created, New Material Included, and
Material Excluded fields. In the case of a paper application submitted on Form TX, it
should be provided in spaces 2, 6(a), and 6(b). For guidance on completing these
portions of the application, see Chapter 600, Sections 618.4 and 621.8.
717.3 	Patents, Patent Applications, and Non-Patent Literature
The U.S. Copyright Office may register a claim to copyright in the written description for
an invention or the drawings or photographs set forth in a patent or a patent
application, provided that the work contains a sufficient amount of original authorship.
Likewise, the Office may register a claim to copyright in articles, publications, or other
non-patent literature that may be submitted with a patent application. However, the
copyright in a patent, a patent application, or non-patent literature does not extend to
any “idea, procedure, process, system, method of operation, concept, principle, or
discovery” that may be disclosed in these works. 17 U.S.C. § 102(b)
Under U.S. patent law, a patent application must be filed within one year after the
invention has been described in any printed publication. See 35 U.S.C. § 102(a)(1),
(b)(1). Filing a patent application or non-patent literature with the U.S. Patent and
Trademark Office or the U.S. Copyright Office is not considered publication within the
meaning of the copyright law. The U.S. Copyright Office takes no position on whether
filing an application to register the text and illustrations in a patent application or in
non-patent literature would be considered a publication within the meaning of the
patent law.
718 	Letters, Email, and Other Written Correspondence
Letters, emails, journals, diaries, and other forms of written correspondence may be
registered if they contain a sufficient amount of copyrightable expression and if the
claimant owns the copyright in that material.
When submitting an application to register these types of works, the applicant should
limit the claim to the text, artwork, and/or photographs that appear in the work, the
applicant should provide the name of the author who created that material, and the
applicant should provide the name of the claimant who owns the copyright in that
material. The Literary Division may accept a claim in “text” if the work contains a
sufficient amount of written expression, or a claim in “artwork” and/or “photograph(s)”
if the work contains a sufficient amount of pictorial or graphic expression. When
completing an online application, this information should be provided in the Author
Created field, and if applicable, also in the New Material Included field. When completing
a paper application on Form TX, this information should be provided in space 2, and if
applicable, also in space 6(b). For guidance on completing these portions of the
application, see Chapter 600, Sections 618.4 and 621.8.
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As a general rule, the author of the correspondence—not the recipient—should be
named as the copyright claimant. The fact that a person owns or possesses the original
copy of a letter, a journal, diary, or other material object does not give that person the
right to claim copyright in that work, even if the material object was purchased or found.
Ownership of the copyright in a work, or of any of the exclusive rights under a copyright,
is distinct from the ownership of any material object in which the work has been fixed. A
transfer of ownership involving a material object does not convey any rights in the
copyrighted work, nor does the transfer of ownership of a copyright convey any
property rights in any material object (absent a written agreement to that effect). 17
U.S.C. § 202.
A party that has obtained all of the rights under copyright that initially belonged to the
author may be named as the copyright claimant for a letter, email, journal, diary, or
other written correspondence. When completing the application, the applicant should
provide a brief transfer statement explaining how the claimant obtained the copyright in
the work. For example, the registration specialist may accept an application if the
applicant states that the claimant obtained the copyright “by inheritance” or “by written
agreement,” but the specialist will question an application if the applicant simply states
“I found this diary in the attic,” “my mother gave me this journal,” “my boyfriend sent me
these love letters,” or the like. These types of statements suggest that the claimant may
own a material object (i.e., a journal, a diary, a letter), but it is unclear whether the
claimant owns the copyright in the work that is embodied in those objects. For guidance
on identifying the copyright claimant, see Chapter 600, Section 619. For guidance on
providing a transfer statement, see Chapter 600, Section 620.
In some cases, journals, diaries, letters, or other written correspondence may be
published with new material that introduces, illustrates, or explains the work, such as
forewords, afterwords, footnotes, annotations, or the like. As discussed in Section 709.4,
this type of material may be registered as a derivative work if it contains a sufficient
amount of original authorship. See 17 U.S.C. § 101 (definition of “derivative work”). The
applicant should limit the claim to the new text that the author contributed to the work,
the applicant should provide the name of the author who created the new text, together
with the name of the claimant who owns the copyright in the new text. Applicants
should use the terms “new text,” “text of introduction,” or the like to describe this type of
authorship, rather than “text” or “editing.” If the new material contains an appreciablea
substantial amount of pictorial or graphic expression, applicants should use the term
“artwork” and/or “photograph(s)” to describe this type of authorship. In all cases, the
journal, diary, letters, or other written correspondence should be excluded from the
claim if that material has been previously published, previously registered, if it is in the
public domain, or if the copyright in that material is owned by another party. For a
discussion of the procedure for excluding this type of material from a claim, see Chapter
600, Section 621.8.
719 	Interviews
An interview is a written or recorded account of a conversation between two or more
individuals. Typically, the interviewer poses a series of questions that elicit a response
from the interviewee(s).
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An interview may be registered if the conversation has been fixed in a tangible medium
of expression and if it contains a sufficient amount of creative expression in the form of
questions and responses. Specifically, an interview may be registered as a literary work
if it has been fixed in a written transcript, an audio recording, a video recording, or other
medium of expression. An interview may be registered as a work of the performing arts
if the interview was performed or is intended to be performed before an audience, such
as a television interview, radio interview, or onstage interview.
In all cases, the applicant should provide the name of the author who created the
questions and/or the author who created the responses that appear in the interview,
and the applicant should provide the name of the claimant who owns the copyright in
that material. The Literary Division may accept a claim in “text” if the interview contains
a sufficient amount of written expression, or may accept a claim in “text by interviewer”
or “text by interviewee” if the claim is limited to the interviewer’s questions or the
interviewee’s responses. When completing an online application, this information
should be provided in the Author Created field, and if applicable, also in the New
Material Included field. When completing a paper application on Form TX, this
information should be provided in space 2, and if applicable, also in space 6(b). For
guidance on completing these portions of the application, see Chapter 600, Sections
618.4 and 621.8.
The U.S. Copyright Office will assume that the interviewer and the interviewee own the
copyright in their respective questions and responses unless (i) the work is claimed as a
joint work, (ii) the applicant provides a transfer statement indicating that the
interviewer or the interviewee transferred his or her rights to the copyright claimant, or
(iii) the applicant indicates that the interview was created or commissioned as a work
made for hire. If the applicant fails to provide a transfer statement or fails to answer the
work made for hire question, the registration specialist may communicate with the
applicant if it appears that the interviewee or the interviewer is attempting to register
the entire interview instead of registering a claim in his or her contribution to the work.
For guidance on providing a transfer statement, see Chapter 600, Section 620. For
guidance on answering the work made for hire question, see Chapter 600, Section 614.
For guidance on joint works, see Chapter 500, Section 505.
Examples:
• 	Michael Scorch submits an application to register his interview with
Major William Smith. The application names Michael and William as
authors of “text of interview questions” and “text of responses to
interview questions,” respectively. Michael is named as the sole
copyright claimant and the transfer statement indicates that he
obtained the copyright in William’s contribution “by written
agreement.” The registration specialist will register the claim.
• 	Beth McBride submits an application to register her interview with
Franklin Murphy. Beth is named as author of “text by interviewer”
and Franklin is named as author of “text by interviewee.” Beth is
named as the sole copyright claimant, but a transfer statement has
not been provided and the work made for hire question has not
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been answered. The registration specialist will communicate with
the applicant to determine if Franklin transferred his copyright to
Beth or if the interview was created or commissioned as a work
made for hire. If Beth does not own the copyright in Franklin’s
contribution, the specialist will ask her to limit the claim to the “text
by interviewer.”
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720 	Tests, Answer Material for Tests, and Secure Tests
Tests, answer material for tests, and secure tests may be registered with the U.S. Copyright
Office if they contain a sufficient amount of original authorship. Specifically,
the Office may register a claim to copyright in a test, a test combined with an
answer sheet, or an answer sheet by itself, if the work contains a sufficient
amount of creative expression in the form of questions and/or answers. See
Registration of Claims to Copyright: Inquiry—Blank Form, 44 Fed. Reg.
69,977, 69,977 (Dec. 5, 1979).
Tests and answer material for tests are among the nine categories of works that can be
specially ordered or commissioned as a work made for hire, if the parties
expressly agree in a signed written instrument that the work shall be
considered a work made for hire. See 17 U.S.C. § 101 (definition of “works
made for hire”). For a detailed discussion of works made for hire, see Chapter
500, Section 506.
Submitting an online application through the Office’s electronic registration system is the
preferred way to register these types of works. In all cases, the applicant
should provide the name of the author who created the questions and/or
answers that appear in the test, together with the name of the claimant who
owns the copyright in that material. The Literary Division may accept a claim
in “text” if the work contains a sufficient amount of written expression, or may
accept a claim in “artwork” or “photograph(s)” if the work contains a
sufficient amount of pictorial or graphic expression. When completing an
online application, this information should be provided in the Author Created
field, and if applicable, also in the New Material Included field. When
completing a paper application on Form TX, this information should be
provided in space 2, and if applicable, also in space 6(b). For guidance on
completing these portions of the application, see Chapter 600, Sections 618.4
and 621.8.
