copyright-compendium-history-comp-compendium-two•Compendium II – 1984 (394 pages plus index)
Compendium II – 1984 (394 pages plus index)
copyright-compendium-history-comp-compendium-twoCompendium II – 1984 (394 pages plus index)Guidance
L COMPENDIUM II COMPENDIUM OF COPYRIGHT OFFICE PRACTICES Under the Copyright Law Which Became Fully Effective on January 1, 1978, Including Title 17 of the United States Code and Amendments Thereto COPYRIGHT OFFICE THE LIBRARY OF CONGRESS WASHINGTON, D. C. 20559 1984
PRE F ACE This Compendium (designated as Compendium II) reflects Copyright Office practices under the copyright law which became fully effective on January 1, 1978, including Title 17 of the united states Code and amendments thereof. An earlier Compendium (now called Compendium I) was issued a number of years ago to reflect Copyright Office prac tices under the copyright Act of 1909, as amended. Compendium I applies to Copyright Office actions, in situations which it covers, where the provisions of the Copyright Act of 1909, as amended, are dispositive. The Compendium is a manual intended primarily for the use of the staff of the Copyright Office as a general guide to its examining and related practices. It is not a book of rules that is meant to provide a ready-made answer to all questions that arise. Any new case presented to the Office may require special analysis. The practices of the Copyright Office are subject to constant review and modification in the light of new experience and continuing reappraisal. Accordingly, additions, deletions, and other amendments will be made from time to time. The Copy right Office will provide an up-to-date copy of the Compendium for public inspection and copying. The Office will likewise maintain a separate record of all material withdrawn from the Compendium as superseded. Section 20l.l(b)(3) of the Copyright Office Regulations, Title 37 of the Code of Federal Regulations, which are author ized under section 702 of the current copyright law, provides for a compendium of Office practices. Copies of Compendium II are available for purchase from the Superintendent of Documents, United States Government Print ing Office, as a looseleaf publication; amendments and supple ments will be published by the Superintendent of Documents in the form of additional or replacement pages as such changes are made. Copies of the earlier Compendium (Compendium I) may be purchased from the National Technical Information Service, United States Department of Commerce. -000 [1984]
Number 100 200 300 400 500 600 700 800 900 ~ 1000 1100 1200 1300 1400 1500 1600 TABLE OF CONTENTS Title BASIC POLICIES COPYRIGHTABLE MATTER: IN GENERAL COPYRIGHTA~LE MATTER: NONDRAMATIC LITERARY WORKS COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC AND SCULPTURAL WORKS REGISTRATION PROCEDURES [IN PREPARATION] APPLICATIONS AND FEES DEPOSIT FOR REGISTRATION PUBLICATION NOTICE OF COPYRIGHT ELIGIBILITY MANUFACTURING PROVISIONS RENEWAL OF COPYRIGHT GROUP REGISTRATIONS [IN PREPARATIONJ CORRECTIONS AND AMPLIFICATIONS OF COpy RIGHT OFFICE RECORDS~ SUPPLEMENTARY REGISTRATIONS RECORDATION OF TRANSFERS AND OTHER DOCU MENTS PERTAINING TO A COPYRIGHT INDEX TO COMPENDIUM II [1984J
101 102 103 104 105 106 107 108 108.01 108.02 108.03 108.04 108.05 108.06 108.07 108.08 108.09 108.10 108.11 109 109.01 109.02 109.03 109.04 109.05 109.06 Chapter 100 BASIC POLICIES Outline of Topics Basic policies. The constitutional provision. The copyright law. The Copyright Office. Statutory authority for examination. Copyright Office Regulations. The establishment, maintenance, and availability of a pUblic record. The examination process. Nature of examination. Scope of examination. Comparison of works. Extent of copyright claims. Factual determinations. Adverse claims. Rule of doubt. Cautionary or warning letters. Refusal to register. Obscene or pornographic works. Works containing classified information. Communications between the applicant and the Copyright Office. In general. Copyright Office communications. Opinions and advice. One letter concerning more than one application. Communications from applicants. Languages. - 1 [1984]
Chapter 100 BASIC POLICIES outline of Topics - 2 110 110.01 110.02 110.03 110.04 110.05 110.06 110.07 III 112 [1984] Applicants. Minors. Mental incompetents. Prisoners. Paupers. Agents. Attorneys. False representation. Territorial limitations. Recordations and Import Statements.
CHAPTER 100 BASIC POLICIES 101 102 103 104 Basic policies. Set forth below are the policies upon which the examining and related practices of the Copyright Office are based. The constitutional provision. The Constitution of the United States provides, in Article 1, Section 8, that the "Congress shall have Power • • • To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The copyright law. The U.S. copyright law is based upon the above provision of the Consti tution, especially as it relates to the "Writings" of "Authors." The current copyright law is the Copyright Act which became fully effective on January 1, 1978, including Title 17 of the United States Code, and amendments thereof. The previous law was the Copyright Act of 1909, as amended. The Copyright Office. The copyright law provides that all administrative functions and duties which it imposes are, except as otherwise specified, the responsibility of the Register of Copyrights as director of the Copyright Office of the Library of Congress and that the Register, together with sub ordinate officers and employees of the Office, shall be appointed by the Librarian of Congress and shall act under the Librarian's general direction and supervision. See 17 U.S.C. 701(a}. The Copy right Office is a department of the Library of Congress, and the Register of Copyrights is also Assistant Librarian of Congress for Copyright Services. In addition to its principal function, which is the performance of all duties relating to the registration of copyrights, the policies and practices of the Copyright Office are also designed to promote the overall objectives of the Library of Congress. See the Library of Congress Regulations, LCR 215. 100-1 [1984]
100-2 105 106 107 authorit for examination. Section 410 a of the current law specifies that when, "after examination, the Register determines that • • • the material deposited constitutes copyright able subject matter and that the other legal and formal requirements • • • have been met, the Register shall register the claim and issue to the applicant a certificate of registration under the seal of the Copyright Office." Section 4l0(b) provides that in "any case in which the Register of copyrights determines that • • • the material deposited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, the Register shall refuse registration and shall notify the applicant in writing of the reasons for such refusal." Section 20s(a) states that any "transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Copyright Office." These provisions, together with other pertinent sections of the law, constitute the statutory basis for the examining and related practices of the copyright Office. Copyright Office Regulations. The Register of Copyrights is authorized by section 702 of the copyright law to establish, subject to the approval of the Librarian of Congress, regulations not inconsistent with law for the administration of the functions and duties made the responsibility of of the Register. The Copyright Office Regulations, including those relating to examination, registra tion, and recordation, are embodied in Title 37 of the Code of Federal Regulations. The establishment, maintenance, and availability of a public record. The foregoing constitute the basis for the establishment and maintenance by the Copyright Office of a reliable and useful public record which includes all registrations of copy right claims and recordations of documents pertaining to copyrights. This record is made available to the public by the Copyright Office through (1) the issuance of certificates of copy right registration which attest that registration [1984]
107 108 100-3 108.01 The establishment, maintenance, and availability of a public record. (contid) has been made and which may constitute prima facie evidence of the validity of the copyright and of the facts stated in the certificate, (2) the publication of the Catalogs of Copyright Entries, which provide the basic facts of registration for all registered works, (3) the issuance of certi ficates certifying that transfers of copyright ownership or other documents pertaining to copy rights have been recorded, (4) the issuance of certified copies of applications, deposit copies, documents, and various other materials submitted to the Copyright Office in connection with registra tions and recordations, (5) the maintenance in the Copyright Office of the Copyright Card Catalog, for pUblic use in searching for completed registrations and recorded documents, and (6) the providing of a Copyright Office reference service to furnish, by means of written search reports, the facts of registration and recordation contained in the files of the Office. This system depends, for its reliability and usefulness, primarily upon the examination process. The examination process. The examination process, which is the principal means of creating and main taining a reliable and useful public record, includes the examination of (1) the copies or phonorecords of works submitted for registration, (2) the application for registration, (3) all other material and correspondence submitted with the claim, and (4) copies of any Copyright Office correspondence relating to the registration of the claim. Nature of examination. Examination is made to determine (1) whether or not the work for which registration is sought constitutes copy rightable subject matter and (2) whether or not the other legal and formal requirements have been met, including those set forth in the Copyright Office Regulations and in the Com pendium of Copyright Office Practices. [1984]
108 100-4 The examination process. (cont'd) 108.02 108.03 108.04 108.05 108.05(a) Scope of examination. The Copyright Office registers claims to copyright whenever the requirements of the law appear to be met. It does not grant copyrights. Comparison of works. The Copyright Office does not generally make comparisons of copyright deposits to determine whether or not particular material has already been registered. Extent of copyright claims. In general the registration of a claim to copyright is con sidered to extend to all the component parts of the work which are the subject matter of copy right and in which the applicant has the right to claim on the basis of the particular appli cation under consideration. Where part of the work was previously published or was covered by a previous registration, the copyright claim as reflected in the application should generally be limited to the new material covered by the claim being registered. Also, where a work contains material which is unpublished and unregistered, and where the claim does not extend to such material, the application should reflect this limitation in the scope of the registration. Moreover, the coverage of a registration cannot, subject to certain exceptions, extend beyond the material deposited to make that registration. Factual determinations. In connection with its examining and related activities, the Copyright Office does not ordinarily make findings of fact with respect to publication or any other thing done outside the Copyright Office. Requests for explanation. The Copyright Office reserves the right to request, in appropriate cases, explanations of state ments made by an applicant. [1984J
L 100-5 108 108.05 108.05(b) 108.06 108.07 108.08 The examination process. (cont'd) Factual determinations. (cont'd) Administrative notice. The Copyright Office may take notice of matters of general knowledge. It may use such knowl edge as the basis for questioning applica tions that appear to contain or be based upon inaccurate or erroneous information. Adverse claims. The sequence of receipt in the Copyright Office of separate claims by two or more applicants plays no part in determining registrability. Where the Copyright Office is aware that two or more persons or organizations are adversely claiming copyright in, and are seeking separate registrations for, the same material, the Office may inform each applicant of the existence of the other claim(s) and inquire concerning the basis of each claim. All such claims will be registered if they are reasserted and if they are in order as con firmed by the response to the Copyright Office inquiry. The Copyright Office does not conduct "opposition" or "interference" proceedings such as those provided by the Federal trademark and patent laws. The rule of doubt. The Copyright Office will register the claim even though there is a reasonable doubt about the ultimate action which might be taken under the same circum stances by an appropriate court with respect to whether (1) the material deposited for registration constitutes copyrightable subject matter or (2) the other legal and formal requirements of the statute have been met. Cautionary or warning letters. When regis tration is made under the rule of doubt, the Copyright Office will ordinarily send a letter to the applicant cautioning that the claim may not be valid and stating the reason: and such letter may warn, where appropriate, that the [1984J
100-6 108 108.08 108.09 108.10 108.11 The examination process. (cont'd) Cautionary or warning letters. (cont'd) problem may exist for future works and point out how it can be avoided. The Office may send the letter and withhold the application until specifically authorized by the applicant to make registration, or it may make registra tion before sending the letter. Refusal to register. The Copyright Office will not register a claim where (1) the material deposited does not constitute copyrightable subject matter or (2) the claim is invalid for any other reason. See also section 108.07 above concerning the rule of doubt. The Office will notify the applicant in writing of the reasons for such refusal. Obscene or pornogra~hic works. The Copyright Office will not ordlnarily attempt to examine a work to determine whether it contains material that might be considered obscene or pornographic. Works containing classified information. When, in examining or processing materials received in the Copyright Office, it is noted that such material contains, or reasonably appears to contain, information classified by the u.S. Government for such reasons as national defense or national security, (1) the appropriate security official of the Library of Congress should be immediately notified through super visory channels, (2) the material should be held or disposed of in accordance with instructions from that official, and (3) the examination or other processing of the material by the Copyright Office should be suspended until the matter is resolved. Communications between the applicant and the Copy right Office. Communications between the Copyright Office and applicants may be by letter or other written means, by telephone, or by personal inter view. [1984] 109
100-7 109 109.01 109.02 109.03 109.04 109.05 Communications between the applicant and the Copy right Office. (cont'd) In general. As a general policy the Copyright Office may register claims without communica ting with the applicant whenever possible. The Copyright Office will communicate with the applicant before registration only when the claim as a whole is not in substantial compli ance with the practices of the Copyright Office as reflected in this Compendium. cop~right Office communications. All Copyright Off1ce communications should be clear in meaning, concise in statement, and polite in tone. Opinions and advice. Copyright Office communi cations that result from the examination of claims should be limited to questions concern ing registration and related matters. They should conform to the general policy of the Copyright Office by avoiding the expression of opinions or the offer of advice on such matters as the rights of persons in connection with contracts or alleged infringements. Also, there should be no offer or undertaking to resolve disputes concerning conflicting claims to copyright or similar matters. See section 108.06 above, concerning adverse claims. One letter concerning more than one applica tion. When more than one application is sub mitted to the Copyright Office by an applicant in one package, the Office will ordinarily attempt to deal in a single letter with all of those applications which require correspon dence, rather than produce a separate letter for each one. Also, the Office may deal in one letter with materials received separately from a single applicant. Communications from applicants. The Copyright Office will generally consider all statements and materials submitted by applicants. However, any abusive or scurrilous written materials [1984J
100-8 109 Communications between the applicant and the Copy right Office. (contid) 109.05 Communications from applicants. (cont'd) directed to the Office or any of its employees will be returned unanswered~ see 37 C.F.R. 20l.2(c)(4). Similarly, Copyright Office employees will terminate any conversation or interview, if an applicant makes abusive or scurrilous statements, or engages in threatening behavior. 109.06 Languages. The Copyright Office will ordi narily write to applicants only in the English language and will ordinarily conduct conver sations and interviews with applicants only in English. As a general rule, the Office is willing to entertain applications and record documents that are in languages other than English, and to deal with correspondence from applicants which is in a language other than English. In special cases, however, the Office may require the submission of an English translation of statements on applications, documents, or correspondence before it takes action. 110 Applicants. The applicant for registration may be the author or other copyright claimant, or the owner of exclusive right(s) in the work. Moreover, a duly authorized agent may apply for registration on behalf of such author, claimant, or owner. 110.01 Minors. The author, claimant, or owner can be a minor, even though State law may regulate or control business dealings involving minors. The Copyright Office will generally accept an application submitted either by a minor or by the minor's parents or guardian, if it is otherwise in order. 110.02 Mental incompetents. The author, claimant, or owner can be a mentally incompetent person. If a committee or guardian has been appointed for a person adjudged to be incompetent, such committee or guardian should generally serve as agent of the applicant. [1984]
110 100-9 Applicants. (cont'd) 110.03 110.04 110.05 110.06 Prisoners. The author, claimant, or owner can be an inmate of a prison or other penal insti tution. The Copyright OFfice will generally accept an application submitted by such a person as applicant, if it is otherwise in order. Paupers. There is no provision of law which requires or permits the waiver or reduction of the registration fee or any other registration requirement of the copyright law on the grounds that the applicant is a pauper or is otherwise impecunious. Agents. Any duly authorized agent may act on behalf of the applicant. The Copyright Office will generally accept the statement of a person that he or she is acting as the agent of the author, claimant, or owner. However, the Office may, in special cases, request such agent to submit documentation showing that he or she is empowered to act for the author, claimant, or owner. Where such author, claimant, or owner is other than a natural person (for example, where a corporate entity is the claimant), the application must be sub mitted by a natural person acting as agent. The name of a corporate entity or other organi zation is not acceptable as the signature of the applicant or agent unless it is accompanied by the signature of a natural person authorized to sign on behalf of such entity or organiza tion. Attorneys. The Copyright Office does not require that the author, claimant, or owner be represented by an attorney, although the Office may suggest in special cases that the applicant consider seeking the advice of an attorney. No special qualifications or test is imposed on lawyers as a condition to dealing with the Copyright Office. [1984J
110 100-10 Applicants. (cont'd) 110.07 III 112 [1984J False representation. The copyright law pro vides that any person who knowingly makes a false representation of a material fact in an application for registration, or in any written statement filed in connection with an appli cation, shall be guilty of a criminal offense and shall be fined not more than $2,500. See 17 U.S.C. 506(e). Territorial limitations. The u.S. copyright law has no extraterritorial effect in that generally its provisions with respect to infringement extend only to violations occurring in the United States. Since the practices of the Copyright Office spring solely from the U.S. law, ordinarily the Compendium of Copyright Office Practices deals only with U.S. copyright, unless it expressly states otherwise. Recordations and Import Statements. The basic policies set forth above also apply, with some few alterations and exceptions, to the recordation of transfers of copyright ownership and other docu ments pertaining to copyrights, and to requests for the issuance of Import Statements. See Chapter 1200: MANUFACTURING PROVISIONS, and Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS: SUPPLEMENTARY REGISTRATIONS. [END OF CHAPTER 100J
201 202 202.01 202.02 203 204 204.01 204.02 204.03 204.04 ~ 204.05 204.06 205 206 206.01 206.02 206.03 Chapter 200 COPYRIGHTABLE MATTER - IN GENERAL Outline of Topics Copyrightable matter: in general. original works of authorship. Originality. Authorship. Fixation. Compilations and derivative works. Compilations defined. Derivative works defined. Standards for copyrightabi1ity of compilations and derivative works. Status of compilations and derivative works unlawfully employing preexisting copyrighted material. Musical arrangements made under the compulsory license for phonorecords. Ephemeral recordings. National origin. Government works. Edicts of government. u.S. Government works. Copyrightable government works. - 1 [1984]
CHAPTER 200 COPYRIGHTABLE MATTER - IN GENERAL 201 Copyrightable matter: in general. The clause of the u.s. Constitution cited in section 102 of Chap ter 100: BASIC POLICIES, as the basis for the copy right law empowers Congress to secure to authors the exclusive right in their writings. Based on this provision, the current copyright law, which took full effect on January 1, 1978, provides that copyright protection subsists in original works of authorship fixed in any tangible medium of expression now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device; and the law specifies that works of author ship include the following categories: (l) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; and (7) sound recordings. See 17 U.S.C. 102(a}. 202 Original works of authorship. In order for a work to be the subject matter of copyright under the current law, it must be an original work of authorship. Quality, aesthetic merit, ingenuity, and uniqueness are not considered in determining the copyrightability of a work. 202.01 Originality. A work must owe its origin to the author in order for it to be original in the copyright sense. The work must neither be one in the public domain nor be copied from any other work. The work need not be II no v e l , " that is, new to the world: to be original it need only be new to the author, that is, not taken from any other source. 202.02 Authorship. In order to be an original work of "authorship,1I the work must contain at least a certain minimum amount of original creative expression. 200-1 [1984]
202 202.02 202.02(a) 202.02(b) 202.02(c) 202.02(d) 202.02(e) 200-2 original works of authorship. (cont'd) Authorship. (cont'd) De minimis. Works that lack even a certain minimum amount of original authorship are not copyrightable. Such works are often described as "de minimis," in reference to the principle embodied in the Latin maxim "de minimis non curat lex." Human author. The term "authorship" implies that, for a work to be copyrightable, it must owe its origin to a human being. Materials produced solely by nature, by plants, or by animals are not copyrightable. Ideas. The copyright law specifies that copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is de scribed, explained, illustrated, or embodied in a work. See 17 U.S.C. 102(b). JFacts and events. A fact or event, as distinguished from the manner in which it is described in a particular work, is not copyrightable. Computations and the like. To be an original work of authorship, the work must not be a mere computation based upon a concept or formula, or be the mere extrapo lation or application of an idea or system, which would always produce substantially the same result whenever done correctly by anyone. For example, the computation of interest based upon a particular rate is not copyrightable, nor is the mere trans position of music from one key to another. In connection with transposition, see Chapter 400: COPYRIGHTABLE MATTER - WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS. [1984]
200-3 202 202.02 202.02(f) 202.02(g) 202.02(h) 202.02(i) 202.02(j) [1984] original works of authorship. (cont'd) Authorship. (cont'd) Useful articles. No copyright can subsist in a " u s eful article II as defined by the copy right law. However, elements incorporated or embodied in a useful article that can be identified separately from, and are capable of existing independently of, the useful article may be copyrightable. See Chapter 500: COPYRIGHTABLE MATTER - PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS. Blank forms. Blank forms, such as time cards, graph paper, account books, bank checks, scorecards, address books, report forms, order forms, and the like, which are designed for recording information and do not in themselves convey information or contain other copyrightable matter are not copyrightable. See 37 C.F.R. 202.l(c). Information that is cornmon property. Works consisting entirely of information that is cornmon property containing no original author ship, such as, for example, standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other cornmon sources are not copyright able. See 37 C.F.R. 202.l(d). Words and short phrases. Words and short phrases such as names, titles, and slogans are not copyrightable. See 37 C.F.R. 202.0l(a) • Familiar symbols, typeface, and design of printed material. Familiar symbols or designs, and mere variations of typographic ornamentation, lettering, or coloring, are
200-4 202 202.02 202.02(j} 202.02(k} 202.02(1} 202.02(m} original works of authorship. (cont'd) Authorship. (cont'd) Familiar s mbols, t of printed material. not copyrightable. See 37 C.F.R. 202.l(a}. Typeface is not copyrightable, nor is the design, format, or layout of books and other printed material. See Chapter 300: COPYRIGHTABLE MATTER - NONDRAMATIC LITERARY WORKS. Listings. The mere listing of ingredients or contents is not copyrightable. See 37 C.F.R.202.l(a}. Characters. The copyright law does not provide for the copyright registration of characters as such. However, original works of authorship describing, depicting, or embodying a character are registrable if otherwise in order. Use of protected characters, names, and slogans. Occasionally, works incorpo rate names, titles, or slogans whose utilization is subject to restrictions by other laws. As these restrictions have nothing to do with copyright, the incorporation of these elements does not prevent registration. Where the Copy right Office is aware that a use of certain elements within a work may be in violation of existing law, it may inform the applicant of the possible restric tion and direct the applicant to the agency involved. Some examples of re stricted names and characters are: "Olympic," "Olympiad," (36 U.S.C. 380); "Woodsy Owl" (I8 U.S.C. 7lla): and "Smokey Bear" (I8 U.S.C. 7ll). [1984]
203 200-5 202 202.03 [1984] original works of authorship. (cont'd) Works in the public domain. Works in the public domain in the United States cannot be the subject of u.s. copyright protection. Since such works may be copied and used by anyone insofar as the u.s. copyright law is concerned, they may be freely combined with new matter or otherwise incorporated or embodied in compilations or in abridg ments, adaptations, arrangements, drama tizations, translations, or other derivative forms. If the new matter contains sufficient original authorship to support a copyright, registration may be based on such new matter. However, in any such case, copyright extends only to the new material and does not imply any exclusive right in the public domain material. Works in the public domain include those whose once valid u.s. copyright has expired and works otherwise dedicated to the public either voluntarily or by operation of law. Also considered part of the public domain are edicts of government, which are uncopyrightable for reasons of public policy: see section 206.01 below. In addition, works of the u.s. Government, that is, works prepared by officers or employees of the u.s. Govern ment as part of such persons' official duties are not copyrightable: see section 206.02 below. Fixation. In order to be subject to copyright registration, a work must be fixed in a tangible medium of expression by or under the authority of the author. A work consisting of sounds, images, or both, that are being transmitted, is "fixed" if a fixation of the work is being made simultaneously with its transmission. See 17 U.S.C. 101 and 102. Special problems with respect to the fixation of sound recordings are treated in Chapter 400: COpy RIGHTABLE MATTER - WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS.