For guidance concerning the deposit requirements for secure tests, see Sections 720.2 and
720.4. The deposit requirements for non-secure tests are discussed in
Chapter 1500, Section 1509.1(G).
720.1 	Secure Tests
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A “secure test” is a nonmarketed test that is administered under secure conditions at
specified centers on specified dates where all copies of the test are accounted
for and either destroyed or returned to restricted and locked storage after
each administration. A test is considered nonmarketed if copies of the work
are not sold, but instead are distributed and used in such a manner that the
test sponsor or publisher retains ownership and control of the copies. 37
C.F.R. § 202.20(b)(4). Examples of secure tests include high school
equivalency tests, tests that are used to determine eligibility for admission to
an educational institution, tests that are used to determine placement in or
credit for undergraduate and graduate course work, tests that are used to
determine eligibility for scholarships and professional certifications, and the
like. Deposit Requirements: Proposed Rulemaking, 42 Fed. Reg. 59,302,
59,304 (Nov. 16, 1977).
The U.S. Copyright Office is required to make “the articles deposited in connection with
completed copyright registration” available for “public inspection.” 17 U.S.C. §
705(b). The Office recognizes that retaining a complete copy of a secure test
and making those materials available for public inspection could prejudice the
future utility, quality, and integrity of the test materials. Therefore, the Office
has adopted a special procedure for the registration of this type of work. See
37 C.F.R. 202.20(c)(2)(vi); see also National Conference of Bar Examiners v.
Multistate Legal Studies, Inc., 692 F.2d 478, 484-87 (7th Cir. 1982) (holding that
the Office’s secure test regulation is authorized by the Copyright Act and does
not violate Article I, Section 8 of the Constitution).
720.2 	Examination of Secure Tests
To register a secure test, the applicant should call the Literary Division at (202) 707-8250 to
schedule an in-person interview with a registration specialist. On the
scheduled date, the applicant should bring the following items to the Public
Information Office:
A copy of the completed application.
The filing fee (if it has not been paid).
The examination fee.
A copy of the secure test materials that the applicant intends to register.
Identifying material for the secure test.
Please be advised that the applicant must pass through security before entering the
building, and that sealed packages or packages that are more than twenty-
four inches wide by fifteen inches high are not permitted.
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If the secure test is administered with test booklets, the applicant should bring one complete
copy of the test. If the secure test is administered on a computer or other
electronic device, or if the test is administered with test booklets that contain
a selection of questions from an automated database, the applicant may bring
one complete copy of the test or a copy containing fifty pages of questions or
other contents of the test or database. The selection of pages may include the
first twenty-five and last twenty-five pages of the test, or fifty pages taken
from anywhere within the test or database.
The registration specialist will review the copy of the secure test materials in the applicant’s
presence under strict conditions of security. The applicant may supply the
specialist with a printed copy of the test materials. In the alternative, the
applicant may supply an electronic copy, provided that the copy has been
fixed on a CD-ROM, DVD, or other electronic storage device, and provided that
the copy can be viewed on the applicant’s portable computer or other
electronic device. In all cases, the content of the secure test materials must
be completely visible.
Following the examination, the specialist will return the copy of the secure test materials to
the applicant. If the applicant provided the registration specialist with a
printed copy, he or she will stamp the copy with the date that the secure test
materials were reviewed. If the applicant provided an electronic copy, the
specialist will prepare a label specifying the date that the secure test materials
were reviewed and apply that label to the CD-ROM, DVD, or other electronic
storage device.
The specialist will review the identifying material to determine if it satisfies the deposit
requirements. In addition, the specialist will examine the deposit for
unclaimable material that should be excluded from the claim. As discussed in
Section 720.4, the identifying material for the secure test will be retained by
the Office.
If the specialist determines that the test constitutes copyrightable subject matter and that
the other legal and formal requirements have been met, the Office will register
the claim and will mail a certificate of registration to the applicant at a later
date.
The Office cannot guarantee the security or confidentiality of secure tests that are mailed to
the Office or uploaded to the Office’s online registration system. Secure tests
delivered by mail or uploaded to the online registration system will be
included in the Office’s normal work flow and will not be given any special
treatment. If the applicant uploads an electronic copy of a secure test through
the Office’s electronic registration system, the copy cannot be returned or
deleted from the system.
See generally Deposit Requirements: Proposed Rulemaking, 42 Fed. Reg. 59,302, 59,304
(Nov. 16, 1977).
720.3 	Examination Fee for Secure Tests
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The applicant must pay an examination fee in addition to the filing fee for the application.
The examination fee is set forth in the Office’s fee schedule under the heading
“Secure test processing (per staff member per hour)”
(www.copyright.gov/docs/fees.html). The fee is based on the amount of time
that it takes to examine the secure test materials.
As discussed in Section 720.2, the applicant should bring the examination fee to the Public
Information Office, along with the application, a complete copy of the secure
test materials, the identifying material, and the filing fee (if it has not been
paid). The examination fee may be paid in cash, by credit card, or by check, or
it may be charged to a deposit account. Once the secure test materials have
been examined, the examination fee is not refundable, regardless of whether
the Office issues a certificate of registration.
720.4 	Identifying Material for Secure Tests
As discussed in Section 720.2, the applicant must provide the U.S. Copyright Office with a
copy of the secure test materials that the applicant intends to register. These
materials will be returned to the applicant when the registration specialist
completes his or her examination. In addition, the applicant must provide the
Office with a portion or description of the test that is sufficient to create an
archival record of the secure test. This identifying material will be retained by
the Office and may be made available for public inspection in appropriate
circumstances.
The type of identifying material that should be submitted to the Office depends on the
format of the secure test, and the sufficiency of that material will be
determined by the registration specialist. The applicant may be required to
submit different identifying material if the test is administered in an unusual
format. In all cases, the identifying material should contain a representative
selection of the new questions and/or answers that the applicant intends to
register. See generally 37 C.F.R. § 202.21.
720.4(A) 	Print Format
If the secure test is administered with test booklets, the applicant should submit an
unmasked photocopy of the title page of the booklet and a photocopy of the
last page of questions in the booklet. Most of the text that appears on the last
page may be blocked out, provided that the applicant leaves a narrow
diagonal strip of visible text that is sufficient to show that the page contains
copyrightable text. In addition, the number of the last question that appears in
the booklet and the page number that appears on that page (if any) must be
visible.
If the secure test is accompanied by slides or if the test consists entirely of slides, the
applicant also should provide one of the following items:
A single slide or a photograph of a slide that contains copyrightable artwork and/or text.
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A single slide or a photograph of a slide that contains copyrightable artwork. Most of the
content that appears on the slide may be blocked out, provided that the
applicant leaves a narrow diagonal strip of visible content that is sufficient to
show that the page contains copyrightable artwork and/or text.
720.4(B) 	Machine-Readable Format
If the secure test is administered on a computer or other electronic device, or if the test is
administered with test booklets that contain a selection of questions from an
automated database, the applicant should submit one of the following items:
A photocopy of the title page of the test and a photocopy of the last page of the test. Most of
the content that appears on the last page may be blocked out, provided that
the applicant leaves a narrow diagonal strip of visible content that is sufficient
to show that the page contains copyrightable authorship. The number of the
last question that appears on the last page of the test and the page number
that appears on that page (if any) must be visible.
A photocopy containing fifty pages of questions or other content from the test. (If the
applicant provided the registration specialist with fifty pages from the test
instead of providing a copy of the complete test, the identifying material
should contain the same selection of pages.) Most of the content that appears
on these pages may be blocked out, provided that the applicant leaves a
narrow diagonal strip of visible content that is sufficient to show that each
page contains copyrightable authorship.
An unmasked photocopy containing fifty pages of questions or other content from the test
or database.
720.4(C) 	Appropriate Method for Blocking Out Secure Test Materials
The U.S. Copyright Office will not accept identifying material that conceals virtually all of
the copyrightable expression in the work. The Office has not attempted to
quantify the amount of text or artwork that must remain visible, because the
determination of copyrightable expression can never be based on an arbitrary
formula. Instead, the regulation requires a “sufficient portion[]” or description
“so as to constitute a sufficient archival record of the deposit.” 37 C.F.R. §
202.20(c)(2)(vi). Whether the identifying material for a particular test meets
this standard will be determined on a case-by-case basis. In the vast majority
of cases, the presence of copyrightable text or artwork will be readily
apparent. However, if all of the copyrightable expression has been blocked
out and only uncopyrightable elements remain, the registration specialist may
refuse to register the test, even if the unblocked portions represent more than
50% of the text or artwork shown in the identifying material.
720.5 	Secure Tests Administered through a Computer Program
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If the secure test is administered through a computer program and if the claimant owns the
copyright in that program, the applicant may register the program and the test
with the same application, provided that the program is considered part of the
test and provided that the applicant submits appropriate identifying material
720 	[Reserved]
for the program. To register a secure test together with a computer program, the applicant
should call the Literary Division at (202) 707-8250 for further instructions.
721 	Computer Programs
This Section discusses the U.S. Copyright Office’s practices and procedures for the
examination of computer programs.