204 200-6 204.01 204.02 Compilations and derivative works. The copyright law specifies that the subject matter of copyright includes compilations and derivative works but that copyright for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. See 17 U.S.C. 103(a). The law also specifies (1) that copyright in a compilation or derivative work extends only to the material contributed by the author of such work and does not imply any exclusive right in the preexisting material and (2) that the copyright in such work is independent of, and does not affect or enlarge the scope, duration, or subsistence of, any copyright in the preexisting material. See 17 U.S.C. 103(b). Compilations defined. The copyright law defines a "compilation" as a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The law also states that the term "compilation" includes "collective works," which are works, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. Hence, in effect, compilations are either (1) col lective works, or (2) other compilations, the latter being works consisting of the collection and assembling of preexisting materials or data other than separate and independent works. See 17 U.S.C. 101. Derivative works defined. The copyright law defines a "derivative work" as a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, con densation, or other form in which a work may be recast, transformed, or adapted. The law also states that a work consisting of editorial [1984]
200-7 204 204.02 204.03 204.04 Compilations and derivative works. (cont'd) Derivative works defined. (cont'd) revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a derivative work. See 17 U.S.C. 101. Standards for copyrightability of compilations and derivative works. The standards for the copyrightability of compilations and derivative works include the following requirements: (I) they must be original works of authorship, and (2) they must comply with the other provisions of the law. Status of compilations and derivative works unlawfully employing preexisting copyrighted material. Copyright protection for a work employing preexisting material in which copy right subsists does not extend to any part of the work in which such material has been used unlawfully. See 17 U.S.C. 103(a). This means that where a work is based on a preexisting work, without authorization of the copyright owner and unlawfully, the new material may be subject to copyright pro tection only to the extent that it can be separated from the preexisting work. Where the new matter (such as certain editorial revisions, translations, and musical arrangements) is inextricably integrated with the preexisting work, without authorization of the copyright owner, registration for the new matter cannot be made. However, where the new matter (such as new lyrics set to an existing melody) is capable of existing separately, registration may be possible, even though the use may be an infringement of the copyright in the pre existing work. [1984]
200-8 204 204.05 204.06 205 206 206.01 Compilations and derivative works. (cont'd) Musical arrangements made under the compul sory license for phonorecords. Where phono records of nondramatic musical works are made under the compulsory license provisions of 17 U.S.C. 115, a new arrangement of the musical work may be made without the consent of the copyright owner of the preexisting work. However, such arrangement is not subject to copyright protection as a derivative work without the express consent of the copyright owner of the preexisting work. See Chapter 400: COPYRIGHTABLE MATTER - WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS. Ephemeral recordings. The copyright law pro vides that ephemeral recordings may lawfully be made of certain copyrighted works without the authority of the owners of copyright. However, transmission programs embodying such works are not subject to copyright protection as deri vative works without the express consent of the owners of copyright in the preexisting works. See 17 U.S.C. 112. National origin. The copyright law provides that all unpublished works otherwise subject to copy right protection are registrable without regard to the nationality or domicile of the author. How ever, the law provides that published works are subject to copyright protection and eligible for registration only under certain specified con ditions relating to their national origin. See Chapter 1100: ELIGIBILITY. Government works. Certain government works are subject to special rules. Edicts of government. Edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal docu ments are not copyrightable for reasons of public policy. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments. [1984J
206 200-9 Government works. 206.02 u.s. Government works. The copyright law provides that works of the u.s. Government, defined in the law as works prepared by an officer or employee of the u.s. Government as part of that person1s official duties, are not copyrightable. This provision applies to such works whether they are edicts of government or otherwise. However, the fact that a copyright may have been transferred to the u.s. Government is not determinative of its status. U.S.C. 101 and 105. Similarly, the fact that the work has been printed by the u.s. Government does not determine its copyright status. 206.02(a) Standard Reference Data Act. Under the Standard Reference Data Act, 15 U.S.C. 290e, the Secretary of Commerce may secure copyright on behalf of the United States as author or proprietor of any standard reference data that the Secretary prepares or makes available under the Act. 206.02(b) U.S. Postal Service. Works of the u.S. Postal Service, as now constituted, are not considered U.S. Government works. 206.02(c) District of Columbia. Works of the govern ment of the District of Columbia, as now constituted, are not considered U.S. Govern ment works. 206.02(d) Commonwealth of Puerto Rico. Works of the government of Puerto Rico are not considered to be u.S. Government works. 206.02(e) Territorial areas under the jurisdiction of the u.S. Government. Works of the govern ments of the "organized territories" under the jurisdiction of the u.S. Government are acceptable for registration under the rule [1984J
200-10 206 206.02 206.02(e) 206.03 [1984] Government works. (cont'd) u.s. Government works. (cont'd) Territorial areas under the jurisdiction of the u.s. Government. (cont'd) of doubt. Works of the governments of other territorial areas under the jurisdiction of the u.s. Government are considered to be U.S. Government works. See Chapter 1100: ELIGIBILITY. Government) overnment wor including State, ks. Wo local, rks or (other officers the U.S. foreign governments, are subject to registration if they are otherwise copyrightable. In addi tion, the copyright law specifies that works first published by the united Nations or any of its specialized agencies, or by the Organi zation of American States, are subject to copy right protection. See 17 U.S.C. 104(b)(3): see also Chapter 1100: ELIGIBILITY. [END OF CHAPTER 200]
301 302 303 304 305 305.01 305.02 305.03 305.04 305.05 305.06 305.07 305.08 305.09 306 306.01 306.02 307 307.01 307.02 307.03 Chapter 300 COPYRIGHTABLE MATTER: NONDRAMATIC LITERARY WORKS Outline of Topics Applicability of this chapter. Definition: literary works. Definition: nondramatic literary works. Copyrightable literary expression. Noncopyrightable material. Names, titles, slogans, and other short phrases. Ideas, methods, or systems. Measuring and computing devices. Works consisting entirely of information that is common property. Blank forms. Format or layout. Book design. Limits on copyrightability. Use of protected characters, names, slogans, symbols, and seals. Derivative works. Extent of claim. Types of nondramatic literary derivative works. Compilations. Registrability. Telephone books, directories, price lists, and the like. Coordination and arrangement. - 1 [1984]
Chapter 300 COPYRIGHTABLE MATTER: NONDRAMATIC LITERARY WORKS - 2 308 308.01 308.02 308.03 308.04 308.05 309 310 310.01 311 312 [Number 313 314 315 316 316.01 317 318 318.01 319 Collective works. In general. Collective works made for hire. Registration of collective works. Periodicals other than daily newspapers. Daily newspapers: various editions. Certain periodicals not collective works. Contributions to collective works. All rights to an independent contribution owned by claimant of collective work. Unit registration for contributions to periodi cals. Book jackets. is reservedJ. Tests and answer material for tests. Secure tests. Copyright ownership as distinct from owership of material object. Letters and diaries. Interviews. Facts, historical data, and "news." Research. Author deceased before date of creation of work. [1984J
Chapter 300 COPYRIGHTABLE MATTER: NONDRAMATIC LITERARY WORKS - 3 320 321 322 323 324 325 326 327 328 320.01 321.01 321. 02 321.03 323.01 324.01 324.02 324.03 324.04 324.05 324.06 325.01 325.02 Machine-readable works. Literary works embodied in machine-readable form. Computer programs. Source code. Object code. Relationship between source code and object code. copyrightable subject matter. Derivative computer programs. Registrability of a derivative computer program. Deposit for registration: identifying material. Title on identifying material. Notice on identifying material. Source code as best deposit. Rule of doubt. Special relief. Specific deposit examples. Completing the application form. Asserting a claim in a derivative computer program. Nature of authorship and extent of claim. Glossary of terms. Instructional booklets, flowcharts, and the like. Automated data bases. [1984]
Chapter 300 COPYRIGHTABLE MATTER: NONDRAMATIC LITERARY WORKS 301 302 303 304 305 305.01 Applicability of this chapter. This chapter concerns itself solely with nondramatic literary works. Definition: literary works. Literary works are defined 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 embod ied. 17 U.S.C. 101. Definition: nondramatic literary works. A nondramatic literary work is one that explains, describes, or narrates a particular idea, theme, or subject: it does not usually employ dialog or action to represent or give directions for rep resenting all or a substantial portion of a story as actually occurring. copyrightable literary expression. To be regis trable, a nondramatic literary work must contain at least a certain minimum amount of literary expression owing its origin to the author. See Chapter 200: COPYRIGHTABLE MATTER - IN GENERAL. Noncopyri~htable material. The following are not copyr1ghtable and therefore cannot serve as a basis for registration. Names, titles, slogans, and other short phrases. Names, titles, slogans, and other short phrases or expressions are not copy rightable, even if such expressions are novel, distinctive, or lend themselves to a play on words. Similarly, a mere listing of ingredients or contents is not copyright able. See 37 C.F.R. 202.1(a). 300-1 (1984]
305 300-2 Noncopyrightable material. (cont'd) 305.02 305.03 305.04 305.05 Ideas, methods, or systems. Ideas, methods, systems, or the like are not copyrightable, regardless of the form in which they may be described, explained, or embodied in a work. In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is de scribed, explained, illustrated, or embodied in such work. See 17 U.S.C. l02(b). Measuring and computing devices. Devices and similar articles designed for computing and measuring are not copyrightable. Common examples of such devices are slide rules, wheel dials, and nomograms that contain insufficient original literary or pictorial expression. Works consisting entirely of information that is common ~roperty. Examples of these kinds of works ~nclude standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources. However, such a work may contain sufficient copyrightable material, such as instructional text, to warrant a registration, but such a registra tion would not extend protection to the uncopyrightable material. See 37 C.F.R. 202.l(d). Blank forms. Blank forms, such as time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms, and the like, which are designed for recording informa tion, and do not in themselves convey infor mation, are not copyrightable. See 37 C.F.R. 202.l(c). However, the Copyright [1984]
300-3 305 305.05 305.06 305.07 Noncopyrightable material. (cont'd) Blank forms. (cont'd) Office will register a work containing a certain minimum amount of original, creative expression, regardless of whether the work contains uncopyrightable elements designed for simple recordation of information. Thus, textual works, such as contracts, insurance policies, and the like, and bank checks containing pictorial authorship, may be registrable if they contain a sufficient amount of original literary or artistic expression. Format or layout. Copyright does not pro tect either the general format or layout, or the idea expressed by either of these. Book design. Book designs may include choice of style and size of typeface, lead ing (space between lines of type), placement of folio (page numbers), arrangement of type on pages, and placement, spacing, and juxta position of text and illustrative matter - in short, all the physical and visual at tributes of a book. After having issued a notice of proposed rulemaking and having held a hearing, the Copyright Office decided not to change its long-standing practice of not registering claims to copyright in book design. The Office concluded that "the arrangement, spacing, or juxtaposition of text matter which is involved in book design falls within the realm of uncopyrightable ideas or concepts." See 46 Fed. Reg. 30651 (1981) • Limits on copyrightability. Certain catego ries of nondramatic literary works are not copyrightable, even though they may contain a substantial amount of textual material. They include the following: [1984] 305.08
300-4 305 305.08 305.08(a) 305.08(b) 305.08(c) [1984J Noncopyrightable material. (cont'd) Limits on copyrightability. (cont'd) Works in the public domain. Works in the public domain in the United states cannot be the subject of U.s. copyright protection. See section 203 of Chapter 200: COPYRIGHTABLE MATTER - IN GENERAL. Nondramatic literary works unlawfully employing other works under copyright protection. Nondramatic literary works that unlawfully employ another work under copyright protection are not them selves subject to copyright protection if they are inseparably intertwined with the preexisting work. See 17 U.S.C. 103(a) and H.R. Rep. 94-1476, 94th Cong., 2d Sess. 57-8 (1976). For exam ple, an unlawful English-language trans lation that cannot be separated from the original French-language version would not be registrable. However, the Copy right Office does not generally investi gate the copyright status of preexisting material or whether it has been used lawfully. Where a work unlawfully em ploys preexisting copyrighted material that is separate from the new material, the new work is registrable. Works of the U.S. Government. Works of the U.S. Government are works prepared by an officer or employee of the U.S. Government as part of that person's official duties. Ordinarily, such works are in the public domain in the United States. See section 206 of Chapter 200: COPYRIGHTABLE MATTER -- IN GENERAL.
300-5 305 Noncopyrightable material. (cont'd) 305.08 Limits on copyrightability. (cont'd) 305.0B(c) Works of the u.s. Government. (cont'd) 305.08(c)(1) Standard Reference Data Act. An exception exists under the Standard Reference Data Act (15 U.S.C. 290e) for any standard reference data that the Secretary of Commerce prepares or makes available under the Act. Claims registered under this Act should be annotated to read as follows: "Claim registered under the Standard Reference Data Act, P •L • 90 - 39 6 (15 U. S • C. 290 e) • \I 305.08(c)(2) Transfer of copyright to the u.S. Government. The fact that copyright protection is not possible for works authored by officers or employees of the u.S. Government, except as stated in section 305.08(c) above, does not prevent the u.s. Government from receiving and holding copy rights transferred to it. See 17 U.S.C. 105. 305.0B(d) Edicts of government. Edicts of govern ment, such as jUdicial opinions, admin istrative rulings, legislative enact ments, public ordinances, and similar official legal documents, are not copy rightable for reasons of public policy. This applies to such works whether they are Federal, state, or local as well as to those of foreign governments. 305.09 Use of protected characters, names, slogans, ")::' .,~X!'l;>olsl Cl.ndseals. . Occasionally, works . ~ncorporate names, t~tles, slogans, symbols, or seals whose utilization is subject to restrictions by other laws. As these re strictions have nothing to do with copy right, the incorporation of these elements [1984]
305.09 306 300-6 305 Noncopyrightable material. (cont'd) 306.01 Use of rotected characters, names, slo ans, symbols, and seals. cont'd does not prevent registration. Where the Copyright Office is aware that a use of certain elements within a work may be in violation of existing law, it may inform the applicant of the possible restriction and direct the applicant to the agency involved. Some examples of restricted names and char acters are "Olympic," "Olympiad" (36 U.S.C. 380)~ "Woodsy Owl" (18 U.S.C. 7lla)~ and "Smokey Bear" (18 U.S.C. 711). Derivative works. A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramati zation, fictionalization, motion picture ver sion, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revi sions, annotations, elaborations, or other modi fications which, as a whole, represent an original work of authorship, is a "derivative work. " 1 7 U. S • C• 101. Extent of claim. The copyright in a deriva tive work extends only to the material con tributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the pre existing material. 17 U.S.C. 103(b). Where a work contains a substantial amount of previously registered, published, or public domain material, the application should contain a statement of the preexisting mate rial as well as the new copyrightable mate rial. [1984]
300-7
306 Derivative works. (cont1d)
306.02 Types of nondramatic literary derivative
works. Examples of nondramatic literary
derivative works are as follows:
306.02{a) Translations. A translation is a ren
dering of a work from one language to
another, as, for example, a work trans
lated from Russian into French, or from
German into English. However, trans
literations and similar processes by
which letters or sounds from one alpha
bet are converted to another are not
copyrightable since the conversion is
merely a mechanical act. Thus, merely
changing a work from the Cyrillic to the
Roman alphabet would not be copyright
able.
306.02{b) Fictionalizations. A fictionalization
is a treatment of a factual work in
which the elements are recast, trans
formed, or adapted to produce a work of
fiction. A work which is only loosely
based on the ideas or facts found in an
earlier work, is not considered to be a
derivative work.
306.02{c) Abridgments. An abridgment is commonly
defined as a shortened or condensed
version retaining the general sense and
unity of the original work. An abridg
ment of a nondramatic literary work may
be registrable, but more selectivity is
required than merely omitting a section
from the beginning or end.
307 Compilations. A "compilation" is a work formed
by the collection and assembling of preexisting
materials or of data that are selected, coordi
nated, or arranged in such a way that the re
sulting work as a whole constitutes an original
work of authorship. The term II compilation II
includes collective works. 17 U.S.C. 101.
[1984]
300-8 307 307.01 307.02 307.03 Compilations. (cont1d) Registrability. A compilation is regis trable if its selection, coordination, or arrangement as a whole con8titutes an origi nal work of authorship. The greater the amount of material from which to select, coordinate, or order, the more likely it is that the compilation will be registrable. Where the compilation lacks a certain mini mum amount of original authorship, registra tion will be refused. Any compilation consisting of less than four selections is considered to lack the requisite oriq-inal authorship. See also section 625 of Chapter 600: REGISTRATION PROCEDURES. Examples: (1) The selection and ordering of 20 of the best short stories of O. Henry would be registrable as a compilation. (2) Where all three of an authorls plays were previously published and the present publication consists of all three plays, no registration based on compilation authorship is possible. Telephone books, directories, price, lists, and the like. Telephone books, directories, price lists, and the like may be re9istered if they contain sufficient authorship in the form of compilation or other copyrightable material. Coordination and arran ement. Reference to 'coordinated or arrang , as used in the definition of a "compilation" in 17 U.S.C. 101, does not refer to format, but to the original ordering or groupinqof the iteR8. Collective works. A collective work is a work, such as a periodical issue, anthology, or ency clopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. 17 U.S.C. 101. [1984J 308
308 300-9 Collective works. (cont'd) 308.01 308.02 308.03 308.04 308.04(a) In general. Generally, collective works incorporate two different types of material: first, the collective work as a whole, which includes the elements of compilation, revi sion, editing, and similar authorship that goes into putting the work into final form: and secondly, any individual, self-contained contributions. Collective works made for hire. The collec tive work as a whole is often a work made for hire, and in such cases, the author is the employer or other person for whom the work was prepared. See 17 U.S.C. 20l(b). Registration of collective works. For a collective work, the application should generally contain the title of the collec tive work, and the volume, number, and issue date, if any, in the appropriate space on the application form. Periodicals other than daily newspapers. The following practices govern the registra bility of periodicals other than daily news papers: Separate editions. Where an issue of a periodical is published in two or more separate editions containing different copyrightable matter, separate registra tions may be made. Examples: 1) English, Spanish, and French edi tions of a magazine. 2) Eastern, Midwestern, and West Coast editions of a weekly news magazine, in which some of the contents are changed to correspond with the re gional interests of readers. [1984]
308 300-10 Collective works. (cont'd) 308.04 308.04(b) 308.04(c) 308.05 309 310 Periodicals other than daily newspapers. (cont'd) Difference in advertising matter. Where the only difference between the editions is in advertising matter, separate reg istrations will not be made unless the advertisements are asserted to belong to the copyright claimant for the periodi cal. Difference in uncopyrightable elements. Where the only difference between the editions is in uncopyrightable elements such as typography, size, coloring, paper stock, or the like, separate reg istrations will not be made. Daily newspapers: various editions. A sin gle registration may be made for the various editions of a daily newspaper or for a daily newspaper which contains different regional supplements. If the application for regis tration refers to the various editions or supplements, the deposit must include such editions or supplements. Certain periodicals not collective works. Cer tain periodicals are not collective works since they consist entirely of a single contribution. The application should, in such event, assert a basis of claim in "text," if original, rather than " c oll e ctive work. II Contributions to collective works. An indi vidual contribution that was written indepen dently and not as a " wo rk made for hire" is con sidered a separately copyrightable work. See 17 U.S.C. 20l(c). Where the owner of copyright in a collective work has not obtained ownership of all rights initially belonging to the author of a particular contribution, such person cannot be the " cl aimant" of copyright in that contribu tion. See 37 C.F.R. 202.3(a)(3). To register [1984]
300-11 310 310.01 311 312 [Number 313 [1984J Contributions to collective works. (cont'd) such a contribution, a separate application must be submitted naming as claimant the author of the contribution, or the person or organization that has obtained ownership of all rights in the contribution that the author originally owned. All rights to an independent contribution owned by claimant of collective work. Where the copyright claimant in a collective work is also the owner of all rights in a par ticular contribution, the author of that contribution may be included as an author in the appropriate space on the application form. If such an individual author is iden tified on the application, the transfer space should be completed showing how the claimant obtained all rights in the contri bution. However, the Copyright Office does not require that all authors of contribu tions covered by the copyright claim be identified on the application. unit registration for contributions to periodi cals. The practices concerning unit regis tration for contributions to periodicals will be dealt with in Chapter 1400: GROUP REGISTRATIONS. Book jackets. Book jackets often contain sev eral kinds of authorship such as text, illustra tions, and photographs. A claim in a book jacket may be registered if it contains a suffi cient amount of copyrightable authorship. Where the copyright claimant of the authorship in the book jacket is not the same as the claimant in the book, a separate registration must be made for the book jacket. Where the claim in a book jacket is based solely on "design," that is, the arrangement, spacing, and juxtaposition of un copyrightable elements, registration will be refused. See section 305.07 above. is reservedJ.
314 315 300-12 Tests and answer material for tests. The Copy right Office will register claims to copyright in tests and machine scorable answer sheets provided the works contain a minimum level of original textual or compilation expression. The work may consist of a test, a test accompanied by an answer sheet, or merely an answer sheet. In a case where the work consists of an answer sheet lacking textual expression, registration can only be considered on the basis of substan tial compilation authorship and the application should describe the extent of the claim as com pilation. All such registrations are made under the rule of doubt. Answer sheets having insuf ficient elements on which to base a claim of compilation authorship are not registrable. This practice is in accord with the decision in Harcourt, Brace & World, Inc. v. Gra hic Con trols Corp., 329 F.Supp. 517, 38 C.O.Bull. 12 (S.D.N.Y. 1971). Secure tests. Secure tests are nonmarketed tests administered under supervision at speci fied centers on specific dates, all copies of which are accounted for and either destroyed or returned to restricted locked storage following each administration. For these purposes a test is not marketed if copies are not sold but it is distributed and used in such a manner that own ership and control of copies remain with the test sponsor or publisher. This category encom passes tests used in conjunction with admissions to educational institutions, high school equivalency, placement in or credit for under graduate and graduate course work, awarding of scholarships and professional certification. See 37 C.F.R. 202.20(b)(4). In the case of tests, and answer material for tests, published separately from other literary works, the de posit of one complete copy will suffice in lieu of two copies. In the case of any secure test, the Copyright Office will return the deposit to the applicant promptly after examination, pro vided that sufficient portions, description, or the like are retained so as to constitute a sufficient archival record of the deposit. See 37 C.F.R. 202.20(c) (2)(vi). For fu~ther infor mation on deposit, see Chapter 800: OtpOSIT FOR REGISTRATION. [1984]
316 317 300-13 316.01 Copyright ownership as distinct from ownership of material object. Ownership of a copyright, or of any of the exclusive rights under a copy right, is distinct from ownership of any mate rial object in which the work is embodied. Transfer of ownership of the material object does not of itself convey any rights in the copyrighted work, nor, in the absence of an agreement, does the transfer of ownership of a copyright convey property rights in any material object. See 17 U.S.C. 202. Letters and diaries. In the case of let ters, the author of the letter and not the recipient or possessor has the right to claim copyright. Similarly, the mere pos session of a diary does not entitle the possessor to claim copyright, regardless of whether the material object was purchased or found. Letters and diaries are often pub lished with additional new material such as a foreword or explanatory notes; registra tion may be made for this new material, provided that it represents at least a cer tain minimum amount of copyrightable author ship. However, applications for works con sisting of letters or diaries should contain information regarding the author of these works on+y where the claimant named on the applicat10n is authorized to claim copyright in this material. Where the author of the letter or diary is named on the application and is not also the claimant, the applica tion must state how the rights in the letter or diary were transferred to the claimant. Interviews. A work consisting of an interview often contains copyrightable authorship by the person interviewed and the interviewer. Each has the right to claim copyright in his or her own expression in the absence of a valid agree ment to the contrary. Where an application for such a work names only the interviewee or the interviewer as author and claimant, and where [1984]
317 300-14 Interviews. (cont'd) 318 318.01 319 the nature of authorship is described as "entire text," it is unclear whether the claim actually extends to the entire work, or only to the text by the interviewee or the interviewer. In any case where the extent of the claim is not clear, the Copyright Office must communicate with the applicant for clarification. Facts, historical data, and "news." Works are often submitted for registration which contain "news" or other factual data, or which recount historical events. A distinction should be made between the original expression which the author uses and the noncopyrightable data, news, or facts which are set forth in the work. If it appears that the applicant is seeking to extend the claim to such uncopyrightable material, the Copyright Office will generally communicate with the applicant for clarification. Research. The function or activity which constitutes "research" is not copyrightable. However, the expression embodied in the product or result of research may be copyrightable if it contains at least a certain minimum amount of original author ship. Author deceased before date of creation of work. Where the application names as author an indi vidual who was deceased on the date of creation of the work, and who is alleged to have dic tated his or her writings "from the beyond," the Copyright Office will generally write to explain the requirements of the law regarding authorship and ownership. Ordinarily, works of this kind will contain additional material, such as an introduction, and registration may be made for this material, provided there is sufficient copyrightable authorship. Where the only author named was deceased on the date of creation and that person is named as claimant, the Office [1984J
319 300-15 320 320.01 321 Author deceased before date of creation of work. (cont'd) will refuse to register the claim, since a de ceased person cannot be a copyright claimant. Where the deceased person is named as the only author and another person or an organization is named as claimant, the Office will also refuse registration, since any IItransfer ll from the deceased author to the claimant could not ful fill the requirement of the copyright law that transfers of copyright ownership be in writing and signed by the transferor. Machine-readable works. A machine-readable work is either an unpublished work which is fixed, or a pUblished work which is published only in the form of machine-readable copies from which the work cannot ordinarily be perceived except with the aid of a machine or device. Works published in a form requiring the use of a machine or device for purposes of optical enlargement (such as film, filmstrips, slide films, and works pub lished in any variety of microform), and works published in visually perceptible form but used in connection with optical scanning devices, are not within this category. Examples of nondra matic literary works which are machine-readable are computer programs and data bases. Such works may be embodied in the form of magnetic tapes or disks, computer chips, punched cards, or the like. See 37 C.F.R. 202.20(c)(2)(vii). Literary works embodied in machine-readable form. Nondramatic literary works embodied in machine-readable form include computer programs and data bases, as well as other textual works, such as, instructional manuals, educational coursework, and the like. Computer programs. A IIcomputer programll is 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. [1984]
321 300-16 computer programs. (cont'd) Because computer programs do not generally con tain textual information, the claim to copyright in a computer program is generally made on the basis of authorship expressed in "numerical symbols or indicia" contained in the program. Computer programs are ordinarily considered "literary works" and can be considered for reg istration on Form TX. Examples: 1) A program that calculates the orbit of a rocket. 2) A program that computes wages and salaries for a payroll. 3) A self-teaching mathematics program for elementary students. 321.01 Source code. Source code is the computer program code as the programmer writes it, using a particular programming language, generally a program written in high-level language, such as, BASIC, COBOL, or FORTRAN. A program in source code must be changed into object code before the computer can execute it. This change is accomplished by a separate program within the computer called an assembler or a compiler to enable the program to be run on a particular brand and model computer (~.~., a compiler on a TRS-80 Model III would enable source code to be executed on that particular brand and model computer). 321.02 Object code. Object code is the representa tion of the program in machine language (~.~., binary coding using zeros and ones or hexadecimal coding using letters and numbers or octal coding using 0 to 7) which the computer executes. [1984]
321 300-17 Computer programs. (cont'd) 321.03 322 323 323.01 Relationship between source code and object code. The Copyright Office considers source code and object code as two representationp of the same computer program. For registra tion purposes, the claim is in the computer program rather than in any particular repre sentation of the program. Thus separate registrations are not appropriate for the source code and object code representations of the same computer program. However, where a work in source code is registered in unpublished form, and the published version of the same work is submitted for registra tion in object code form, registration will be made. Copyrightable subject matter. To be registra ble, a computer program must contain at least a certain minimum amount of original authorship in the form of statements or instructions. Derivative computer programs. A derivative computer program is one that is based on or incorporates material from a previously pub lished or registered or public domain program that has been revised, augmented, abridged, or otherwise modified so that the modifications, as a whole, represent an original work of author ship. See also section 306 above. Registrability of a derivative computer program. Registration for a derivative computer program covers only the additions, changes, or other new material appearing in the program for the first time. Therefore, the new material itself must be original and represent copyrightable authorship. Where only a few minor revisions or additions have been made, or where those that were made are of a rote nature predetermined by the functional considerations of the hardware, registration for the new material is not possible. [1984]
300-18
323 Derivative computer programs. {cont'd}
a derivative com uter 323.01
Examples:
I} A derivative program would be registra
ble where a substantial new program code
has been added to a previously published
program to enable it to accomplish addi
tional functions.
2} A student-programmer translates a previ
ously published program from COBOL to
FORTRAN [both are source-code program
ming languagesJ. The resulting transla
tion would represent a copyrightable
derivative work.
3} A previously published program is
adapted to run on a different model or
brand of computer. The Office will
question the nature and extent of the
adaptation to determine registrability.
If the changes were functionally prede
termined, registration will be refused.
4} An applicant files two applications for
the same program: one specifically for
the source code and the other for the
object code. Since the object code
version does not contain copyrightable
differences, there is no basis for a
separate registration for the object
code. The Office will communicate with
the applicant suggesting a single
registration for the computer program.