For a discussion of databases, see Section 727. For a discussion of websites and website
content, see Chapter 1000. For a discussion of videogames, see Section 726 and Chapter
800, Section 807.7(A).
721.1 	What Is a Computer Program?
The Copyright Act defines a “computer program” as “a set of statements or instructions
to be used directly or indirectly in a computer in order to bring about a certain result.”
17 U.S.C. § 101. Congress added this definition to the statute “to make it explicit that
computer programs, to the extent that they embody an author’s original creation, are
proper subject matter of copyright.” N ATIONAL C OMMISSION ON N EW T ECHNOLOGICAL U SES OF
C OPYRIGHTED W ORKS (“CONTU”), F INAL R EPORT 1 (1979) (CONTU R EPORT ); see also 126
C ONG . R EC . 29,895 (1980) (statement of Rep. Kastenmeier) (explaining that the
legislation “eliminates confusion about the legal status of computer software by
enacting the recommendations of [CONTU] clarifying the law of computer software”).
A claim to copyright in a computer program may be based on the authorship “expressed
in words, numbers, or other verbal or numerical symbols or indicia,” regardless of
whether that expression has been fixed in tapes, disks, cards, or any other tangible
medium of expression. 17 U.S.C. § 101 (definition of “literary works”). However, the
fixed program must be used directly or indirectly in a computer. For purposes of
copyright registration, a “computer” is defined as a programmable electronic device that
can store, retrieve, and process data that is input by a user through a user interface, and
is capable of providing output through a display screen or other external output device,
such as a printer. “Computers” include mainframes, desktops, laptops, tablets, and
smart phones.
721.2 	What Is a Derivative Computer Program?
A derivative computer program is a program that is “based upon one or more
preexisting works.” 17 U.S.C. § 101 (definition of “derivative work”). Typically, a
derivative computer program is a new version of a preexisting program, or a program
that contains material from a preexisting work that has been revised, augmented,
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abridged, or otherwise modified such that the modifications as a whole represent an
original work of authorship.
Example:
• 	Telamon Software submits an application to register a computer
program titled Ajax 4.0. The program corrects certain problems
found in previous versions of the same program. For instance, it
increases the number of file formats that can be processed by the
program, it doubles the speed for decoding graphics, and it allows
the program to work with other types of graphics cards and
semiconductor chips. Ajax 4.0 would be considered a derivative
computer program. See Montgomery v. Noga, 168 F.3d 1282, 1290-
91 (11th Cir. 1999).
721.3 	What Is Source Code?
Source code is a set of statements and instructions written by a human being using a
particular programming language, such as C, C++, FORTRAN, COBOL, PERL, Java, Basic,
PASCAL, LISP, LOGO, or other programming languages. Typically, these statements or
instructions are comprehensible to a person who is familiar with the relevant
programming language, but in most casesthey are not comprehensible to a computer or
other electronic device cannot execute. In order to convey these statements orand
instructions unless they have beento a machine, the source code must be converted into
object code. This conversion is performed by a separate program within the computer,
which is known as an interpreter, assembler, or compiler. See Apple Computer, Inc. v.
Franklin Computer Corp., 714 F.2d 1240, 1243 (3d Cir. 1983); Williams Electronics, Inc. v.
Artic International, Inc., 685 F.2d 870, 876 n.7 (3d Cir. 1982) (quoting the CONTU
R EPORT at 21 n. 9, 28).
721.4 	What Is Object Code?
Object code is the representation of a computer program in a machine language. It
typically consists consisting of the numbers zero and one (i.e., binary coding), the
numbers zero through seven (i.e., octal coding), or a combination of letters and numbers
(i.e., ASCII or hexadecimal coding). Object code is comprehensible to a computer or
other electronic device, but it is not intended to be read by human beings, and as a
general rule, it is not directly comprehensible to human beings. See Apple Computer, 714
F.2d at 1243.
721.5 	Relationship Between Source Code and Object Code
The U.S. Copyright Office views source code and object code as two representations of
the same work. See GCA Corp. v. Chance, 217 U.S.P.Q. 718, 719-20 (N.D. Cal. 1982)
([b]ecause the object code is the encryption of the copyrighted source code, the two are
to be treated as one work…”).
As a general rule, the Office will not issue separate registrations for the source code and
object code versions of the same program. However, if a program washas been
registered in unpublished form based on a submission of objectsource code, the Office
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may register the first published version of the same program based on a submission of
sourceobject code (or vice versa),, even if the published version “is substantially the
same as the unpublished version.” 17 U.S.C. § 408(e); 37 C.F.R. § 202.3(b)(11)(i).
For details concerning the deposit requirements for registering a computer program
withbased on a submission of object code, see Chapter 1500, Section 1509.1(C)(4)(b6).
721.6 	Relationship Between a Computer Program and a Work Created with a
Computer or a Computer Program
The ownership of the copyright in a work of authorship, or of any of the exclusive rights
under a copyright, is distinct from the ownership of any material object in which the
work has been fixed. A transfer of ownership of a material object does not convey any
rights in the work, nor does the transfer of ownership of a copyright convey property
rights in any material object (absent a written agreement to that effect). 17 U.S.C. § 202.
Likewise, ownership of the copyright in a work is distinct from ownership of any
material object that may be used to create that work. The fact that the author used a
computer to write an article, short story, or other nondramatic literary work does not
mean that the work is a computer program. The fact that the author saved his or her
work onto a hard drive, flash drive, thumb drive, CD-ROM, or other electronic storage
device does not mean that the work is a computer program. A work only qualifies as a
computer program if it contains “a set of statements or instructions to be used directly
or indirectly in a computer in order to bring about a certain result.” 17 U.S.C. § 101
(definition of “computer program”). Moreover, whenelements of a work is created
withby a computer program, any elements of the work that are generated solely by the
program are not registerable, such as formatting codes that are inserted generated by a
word processing program, are not claimable in a work.
721.7 	Copyrightable Authorship in a Computer Program
A computer program may be registered with the U.S. Copyright Office if it contains a
sufficient amount of original authorship in the form of statements or instructions to a
computer.
Section 102(b) of the Copyright Act “make[s] clear that the expression adopted by the
programmer is the copyrightable element in a computer program, and that the actual
processes or methods embodied in the program are not within the scope of the
copyright law.” H.R. R EP . 94-1476, at 57 (1976), reprinted in 1976 U.S.C.C.A.N. at 5670; S.
R EP . N O . 94-473, at 54 (1975).
As a general rule, the Office does not distinguish between executable code and
nonexecuting comments or data that may appear in the source code for a computer
program. Either element may support a claim to copyright if the program contains a
sufficient amount of original statements or instructions, and both elements may be
registered with the same application. See Registration of Claims to Copyright Deposit
Requirements for Computer Programs Containing Trade Secrets and for Computer
Screen Displays, 54 Fed. Reg. 13,173, 13,174 n.2 (Mar. 31, 1989); see also Registration
Decision: Registration and Deposit of Computer Screen Displays, 53 Fed. Reg. 21,817,
21,819 (June 10, 1988). To register a claim in the executable code, the applicant should
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check the box marked “state “computer program” in the Author Created field. To
register a claim in nonexecuting comments, the applicant may check the box marked
“computer program,” or may also check this box and state “nonexecuting comments” in
the field marked “Other.”In both cases,application. The applicant should avoid usingnot
use the term “text,” either alone or in combination with the term “computer program.”
By contrast, to register a claim in nonexecutable comments, the applicant should state
“text” in the application. For guidance in completing this portion of the application, see
Section 721.9(F).
The copyright in a computer program does not extend to any idea, procedure, process,
system, method of operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in the program. 17 U.S.C. §
102(b). As such, the Office will not register the functional aspects of a computer
program, such as the program’s algorithm, formatting, functions, logic, system design, or
the like. Likewise, the Office will communicate with the applicant and may refuse
registration if the applicant asserts a claim in uncopyrightable elements that may be
generated by a computer program, such as menu screens, layout and format, or the like.
721.8 	Copyrightable Authorship in a Derivative Computer Program
A derivative computer program may be registered if it contains new material that is
sufficiently different from the preexisting work such that the program qualifies as an
original work of authorship. See 17 U.S.C. § 101 (definition of “derivative work”). The
new material must be original and it must contain a sufficient amount of copyrightable
authorship. Making only a few minor changes or revisions to a preexisting work, or
making changes or revisions of a rote nature that are predetermined by the functional
considerations of the hardware doesdo not satisfy this requirement. In no case does the
copyright for a derivative computer program extend to any idea, procedure, process,
system, method of operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in the program. 17 U.S.C. §
102(b).
Examples:
• 	Decrypt Corp. created a computer program titled Skeleton Key
version 5.0. The program contains a substantial amount of new code
that did not appear in prior versions of the same program. The
additions and revisions that appear in the source code for version
5.0 may be registered as a derivative work.
• 	Pentathlon Games released a videogame titled World of Watercraft,
which is designed to run on the Sony PlayStation. A month later, the
company released another version of the game that is designed to
run on the Microsoft Xbox. The source code for each version is
substantially different, and not simply the result of interoperability
or hardware compatibility, although the sounds and images that
appear in the videogame are exactly the same. The source code for
the Xbox version may be registered as a derivative work.