324 Deposit for registration: identifying material.
Where a computer program is fixed or published
only in the form of machine-readable copies, the
deposit for registration purposes shall consist
of one copy of identifying portions of the pro
gram, reproduced in a form visually perceptible
without the aid of a machine or device, either
on paper or in microform. For these purposes,
[1984J
324 300-19 324.01 324.02 identif in material. "identifying portions" shall mean either the first and last 25 pages or equivalent units of the program if reproduced on paper, or at least the first and last 25 pages or equivalent units of the program if reproduced in microform, to gether with the page or equivalent unit contain ing the copyright notice, if any. See 37 C.F.R. 202.20(c)(2)(vii). If the computer pro gram is less than 50 pages in length, the entire program should be deposited. For registration of a derivative computer program, identifying portions of the new material should be included in the deposit. NOTE: Works fixed or published in both machine-readable and visually-perceptible form are not considered machine-readable works for purposes of deposit for registration. The appropriate deposit requirements for the visually-perceptible form apply. See section 806.12 of Chapter 800: DEPOSIT FOR REGISTRA TION. Title on identifying material. The identi fying material deposited should bear a title clearly identifying the work for which reg istration is sought. Where the title is given on the application but not on the identifying material (for a published or unpublished work), the Copyright Office will add the title to the identifying material if it is clear that the identifying material represents the work specified on the appli cation. Notice on identifying material. The identi fying material should include the page or equivalent unit containing the copyright notice if copies of the computer program were published with notice. Where the copy right notice is encoded within the object [1984]
300-20 324 324.02 324.03 324.04 324.05 in material. Notice on identifying material. (cont'd) code so that its presence and content are not readily discernible, the notice should be underlined or highlighted and its con tents decoded. Source code as best deposit. The Copyright Office considers the source code to be the best representation of the copyrightable authorship in a computer program. Thus the identifying material deposited for a com puter program should be in source code. Rule of doubt. Where the applicant is unable or unwilling to deposit identifying material in source code, depositing only object code instead, registration for the computer program will be made under the rule of doubt if the applicant confirms in writ ing that the work as deposited contains copyrightable material. See also section 108.07 of Chapter 100: BASIC POLICIES. NOTE: Because object code is basically unintelligible to copyright examiners, it is not possible to examine the deposit to de termine the presence of copyrightable au thorship. The doubt in this instance does not concern the copyrightability of computer programs in general. Special relief. Special relief is a proce dure which allows the Register of Copyrights to grant the requester the option of depositing less than or other than that which is required under the general deposit provisions. Special relief is an option available to computer program applicants when they are unable or unwilling to deposit the usual identifying material in source code format. See section 808 of Chapter 800: DEPOSIT FOR REGISTRATION: see also 37 C.F.R. 202.20(d). [1984]
300-21 324 Deposit for registration: identifying material. (cont'd) 324.05 Special relief. (cont'd) 324.05(a) Trade secrets and special relief. When a computer program contains trade se crets or other confidential material that the applicant is unwilling to dis close by depositing the first and last 25 pages in source code, the Copyright Office is willing to consider special relief requests enabling the applicant to deposit less than or other than the usual 50 pages of source code. Special relief requests for the following three deposit options are presently being granted upon receipt of the applicant's written request for special relief: 1) First and last 25 pages of source code with some portions blocked out, provided that the blocked-out portions are proportionately less than the material still remaining. 2) At least the first and last ten pages of source code alone (with no blocked-out portions). 3) First and last 25 pages of object code plus any ten or more consecu tive pages of source code (with no blocked-out portions). 324.06 Specific deposit examples. The following examples concern various deposit situations. 1) Source code and object code with one application. Where the first and last 25 pages each of source code and object code (total of 100 pages) are deposited with one application on Form TX for a single computer program, the registra tion is made using the combined source code and object code identifying mate rial. [1984]
300-22 324 324.06 Deposit for registration: identifying material. (cont1d) Specific deposit examples. (cont'd) 2) Object code only. When the identifying material is deposited only in object code, the Copyright Office will corre spond with the applicant requesting either the deposit of source code or, as a prerequisite to registration under the rule of doubt, the applicant's written confirmation that the computer program represented by the object code deposit contains copyrightable authorship. 3) Object code plus other clearly copy rightable material. If the deposit consists of identifying material in object code for a computer program plus other clearly copyrightable material (such as a user's manual) and the single claim is in the entire work, there is still doubt as to the presence of copy rightable authorship in the computer program even though the claim includes clearly copyrightable text in the man ual. The Copyright Office will communi cate with the applicant about the de posit of object code and request either the deposit of source code or, as a prerequisite to the computer program portion of the claim being registered under the rule of doubt, the applicant's written assurance that the computer program as deposited represents copy rightable authorship. 4) Incomplete deposit of identifying mate rial. If the identifying material is less than 50 pages in length, the Copy right Office will consider that the deposit constitutes the entire program for which registration is sought. How ever, if there is information to the contrary (such as missing page numbers or obvious wide gaps in line numbers), the Office will inquire as to the com pleteness of the deposit. J [1984J
300-23 324 Deposit for registration: identifying material. (cont1d) 324.06 Specific deposit examples. (cont'd) 5) Single application for computer program and manual published as a unit. When the deposit consists of one copy of identifying material plus one copy of the published manual, the Copyright Office will not require deposit of a second copy of the published manual. 6) Separate applications for computer pro gram and manual pUblished as a unit. If the deposit for these two claims con sists of one copy of identifying mate rial for the computer program and one copy of the published manual, the Copy right Office will request a second copy of the published manual. 325 Completing the application form. An application for registration of a computer program should be completed with regard to the copyrightable au thorship in the computer program. For example, an application describing the authorship or extent of claim as "object code" will be ques tioned. 325.01 Asserting a claim in a derivative computer pro~ram. Ordinarily, the application for a der~vative computer program should limit the claim to the copyrightable new material, excluding the preexisting material that was previously registered or published or that is in the pUblic domain. To limit the claim appropriately in such cases, the "material added" statement on the application should be completed. [1984]
300-24 325 325.01 325.0l(a) 325.0l(b) completing the application form. (cont'd) Asserting a claim in a derivative com uter program. (cont'd When a "material added" statement is not required. When the preexisting material has never been registered or published or when the amount of preexisting mate rial is not substantial, the "material added" statement on the application need not be completed. Examples: 1) A computer program entitled "X-l03 program, Version 3" incorporating material from two earlier develop mental versions that remained un registered and unpublished would not be considered a derivative computer program for registration purposes. No "material added" statement would be required. 2) The application for a derivative program containing a total of 5,000 lines of program text, 50 of which were published previously, would not be required to give a "material added" statement. However, if such a statement were given, the Office would not ask to have it deleted. When a "material added" statement is required. The Copyright Office will require a "material added" statement on an application for a derivative computer program only when the previously pub lished or registered or public domain material contained in the new version of the program is substantial or, in rela tion to the work as a whole, represents a significant portion of the work. [1984J
300-25 325 Completing the application form. (cont'd) 325.02 Nature of authorship and extent of claim. 'In an application for an entirely new com puter program, the "nature of authorship" space is intended not only to describe the authorship but is also intended to delineate the extent of the claim. In an application for a derivative computer program, the "material added" statement generally delineates the extent of the claim. NOTE: For specific definitions of the terms listed below, see the Glossary of Terms in section 326 below. The following lists are illus trative and not exhaustive. 325.02(a) Copyrightable elements. The following descriptions of authorship or of mate rial added will ordinarily not be ques tioned: computer program entire computer code entire program entire program code entire text entire work module, new modules, revised modules program program instructions program listing program text, programming text revised program routine, new routines, revised rou tines software, computer software subroutine, new subroutines, revised subroutines text text of computer game text of ••• (except "text of object code" or "text of algorithm") text of program translation from (one programming language) to (another programming language) wrote program [1984J
325 300-26 completing the application form. (cont'd) 325.02 Nature of authorship and extent of claim. (cont'd) 325.02(b) Unclear elements. The following terms as commonly used with reference to com puter software mayor may not represent copyrightable authorship. Therefore, the Copyright Office will generally question an application describing the claim or the authorship in these terms: adaptation or translation (where program appears to have been adapted merely to run on different hardware) compilation debugging enhancements error corrections features patching translation (listed alone) 325.02(c) Noncopyrightable elements. Where the Copyright Office has determined that the claim is based only on the following, registration will be refused: algorithm (or text of algorithm) analysis cassette chip disk encrypting EPROM firmware formatting functions language (alone) logic mnemonics printout PROM ROM software methodology system system design(er) [1984J
326 300-27 Glossary of terms. The following is a list of terms commonly used with reference to computer programs. ALGORITHM ASSEMBLER ASSEMBLY LANGUAGE BASIC BUG CARTRIDGE A prescribed set of well defined rules or proc esses for the solution of a problem. A computer program that changes assembly lan guage into the language that the computer oper ates on directly -- the "object code." A language -- verbs, nouns, syntax, etc. -- used by programmers to write computer programs. It is relatively "low level" in that the pro grammer must keep many machine details in mind. The source language for an assembler. A rather simple program ming language that is widely used with the new micro-computers. A mistake or malfunc tion. A very ambiguous term meaning some form of removable magnetic data storage medium, used along with a fixed (non-removable) medium. It may use magnetic tape or magnetic disk as the medium. [1984]
326 300-28 Glossary of terms. CASSETTE CHIP COBOL (Common Business Oriented Language) CODE CODING COMPILE A small, self-contained volume of magnetic tape used for data storage. Similar to a sound recording cassette. In microcircuitry, a single device, either a transistor or a diode, that has been cut from a larger wafer of sili con. A high-level language developed in the early 1960's and used primarily for business applications. Can be used as verb or noun. As a noun, it can apply to (1) the data, meaning the series of bits used to represent the characters, or (2) the programs, meaning the computer instruc tions as written in the programming language. As a verb, it means creating the coded data or programs. The act of actually writing program state ments. To prepare a machine language program from a computer program written in another programming language by making use [1984]
326 300-29 Glossary of terms. (cont'd) COMPILE (cont'd) COMPILER COMPUTER DEBUGGING of the overall logic structure of the pro gram, or generating more than one machine in struction for each sym bolic statement, or both, as well as per forming the function of an assembler. A computer program that is used to change a high-level programming language into machine language. It is similar to an assembler. A data processor that can perform substantial computation, including numerous arithmetic or logic operations, with out intervention by a human operator during the run. The process of detecting and removing the errors in a computer program or a set of programs. Typically, errors are detected by trying to run a program with a series of transactions designed to test the main portions of the program, and observing the correctness of results. [1984]
300-30 326 Glossary of terms. (cont'd) DISK DUMP ENCRYPTION ENHANCEMENTS EPROM (Erasable Programmable Read Only Memory) FEATURES The popular form of bulk data storage with rapid access capabilities. Data is recorded in tracks on a magnetic medium on the disk surface. The two main forms are "floppy disks" and "hard disks." The term applied to the process of making a copy of some or all data stored in a storage device, usually for backup purposes. The process of system atically turning mes sages (information) into gibberish, as a security measure. The inverse process of decryption is needed for recovering the original messages. Changes or refinements made to an existing computer program. A type of computer memory device for storing data within a computer: can be erased and repro grammed. Particular capabilities or functions of a given computer program. [1984]
300-31 326 Glossary of terms. (cont'd) FIRMWARE FLOPPY DISK FORTRAN HARDWARE INTERPRETER This term is applied to computer programs that are stored in a type of memory (a ROM) that can in general only be read, not erased or changed easily. Firmware is used both for protection and for higher speed. A thin plastic disk, usually 5-1/4 inches or 8 inches in diameter, enclosed in a square, protective envelope, with a magnetic surface for storing information: a diskette. The FORmula TRANslation programming language, originally developed in the late 1950's for engineering and scien tific programming. It is still the most widely used language for these types of programs. The term applied to the computer equipment - the processor unit, the storage devices, input devices, printers, etc. Hardware is differenti ated from "software" and "firmware." A computer program in the same general class as "assembler" and "compiler." All three [1984]
300-32 326 Glossary of terms. (cont'd) INTERPRETER (cont'd) LANGUAGE MACHINE LANGUAGE (MACHINE CODE OR OBJECT CODE) MNEMONIC CODE MODULE OBJECT CODE translate or change a programmer's source code into the object code that the computer uses. In the computer field, the term generally means a programming language used by a programmer for writing a computer pro gram. This program usually must be trans lated or changed (assem bled, compiled, inter preted) into object code before the computer can execute the program. The instructions the machine actually executes. Symbols used in program ming to assist the human memory, ~.~., an abbre viation such as IIMPy lI for "multiply." A series or group of related instructions within a computer pro gram, analogous to a chapter of a book. This is the program in actual machine language which the computer exe cutes. It has been changed from the pro gramming language used by the programner by means of an "assembler," "compiler," or "inter preter." [1984J
326 300-33 Glossary of terms. (cont'd) PATCH, PATCHING PRINTOUT PROM (Programmable Read-only Memory) RAM (Random-Access Memory) ROM (Read-Only Memory) Segments of program code (individual statements or routines) added to the body of a completed computer program to enhance or amend the program. A visually perceptible printed copy. Is used variously to mean a listing of the computer instructions that form a program or the product resulting from the op eration of the computer program. A programmable ROM. Computer storage device in which words may be "written" (stored) or "read" (recovered) in any order at random. Conventional internal memory. A computer device con taining a program or data permanently stored when the unit was made. In theory, it can apply to either internal memory or large-volume, exter nal data storage. To day, it is applied to the former. Programs stored in ROM cannot be changed easily and they [1984]
300-34 326 Glossary of terms. (cont'd) ROM (cont'd) ROUTINE OR PROGRAMMED ROUTINE SOFTWARE SOURCE CODE SUBROUTINE TAPE, MAGNETIC execute faster~ see also above entry under FIRM WARE. A series or group of instructions usually contained within a main program~ analogous to a paragraph within a textual work. A set of computer pro grams, procedures, and possibly associated documentation concerned with the operation of a data processing system, e.g., compilers, library routines, manuals, cir cuit diagrams. Con trasts with hardware. This is the computer program code as the programmer originally writes it, in the pro gramming language being used. It must be changed into object code before the computer can execute it, unless the program was originally written in object code. A routine that can be part of another routine~ analogous to a sentence within a paragraph of narrative text. Large volume data storage medium for computers. [1984]
300-35 327 Instructional booklets, flowcharts, and the like. Registration of claims to copyright may be made for instructional booklets, flowcharts, and other material related to the development or explanation of the computer program. Because the authorship in such material is generally visually perceptible rather than machine-read able, identifying materials may not be submitted in lieu of an actual copy or copies. 328 Automated data bases. An automated data base is a body of facts, data, or other information assembled into an organized format, suitable for use in a computer and comprising one or more files. Where all the data in an automated data base has been previously published or regis tered, or is in the public domain, the claim would be limited to the authorship involved in the compilation. Where the data is substan tially or wholly new, the claim could include additional text, compilation and revised text, updates, or the like. [END OF CHAPTER 300] [1984]
401 402 403 403.01 404 404.01 404.02 404.03 404.04 404.05 405 405.01 405.02 405.03 406 406.01 406.02 406.03 406.04 407 408 408.01 408.02 408.03 Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS Outline of Topics Musical works: in general. Music defined. Elements of music. Definitions. Musical content. No numerical standard. Words and short phrases. Transposition. Works consisting entirely of information that is common property. "Melodiousness" and harmony. Physical embodiment of musical works. Physical embodiment: copies. physical embodiment: soundtracks. physical embodiment: phonorecords. Limitations on copyrightability. Copyright term expired. Certain musical arrangements. Chord charts. Musical works unlawfully employing other works under copyright protection. Use of protected characters, names, and slogans. Musical derivative works. Musical arrangements. Adaptation. Setting. - 1 [1984]
Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS - 2 408 Musical derivative works. (cont'd) 408.04 408.05 408.06 408.07 408.08 variations. Editing. Additional music. Abridgment. liAs a Whole" criterion. 409 Compilations. 409.01 409.02 Collective works. Method books. [Numbers 410 through 416 are reserved.] 417 Words accompanying music. 418 Claim in literary content. 419 Literary content. 420 Nondramatic literary works prepared for performance. 420.01 Song lyrics. 420.02 Comedy sketches. 420.03 Embodiment of nondramatic literary works prepared for oral delivery. [Numbers 421 through 429 are reserved.] 430 Dramatic works. 431 Dramatic works defined. 432 Characteristic features of dramatic works. 432.01 Plot. 432.02 Characters. 432.03 Dialog. 432.04 Directions for action. 432.05 Drama without words. [1984]
Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS - 3 433 Amount of dramatic content necessary. 434 Works not registrable as dramas. 435 Embodiment of dramatic works. 436 Dramatic derivative works. 437 Compilations. 438 Music accompanying dramas. 439 Components of dramatico-musical works. [Numbers 440 through 449 are reserved.J 450 Choreographic works. 450.01 Definition. 450.02 Presentation before an audience. 450.03 Characteristics of choreographic works. 450.04 Abstract choreography. 450.05 Requirement for registration. 450.06 Choreographic content: social dance steps and simple routines. 450.07 Embodiment of choreography. 450.08 Derivative choreographic works. 450.09 Status of improvisation. [Numbers 451 through 459 are reserved.J 460 Pantomimes. 460.01 Definition. 461 Pantomime content. 462 Distinction between pantomime and choreography. [1984J
Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS - 4 463 Embodiment of pantomimes. [Numbers 464 through 469 are reserved.] 470 Audiovisual works. 471 A motion picture is a kind of audiovisual work. 472 Series of related images. 473 Sounds accompanying an audiovisual work. 474 Forms of embodiment. 475 Authorship in an audiovisual work. 475.01 Visually perceptible authorship. 475.02 Aurally perceptible authorship. 476 Derivative audiovisual works. 477 Multimedia works. 477.01 Classification of multimedia works. [Numbers 478 and 479 are reserved.] 480 Motion pictures. 480.01 Requirement of fixation. 480.02 Forms of embodiment. 480.03 Copyrightable subject matter. 480.04 Motion pictures as derivative works and compi lations. [Numbers 481 through 484 are reserved.] [1984]
Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS - 5 485 Motion pictures: special problems. 485.01 485.02 Fixation as it relates Works made for hire. to publication. 486 Deposit requirements for motion pictures. 486.01 486.02 486.03 486.04 486.05 486.06 486.07 486.08 Description required. Unpublished motion pictures. Published motion pictures. Definition of "best edition." Definition of "complete." Motion Picture Agreement. Motion Picture Agreement: Standard Modification. Motion Picture Agreement: Supplemental Property Agreement 487 Separately registrable works of authorship fixed in film, videotape, or the like. [Numbers 488 and 489 are reserved.] 490 Sound recordings. 491 Sound recording distinct from underlying work. 492 Sound recording distinct from sounds accompanying audiovisual work. 492.01 Classification. 492.02 Extent of claim. 493 Forms of embodiment. 493.01 Statutory definition of phonorecords. 493.02 Types of phonorecords. 493.03 Distinction between phonorecords and sound recordings. 493.04 Distinction between phonorecords and copies. [1984]
Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS - 6 494 494.01 494.02 495 495.01 495.02 495.03 496 496.01 496.02 496.03 497 497.01 497.02 498 498.01 498.02 [Numbers 499 [1984] Date of fixation as it affects eligibility. Definition of fixation. State protection for sound recordings fixed before February 15, 1972. Copyrightable subject matter. Types of copyrightable authorship. Authorship on the part of the performer. Authorship on the part of the producer. Sound recordings as derivative works. Derivative sound recordings. Types of derivative sound recordings. Registrability of derivative authorship. Compilations. Registrable compilations. Non-registrable compilations. Multimedia works. Audiovisual multimedia works. Nonaudiovisual multimedia works. 498.03 through 498.99 are reserved.] Glossary of terms.
Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS 401 402 403 403.01 Musical works: in general. Musical works, including any accompanying words, are regis trable without regard to aesthetic standards. The range of registrable works consists of music produced by traditional and electronic means, including works whose production involves the use of a computer. An electronic composition utilizing tones produced by synthesizer or altered by omitting characteristics of its timbre, such as omitting decay or attack, may be registered. A discussion of the elements of musical works, criteria for copyrightability, forms of embodiment, and derivative musical works follows. Music defined. Music is a succession of pitches or rhythms, or both, usually in some definite pattern. Elements of music. The elements of music are melody, rhythm, and harmony. They are defined below. Definitions. Melody: a succession of single tones; rhythm: a grouping of pulses accord ing to emphasis and length; harmony: the combination, simultaneously, or nearly so, of different pitches. These tones are spaced at certain prescribed distances from one another in related progressions. Although a musical work will be registered if any of these three elements can be considered to constitute a work of authorship, melody, the predominant element by which a work is per ceived, usually determines whether a work is copyrightable. Even melody, however, may be too minimal for copyright protection, as it is in "Johnny One-Note," (excluding the "break"), while other elements, such as the rhythm and harmony in this composition, supply all or substantially all of the copyrightable content. [1984]
400-2 404 404.01 404.02 404.03 Musical content. The criteria for copyright ability of music are: 1) The work must contain at least a minimum amount of creative musical expression, 2) The work must not have been copied from another source. See Chapter 200: COP~R!GHTABLE MA~~ER - IN GENERAL. No numerical standard. There is no pre determined number of notes or measures that will automatically qualify a work for copy right registration. Words and short phrases. Words and short phrases, such as names, titles, and slogans, are not subject to copyright. 37 C.F.R. 202.l(a). Just as words and short phrases cannot be registered, phrases consisting of only a few musical notes, such as clock chimes, i.e., ·mi do re sol, sol re mi do· cannot be registered. ----- Transposition. Transposition is the act of transferring music from one key to another, note for note. Compare .~y Bonnie· in F: ~h. ~ B" ~\.,c.W1t Ky Bonnle 1n r: ~ ~I....."" etc. Since the relationship of all the notes to one another remains the same, and all that is required is the mere act of measuring intervals, transposition is a mechanical act and, as such, is not subject to copyright protection. There is no creative musical expression in a transposition. This turn about four-note pattern repeated at a certain melodic interval from the preceding statement is essentially a transposition, and therefore is not registrable. [1984J
400-3 404 Musical content. (cont'd) 404.04 Works consisting entirely of information that is common property. Works consisting entirely of information that is common property are not subject to copyright. 37 C.F.R. 202.0l(d). Diatonic and chromatic scales, as such are considered works con sisting entirely of information that is common property. Thus, works of this kind are excluded from copyright protection. 404.05 "Melodiousness ll and harmony. IIMe1odious ness ll and conventional (triadic) harmony are not criteria for registration. A musical composition based on a tone row, or a quarter-tone scale, for example, may be accepted for registration. Claims to copy right in composition with harmony based on intervals of seconds, fourths, or any other combination of tones may also be registered. 405 Physical embodiment of musical works. Music may be embodied in either copies or phonorecords. No basic registration is possible, however, without some kind of physical representation of the work -- a copy, or phonorecord, or, where applicable, identifying material. See Chapter 800: DEPOSIT FOR REGISTRATION. 405.01 physical embodiment: copies. The term "copies" includes every kind of embodiment of the work acceptable for registration, except phonorecords and certain identifying material. 405.0l(a) Copies required before 1978. Until 1978, a copy was the only form in which a musical work could be accepted for registration. Various kinds of copies, however, were acceptable. [1984]
400-4 405 405.01 405.01(b) 405.01(c) 405.02 physical embodiment of musical works. (cont'd) physical embodiment: copies. (cont'd) Copies: musical notation. Standard musical notation, using the five-line, four-space staff is the form most fre quently employed to embody musical works. Precision equal to that offered by conventional notation is not required, although the deposit should constitute as precise a representation of the work as possible. Any graphic representation of pitch, rhythm, or both, suffices as long as the notation is capable of being performed. Examples: graphically drawn hand signals, fret notation, staves with more or fewer lines than the conventional staff, and "new music," combining graphic art with music notation. Copies: literary description. A copy may be in the form of textual instruc tions for performance, ~.~., a descrip tion of notes and rhythms. However, in order to be registrable as a musical composition, such instructions must be specific enough for the work to be per formed. Physical embodiment: soundtracks. Where music is embodied in a motion picture sound track, the motion picture is the copy. Although the deposit ordinarily required would be the motion picture, an exception to the deposit requirements permits the deposit of identifying material instead of a copy. See Chapter 800: DEPOSIT FOR REGISTRATION. NOTE: Music published in a soundtrack before 1978 can be registered apart from the motion picture as a whole, only if the motion picture bore a separate copyright notice for the music. Music published in a soundtrack after 1977 may be registered apart from the motion picture, without a notice of copyright on the motion picture in the name of the music claimant. [1984]
406 400-5 405 405.03 406.01 406.02 Physical embodiment of musical works. (cont'd) Physical embodiment: phonorecords. On January 1, 1978, phonorecords, including tapes, disks, sound sheets, soundwheels, and piano rolls, became acceptable deposits for registering claims to copyright in music recorded on them. Moreover, music embodied only in phonorecords before 1978 is now acceptable for registration in that form. If such phonorecords were available for sale or public distribution on January 1, 1978, after having been sold or publicly distrib uted earlier, the musical work would be considered published and the date of such publication is January 1, 1978. See section 909, Chapter 900: PUBLICATION. Limitations on copyrightability. By reason of certain limitations in the copyright law, some works are not registrable though they might otherwise appear to be the subject matter of copyright. Copyright term expired. A work whose copy right term has expired is not subject to copyright protection. Once a work has entered the public domain, its term cannot be extended or the protection revived. See section 103, Transitional and Supplementary Provisions of the current Act. Certain musical arrangements. Musical arrangements embodied in a phonorecord and made pursuant to a compulsory license to make and distribute phonorecords of non dramatic music are not subject to copyright protection without the express consent of the copyright owner. See 17 U.S.C. 115(a) ( 2) • Chord charts. Chord charts ordinarily contain a significant number of public domain standard chords. To be registrable, works embodying chord charts must qualify as a compilation or as some other original work of authorship. See section 408.02 below. [1984J 406.03
400-6 406 406.04 407 408 Limitations on copyrightability. (cont'd) Musical works unlawfully employing other works under copyright protection. Musical works that unlawfully employ another work under copyright protection are not them selves subject to copyright protection if they are inseparably intertwined with the preexisting work. See 17 U.S.C. 103(a) and H.R. Rep. No. 94-1476, 94th Cong., 2d Sessa 57-8 (1976). For example, an unlawful four part reharmonization of "All The Things You Are" that cannot be separated from the previous melody and harmony would not be registrable. However, the Copyright Office does not generally investigate the copyright status of preexisting material or whether it has been used lawfully. Where a work unlaw fully employs preexisting copyrighted mate rial that is separable from the new mate rial, the new work is registrable. Use of protected characters, names, and slogans. Occasionally musical works incorporate names, titles, or slogans whose utilization is subject to restrictions under other Federal laws, but the incorporation of such items does not prevent copyright registration. Where the Copyright Office is aware that a use of certain elements within a work may be in violation of existing law, it may inform the applicant of the possible restriction and direct the applicant to the Government agency that deals with the item in question. Some examples of restricted names and characters are: "Olympic,1I "Olympiad,1I (36 U.S.C. 380): IIWoodsy owl " (18 U.S.C. 711a): and IIS mokey Bear ll (18 U.S.C. 711). Musical derivative works. A derivative work is a work based upon one or more preexisting works, such as ••• musical arrangements. 17 U.S.C. 101. In the case of derivative works, only certain kinds of preexisting material need be excluded from the claim on an application for [1984]
408 400-7 Musical derivative works. (cont'd) copyright registration, namely, that which con stitutes a significant amount of previously registered published, or public domain mate rial. 1) Where the work does not incorporate any preexisting copyrightable material, but is merely based on a preexisting idea, the work is considered a new work, and not a derivative work. Example: A song about crossing a river inspired by the painting, "Washington Crossing the Delaware." 2) Where the work incorporates only a negligible amount of previously registered, published, or public domain material, the work is considered a new work~ thus, the claim to copyright need not exclude the preexisting material. Example: A musical work incorporating only the first three notes of "Also sprach Zarathustra," by Richard Strauss. 3) Where a work incorporates preexisting mate rial that was theretofore unregistered and unpublished, the work is considered a new work, for purposes of most registrations. Examples: a) An author writes song lyrics in 1978 and files them away in his home. In 1981, the author sets the lyrics to new music. Even though the lyrics were preexisting when the music was composed, the lyrics are not considered a preexisting work, for purposes of registration. [1984J
408 400-8 Musical derivative works. (cont'd) 3} (cont'd) Examples: (cont'd) b} A composer receives authority to set to music unpublished song lyrics that have never been registered, but is not authorized to claim copyright in the lyrics. Since the lyrics have not been previously published or registered, they are not considered a preexisting work for purposes of registration, but they should nevertheless be excluded from the claim. 408.01 Musical arrangements. A musical arrangement is a work that results from the addition of new harmony to a preexisting work. The standard of originality for arrangements takes into consideration the fact that a melody carries with it a certain amount of implied harmony. 408.0l(a} Harmonic chord symbols. Chord symbols represent the presence of three or more specific notes. However, the individual notes in the chords are not specifically distributed as are chord members in a written-out harmony or in harmony recorded on a phonorecord. To reach the "minimal amount" require ments, harmonic chord symbols must go beyond standard chords in common sequences. Example: Chord symbols C (major), a (minor), d (minor), and G (major) are sub mitted with original words. The harmony is not registrable because this chord sequence is both too short and standard. The words, if substantial enough, may be regis tered. [1984J
400-9 408 408.01 408.0l(b} Musical derivative works. (cont'd) Musical arrangements. (cont'd) Instrumentation. Music may also be arranged by distributing or redistrib uting harmonic elements among different instruments. Examples: I} An orchestration of Debussy's "Reverie," a work originally com posed for piano. 2} A marching band arrangement of Beethoven's String Quartet in G major, Opus 18, No.2. Transpositions are not copyrightable. See section 404.03 above. Therefore, the Copyright Office will not make multiple registrations for the same work in different keys. Example: "Madame Evanti's Solfege Songs" is sub mitted in a different key each for High, Medium, and Low voice. The applicant may select the version to be registered, but only one registration may be made. Moreover, the notation of a musical work necessary to enable transposing instruments to play in the same key is not copyrightable. Example: The transposition of the standard four-part setting of the hymn "Abide with Me" for E-flat, A-flat, and B-flat saxophones and C clarinet, assigning a different part to each instrument, is not registrable. [1984]
400-10 408 408.02 408.03 408.04 Musical derivative works. (cont'd) Adaptation. An adaptation results from reworking a preexisting melody, possibly including rhythmic variation as well. An example might be a jazz version of the "Battle Hymn of the Republic." This defi nition of adaptation is not as widely known as the definition of arrangement: thus, the Copyright Office will accept a claim on adaptation where the primary change is in the harmony. Where there is no registrable harmony, an application stating the claim as arrangement will not be accepted, but the Copyright Office will request that the basis of the claim be changed to adaptation, if appropriate. Setting. A setting is a harmonization, or arrangement of a preexisting melody, or entirely new music set to preexisting words. Settings are similar to arrangements, except that they are more closely associated with preexisting words and chorale-type harmony. variations. variations are adaptations and arrangements of one basic theme in various moods and styles. The basic theme is usually the preexisting work. Variations are treated as new works for purposes of registration, where the treatment results in substantial divergence from the preexisting material, or where the new material over whelmingly predominates in comparison to the theme, such as where the theme or motive consists of only a few notes. Example: Because of substantial divergence from the theme, utilization of the Paganini motive in this phrase of Rachmaninoff's "Rhapsody on a Theme of Paganini," Opus 43, ~~~etc. - [1984]
400-11 408 408.04 408.05 408.06 408.07 408.08 409 Musical derivative works. (cont'd) Variations. (cont'd) Example: (cont'd) would not have prevented the Rachmaninoff work from being registered as a new work. Editing. Music editing generally consists of markings for the performance of music, such as additional or altered fingering, accents, dynamics, and the like. Additional music. Additions of music can be registered, such as the completion of an unfinished work or a reconstruction of missing music. Abridgment. An abridgment of a musical work may be registrable provided that there is a substantial amount of selectivity, for example, more than merely omitting a section from the beginning or end. "As a Whole" criterion. A derivative musical work may be registrable in the aggregate, even though the individual changes, examined separately, may not be. Example: A revision consisting of a change of fingering in two measures, added dynamics in four measures, and three measures of additional music could, in the aggregate, constitute a derivative musical work. Compilations. A compilation is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordi nated, or arranged in such a way that the resulting work as a whole constitutes an orig inal work of authorship. The term "compilation" includes collective works. 17 U.S.C. 101. L [1984J
400-12 409 409.01 409.02 [Numbers 410 [1984] compilations. (cont'd) Collective works. A collective work is a work • • • in which a number of contri butions, constituting separate and indepen dent works in themselves, are assembled into a collective whole. 17 U.S.C. 101. Example: A folio of selected Rodgers and Hammerstein songs. However, a work will be rejected for regis tration if the claim is on compilation, unless it appears that enough basic material has been compiled. Example: A compilation claim on Sides 1 and 2 of a 4S-r.p.m. phonorecord containing a musical selection on each side will be refused. A claim in the music, however, will be accepted if the music appears to meet the standards of originality. See section 404 above. Method books. Method books that contain only previously published material, such as public domain chords, scales, exercises, and other information that is common property, may be registered as compilations if the works contain at least a certain minimum amount of compilation authorship. In view of the limited protection available, the Copyright Office will not suggest a compi lation claim on its own initiative unless the contribution is obviously substantial. through 416 are reserved.]
417 400-13 418 419 420 420.01 420.02 Words accompanying music. Words accompanying music are considered an integral part of the musical work. There is no specific manner in which words shall accompany music. The words may be narrated to background music, sung to music on a phonorecord, set above the notes to which they are to be sung on a notated copy, or may be written on a separate sheet with no instructions as to how they are to be performed. The Copyright Office will question whether words accompany music only where it appears improbable that the words and music are meant to be performed or otherwise used together. Claim in literary content. The words must be sufficiently substantial in themselves to support a claim on words. If the words are insufficient, the Copyright Office will request that the claim on words be deleted from the application. The words may still be included as part of the deposit. Literary content. In addition to ordinary words used in the conventional manner, nonsense syl lables, nonsyntactical words, or coined words may be registered. The verbal expression, how ever, must have been originated by a human being and be of a sufficient amount. Nondramatic literary works prepared for perfor mance. Nondramatic literary works prepared for performance may be registered in Class PA. Non dramatic literary works not intended for per formance should be registered in Class TX. See Chapter 300: COPYRIGHTABLE MATTER -- NONDRAMATIC LITERARY WORKS. Son~ lyrics. Song lyrics, unaccompanied by mUS1C, may be registered in published or un pUblished form in Class PA. Comedy sketches. Jokes and other comedy routines may be registered if they contain at least a certain minimum amount of orig inal expression in tangible form. Short quips and slang expressions consisting of no more than short phrases are not registrable. [1984]
400-14
420
420.03
[Numbers 421
430
431
432
432.01
Nondramatic literary works prepared for erfor
mance. {cont'd
Embodiment of nondramatic literary works
prepared for oral delivery. Nondramatic
literary works intended for oral delivery
may be embodied in copies or phonorecords.
Human or mechanical agents, including com
puters, may be used to fix the words in
tangible form.
through 429 are reserved.J
Dramatic works. The term "dramatic works"
includes plays prepared for stage presentation,
as well as those prepared for cinema, radio, and
television. Applications for registration of
claims to copyright in dramatic works should
be submitted on Form PA.
Dramatic works defined. A dramatic composition
is one that portrays a story by means of dialog
or acting and is intended to be performed. It
gives directions for performance or actually
represents all or a substantial portion of the
action as actually occurring, rather than
merely being narrated or described. Examples
of narration or description alone might be:
the Bible story of Shadrach, Meshach, and
Abednego, or a narration of the "Three Little
Pigs." If the narrator is to devise or
improvise his or her own action, the dramatic
content is not fixed and thus the work is not
a drama.
Characteristic features of dramatic works. Some
of the features which are characteristic of
dramas are the following:
Plot. A drama contains a thread of consecu
tively related events, either as a theme or
in segments. A story delivered by narration
alone, however, should be registered as a
nondramatic work.