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• 	Derrick Maxwell created a word processing program titled Linux
Write, which is designed to run on the Linux operating system. He
subsequently created another program titled Android Write, which
is designed to run on the Android operating system. Derrick submits
an application to register Android Write and in the Author
Created/Other field he states that he “adapted this program to run
on a different operating system.” The registration specialist will
communicate with the applicant, because it is unclear whether the
author contributed a sufficient amount of copyrightable authorship
to this work.
• 	Shell Games LLC submits two applications for the same computer
program, one specifically for the source code and the other for the
object code. Because there are no copyrightable differences
between the source code and the object code, there is no basis for
issuing a separate registration for each representation of the
program. Moreover, if the object code was created by a computer
program, there would be no human authorship in the object code,
and no authorship that is distinct from the source code. The
registration specialist will registerrecommend that the claim
inapplicant withdraw the application for the object code and
proceed with the application for the source code, and reject the
claim in the object code.
Each version of a computer program that contains new, copyrightable authorship is
considered a separate work. See 17 U.S.C. § 101 (definition of “created;” stating that
“where the work has been prepared in different versions, each version constitutes a
separate work”). A registration for a specific version of a computer program covers the
new material that the author contributed to that version, including any changes,
revisions, additions, or other modifications that the author made to that version. See
H.R. R EP . N O . 94-1476, at 57 (1976), reprinted in 1976 U.S.C.C.A.N. at 5670; S. R EP . N O . 94-
473, at 55 (1975) (explaining that “copyright in a ‘new version’ covers only the material
added by the later author, and has no effect one way or the other on the copyright or
public domain status of the preexisting material.”). However, a registration for a specific
version of a computer program does not cover any unclaimable material that may
appear in that version. For purposes of registration, unclaimable material includes:
• 	Previously published material.
• 	Material that has been previously registered with the U.S. Copyright Office.
• 	Material that is in the public domain.
• 	Copyrightable material that is owned by a third party (i.e., an individual or legal
entity other than the claimant who is named in the application).
If the program contains an appreciable amount of unclaimable material, the applicant
should identify that material in the application and should exclude it from the claim
using the procedure described in Section 721.9(G) below. See 17 U.S.C. § 409(9) (stating
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that “[t]he application for copyright registration… shall include... in the case of a
compilation or derivative work, an identification of any preexisting work or works that
it is based upon or incorporates, and a brief, general statement of the additional material
covered by the copyright claim being registered...”).
Examples:
• 	Excluding previously published material. Softwear, Inc. submits an
application to register a program titled Clothing Maker version 3.0.
Version 3.0 contains an appreciable amount of code that appeared
in versions 1.0 and 2.0 of the same program. Softwear distributed
copies of versions 1.0 and 2.0 to the public before it filed its
application for registration of version 3.0. Versions 1.0 and 2.0
would be considered previously published works, even if the copies
only contained the object code for those versions and even if the
source code for those versions was never disclosed. Therefore, the
application should be limited to the new material that appears in
version 3.0, and any source code that appeared in versions 1.0 or
2.0 should be excluded from the claim using the procedure
described in Section 721.9(G).
• 	Excluding previously registered material. Jesper Nielsen submits an
application to register a program titled Ink Blot version 5.0. This
version contains an appreciable amount of source code that
appeared in versions 1.0 through 4.0 of the same program. The
prior versions have not been distributed to the public, but version
2.2.1 was previously registered with the Office as an unpublished
work. The registration for version 5.0 will cover the new material
that appears in that version, as well as any unpublished or
unregistered source code from versions 1.0 through 4.0 that appear
in version 5.0. However, the source code that appeared in version
2.2.1 should be excluded from the claim using the procedure
described in Section 721.9(G).
• 	Excluding third party material. Vivek & Associates created an
operating system titled Architexture v. 9.0 using a software
development tool titled Picture This v. 2.50. The source code for
Architexture v. 9.0 contains an appreciable number of modules,
subroutines, and macros that were used with permission from the
company that produced Picture This. Vivek & Associates should
exclude those modules, subroutines, and macros from its
application to register Architexture v. 9.0 using the procedure
described in Section 721.9(G), because the copyright in that
material is owned by a third party.
• 	No disclaimer required. CodeBuster LLC submits an application to
register a program titled Hackleberry Finn version 3.0. Version 3.0
contains an appreciable amount of code that appeared in versions
1.1.1 and 2.2.2 of the same program. CodeBuster never registered
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versions 1.1.1 and 2.2.2 and never distributed those versions to the
public. Therefore, the prior versions of the program need not be
disclaimed in the application to register version 3.0. The
registration for version 3.0 will cover all of the copyrightable
content that appears in that version, including any unpublished or
unregistered source code from versions 1.1.1 or 2.2.2 that have
been incorporated into version 3.0.
The registration specialist may communicate with the applicant if the program appears
to contain an appreciable amount of unclaimable material and if the applicant does not
exclude that material from the claim. Examples of factors that may prompt a specialist to
inquire whether a computer program contains unclaimable material include the
following:
• 	Multiple copyright notices.
• 	A copyright notice containing an earlier date than either the completion year or the
publication date specified in the application.
• 	A copyright notice containing multiple dates.
• 	A copyright notice containing a different name than the author or copyright
claimant named in the application.
• 	Multiple version numbers or multiple release numbers (if it appears that the
previous versions may have been published or registered or if they may be owned
by a party other than the copyright claimant).
• 	A revision history in the deposit indicating that changes were made to the program
after the year of completion or date of publication specified in the application.
• 	An indication that the author created the work using another computer program as
an authoring tool.
If the deposit contains multiple dates or multiple version/release numbers, the
applicant should notify the registration specialist if those dates or numbers refer to the
development history of the program or if they refer to previous versions of the program
that have not been published or registered before. When submitting an online
application, this information may be provided in the Note to Copyright Office field; when
completing a paper application this information may be provided in a cover letter.
If the program contains only a minimal amount of unclaimable material or if the
program contains material that is uncopyrightable, there is no need to exclude that
material from the application. Unclaimable material should be excluded only if that
material is copyrightable and represents an appreciable portion of the work.
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Example:
• 	Professor Barrakat submits an application for a computer program
titled BearCat 5.0. The program contains 5,000 lines of entirely new
source code and, including 50 lines that appeared in a previously
published version of the same program. There is no need to exclude
these 50 lines of code from the application, because they do not
represent an appreciable portion of the program code for BearCat
5.0.
721.9 	Application Tips for Computer Programs
This Section discusses the practices and procedures for completing an application to
register a computer program. For guidance concerning the deposit requirements for
computer programs, see Chapter 1500, Section 1509.1(C). For guidance concerning the
filing fee, see Chapter 1400, Section 1403.
721.9(A) 	Identifying the Type of Work
Submitting an online application through the U.S. Copyright Office’s electronic
registration system is the preferred way to register a computer program. The first step
in completing the online application is to select the type of work that the applicant
intends to register. In the case of a computer program, the applicant should select
Literary Work from the drop down menu marked Type of Work.
When submitting a paper application, Form TX should be used to register a claim to
copyright in a computer program.
721.9(B) 	Title of the Program
The application must provide the title of the computer program. 17 U.S.C. § 409(6). The
title should include the version number or release number (if any) for the specific
version of the program that the applicant intends to register. The version number or
release number may be provided in the application as follows:
• 	Advantage Works v. 1.0
• 	Advantage Works (v. 2.0)
• 	Advantage Works version 3.5.1
• 	Advantage Works (release 4.1.1)
When completing an online application, the applicant should provide the title of the
program on the Title screen. When completing a paper application, the applicant should
provide the title on space 1 of Form TX. For guidance on completing this portion of the
application, see Chapter 600, Section 610.
If the applicant does not provide a version number or release number, the registration
specialist may add that information to the Title field/space if the number appears on the
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deposit or elsewhere in the registration materials and if it is clear that the number
identifies the specific version that has been submitted for registration. In such cases, the
specialists will add an annotation to the record, such as: “Regarding title information:
added by C.O. from deposit.” If the title contains multiple version numbers (e.g., Scale
Modeler v. 1.0, 2.0, 3.0, 4.50), the specialist may communicate with the applicant if he or
she is unable to identify the specific version that the applicant intends to register.
721.9(C) 	Name of Author / Name of Claimant
The applicant should provide the name of the author(s) who created the specific version
of the program that the applicant intends to register. Specifically, the applicant should
provide the name(s) of the person(s) or organization(s) who created the source code for
the version that will be submitted for registration. In addition, the applicant should
provide the name of the claimant who owns the copyright in that version. When
completing an online application the applicant should provide this information on the
Author and Claimant screens; when completing a paper application the applicant should
provide this information in spaces 2 and 4 of Form TX.
For guidance on completing this portion of the application, see Chapter 600, Sections
613 and 619. For guidance on identifying the author of a work made for hire, see
Chapter 600, Section 614.
721.9(D) 	Year of Completion
The applicant should identify the year that the author completed the specific version of
the program that the applicant intends to register. As a general rule, the applicant
should provide a year of completion only for the specific version of the program that
will be submitted for registration. The applicant should not provide a year of completion
for the first version of the program or any other version of the program that is not
included in the application.