[1984J
433 400-15 432 432.02 432.03 432.04 432.05 Characteristic features of dramatic works. ( cont' d) Characters. A work may be considered a drama even though it contains only one character. The script of a soliloquy or monolog that tells a story may be registered as a drama, provided that it includes suffi ciently explicit stage directions from which it can be performed. Example: A poem, such as "Invictus," with direc tions for acting out the story. Dialog. Dialog alone will constitute a drama only if characters and a plot are inherent therein. Directions for action. While directions for action by themselves do not constitute a drama, such instructions (or the actual representation of the action) are essential to drama. Drama without words. A drama may be represented silently, provided there is visual dramatic action or pantomime, as for example, a new drama in the Noh style. However, a still tableau depicting a story incident does not meet this criterion. Amount of dramatic content necessary. The work should have enough action to avoid the conclu sion that the dramatic contribution is too minimal for copyright protection as a dramatic work. While a mere outline or narrative summary of the idea for a drama is not registrable as a dramatic work, every element of the drama need not be set out. A scenario may be registered as a dramatic work if it is adequate to serve as the basis for directing its action, even though the directions are brief and some details are [1984]
433 400-16 434 435 436 Amount of dramatic content necessary. (cont'd) left unspecified. Also, a recorded narration coupled with directions for the dramatic repre sentation of some story incidents is registrable as a drama. Example: The script for a children's radio program narrating a visit to the zoo, containing detailed instructions to actors for charac terizations of various animal antics. Works not registrable as dramas. Simple directions for using scenery, stage settings, or ideas for sound effects do not in themselves constitute dramatic content. Where the version submitted is not an acting version, the work will not be registered as a drama. However, a work that does not meet the criteria for regis tration as a dramatic work may contain enough copyrightable content in another category to be registrable on some other basis. Embodiment of dramatic works. A drama may be embodied in manuscript, typescript, or printed copy, on a video-recording, such as a video cassette, or another form of copy, or in a phonorecord. The fixation of a drama may be made simultaneously with its transmission or live performance. Dramatic derivative works. Copyrightable addi tions or other changes to dramatic works may be made in one or more of several categories. Where a drama is translated, the work remains dramatic in nature and can be described as such on the application. Since the copyrightable addition is not dramatic, the new claim is on translation and not on drama. Where a drama is made into a novel, the addition is not dramatic and thus neither is the new work. Where a novel is made into a drama, the copyrightable new material is dramatic. Where a preexisting drama has been [1984]
400-17 436 437 438 439 [Numbers Dramatic derivative works. (cont'd) substantially revised or new dramatic material has been added, the result is a dramatic deriva tive work. Com~ilations. A collection of dramas can be reg~stered as a collective work. If the indi vidual selections consist of dramatic works, the collection can be registered in Class PA, even though the dramas are not then under copyright protection. Music accompan~ing dramas. To be a dramatico musical composltion, a sufficiently substantial part of the dramatic action or dialog should be combined with the music. Examples: Singspiel, musical comedy, operetta, and opera, including music drama. A group of songs with instructions for expres sive delivery, however, is not a dramatico musical work. Where music is to accompany a dramatic work, such music must be fixed in the deposit and must be copyrightable on its own to support a claim in music; it need not be inter woven with drama, however, as long as it is intended to form an integral part of the drama. Comfonents of dramatico-musical works. The mUS1C and book of a dramatico-musical work are registrable together as one unit, or they may be registered separately. Components that are not copyrightable cannot be registered separately. 440 through 449 are reserved.] [1984J
400-18 450 450.01 450.02 450.03 450.03(a) 450.03(b) 450.03(c) Choreographic works. Under the current law, choreography is included as a specified category of works in which copyright subsists. See 17 U.S.C. 102(a)(4): see also section 460 below. Definition. Choreography is the composition and arrangement of dance movements and patterns, and is usually intended to be accompanied by music. Dance is static and kinetic successions of bodily movement in certain rhythmic and spatial relationships. Choreographic works need not tell a story in order to be protected by copyright. Presentation before an audience. Although some reference works define choreography as "dancing, especially for the stage," presentation before an audience is not required for registration as a choreo graphic work. Characteristics of choreographic works. Most choreography includes the following general characteristics: compositional arrangement. Choreo graphy represents a related series of dance movements and patterns organized into a coherent whole. The movements must be more than mere exercises, such as "jumping jacks" or walking steps. Movement or execution. Choreography is primarily executed by the torso, limbs, or both, in rhythm. Capacity for performance. The specific movements of dancers are set out in a form from which the work can be per formed. See section 450.06 below. Abstract choreography. The Copyright Office will register claims to copyright in all choreographic works, including abstract choreographic works, that constitute orig inal works of authorship fixed in tangible form. [1984] 450.04
400-19 450 450.05 450.06 450.07 450.07(a) Choreographic works. (cont'd) Requirement for registration. To be registrable, the choreographic work must contain at least a certain minimal amount of copyrightable matter in the form of dance steps or other movements in a coherent compositional arrangement. It must also be capable of performance as submitted. Choreographic content: social dance steps and simple routines. Social dance steps and simple routines are not copyrightable under the general standards of copyright ability. Thus, for example, the basic waltz step, the hustle step, and the second position of classical ballet are not copy rightable. However, this is not a restric tion against the incorporation of social dance steps and simple routines, as such, in an otherwise registrable choreographic work. Social dance steps, folk dance steps, and individual ballet steps alike may be utilized as the choreographer's basic material in much the same way that words are the writer's basic material. Embodiment of choreography. Broad outlines in which the movements of the dancers have not been set out with any certainty are not registrable as choreography. If the basic movements of the dancers have been fixed, however, registration will not be refused simply because there is room for improvisation, or because some improvisa tion is intended. See section 450.09 below. Choreographic works embodied in motion picture form. A choreographic work may be embodied in motion-picture form. If such a motion picture constitutes the deposit for registration, the registra tion extends only to what is disclosed therein. [1984] L
400-20 450 450.07 450.07(b) 450.07(c) 450.07(d) 450.08 Choreographic works. (cont'd) Embodiment of choreography. (cont'd) Notation systems. Labanotation, sutton Movement Shorthand, Benesch Choreology, and other systems of notation are appropriate forms of embodiment to represent the precise movements of the dancers. Such notation, however, is considered a system, and, therefore, is not registrable. See 17 U.S.C. 102(b). Textual description. Precise explana tions in narrative form, whether in copies or phonorecords, are acceptable if the description is specific enough to indicate detailed movements of the dancers. Where the description is not sufficiently specific, it cannot be registered as a choreographic work, but may be registrable as a literary work. Combinations of various formats. A description might include a combination of forms of embodiment, for example, pictorial or graphic diagrams, or detailed verbal descriptions narrated to music on a phonorecord. Derivative choreographic works. When sub stantial new choreographic material has been added to preexisting choreography, it may be registered as a new choreographic work. Example: An addition of a new section to Petipa's "Don Quixote." When the only preexisting material is a few public domain steps, for example, a waltz, or ballet positions, the work is not considered derivative. See section 450.05 above. [1984]
400-21 450 450.08 450.08(a) 450.09 [Numbers 451 460 460.01 461 Choreographic works. (cont'd) Derivative choreographic works. (cont'd) Other derivative works based on choreo graphy. Nonchoreographic additions may be made to a choreographic work, for example, where a nonchoreographic comedy routine is interspersed between choreo graphic scenes. In this case, the claim should be made on the new nonchoreo graphic material. As a practical matter, however, the added material may dictate changes in the choreography as well, especially when new music or new dramatic scenes are added. Status of improvisation. Registration can not be made for improvisation to be provided by the dancer unless such improvisation is fixed. through 459 are reserved.J Pantomimes. Pantomimes are distinct from chore ographic works, and thus their registrability does not depend on choreographic criteria. Definition. Pantomime is the art of imi tating or acting out situations, characters, or some other events with gestures and body movement. Mime is included under this cate gory. Pantomimes need not tell a story or be presented before an audience to be pro tected by copyright. Pantomime content. To be registrable, panto mimes must include more than a few stock ges tures. As there is no copyright protection for ideas in general, a style of movement imitating mechanical dolls, for example, would not be protectible. A significant amount of copyright able matter in the form of specific gestures in [1984J
461 400-22 462 463 [Numbers 470 Pantomime content. (cont'd) such style and embodied in some tangible form, however, may be registered. Tableaux employing less than a minimum amount of action are not registrable as pantomimes. See section 433 above. Distinction between pantomime and choreography. In general, pantomime movement is more restricted than dance although, within its narrower scope, pantomime employs more gestures of the arms and facial expressions. Also, pantomime is usually more representational than choreography, in that it imitates or is a caricature of some event or situation. Pantomime movement is synchronized with music less often than is choreography. In fact, pantomimes are often performed without music, and any accompanying sound is dictated by the situation being portrayed. Most often, however, pantomimes are performed without sound or measured rhythm. Embodiment of pantomimes. Unlike choreography, pantomimes are not usually fixed using a speci fic form of symbolic notation. Conceivably, however, the same systems could be used for notating pantomimes as for dance. To register a work as a pantomime, the movements must be described in sufficient detail to enable the work to be performed from such description, or an actual performance must be captured on some form of film or videotape. Subject to this requirement, any form of copy or a narrative description on a phonorecord will suffice. 464 through 469 are reserved.] Audiovisual works. Audiovisual works are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompany ing sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. 17 U.S.C. 101. [1984]
471 400-23 472 473 A motion picture is a kind of audiovisual work. Motion pictures are audiovisual works consis ting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. 17 U.S.C. 101. For a separate discussion of motion pictures, see section 480 et ~. below. It is possible for the series of related images to be embodied in a medium that is traditionally used for motion pictures, for example, film or videotape, and not impart an impression of motion. In such cases, the work is audiovisual, but not a motion picture. A series of related photographs or drawings embodied in the film stock would not be con sidered a motion picture, unless, when shown, the images give an impression of motion. Such an impression of motion could be accomplished by incorporating certain cinematic techniques, such as panning in and out and dissolving. Series of related images. It is the presence of the series of related images embodied in a filmstrip slides, or the like, which generally determines that a work is audiovisual even where this element does not predominate. For example, where a work consists of a series of related pictorial images, accompanied by a set of booklets containing nondramatic literary printed matter, the claim is usually appropriately registered in Class PA, even though the printed matter predominates. Sounds accompanying an audiovisual work. When sounds are present, they do not need to be physically integrated with the series of related images to be considered lIaccompanying sounds, II for example, a filmstrip with a separate audio cassette. By definition, there is a distinction between the lIaccompanying sounds ll of an audio visual work and the series of sounds in a IIsound recording. II While sound recordings are works that result from the fixation of a series of musical, spoken, or other sounds, such sounds do not include IIsound accompanying a motion picture or other audiovisual work. II [1984J
474 400-24 475 475.01 475.02 476 477 Forms of embodiment. The series of related images in an audiovisual work may be embodied in several different media, for example, a filmstrip, slides, or transparencies. Any accompanying sounds may be embodied in an audio cassette, reel-to-reel tape, or disk. They may also be physically integrated with the related images, for example, in a cartridge. For embodiments of audiovisual works which are motion pictures, see section 480.02 below. Authorship in an audiovisual work. Audiovisual works embody several categories of authorship. Visually perceptible authorship. Any kind of visually perceptible material such as photographs and artwork may be embodied in the related images of the audiovisual work. Aurally perceptible authorship. If an aural element is present, it may embody several kinds of authorship such as dramatic or nondramatic literary material, or music which is recorded, as well as the "accom panying sounds." Derivative audiovisual works. For registration purposes, a derivative audiovisual work is a work that incorporates previously published, registered, or public domain material. If an audiovisual work contains some photographs by Mathew Brady as well as some new photographs, the Form PA should be completed to show the extent of the claim. Or, if the text recorded in the aural element contains numerous Biblical quotations, the quotations should be excluded from the claim. Multimedia works. A multimedia work is one which combines two or more kinds of authorship in two or more media, for example, a filmstrip and cassette, or a booklet and slides. [1984]
400-25 477 Multiple works. (cont'd) 477.01 Classification of multimedia works. The content of the multimedia work determines which class is appropriate for registration. For example, the presence of a series of related images makes the work audiovisual in nature, and registration is generally appro priate in Class PA. See section 490 et ~. for a discussion of multimedia works that do not include an audiovisual element. [Numbers 478 and 479 are reserved.] 480 Motion pictures. Motion pictures are audio visual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accom panying sounds, if any. 17 U.S.C. 101. 480.01 Requirement of fixation. To be eligible for copyright protection, a motion picture must be fixed. See Chapter 200: COPYRIGHT ABLE MATTER -- IN GENERAL. A telecast transmission of a live performance is not considered a "motion picture. II However, a motion picture is created when an authorized fixation is made of a live performance or telecast. 480.02 Forms of embodiment. Motion picture authorship may be embodied in several different forms, including the following: 1) Film - a thin sheet or strip of flexible cellulose material coated with a photo sensitive emulsion. 2) Videotape - a magnetic tape containing video signals or picture information recorded by a television camera system. 3) Videodisk - a magnetic alloy-plated aluminum disk on which picture infor mation is recorded. [1984]
400-26 480 480.02 480.03 480.04 [1984] Motion pictures. (cont'd) Forms of embodiment. (cont'd) 4) Hologram - a special photographic film or plate which, when developed and illuminated from behind by a coherent light beam, produces an intangible three-dimensional image in space. No visual image appears on the film or plate whose function is to record photo graphically a light-wave interference pattern made by intersecting beams of coherent light. Copyrightable subject matter. A motion picture may embody the contributions of many persons whose efforts are brought together to make a cinematographic work of author ship. Some examples of copyrightable elements might be camerawork, directing, editing, sound engineering, and other cinematographic contributions. By contrast, however, mere mechanical acts cannot serve as the basis for copyright registration: for example, a claim based on conversion from 35-mm film to one-half-inch videocassette is not subject to registration. Motion pictures as derivative works and compilations. Generally, motion pictures by their nature are derivative works. For registration purposes, the motion picture is considered derivative only when it incor porates previously registered, published, or public domain material. In these cases, the application should identify such pre existing material incorporated in the work and also include a "material added" state ment. The following examples reflect how this should be stated in the appropriate space on the application form:
485 400-27 480 480.04 [Numbers 481 Motion pictures. (cont'd) works and Preexisting "Material added" material statement 1) previously published 1) All other cinema film footage from a tographic material. 1924 silent movie. 2) Novel: liThe Ghost 2) Television dramati of Hawk Mountain. II zation. 3) Screenplay regis 3) Cinematographic tered in 1960. material. Compilation authorship in a motion picture is generally combined with editing authorship. The following example reflects how this can be stated on an application for registra tion: Preexisting "Material Added" material statement Assorted newsreel foot Compilations and editing age, still photographs, of old materials, plus and radio commentaries new script and narra from 1938 to 1940, drawn tion, and some new cine from various sources. matographic material. through 484 are reserved.] Motion pictures: special problems. Discussed below are special problems and policies that are peculiar to motion pictures. Fixation as it relates to ~ublication. The definition of "publication includes the offering to distribute copies • • • to a group of persons for purposes of further distribution, public performance, or public [1984] 485.01
400-28 485 485.01 485.02 Motion pictures: special problems. (cont'd) Fixation as it relates to publication. (contid) display. 17 U.S.C. 101. This sentence is generally recognized as including motion picture distribution practices. Inherent within the definition as a whole is the presumption that copies are in existence and ready for distribution before a work can be published. Thus, offers in the form of advertising, and catalog or other distribution offers made before or during production of the motion picture, do not constitute publication. For a general discussion of fixation, see Chapter 100: BASIC POLICIES. Works made for hire. A "work made for hire" is a work prepared by an employee within the scope of his or her employment: or ••• a work specially ordered or commissioned for use • • • as a part of a motion picture or other audiovisual work • • • if the parties expressly agree in a written instrument signed by them that the work shall be con sidered a work made for hire. 17 U.S.C. 101. Ordinarily, a motion picture embodies the contributions of a number of persons who are employees in a work made for hire, either by virtue of being employees working within the scope of their employment, or by special written agreement that their contri bution shall be considered a work made for hire. In the case of a work made for hire, the employer, and not the individual employees who actually created the work, is considered the "author" for copyright purposes. For a general discussion of authorship, see Chapter 200: COPYRIGHTABLE MATTER -- IN GENERAL. [1984]
486 400-29 Deposit requirements for motion pictures. The deposit required to accompany an application for registration of copyright claims for pub lished and unpublished motion picturea is discussed below. For a discussion of deposit requirements for motion pictures, see Chapter 800: DEPOSIT FOR REGISTRATION, sections 806.13 and 807. 486.01 Description required. In all cases, whether the motion picture is published or unpub lished, the deposit must include a written description of the contents of the motion picture. This may be a shooting script or continuity, a pressbook, or a detailed synopsis. 37 C.F.R. 202.20(c)(2)(ii). The separate description should contain full, complete, and detailed information about the work, including the running time. When the Copyright Office is asked, it will encourage the deposit of a shooting script as the description. NOTE: This description does not in any way extend the registration coverage beyond the material fixed in the motion picture. 486.02 Unpublished motion pictures. The deposit required to accompany an application for registration of a copyright claim in an unpublished motion picture, in addition to the description, can be either of the following: 1) One complete copy of the motion picture containing all the visual and aural elements that the registration covers: or 2) Identifying material consisting of one of the following: a) An audio cassette or other audio recording reproducing the entire soundtrack or other sound portion of the motion picture: or [1984]
400-30 486 486.02 486.03 486.04 Deposit requirements for motion pictures. (contid) Unpublished motion pictures. (cont'd) 2) (cont' d) b) A set of prints consisting of one frame enlargement or similar visual reproduction from each ten-minute segment of the motion picture. Where the work is a videorecording, prints taken from the viewing monitor are the preferred form of deposit. Published motion pictures. The deposit required to accompany an application for registration of a claim to copyright in a published motion picture, in addition to the written description, is one complete copy of the best edition. Definition of "best edition." The "best edition" is that edition published in the United States at any time before the date of deposit that the Library of Congress determines to be most suitable for its purposes. 37 C.F.R. 202.20(b)(1) and 202.19(b)(1). The criteria, listed in descending order of preference, are: 1) Film rather than any other medium. a) Preprint material, by special arrangement b) Most widely distributed film gauge i c) 35 rom rather than 16 rom d) 16 rom rather than 8 rom e) Special formats (for example, 70 rom) only in exceptional cases f) Open reel rather than cartridge or cassette [1984]