For the purpose of copyright registration, each version of a computer program is
considered a separate work. Each version of a program is considered complete when
that version has been fixed in a tangible medium of expression for the first time. When a
program is prepared over a period of time, the portion that has been fixed at any
particular time constitutes the version that has been completed as of that date. See 17
U.S.C. § 101 (definition of “created”); see also 37 C.F.R. § 202.3(b)(4)(ii) (explaining that
the year of completion means “the latest year in which the creation of any copyrightable
element was completed”).
When completing an online application, the applicant should provide the year of
completion on the Publication/Creation screen; when completing a paper application
the applicant should provide this information in space 3(a) of Form TX. For guidance on
completing this portion of the application, see Chapter 600, Section 611.
If the year specified in the application does not match the year that is specified in the
copyright notice for the program (if any) or if the copyright notice contains multiple
dates (e.g., © Lionel Software 2010, 2011, 2012), the registration specialist may
communicate with the applicant if he or she is unable to identify the specific version that
the applicant intends to register.
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721.9(E) 	Date of Publication
If the version that the applicant intends to register has been published as of the date that
the application is filed with the U.S. Copyright Office, the applicant should provide the
month, day, and year that the version being registered was published for the first time.
As a general rule, the applicant should provide a date of first publication only for the
specific version that will be submitted for registration. The applicant should not provide
a date of publication for the first version of the program or any other version of the
program that is not included in the application.
A computer program is considered published when copies of the program are
distributed “to the public by sale or other transfer of ownership, or by rental, lease, or
lending” or when copies of the program are offered “to a group of persons for purposes
of further distribution, public performance, or public display.” 17 U.S.C. § 101 (definition
of “publication”). As a general rule, a program is considered published if there has been
a general distribution of the program code, regardless of whether the copies are
distributed by purchase or license and regardless of whether the copies are distributed
on a CD-ROM, DVD, or downloaded online. Likewise, a program is considered published
even if the copies contained object code rather than source code and even if the source
code has not been disclosed to the public. See Midway Manufacturing Co. v. Strohon, 564
F. Supp. 741, 751 (N.D. Ill. 1983) (“the object code is nothing other than a direct
transformation of a computer program, composed... in source code”).
When completing an online application, the applicant should provide the date of first
publication on the Publication/Completion screen. When completing a paper application
the applicant should provide this information on space 3(b) of Form TX. For guidance on
completing this portion of the application, see Chapter 600, Section 612.
For a general discussion of publication and for specific guidance on determining
whether a particular work has been published, see Chapter 1900.
721.9(F) 	Asserting a Claim to Copyright in a Computer Program
The applicant should identify the copyrightable authorship that the applicant intends to
register and should assert a claim to copyright in that authorship. The information
provided in the application defines the claim that is being registered, rather than the
information given in the deposit copy(ies) or elsewhere in the registration materials.
When completing an online application, the applicant should provide this information
on the Author screen in the field marked Author Created. When completing a paper
application, the applicant should provide this information on space 2 of the application
under the heading Nature of Authorship. For guidance on completing this portion of the
application, see Chapter 600, Section 618.4.
“Computer program” is the most appropriate term for registering a claim in this type of
work. If this term does not fully describe the copyrightable material that the applicant
intends to register, the applicant should provide a more specific description in the
Author Created/Other field using the procedure described in Chapter 600, Section
618.4(A). For a representative list of other terms that may be acceptable, see Section
721.9(H).
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“Revised computer program” is the most appropriate term for registering a claim in a
derivative computer program. If this term does not fully describe the copyrightable
material that the applicant intends to register, the applicant should provide a more
specific description using the procedures described in Chapter 600, Section 621.8(C)(1)
and 621.8(C)(2). For a representative list of other terms that may be acceptable, see
Section 721.9(H).
As discussed in Section 721.7, an applicant may assert a claim in executable code as well
as the nonexecuting comments that appear in the source code for a computer program.
Both claims may be registered with the same application. To register a claim in
executable code, the applicant may check the box marked “computer program” in the
Author Created field. To register a claim in nonexecuting comments, the applicant may
check the box marked “computer program,” or may also check this box and state
“nonexecuting comments” in the field marked Other. In both cases, the applicant should
avoid using the term “text,” either alone or in combination with the term “computer
program.”
If the claim is unclear, the registration specialist may communicate with the applicant or
may refuse registration. For example, if the applicant merely asserts a claim in “text” or
a claim in “text” and “computer program,” the specialist will communicate if it is unclear
whether the deposit copy(ies) contain text that is distinguishabledistinguished from
source code, object code, or other statements or instructions that may be used directly
or indirectly in a computer in order to bring about a certain result. Likewise, the
specialist may communicate if the applicant merely asserts a claim in “computer
program” that is not discernable as a written language or a programming language.
As discussed in Section 721.7, an applicant may assert a claim in executable code or
nonexecuting comments or data that appear in the source code for a computer program.
To register a claim in executable code, the applicant should check the box marked
“computer program” in the Author Created field. The applicant should not check the box
marked “text,” either alone or in combination with the term “computer program.” By
contrast, to register a claim in nonexecutable comments, the applicant should check the
box marked “text.”
If the applicant asserts a claim in both the copyrightable and uncopyrightable features of
the program, the specialist may communicate with the applicant or may annotate the
application to indicate that the registration does not extend to the uncopyrightable
features. For representative examples that illustrate this practice, see Chapter 600,
Section 618.8(C). If the claim appears to be based solely on the functional aspects or
other features that are not eligible for copyright protection, registration will be refused.
For a representative list of unclear terms that may be questioned, see Section 721.9(I).
For a representative list of terms that will not be accepted, see Section 721.9(J).
721.9(G) 	Limiting the Claim to Copyright in a Computer Program
If the computer program contains an appreciablea substantial amount of unclaimable
material, the applicant should exclude that material from the claim. As discussed in
Section 721.8, this category includes previously published material, previously
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registered material, public domain material, or copyrightable material that is owned by
a party other than the copyright claimant.
When completing an online application, the applicant should provide a brief statement
that identifies the unclaimable material that appears in the program. Specifically, the
applicant should provide this information on the Limitation of Claim screen by checking
one or more of the boxes that appear in the Material Excluded field that accurately
describe the unclaimable material. When completing a paper application, the applicant
should provide this information on space 6(a) of Form TX. For guidance on completing
this portion of the application, see Chapter 600, Section 621.8(B).
In addition, the applicant should provide a brief statement that identifies 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 by
checking one or more of the boxes that appear in the New Material Included field that
accurately describe the new material that the author created. When completing a paper
application, the applicant should provide this information on space 6(b) of Form TX. For
guidance on completing this portion of the application, see Chapter 600, Section
621.8(C).
The statement that the applicant provides in the New Material Included field should be
identical to the statement that the applicant provided in the Author Created field.
Likewise, the statement that the applicant provides in space 6(b) of the paper
application should be identical to the statement that the applicant provides in space 2.
Together, these statements define the claim in a derivative computer program.
If the program contains an appreciablea substantial amount of material that has been
previously registered with the U.S. Copyright Office, the applicant should identify the
registration number for that material and the year that the registration was issued.
When completing an online application, the applicant should provide this information
on the Limitation of Claim screen in the field marked Previous Registration. When
completing a paper application, the applicant should provide this information on space
5 of Form TX. For guidance on completing this portion of the application, see Chapter
600, Section 621.8(F).
721.9(H) 	Acceptable Terminology for an Application to Register a Computer Program
This Section provides guidance for completing the Author Created/Other field and the
New Material Included/Other field of the online application, as well as guidance for
completing spaces 2 and 6(b) of paper application Form TX.
The applicant should provide a brief statement in this portion of the application that
describes the copyrightable material that the applicant intends to register. The applicant
should not describe any uncopyrightable elements or de minimis elements that appear
in the program. Likewise, the applicant should not describe the material object in which
the program has been fixed.
The U.S. Copyright Office may accept the term “computer program” or any of the terms
listed below, provided that they accurately describe the copyrightable authorship that
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appears in the deposit copy(ies). In most cases, the Office will accept combinations or
variant forms of these terms, unless they are contradicted by information provided in
the deposit copy(ies) or elsewhere in the registration materials.
• 	Computer program
• 	Computer code
• 	Computer software
• 	New computer program
• 	New computer code
• 	New computer software
• 	Program code
• 	Program instructions
• 	Revised computer program
• 	Revised computer code
• 	Revised computer software
• 	Revision of [specify nature of revision, e.g., revision of software subroutines,
revision of program code, etc.]