400-31 486 486.04 486.05 486.06 Deposit requirements for motion pictures. ( cont' d) Definition of "best edition." (cont'd) 2) Videotape rather than videodisk a) Most widely distributed tape gauge b) Two-inch tape c) One-inch tape d) Three-quarter-inch tape cassette e) One-half-inch tape cassette See generally Appendix, 43 Fed. Reg. 763-771 (1978) . Definition of "complete." A copy of any published or unpublished motion picture is "complete" if the reproduction of all of the visual and aural elements comprising the copyrightable subject matter in the work is clean, undamaged, undeteriorated, and free of splices, and if the copy itself and its physical housing are free from any defects that would interfere with the performance of the work or that would cause mechanical, visual, or audible defects or distortions. 37 C.F.R. 202.20(b)(2)(vi). Motion picture Agreement. The Copyright Office Regulations permit copyright depos itors of published motion pictures to enter into an agreement with the Library of Con gress allowing for the return of deposit copies to such depositors under certain conditions. 37 C.F.R. 202.20(c)(2)(ii). The Motion Picture Agreement provides that after copyright registration has been com pleted, the deposit copy will be returned to the depositor (upon written request and at the depositor's expense) and is subject to recall for the collections of the Library of Congress within a period of two years. The depositor, in signing the Motion Picture [1984]
400-32 486 Deposit requirements for motion pictures. (cont'd) 486.06 Motion Picture Agreement. (cont'd) Agreement, agrees to provide the Library of Congress with a copy of archival quality if and when such a copy is requested. See 43 Fed. Reg. 12,320-4 (1978) and Chapter 800: DEPOSIT FOR REGISTRATON. 486.07 Motion Picture Agreement: Standard Modifi cation. Works initially published outside the United States, but later published in the United States prior to the date of deposit are governed by the basic Motion Picture Agreement. Works published only outside the United States may be made subject to the Motion Picture Agreement if the Standard Modification is executed by the depositor in addition to the basic Motion Picture Agreement. See Chapter 800: DEPOSIT FOR REGISTRATION. 486.08 Motion Picture Agreement: Supplemental property Agreement. The purpose of the Supplemental Property Agreement is to allow the depositor to submit something other than the "best edition" for registration. See Chapter 800: DEPOSIT FOR REGISTRATION. By filing a Supplemental Property Agreement, the depositor agrees to submit a best edition copy of archival quality, if the Library calls for a copy of the motion picture under the terms of the Motion Picture Agreement. See 43 Fed. Reg. 12,320-4 (1978). 487 Separately registrable works of authorship fixed in film, videotaee, or the like. For a dis cussion of depos1t requirements for separately registrable works of authorship fixed in film, videotape, or the like, see Chapter 800: DEPOSIT FOR REGISTRATION, section 806.13(b)(4). [Numbers 488 and 489 are reserved.] [1984]
490 400-33 491 492 492.01 Sound recordings. Sound recordings are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied. 17 U.S.C. 101. Sound recording distinct from underlying work. Copyright in a sound recording relates only to the particular series of sounds constituting the recording. It is not the same as, nor is it a substitute for, copyright in a musical, dramatic, or literary work, the performance of which is recorded. Sound recording distinct from sounds accom pan~in~ audiovisual work. Sounds accompanying aud~ov~sual works, whether physically integrated with the audiovisual work (such as a soundtrack on a motion picture) or fixed on a separate tape, disk, or other such object, are not sound recordings under the statute. Classification. Where a sound recording claim is asserted in sounds accompanying an audiovisual work, and the complete audio visual work is being registered, the Copy right Office will request a new application in the class appropriate to audiovisual works. See section 470 et ~. above. Example: A multimedia kit containing a filmstrip and an accompanying cassette tape is sub mitted in Class SR with a claim on "sounds, text, and photographic material." Since this is an audiovisual work, the sounds are not considered a "sound recording," and are not registrable as such. The claim to copyright should be registered in Class PA as an audiovisual work. See sections 470 and 477 above. [1984]
493 400-34 492 492.02 493.01 sound recording accom an - ing audiovisual Extent of claim. Where a sound recording contains sounds previously published as part of a motion picture, the claim must be limited to the material not contained in the motion picture. See section 496.03 below. Example: Album jacket states "original soundtrack recording," and application asserts an unlimited claim in sounds. The Copy right Office will question whether the sounds are the same as those originally fixed in the motion picture, or whether they have been altered. If the sounds are unchanged, they are not considered a "sound recording," and the claim cannot be registered as a sound recording. (The sounds could be, and generally are, covered by the registration for the motion picture.) However, if the sounds are SUbstantially altered from those in the motion picture, perhaps remixed from the original multi-track tapes, a claim in the sounds may be registered, but it must be limited to the new material, as for example, the remixing. Forms of embodiment. Sound recordings are embodied in phonorecords. Statutory definition of phonorecords. "Phonorecords are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term "phonorecords" includes the material object in which the sounds are first fixed. 17 U.S.C. 101. [1984J
400-35 493 493.02 493.03 493.04 Forms of embodiment. (cont'd) Types of phonorecords. Examples include the following: 1) Vinyl disks: common and 33-r.p.m. types are 45-r.p.m. 2) Audio tapes: cassettes. open reels, cartridges, and 3) Player piano rolls: a roll. perforated sheets on 4) Sound cards: cards with sound embodied in horizontal tape strip. 5) Sound sheets: cover. paper backed with an oxide 6) Perforated metal disks: such disks include sprocketed disks often used in music boxes. Distinction between phonorecords and sound recordings. The term " phonorecord" refers only to the material object in which a work is embodied; the phonorecord itself is not a work of authorship. A "sound recording," on the other hand, is a work of authorship, regardless of the type of phonorecord in which it is embodied. Distinction between phonorecords and copies. "Copies" are material objects, other than phonorecords, in which a work is fixed. See 17 U.S.C. 101. The term "copy" usually applies to a material object from which a work can be visually perceived (with or without the aid of a device or machine), but may also refer to a material object in which sounds accompanying a audiovisual work are fixed. The term "phonorecord" applies to a material object in which sounds are fixed, other than those sounds accompanying an audiovisual work. [1984]
494 400-36 494.01 Date of fixation as it affects eligibility. No sound recording fixed before February 15, 1972, is subject to Federal copyright protection. See 17 U.S.C. 30l(c). Any sounds fixed before February 15, 1972, must be excluded from the claim. Where it appears that all or a substan tial part of the sounds may have been fixed before February 15, 1972, the basis of the claim will be questioned. Definition of fixation. A work is IIfixed ll in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is suffi ciently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. 17 U.S.C. 101. Examples: 1) Phonorecord jacket states: IIRecorded live in 1970. 11 The Copyright Office will question the date of fixation. 2) Phonorecords indicate that the work is a compilation of disk jockey radio shows of the 1940's with some new musical and narrative material. The Copyright Office will question the fixation date of the sounds from the disk jockey radio shows. If fixed before February 15, 1972, these sounds should be excluded from the claim. 3) Phonorecords state that the work consists of some of the last live performances of a musician who died before February 15, 1972. The Copyright Office will question the date of fixation. If all sounds were fixed before February 15, 1972, the only possible claim is in the compilation. [1984]
400-37 494 494.01 494.02 495 495.01 Date of fixation as it affects eligibility. ( cont' d) Definition of fixation. (cont'd) 4) The work recorded is an opera. Phono records state: "The famous radio broad cast of this opera on December 7, 1940, is made available for the first time." The Copyright Office will question the date of fixation. If the sounds in the radio broadcast were fixed at the time of original transmission, the sound recording is not registrable. State protection for sound recordings fixed before February 15, 1972. With respect to sound recordings fixed before February 15, 1972, any rights or remedies under the common law or statutes of any state shall not be annulled or limited by the copyright law until February 15, 2047. 17 U.S.C. 30l(c). Copyrightable subject matter. To be regis trable, there must be an appreciable amount of original sound recording authorship. Registra tion as a sound recording is not authorized if original authorship is lacking, as for example, where there is no human authorship and the recording results from a purely mechanical process. Types of copyrightable authorship. Sound recording authorship may be contributed by the performer or the record producer. Usually, authorship is contributed by both performer and producer. The Copyright Office will accept an application naming the performer or the producer or both as author(s) of the sound recording, provided it is clear that the author(s) named con tributed copyrightable authorship. [1984]
400-38 495 495.02 495.02(a) 495.02(b) 495.03 495.03(a) Copyrightable subject matter. (cont'd) Authorship on the part of the performer. Only a human performer can contribute per formance authorship. Such performance will presumably result in a sound recording when the performance is fixed on a phonorecord. Musical sounds. Included are sounds produced by vocalists and instrumental ists. Examples: 1) A recording of a vocalist performing selected songs of a well-known contemporary composer. 2) A recording of a pianist performing a Beethoven sonata. Spoken sounds. Included are sounds spoken by an actor, orator, lecturer, or the like. Examples: 1) A recording of an actor portraying Hamlet. 2) A recording of a preacher delivering a sermon. Authorship on the part of the producer. This type of authorship involves capturing and elec tronically processing the sounds, and compiling and editing them to make the final recording. Producer's contribution in the recording of musical or s~oken sounds. Where there is sound record~ng authorship on the part of the performer, the producer may have also contributed copyrightable sound engineering authorship to the sound recording. [1984J
496 400-39 495 495.03 495.03(b) 496.01 Copyrightable subject matter. (cont'd) Authorship on the part of the producer. (cont'd) Producer's contribution in the recording of other sounds. In some cases, for example where sounds are produced by nature or non-human sources, the copy rightability of the sound recording depends on the contribution of the record producer in selecting, recording, and mixing the sounds. Examples: 1) Recording of bird calls. 2) Recording of sounds of racing cars. Sound recordings as derivative works. A deri vative work is one based upon one or more pre existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, trans formed, or adapted. A work consisting of edi torial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a derivative work. 17 U.S.C. 101. A sound recording usually embodies a pre-existing musical composition or literary work, and in that sense is usually a derivative work. Derivative sound recordings. For registra tion purposes, a derivative sound recording is one in which previously published or registered recorded sounds are rearranged, remixed, or otherwise altered in sequence or character. A sound recording consisting of an entirely new and independent fixation of original sounds is not a derivative sound recording for registration purposes. This [1984]
496 400-40 Sound recordings as derivative works. (cont'd) 496.01 Derivative sound recordings. (cont'd) distinction is important since it determines when a "material added" statement will be required on the application. Examples: 1) A sound recording of a Beethoven symphony may be considered a derivative work under the definition in the statute, in the sense that it embodies a preexisting musical composition. If it is an entirely new recording, however, the Copyright Office does not regard it as a derivative sound recording for registration purposes. 2) If a previously released recording of a Beethoven symphony was later remixed, the resulting sound recording would be a deri vative sound recording. 496.0l(a) When a "material added" statement will not be resuired. On an application for registrat10n, a statement of material added will not be required for a sound recording consisting of an entirely new fixation where the authorship statement refers only to the sound recording. 496.0l(b) When a "material added" statement will be required. On an application for registration, the Copyright Office will require a statement of material added for a sound recording containing pre viously published or registered sounds, or sounds fixed before February IS, 1972. The Copyright Office will also require a statement of material added if the authorship statement on the appli cation refers to element(s) other than the sound recording (for example, the underlying work or artwork on the record jacket) which have been previously pub lished or registered. [1984]
400-41
496 Sound recordings as derivative works. (cont'd)
496.02 Types of derivative sound recordings. These
include sound recordings with additional
recorded material or preexisting sounds
recast.
496.03 Registrability of derivative authorship. A
new version is registrable only if it con
tains at least a certain minimum amount of
recast sounds or new recorded material.
Where only a few slight variations or minor
additions of no substance have been made,
registration is not possible. Also, where
the changes are the result of mechanical
rather than creative processes, registration
will be refused.
496.03{a) Additional recorded material. Where
more than a certain minimum amount of
new recorded material is added to pre
viously released or registered sounds,
the new version is registrable. The
claim should be limited accordingly.
496.03{b) Preexisting sounds recast. This
includes recordings reissued with sub
stantial editorial revisions or abridg
ments of the recorded material. NOTE:
For specific definitions of terms listed
below, see the Glossary of Terms in
section 499 below.
496.03(b){1) copyri~htable elements. The
fo11ow1ng elements are acceptable
as descriptions of material added:
Remixed
Remixed for quad from original multi
track sound sources
Remixed for continuity and balance
Resequencing
Sweetening
New mix
Remixed for stereo
[1984]
400-42 496 Sound recordings as derivative works. (cont'd) 496.03 Registrability of derivative authorship. ( cont' d) 496.03(b) Preexisting sounds recast. (cont'd) 496.03 (b) (l) Copyrightable elements. (cont'd) Remixed for monaural sound Compilation (see also section 497 below) • 496.03(b)(2) Noncopyrightable elements. Claims based solely on the following elements will be refused: New master cut Remastering Enhanced stereo Encoding a two-track master onto four channels Reprocessing Compatible stereo Simulated stereo Electronically rechanneling for stereo (or quad) Electronically enhanced Derived 4-channel Declicking Reissue Dolbyized NOTE: Any claim in a sound recording originally fixed before February 15, 1972, must be limited to whatever sound recording authorship may have been added on or after February 15, 1972. See section 494 above. Where the original fixation was in a mono phonic recording, the possibility of adding copyrightable authorship by editing or mixing in the course of reprocessing is minimal or non existent, so that the copyrightable [1984]
400-43 496 Sound recordings as derivative works. (cont'd) 496.03 Registrability of derivative authorship. (cont'd) 496.03(b) Preexisting sounds recast. (cont'd) 496.03(b) (2) Noncopyrightable elements. (cont'd) NOTE: (cont'd) content of the original sounds and the new ones remains essentially unchanged. In such a case, the date the original recording was made is the date of fixation, and there is generally no new sound recording authorship (except compilation, where appropriate) on which to base a claim. Most recordings made before 1960 fall into this cate gory. 496.03(b)(3) Minimal contributions. The follow ing elements may involve effort, but registration based on them alone will be refused. However, where they are included in addition to clearly copyrightable new material, the claim should be registered. Changing the treble (highs) and bass (lows) Equalization Reverberation Balancing 496.03(b)(4) Elements whose registrability is subject to question. These include the following: 1) Editing. The Copyright Office will question "editing" when this is the only statement of new material. A claim based on "editing" should be defined in terms of specific sound engi neering techniques employed. \...-, [1984]
496 400-44 sound recordings as derivative works. (cont'd) 496.03 Registrability of derivative authorship. (cont'd) 496.03(b) preexisting sounds recast. (cont'd) 496.03(b)(4) is 2) Abridgment. Such a claim will not be questioned unless there is reason to doubt its substan tiality. 3) Overdub. If there is newly recorded material added, the Copyright Office will register the claim: otherwise, an expla nation of the nature and extent of the claim will be requested. 4) Re-engineering. The Copyright Office will request an explana tion. 496.03(b)(5) Ambiguous or unfamiliar terms. The Copyright Office will question am biguous or unfamiliar terms. 497 Compilations. A compilation is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordi nated, or arranged in such a way that the resulting work as a whole constitutes an orig inal work of authorship. 17 U.S.C. 101. 497.01 Registrable compilations. A collection of previously published or registered sound recordings, or of sound recordings fixed before February 15, 1972, in which the assembling, selection, or combination of works represents original authorship, con stitutes a registrable compilation. [1984]
497 400-45 Compilations. (cont'd) 497.01 Registrable compilations. (cont1d) Examples: 1) "The Greatest Country & Western Recordings of 1975" 2) liThe Greatest Recordings of the Nine Beethoven Symphonies ll (a recording of the nine Beethoven symphonies, each performed by a different orchestra and conductor) 497.02 Non-registrable compilations. A mere re publication together of several previously released or registered sound recordings, where no appreciable degree of original authorship was involved in putting the sound recordings together, does not con stitute a registrable compilation. Examples: 1) Combination of three previously released recordings. The Copyright Office will refuse a claim in compilation, since the compilation of only three selections does not represent enough authorship to support such a claim. 2) A well-known conductor's recordings of the Nine Beethoven SYmphonies with the same orchestra, where all nine sympho nies have been previously released sepa rately. The Copyright Office will refuse to register the claim in compila tion. Merely grouping together a single conductor's recordings of the nine Beethoven symphonies with the same orchestra does not represent enough original authorship to support a claim. [1984]
498 499 400-46 498.01 498.02 [Numbers Multimedia works. A multimedia work is one which, excluding the physical housing of its components, combines two or more kinds of authorship in two or more of the following media: phonorecords, copies from which the work may be visually perceived without the aid of a machine or device, and copies from which the work is intrinsically intended to be perceived with the aid of a machine or device. Audiovisual multimedia works. These incor porate an audiovisual work: any accompanying sound element is not registrable as a sound recording. See sections 492 and 470 above. Nonaudiovisual multimedia works. A non audiovisual multimedia work generally incor porates a sound recording accompanied by material which can be perceived visually without the aid of a machine or device (for example, textual material in a booklet). The sound recording and any material published with it, such as underlying text, or accom panying text or illustrations, may be regis tered together in Class SR. For registra bility of various elements, see sections appropriate to each such element. 498.03 through 498.99 are reserved.J Glossary of terms. The following is a list of terms commonly used with reference to sound recordings. BALANCE relative level or volume, for example, between different or instruments, bass and treble, or different tracks or channels. BALANCING adjusting the relative levels of voices or instruments, bass and treble, or recorded tracks. [1984J
499 400-47 Glossary of terms. CARTRIDGE CASSETTE CHANNEL DECLICKING DECODING DOLBYIZED (cont'd) an enclosed package containing a continuous loop of magnetic tape and its winding apparatus, thus removing the need for handling the tape. a sealed package containing a length of magnetic tape and winding apparatus which can be loaded into a player without handling or threading the tape. a single recording path, for example, from microphone to speaker. in reprocessing sounds from an old 78-r.p.m. recording, the process of eliminating the noises or "clicks" pro duced by groove irregulari ties, by manually or elec tronically removing them from the tape made from the old recording. transforming information from a form suitable for trans mission to a form suitable for use. Frequently used in reference to quadraphonic recordings, which require an electronic "decoder" for playback. refers to a recording pro cessed through a particular noise reduction device (a "dolby"). The dolby achieves noise reduction by raising the volume of quiet passages while recording and lowering them to proper levels while playing back. [1984]
499 400-48 Glossary of terms. DUB EDITING ENCODING EQUALIZATION LOOP (cont'd) to duplicate a sound recording by making an exact recording from that recording~ or a duplication of a recording made by dubbing~ to dub may also mean to add sounds to a recording or to combine two or more sources of sound (at least one of which is a recording) into one record. cutting and splicing tape to rearrange recorded material, thus changing content, form, or replacing undesirable material. to convert (as a body of information) from one system of communication into another~ especially to convert infor mation into code~ for example, reprocessing a stereo record ing into a quadraphonic for mat which can be played on equipment with a quadraphonic decoder to produce a quadra phonic effect. the process of boosting treble during recording and boosting bass during playback, so as to compensate for losses in record ing and reproduction, usually with the intent of aChieving a result as close to the original performance as possible. a length of tape with its ends spliced together for continuous playback. [1984]