• 	Software code
• 	Software modifications
• 	Software module(s)
• 	Software program
• 	Software routine(s)
• 	Software subroutine(s)
• 	Software update(s)
• 	Source code
721.9(I) 	Unclear Terminology for an Application to Register a Computer Program
The authorship that the applicant intends to register should be clearly identified in the
application, and the claim to copyright in that authorship should be clearly stated. If the
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claim to copyright is unclear, the registration specialist may communicate with the
applicant or may refuse registration. Examples of unclear terms include the following or
any combination of the following:
• 	Adaptation (if it appears that the program was merely adapted to
run on different hardware)
• 	Automation
• 	Cells
• 	Commands
• 	Compilation
• 	Computerized
• 	Debugging
• 	Editing
• 	Enhancements
• 	Entire program code
• 	Entire text
• 	Entire work
• 	Error corrections
• 	Features
• 	Macro(s)
• 	New programming text
• 	Patching
• 	Program text
• 	Programmer
• 	Programming text
• 	Search engine
• 	Text
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• 	Text of computer program
• 	Text of computer game
If the applicant combines an acceptable authorship term with the term “text,” such as
“computer program and text” or “text and program code,” the registration specialist will
examine the deposit copy(ies) to determine if the work contains copyrightable text that
is not part of the computer program. If the work does not appear to contain
copyrightable text apart from the text of the computer program, the specialist may
communicate with the applicant or may refuse to register that aspect of the claim.
721.9(J) 	Unacceptable Terminology for an Application to Register a Computer Program
If the applicant asserts a claim in both the copyrightable and uncopyrightable features of
the program, the specialist may annotate the application to indicate that the registration
does not extend to the uncopyrightable features. If the applicant asserts a claim to
copyright in any storage medium or any feature of the program that is uncopyrightable,
the registration specialist may communicate with the applicant or may refuse
registration if the claim appears to be based solely on those features. Examples of
unacceptable terms include the following or any combination of the following:
• 	Algorithm
• 	Analysis
• 	Cassette
• 	Chip
• 	Computation
• 	Computer language(s)
• 	Computerized
• 	Data
• 	Designed program
• 	Disk
• 	Drive
• 	Encrypting
• 	EPROM
• 	Firmware
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• 	Flash drive
• 	Format
• 	Formatting
• 	Formula(s)
• 	Functions
• 	Hard drive
• 	Interface
• 	Language
• 	Layout
• 	Logic
• 	Menu screens
• 	Mnemonics
• 	Models
• 	Object
• 	Object code
• 	Object listing
• 	Organization
• 	Peripheral(s)
• 	Printout
• 	PROM
• 	RAM (Random Access Memory)
• 	ROM
• 	Protocol
• 	Software methodology
• 	System
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• 	System design(er)
• 	Template
• 	Text of algorithm
• 	Thumbdrive
• 	Typeface
• 	Typefont
721.10 	Screen Displays
721.10(A) 	Relationship Between Source Code and Screen Displays
As a general rule, a computer program and the screen displays generated by that
program are considered the same work, because the in most cases the screen displays
are created by the program code contains fixed expression that produces the screen
displays. If the copyright in the source codeprogram and the screen displays are owned
by the same claimant, the program and any related screen displays may be registered
with the same application. The U.S. Copyright Office will not knowingly issue a separate
registration for a computer program and the screen displays that may be generated by
that program. Nor willLikewise, the Office will not issue a supplementary registration
that purports to add a claim in screen displays to a basic registration for a computer
program.
By contrast, if the copyright in the code and the screen displays are owned by different
parties, separate applications will be required. The computer program should be
registered as a literary work, while the screen displays should be registered as an
audiovisual work, a pictorial work, or a graphic work, as appropriate.
If the applicant states “computer program” in the Author Created/New Material
Included fields or in spaces 2 and 6(b), the registration will cover the copyrightable
expression in the program code and any copyrightable screen displays that may be
generated by that code, even if the applicant did not mention the screen displays andor
even if the deposit copy(ies) do not contain any screen displays. By contrast, if an
applicant states “screen displays” in these portions of the application, the registration
will not cover the computer program unless the applicant also asserts a claim in the
“computer program” and submits an appropriate deposit. See Registration Decision:
Registration and Deposit of Computer Screen Displays, 53 Fed. Reg. 21,817, 21,819-20
(June 10, 1988).
This rule does not apply to the hypertext markup language (“HTML”) code for a website,
because HTML is not a computer program or source code. If the applicant submits an
application to register HTML code, the registration may cover the HTMLcode itself, but
it does not cover any of the content that may appear on the website unless the applicant
submits a copy of the website content and expressly asserts a claim in that material. For
a discussion of HTML code, see Chapter 1000, Section 1006.1(A).
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721.10(B) 	Copyrightable Authorship in Screen Displays
When asserting a claim in screen displays, the claim should be limited to the new
material that appears in the screen displays, the applicant should provide the name of
the author who created that material, and the applicant should provide the name of the
claimant who owns the copyright in that material. The Literary Division may accept a
claim in “text” if the screen displays contain a sufficient amount of textual expression
that is not a part of the code, or a claim in “artwork” and/or “photograph(s)” if the
screen displays contain a sufficient amount of artwork or photos that are not generated
by the computer program. When completing an online application, this information
should be provided in the Author Created field, and if applicable, also in the New
Material Included field. When completing a paper application on Form TX, this
information should be provided in space 2, and if applicable, also in space 6(b). For
guidance on completing these portions of the application, see Chapter 600, Sections
618.4 and 621.8.
A registration for a computer program covers the copyrightable expression that appears
in any screen that may be generated by the program, even if the applicant does not
submit identifying material depicting the screen displays or merely submits a
representative sampling of those displays. If the screen displays as a whole do not
contain copyrightable authorship, the registration specialist may communicate with the
applicant or may refuse registration. For example, if the claim is based solely on the
layout or format of a screen or if the deposit copy(ies) consist solely of blank forms, de
minimis menu screens, or other elements that are purely functional, registration will be
refused. See Registration Decision: Registration and Deposit of Computer Screen
Displays, 53 Fed. Reg. 21,817, 21,819 (June 10, 1988).
721.10(C) 	Deposit Requirements for Screen Displays
For a discussion of the deposit requirements for computer screen displays, see Chapter
1500, Section 1509.1(C)(67).
721.11 	User Manuals and Other Documentation for a Computer Program
User manuals, instructional booklets, flowcharts, and other documentation that explain
the development or operation of a computer program may be registered with the U.S.
Copyright Office, provided that they contain a sufficient amount of original authorship. If
text is the predominant form of authorship, the work may be registered as a
nondramatic literary work. If the predominant form of authorship consists of artwork,
illustrations, or photographs, the work may be registered as a work of the visual arts. If
the predominant form of authorship consists of audiovisual material, the work may be
registered as a work of the performing arts. See 37 C.F.R. § 202.3(b)(1)(i)-(iii).
If the claimant owns the copyright in the physically bundled a computer program and
the together with a user manual or other, documentation, or other elements for that
program, and if the claimant physically bundled these items together and distributed
themdistribution to the public as a single, integrated unit (such as a shrink-wrapped box
containing a disk and booklet),, it may be possible to register them togetherthe works
with one application and one filing fee. if all the works were first published in that
integrated unit and if the claimant owns the copyright in those works. For information
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concerning thisthe unit of publication option, see Chapter 1100, Section 1107. By
contrast, if the program and the documentation are distributed online, if they are
distributedcomputer program was first published separately from each the user manual
or other, documentation or if theythe program and the other material are owned by
different claimants, each element is considered a separate work and a separate
application for each element is required.
When asserting a claim in a user manual or other documentation, the claim should be
limited to the new material that appears in the work, the applicant should provide the
name of the author who created that material, and the applicant should provide the
name of the claimant who owns the copyright in that material. The Literary Division
may accept a claim in “text” if the work contains a sufficient amount of written
expression, or a claim in “artwork” and/or “photograph(s)” if the work contains a
sufficient amount of pictorial or graphic expression. When completing an online
application, this information should be provided in the Author Created field, and if
applicable, also in the New Material Included field. When completing a paper application
on Form TX, this information should be provided in space 2, and if applicable, also in
space 6(b). For guidance on completing these portions of the application, see Chapter
600, Sections 618.4 and 621.8.
For a discussion of the deposit requirements for user manuals and other documentation,
see Chapter 1500, Section 1509.1(C)(78).
722 	Apps
An “app” is a computer program that is used directly or indirectly in a computer or
handheld electronic device. An app may be registered if it contains a sufficient amount
of original authorship in the form of statements or instructions that bring about a
certain result in the computer or device.
When asserting a claim in an app, the applicant should provide the name of the author
who created the work. Specifically, the applicant should provide the name(s) of the
person(s) or organization(s) who created the source code for the specific version of the
app that the applicant intends to register. In addition, the applicant should provide the
name of the claimant who owns the copyright in that version.
“Computer program” is the most appropriate term for registering a claim in an app. As
discussed in Section 721.9(F), this term should be provided in the Author Created field,
and if applicable, also in the New Material Included field of the online application. When
completing a paper application on Form TX, this information should be provided in
space 2, and if applicable, also in space 6(b).
If the applicant registers the app as a computer program and submits identifying
portions of the source code for that program, the registration will cover any
copyrightable screen displays generated by that work, provided that the app and the
screen displays are owned by the same claimant. If the applicant expressly asserts a
claim in the text, artwork, or screen displays generated by an app, the applicant must
submit a representative samplingan appropriate copy of those screen displays together
with the identifying portions of the source code.
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For guidance in completing the application, see Section 721.9. For a discussion of the
deposit requirements for computer programs and screen displays, see Chapter 1500,
Sections 1509.1(C)(1) through 1509.1(C)(67).
723 	Computer Programs That Generate Typeface, Typefont, or Barcodes
Typeface and mere variations of typographic ornamentation or lettering are not
copyrightable. 37 C.F.R. § 202.1(a), (e).
A computer program that generates bar codes or a particular typeface, typefont, or
letterform may be registered if the program contains a sufficient amount of original
authorship in the form of statements or instructions to a computer. For example,
creating a scalable font output program that produces harmonious fonts consisting of
hundreds of characters may require numerous decisions in drafting the instructions that
drive a printer or other output device. If this expression contains a sufficient amount of
original authorship, the work may be registered as a computer program. However, the
registration would not cover any bar codes, typeface, typefont, letterform, or mere
variations of typographic ornamentation or lettering that may be generated by the
program. See Registrability of Computer Programs that Generate Typefaces, 57 Fed. Reg.
6201, 6202 (Feb. 21, 1992).
When asserting a claim in a computer program that generates typeface, typefont,
letterform, or barcodes, the applicant should identify the author(s) thatwho created the
work. Specifically, the applicant should provide the name of the person(s) or
organization(s) thatwho created the source code for the program. The registration
specialist may communicate with the applicant if it appears that the author merely
assigned coordinates to a particular letterform and then used a third party program to
render typeface or typefont from those coordinates (but did not create any of the source
code for that program).
“Computer program” is the most appropriate term for registering a claim in this type of
work. As discussed in Section 721.9(F), this information should be provided in the
Author Created field, and if applicable, also in the New Material Included field. When
completing a paper application on Form TX, this information should be provided in
space 2, and if applicable, also in space 6(b). The U.S. Copyright Office will not accept an
application that asserts a claim in the “entire work,” “entire computer program,” “entire
text,” or the like, because these statements suggest that the applicant may be asserting a
claim in both the copyrightable and uncopyrightable elements of the program. See 57
Fed. Reg. at 6202.
To register a computer program that generates typeface, typefont, letterform, or
barcodes, the applicant must submit a portion of the source code for that program. If the
applicant merely submits a representation of the characters generated by the program
without providing any code, the registration specialist will communicate with the
applicant. For a discussion of the deposit requirements for computer programs, see
Chapter 1500, Section 1509.1(C).
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724 	Diagrams, Models, Outlines, Pseudocode, and Other Types of Works
That Illustrate or Describe a Computer Program
Diagrams, models, outlines, pseudocode, or other types of works that illustrate or
describe the structure or order of operation for a computer program may be registered
with the U.S. Copyright Office, provided that they contain a sufficient amount of original
authorship. However, such illustrations or descriptions may not be claimed as computer
programs.
The Literary Division may accept a claim in “text” if the work contains a sufficient
amount of written expression, or a claim in “artwork,” “photograph(s),” “technical
drawing,” or “graphic work” if the work contains a sufficient amount of pictorial or
graphic expression. When completing an online application this information should be
provided in the Author Created field, and if applicable, also in the New Material Included
field. When completing a paper application on Form TX, this information should be
provided in space 2, and if applicable, also in space 6(b). For guidance on completing
these portions of the application, see Sections 721.9(F) and 721.9(G). When asserting a
claim in these types of works, the applicant should provide the name of the author who
created the work and the name of the claimant who owns the copyright in that work.
A registration for this type of work covers the copyrightable expression that appears in
the deposit copy(ies). However, it does not cover the computer program that may be
described in the deposit copy(ies) unless the applicant expressly asserts a claim in the
program and submits an appropriate selection of source code.
As a general rule, these types of works do not contain “statements or instructions” that
may be used “directly or indirectly in a computer in order to bring about a certain
result,” nor do they contain any executable program code. 17 U.S.C. § 101 (definition of
“computer program”). In some cases, they may represent nothing more than an “idea,
procedure, process, system, method of operation, concept, principle, or discovery.” 17
U.S.C. § 102(b). Therefore, if an applicant attempts to register a diagram, model, outline,
or other type of work as a computer program, the registration specialist may
communicate with the applicant or may refuse to register the claim.
725 	Spreadsheets, Reports, and Other Documents Generated
by a Computer Program
Spreadsheets, reports, or other documents generated by a computer program may be
registered with the U.S. Copyright Office if they contain a sufficient amount of original
authorship. When asserting a claim in this type of work, the applicant should limit the
claim to the copyrightable material that appears in the deposit copy(ies), the applicant
should provide the name of the author who created that material, and the name of the
claimant who owns the copyright in that material. The Literary Division may accept a
claim in “text” if the deposit copy(ies) contain a sufficient amount of written expression,
or a claim in “artwork” if the deposit copy(ies) contain a sufficient amount of pictorial or
graphic expression.
A computer program that may be used to generate spreadsheets or to perform
calculations or other functions within a spreadsheet, report, or other document may be
registered, provided that the applicant expressly asserts a claim in the “computer
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program” and submits an appropriate selection of source code. When completing an
online application, this information should be provided in the Author Created field, and
if applicable, also in the New Material Included field. When completing a paper
application on Form TX, this information should be provided in space 2, and also in
space 6(b) if applicable. For guidance on completing these portions of the application,
see Sections 721.9(F) and 721.9(G).
A claim in “text” or “artwork” covers the copyrightable expression that appears in the
deposit copy(ies), but it does not cover the computer program that may be used to
perform calculations or other functions within a spreadsheet, report, or other document.
While these types of documents may contain statements or instructions that may be
used directly or indirectly in a computer in order to bring about a certain result, in most
cases the code that performs those functions was created by the author of the authoring
tool, rather than the author of the document itself. Therefore, if an applicant attempts to
register a spreadsheet, report, or other document as a computer program but fails to
submit an appropriate selection of source code, the registration specialist may
communicate with the applicant or may refuse to register the claim.
A spreadsheet, report, or other document may be registered as a compilation if the
author exercised a sufficient amount of creativity in selecting, coordinating, and/or
arranging the algorithms or other information that appears within the deposit copy(ies).
When asserting a claim in a compilation, the applicant should provide the name of the
author who created the selection, coordination, and/or arrangement that the applicant
intends to register, and the applicant should assert a claim to copyright in that material
by using the procedure described in Chapter 600, Section 618.6.
As discussed in Section 710, a registration for a compilation covers the author’s
selection, coordination, and/or arrangement of information, but it does not cover any of
the information that appears in the deposit copy(ies). See 17 U.S.C. § 103(b). It does not
cover the authoring tool that was used to create the work, nor does it cover any “idea,
procedure, process, system, method of operation, concept, principle, or discovery” that
is reflected or implemented in the work. 17 U.S.C. § 102(b). In some cases, it may be
unclear whether the applicant intends to register a spreadsheet, report, or other
document as a compilation or simply intends to register the information that appears in
the document itself. The fact that the deposit copy(ies) contain fictitious data may
indicate that the applicant is asserting a claim in selection, coordination, and/or
arrangement authorship, rather than a claim in any copyrightable material in the
deposit copy(ies). By contrast, if the deposit copy(ies) contain data that has been
entered by an actual user, it may be unclear whether the applicant is asserting a claim in
a compilation or a claim in any copyrightable text or artwork that may appear in the
deposit.
In all cases, the authorship that the applicant intends to register should be clearly
identified in the application, and the claim to copyright in that authorship should be
clearly stated. Examples of unclear terms that will prompt the registration specialist to
annotate the application or to communicate with the applicant include “template” and
“data.”
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Examples:
• 	The Office receives an application to register a report titled 2013
Annual Report of Tanley Corporation. In the Author Created field the
applicant asserts a claim in “text,” “artwork,” and “coordination and
arrangement of financial data.” The registration specialist will
register the claim. The application is clearly limited to the text,
artwork, and compilation that appears in the report itself, but does
not extend to the authoring tool used to create that report.
• 	The Concordia Company submits an application to register a
spreadsheet that contains various graphs and tables of information.
In the Author Created and New Material Included fields the
applicant asserts a claim in “text” and “artwork.” The applicant
excludes the authoring tool from the application by checking the
box for “computer program” in the Material Excluded field. The
registration specialist will register the claim.
• 	Olympian Human Resources submits an application to register a
report containing dozens of columns and rows. In the Author
Created field the applicant asserts a claim in “text.” In the Note to
Copyright Office field, the applicant explains that the report was
“created using MicroSoft Access.” The registration specialist may
add this information to the Material Excluded field and register the
claim with an annotation, such as: “Regarding material excluded:
information added from Note to C.O.”
• 	AutoCrat LLC submits an application to register a spreadsheet that
contains graphs, tables of information, explanatory text, as well as
various formulas, such as “SUM (b12, c12, d12)/d13.” In the Author
Created and New Material Included fields the applicant asserts a
claim in “text.”,” “artwork,” and “computer program.” In the Material
Excluded/Other field the applicant explains that the spreadsheet
“uses Excel 5.2.” The registration specialist will conclude that
AutoCrat created the spreadsheetprogram using Excel 5.2 as an
authoring tool. The claim will be registered.
• 	DentalSoft submits an application for a work titled PatientCare. In
the Author Created field the applicant asserts a claim in “Report and
data to help dentists manage their practices.” The deposit is a
spreadsheet that appears to contain fictitious data; no source code
has been submitted. The registration specialist will communicate
with the applicant. It is unclear whether the applicant intends to
register a computer program that generates these types of reports
or intends to register the selection, coordination, and/or
arrangement of data that is reflected in the deposit.
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726 	Videogames
The U.S. Copyright Office may issue separate registrations for the audiovisual material in
a videogame and the computer program that generates that material. For a discussion of
the practices and procedures for registering a videogame, see Chapter 800, Section
807.7(A).
727 	Databases
This Section discusses the practices and procedures for obtaining a registration for a
specific version of a single-file or multi-file database. In the case of an unpublished
database, an applicant may register all of the copyrightable material that appeared in
the database as of the date that the registration materials are received in the U.S.
Copyright Office. In the case of a published database, an applicant may register all of the
copyrightable material that was first published on the date specified in the application.
A registration for a specific version of a database does not cover any previously
published or previously registered content that may be included in the database.
Likewise, a registration for a specific version of a database does not cover any
subsequent updates or revisions that may be made to the database (regardless of
whether the database is published or unpublished). Instead, the Office has established a
special procedure that allows applicants to register a database together with the
subsequent updates or revisions that were made to that database within a period of
three months or less. The requirements for this group registration option are discussed
in Chapter 1100, Section 1117.6.
727.1 	What Is a Database?
For purposes of copyright registration, a “database” is defined as a compilation of digital
information comprised of data, information, abstracts, images, maps, music, sound
recordings, video, other digitized material, or references to a particular subject or
subjects. In all cases, the content of a database must be arranged in a systematic manner,
and it must be accessed solely by means of an integrated information retrieval program
or system with the following characteristics:
• 	A query function must be used to access the content.
• 	The information retrieval program or system must yield a subset of the content, or it
must organize the content based on the parameters specified in each query.
A single-file database is a database comprised of one data file that contains a group of
data records pertaining to a common subject, regardless of the size or amount of the
data that the records contain. A multi-file database is a database comprised of separate
and distinct groups of data records covering multiple subjects. A data record contains all
of the information related to a particular unit of information within a database. A “data
file” is defined as a group of data records pertaining to a common subject matter,
regardless of the size of the records or the amount of data they contain. 37 C.F.R. §
202.20(c)(2)(vii)(D)(2).
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As a general rule, databases are considered machine-readable works, because they are
fixed or published in optical discs, magnetic tapes, or similar storage media, and as a
result they cannot be perceived without the aid of a machine or device.
Websites may contain databases, but they are not considered databases for the purpose
of copyright registration. As discussed above, users retrieve sets of data or other content
from a database by using a query function that fetches content that matches the criteria
specified by the user. By contrast, users retrieve content from a website by using a
browser function that allows the user to locate and link to the specific pages of the
website where information or content is stored.
727.2 	Copyrightable Authorship in Databases
The legislative history for the Copyright Act states that “computer databases” may be
protected by copyright “to the extent that they incorporate authorship in the
programmer’s expression of original ideas, as distinguished from the ideas themselves.”
H.R. R EP . N O . 94-1476, at 54 (1976), reprinted in 1976 U.S.C.C.A.N. at 5667. Single-file or
multi-file databases typically contain the following forms of authorship:
• 	The selection authorship involved in choosing the material or data that is included
in the database.
• 	The coordination authorship involved in classifying, categorizing, ordering, or
grouping the material or data.
• 	The arrangement authorship involved in determining the placement or
arrangement of the material or data within the database as a whole.
• 	The authorship involved in creating the material or data that appears within the
database.
Each form of authorship may be registered with the Office, provided that the database
contains a sufficient amount of original expression and provided that the claimant owns
the copyright in that material.
727.3 	Application Tips for Databases
A single-file or multi-file database may be registered as a literary work if the
predominant form of authorship in the work consists of text. A database may be
registered as a work of the visual arts if the predominant form of authorship consists of
photographs or other forms of pictorial authorship.
As a general rule, an applicant may register a specific version of a database by
submitting an online application. However, if the applicant intends to register a
database that predominantly consists of photographs, the applicant must contact the
Visual Arts Division at (202) 707-8202 to coordinate the filing and to obtain proper
guidance concerning the information that should be included in the online application
and the proper method for submitting the deposit copies. Applicants will be permitted
to file an online application for a photographic database only if they obtain
authorization from the Visual Arts Division and follow the instructions from the
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Division. See 37 C.F.R. §§ 202.3(b)(5)(ii)(A), 202.3(b)(10)(xi), 202.20(c)(2)(vii)(D)(8);
see also Registration of Claims to Copyright, 76 Fed. Reg. 4072, 4075 (Jan. 24, 2011), .
In the alternative, an applicant may register a specific version of a database with a paper
application. The applicant should use the form that is most appropriate for the subject
matter of the works that appear in the database. See 76 Fed. Reg. at 4074. For example, if
the works in the database consist primarily of words, numbers, or other verbal or
numerical symbols or indicia, the applicant should use Form TX. If the works consist
predominantly of photographs, the applicant should use Form VA. Id.
NOTE: The online application may be used to register a group of updates or revisions for
a database that predominantly consists of photographs, but it cannot be used for
updates or revisions for any other type of database. For a discussion of the application
requirements for this group registration option, see Chapter 1100, Section 1117.4.
727.3(A) 	Name of Author / Name of Claimant
The applicant should provide the name of the author(s) who created the specific version
of the database that the applicant intends to register. In addition, the applicant should
provide the name of the claimant who owns the copyright in that version. When
completing an online application the applicant should provide this information on the
Author and Claimant screens; when completing a paper application the applicant should
provide this information on spaces 2 and 4.
For guidance on completing these portions of the application, see Chapter 600, Sections
613 and 619. For guidance on identifying the author of a work made for hire, see
Chapter 600, Section 614.
727.3(B) 	Year of Completion
The applicant should identify the year that the author completed the specific version of
the database that is submitted for registration (even if other versions exist and even if
the author intends to update or revise the database in the future).
For guidance on completing this portion of the application, see Chapter 600, Section 611.
727.3(C) 	Date of Publication / Nation of Publication / Author’s Citizenship or Domicile
If the version that the applicant intends to register has been published as of the date that
the application is filed with the U.S. Copyright Office, the applicant should provide the
month, day, and year that the version being registered was published for the first time.
As a general rule, the applicant should provide a date of first publication only for the
specific version that is being submitted for registration. The applicant should not
provide a date of publication for the first version of the database or any other version of
the database that is not included with the application.
In addition, the applicant should identify the nation where the database was first
published and the author’s country of citizenship or domicile. The Office will use this
information to determine whether the database is eligible for copyright protection in
the United States. For a definition and discussion of the nation of first publication, see
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Chapter 600, Section 612.5. For a definition and discussion of the author’s citizenship
and domicile, see Chapter 600, Section 617.
727.3(D) 	Asserting a Claim to Copyright in a Database
In all cases, 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 onin the
Author Created screen in the field marked Other. When completing a paper application,
this information should be provided in space 2 under the heading marked Nature of
Authorship. For guidance on completing this portion of the application, see Chapter 600,
Sections 618.4.
If the applicant intends to register the authorship involved in selecting, coordinating,
and/or arranging the material that appears in the database, the applicant may use any of
the terms listed below, provided that they accurately describe the copyrightable
authorship that appears in the deposit copy(ies). In most cases, the Office will accept
combinations or variant forms of these terms, unless they are contradicted by
information provided in the deposit copy(ies) or elsewhere in the registration materials.
• 	Compilation of data
• 	Compilation of database information
• 	Compilation of photographs
• 	Compilation of artwork
• 	Compilation and text
• 	Revised and updated compilation
The authorship that the applicant intends to register should be clearly identified in the
application, and the claim to copyright in that authorship should be clearly stated. If the
claim to copyright is unclear, the registration specialist may communicate with the
applicant or may refuse registration. Examples of unclear terms include the following or
any combination of the following:
• 	Data dictionary
• 	Data analysis
• 	Data insertion
• 	Data layout or format
• 	Data manipulation
• 	Database features
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If the applicant asserts a claim in both the copyrightable and uncopyrightable features of
the database, the registration specialist may annotate the application to indicate that the
registration does not extend to the uncopyrightable features. If the applicant asserts a
claim to copyright in any storage medium or any feature of the database that is
uncopyrightable, the specialist may communicate with the applicant or may refuse
registration if the claim appears to be based solely on those features. Examples of
unacceptable terms include the following or any combination of the following:
• 	Database design
• 	Database interface
• 	Database structure
• 	Data system
If the applicant intends to register other copyrightable material that appears in the
database, the applicant should describe the specific form of authorship that the author
contributed to that material, such as “text,” “photographs,” “artwork,” or the like.
If the database contains an appreciablea substantial 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 by using the procedure described in Chapter 600, Section 621.8.
727.4 	Deposit Requirements
For a discussion of the deposit requirements for registering a specific version of a
single-file or multi-file database, see Chapter 1500, Section 1509.1(D).
For a discussion of the deposit requirements for registering a group of updates or
revisions for a database, see Chapter 1100, Section 1117.6.
This redline compares the Compendium (Third) released December 22, 2014, and the Compendium (Third) released September 29, 2017.