Glossary of terms. MASTER 499 MIXING MONOPHONIC MULTI-TRACK OVERDUB QUADRAPHONIC REMASTERING REMIXING REVERBERATION 400-49 (cont'd) may refer to the original recording made directly from recording microphones, the final mixed-down tape from which other recordings are made, or the lacquer disk from which stampers are made for vinyl pressings. combining many separate tracks into fewer tracks, usually one, two, or four. recorded on a single channel or played back from a single sound source. refers to a recorder which produces, or a recording which contains, more than two tracks or channels of rec orded information, generally eight or more. mixing previously recorded material with new material. four-channel sound reproduc tion. cutting a new master from the original recording, usually without remixing. mixing down from multiple tracks to one, two, or four tracks for the second or any subsequent time. prolongation of sounds by repetition, resulting from sound reflections in a large hall or simulating such reflections. [1984] L
400-50 499 Glossary of terms. STEREOPHONIC SWEETENING sound reproduction on two or more channels. COMPATIBLE STEREO -- refers to a recording which may be played on either stereophonic or monophonic equipment with out loss of quality. ENHANCED STEREO -- refers to a stereo recording in which the stereo effect has been augmented by increasing or heightening the separation between channels. SIMULATED STEREO -- refers to a recording originally made mono phonically, reprocessed so as to get a stereo effect. the addition of strings, brass, background vocals, etc. to a previously recorded tape. [END OF CHAPTER 400J [1984J
Chapter 500 501 501.01 502 503 503.01 503.02 503.03 504 504.01 504.02 505 505.01 505.02 505.03 505.04 505.05 506 506.01 506.02 506.03 COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS outline of Topics Pictorial, graphic, and sculptural works: in general. Forms of embodiment. Works of art. Registration requirements for drawings, paintings, other pictorial works, and sculpture. Style and artistic merit. Copyrightable pictorial, graphic, and sculp tural expression. Works not capable of supporting a copyright claim. Registration requirements for two-dimensional useful articles, three-dimensional works of artistic craftsmanship, and models. Material not subject to registration. Examples. Registration requirements for the shapes of three dimensional useful articles. Definition of useful article. Separability test. Separability test: conceptual basis. Separability test: physical basis. Separability test: factors not relevant in determining registrability. Prints. Registration requirements. Pictorial or graphic material. Uncopyrightable elements. - 1 [1984]
Chapter 500 COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS - 2 .J 507 507.01 507.02 507.03 508 508.01 508.02 509 509.01 509.02 509.03 510 510.01 510.02 510.03 510.04 Reproductions of pictorial, graphic, or sculp tural works. Registration requirements. Derivative works. Reproductions not capable of supporting a registration. Photographs, holograms, and individual slides. Registration requirements. uncopyrightable works. Maps. Registration requirements. Compilations and derivative works. Elements not capable of supporting a copyright. Scientific works: architectural and technical drawings and models. Registration requirements. Uncopyrightable works. Ideas, processes, or systems. Subjects depicted. J
Chapter 500 501 501.01 502 COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS Pictorial, graphic, and sculptural works: in general. The copyright law defines "pictorial, graphic, and sculptural works" as including two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned: the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. See 17 U.S.C. 101. Forms of embodiment. Registrable pictorial, graphic, or sculptural authorship may be embodied in a wide variety of forms. These include works of fine, graphic, and applied art; prints: photographs, holograms, and individual slides; art reproductions: maps, globes, and charts: architectural and tech nical drawings: diagrams, patterns, models, and the like: and advertisements. Motion pictures, film strips, slide presentations, and other audiovisual works are not "pic torial works" for the purpose of registration. Works of art. These include works of the fine arts, such as paintings, other pictorial works, and sculpture, as well as works of artistic craftsmanship, such as jewelry, glassware, ceramic figurines, table service patterns, wall plaques, grave markers, toys, dolls, stuffed toy animals, models, and the separable artistic features of two-dimensional and three-dimen sional useful articles. 500-1 [1984]
503 500-2 503.01 503.02 Registration requirements for drawings, paint ings, other pictorial works, and sculpture. Generally, in order to be entitled to regis tration, such works must contain original pic torial, graphic, or sculptural authorship. If the work consists entirely of uncopyrightable elements, registration is not authorized. On the other hand, the mere presence of uncopy rightable elements in a work will not prevent registration on the basis of features that are copyrightable under the statute. Thus a design, otherwise original, may be registrable even though it incorporates uncopyrightable standard forms, such as circles and squares. Style and artistic merit. The registrability of a work of the traditional fine arts is not affected by the style of the work or the form utilized by the artist. Thus, the form of the work can be representational or abstract, naturalistic or stylized. Likewise, the regis trability of a work does not depend upon artistic merit or aesthetic value. For example, a child's drawing may exhibit a very low level of artistic merit and yet be entitled to registration as a pictorial work. Copyrightable pictorial, graphic, and sculp tural expression. A claim to copyright in a work of the traditional fine arts will be registrable if the work contains at least a certain minimum amount of pictorial, graphic, or sculptural expression owing its origin to the author. If the expression is pictorial, the authorship could be expressed, for example, in the linear contours of a drawing, the assemblage of diverse fragments forming a collage, or the arrangement and juxtaposition of pieces of colored stone in a mosaic portrait. If the expression is sculptural, the authorship could, for example, be expressed by means of carving, cutting, molding, casting, shaping, or otherwise processing the material into a three-dimensional work of sculpture. [1984]
500-3 503 503.02 503.02(a) requirements for drawings, paint- and sculp- Minimal standards: pictorial or graphic material. A certain minimal amount of original creative authorship is essen tial for registration in Class VA or in any other class. Copyrightability depends upon the presence of creative expression in a work, and not upon aesthetic merit, commercial appeal, or symbolic value. Thus, registration cannot be based upon the simplicity of standard ornamentation such as chevron stripes, the attractiveness of a con ventional fleur-de-lys design, or the religious significance of a plain, ordinary cross. Similarly, it is not possible to copyright common geometric figures or shapes such as the hexagon or the ellipse, a standard symbol such as an arrow or a five-pointed star. Likewise, mere coloration cannot support a copyright even though it may enhance the aesthetic appeal or com mercial value of a work. For example, it is not possible to copyright a new version of a textile design merely because the colors of red and blue appearing in the design have been replaced by green and yellow, respec tively. The same is true of a simple combination of a few standard symbols such as a circle, a star, and a tri angle, with minor linear or spatial variations. Examples: 1) An unpublished design for textile fabric is submitted for registra tion in Class VA. The design con sists of a standard unembellished [1984]
503 500-4 Registration requirements for drawings, paint ings, other pictorial works, and sculpture. (cont'd) 503.02 hic, and scul 503.02(a} ictorial or ra hic Examples: (cont'd) I} (cont'd) character of Chinese calligraphy painted upon horizontally striated grass cloth. Practice: Registra tion is not authorized in this case. Like typography, calligraphy is not copyrightable as such, not withstanding the effect achieved by calligraphic brush strokes across a striated surface. 2} An applicant for registration has developed a novelty item consisting of transparently clear plastic sheets bonded together around their periphery, and having a small amount of colored liquid petroleum in the air space between the laminated sheets. Any slight pressure upon the external surface results in the formation of undula ting patterns and shapes, no two of which are ever identical. Practice: Since the specific outlines and contours of the patterns and shapes formed by the liquid petroleum do not owe their origin to a human agent, it is not possible to claim copyright in such patterns and shapes. The novelty of the idea embodied in the work and the effects achieved by the action of the petroleum under pressure like wise do not warrant registration. [1984]
503 500-5 Registration requirements for drawings, paint ings, other pictorial works, and sculpture. (contid) 503.02 scul 503.02(b) Minimal standards: sculptural material. The requisite minimal amount of origi nal sculptural authorship necessary for registration in Class VA does not depend upon the aesthetic merit, com mercial appeal, or symbolic value of a work. Copyrightability is based upon the creative expression of the author, that is, the manner or way in which the material is formed or fashioned. Thus, registration cannot be based upon standard designs which lack original ity, such as common architecture moldings, or the volute used to decorate the capitals of Ionic and Corinthian columns. Similarly, it is not possible to copyright common geometric figures or shapes in three dimensional form, such as the cone, cube, or sphere. The mere fact that a work of sculpture embodies uncopyright able elements, such as standard forms of ornamentation or embellishment, will not prevent registration. However, the creative expression capable of supporting copyright must consist of something more than the mere bringing together of two or three standard forms or shapes with minor linear or spatial variations. In no event can registra tion rest solely upon the fact that an idea, method of operation, plan, or system has been successfully communi cated in three-dimensional form. In every case, it is the creative expres sion of the author which must be able to stand alone as an independent work apart from the general idea which informs it. [1984]
500-6 503 Registration requirements for drawings, paint ings, other pictorial works, and sculpture. (cont'd) 503.02 scul 503.02(b) Minimal standards: sculptural material. (cont'd) Examples: 1) Registration in Class VA is re quested for a design or model of a table lamp. Cast in plaster of Paris, the design features the head of a horse mounted on an iron horseshoe with toe and heel calks which supports the entire fixture. Electrical wiring is concealed within the plaster casting. Practice: If the head of the horse is original, registration may be considered on that basis. However, the general idea of embellishing a lighting fixture with a work of art is not copyrightable. The same is true of the decorative idea of using a horseshoe as support for a lamp base, regardless of the pleasing effect thereby achieved. 2) A toy manufacturer conceives a novel idea for a toy consisting of multicolored geometrical spheres, cubes, and cylinders of varying sizes. All of these parts or pieces are magnetized, and will adhere to one another when placed in close proximity. Thus, it is possible to construct an indefinite variety of shapes and figures by means of the magnetized parts or pieces. The manufacturer desires to protect the three-dimensional aspects of the toy before publica tion occurs. He applies to the [1984J
500-7 503 Registration requirements for drawings, paint ings, other pictorial works, and sculpture. ( cont' d) 503.02 scul 503.02(b) Minimal standards: sculptural material. (cont'd) Examples: (cont'd) 2) (cont'd) Copyright Office for registration of a design for an unpublished sculptural work of art. His appli cation Form VA is accompanied by one complete set of magnetized spheres, cubes, and cylinders arranged in a plain box according to size and color. Practice: We will refuse a registration in Class VA based solely upon the unassem bled toy, even though its component parts or pieces are potentially capable of being arranged in copy rightable shapes and forms. The general idea of the toy is uncopy rightable, regardless of its novelty or uniqueness. 3) A work described as a "mobile" consists of nine pieces of trans lucent colored glass each of which is suspended by wire from an over head rack designed to rotate about a pivot in a horizontal plane. The suspension wires vary in length and no two pieces of glass share the same shape or outline. Registra tion is sought in Class VA on the basis of the overall effect pro duced by the play of light upon the suspended glass components of a work which the applicant describes as "three-dimensional." No copy rightable authorship is claimed in the design of the individual pieces [1984]
500-8 503.02(b) Minimal standards: sculptural material. (cont'd) Examples: (cont'd) 3) (cont'd) of glass. Practice: Registration based upon the cumulative effect produced by the component members of the mobile will be refused. If these members had contained copy rightable authorship, registration could have been considered on the basis of the two-dimensional design features displayed by the pieces of glass. 503.03 Works not capable of supporting a copyright claim. Claims to copyright in the following works cannot be registered in the Copyright Office: 503.03(a) Works not originated by a human author. In order to be entitled to copyright registration, a work must be the product of human authorship. Works produced by mechanical processes or random selection without any contribution by a human author are not registrable. Thus, a linoleum floor covering featuring a multicolored pebble design which was produced by a mechanical process in unrepeatable, random patterns, is not registrable. Similarly, a work owing its form to the forces of nature and lacking human authorship is not registrable; thus, for example, a piece of driftwood even if polished and mounted is not registrable. [1984]
500-9 503 503.03 503.03(b) 503.03(c) 504 Registration requirements for drawings, paint ings, other pictorial works, and sculpture. (cont'd) of su Works containing insufficient expression. No registration is possible where the work consists solely of elements which are incapable of supporting a copyright claim. uncopyrightable elements include common geometric figures or symbols, such as a hexagon, an arrow, or a five-pointed star, as pointed out in section S03.02(a) above. Ideas and concepts. Mere ideas and concepts cannot support a copyright claim. In order to be registrable, a work must contain original copyrightable expression. Thus, for example, neither the idea of folding a five-pointed star in a manner that enables it to stand upright, nor the star so folded is registrable. Registration requirements for two-dimensional useful articles, three-dimensional works of artistic craftsmanship, and models. The regis trability of two-dimensional useful articles is determined by the presence of at least a certain minimum amount of pictorial or graphic authorship. For three-dimensional works of artistic craftsmanship falling outside the definition of useful articles, such as jewelry, toys, and wall plaques, the authorship may be either sculptural or pictorial in nature, such as carving, cutting, molding, casting, shaping the work, arranging the elements into an origi nal combination, or decorating the work with pictorial matter. Three-dimensional works of artistic craftsmanship are registrable either in assembled form, or in unassembled component pieces, as for example, an unassembled model airplane. [1984]
505 500-10 504 504.01 504.02 Registration requirements for two-dimensional useful articles, three-dimensional works of artistic craftsmanship, and models. (cont'd) Material not subject to copyri~ht. Standard elements, as such, are not reg1strable. Thus, registration cannot be made for glassware de void of copyrightable ornamentation, or for fabric designs consisting only of polka dots. Moreover, the mechanical or utilitarian aspects of a three-dimensional work of applied art are not subject to copyright protection. Hence, the serrated edge of a knife could not be the basis of a copyright registration. Examples. The following are examples of the principles governing the registrability of such works: 1) A textile design consisting of nothing more than polka dots is not registrable. However, a representational image pro duced by the use of dots is registrable. 2) A jeweled pin consisting of three parallel rows of stones is not registrable, while a pin consisting of a sculpted bee is registrable. 3) A copyright claim in an original stuffed toy lion is registrable, while a plain red cushion shaped as a five-pointed star is not. Registration requirements for the shapes of three-dimensional useful articles. Under the definition of "pictorial, graph1c, and sculp tural works" in the copyright law, the "design of a useful article" is copyrightable only if, and only to the extent that, such design incor porates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. See 17 U.S.C. 101. [1984J
500-11 505 505.01 505.02 505.03 Registration requirements for the shapes of three-dimensional useful articles. (cont'd) Definition of useful article. A "useful article" is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a "useful article. " 17 U.S.C. 101. Examples of useful articles include automobiles, boats, household appliances, furniture, work tools, garments, and the like. Separability test. Registration of claims to copyright in three-dimensional useful articles can be considered only on the basis of separately identifiable pictorial, graphic, or sculptural features which are capable of independent existence apart from the shape of the useful article. Determin ation of separability may be made on either a conceptual or physical basis. Separability test: conceptual basis. Con ceptual separability means that the pic torial, graphic, or sculptural features, while physically inseparable by ordinary means from the utilitarian item, are never theless clearly recognizable as a pictorial, graphic, or sculptural work which can be visualized on paper, for example, or as free-standing sculpture, as another example, independent of the shape of the useful article, i.e., the artistic features can be imagined separately and independently from the useful article without destroying the basic shape of the useful article. The artistic features and the useful article could both exist side by side and be per ceived as fully realized, separate works - one an artistic work and the other a useful article. Thus, carving on the back of a chair, or pictorial matter engraved on a glass vase, could be considered for regis tration. The test of conceptual separa bility, however, is not met by merely [1984J
500-12 505 Re istration re uirements for the sha es of three-dimensional useful articles. cont'd) 505.03 Separability test: conceptual basis. (cont'd) analogizing the general shape of a useful article to works of modern sculpture, since the alleged "artistic features" and the useful article cannot be perceived as having separate, independent existences. The shape of the alleged "artistic fea tures" and of the useful article are one and the same, or differ in minor ways; any differences are de minimis. The mere fact that certain features are nonfunctional or could have been designed differently is irrelevant under the statutory definition of pictorial, graphic, and sculptural works. Thus, the fact that a lighting fixture might resemble abstract sculpture would not transform the lighting fixture into a copy rightable work. 505.04 Separability test: physical basis. The physical separability test derives from the principle that a copyrightable work of sculpture which is later incorporated into a useful article retains its copyright pro tection. Examples of works meeting the physical separability test include a sculptured lamp base of a Balinese dancer, or a pencil sharpener shaped like an antique car. However, since the overall shape of a useful article is not copyrightable, the test of physical separability is not met by the mere fact that the housing of a useful article is detachable from the working parts of the article. 505.05 Separability test: factors not relevant in determining registrability. In applying the test of separability, the following are not relevant considerations: 1) the aesthetic value of the design, 2) the fact that the shape could be designed differently, or 3) the amount of work which went into the [1984]
500-13 505 Registration requirements for the shapes of three-dimensional useful articles. (cont'd) 505.05 Se arabilit in determining making of the design. Thus, the mere fact that a famous designer produces a uniquely shaped food processor does not render the design of the food processor copyrightable. 506 Prints. "Prints" include a wide variety of pictorial prints and illustrations produced by means of lithography, photoengraving or other printing processes, including reproductions of representational and abstract designs and color reproductions of photographic prints. Examples of such works include greeting cards, picture postcards, posters, decals, stationery, table place mats, advertisements, various kinds of wrappers, billboards, shopping bags, and labels. 506.01 Registration requirements. In order to be entitled to registration as a print, the work must contain at least a certain minimum amount of original pictorial or graphic authorship. 506.02 Pictorial or graphic material. Registra tion is appropriate for original pictorial or graphic material, such as illustrations and representational or abstract design, as well as photographs reproduced in color by lithography, photoengraving, or other printing processes. Although the copyrightability of such material does not depend upon artistic merit or aesthetic value, the material must contain at least a certain minimum amount of original pictorial or graphic expression to be eligible for registration. 506.03 Uncopyrightable elements. In determining the registrability of a print, the copy right claim cannot be based solely upon mere variations of typographic ornamenta tion, lettering, or coloring. Likewise, the arrangement of type on a printed page cannot support a copyright claim. However, [1984]
507 500-14 506 506.03 507.01 507.02 Prints. (cont'd) Uncopyrightable elements. (cont'd) if the type is so arranged as to produce a pictorial representation, the resulting image is registrable. Thus, an advertise ment which utilized lettering to achieve a pictorial representation of a person can be registered. Reproductions of pictorial, graphic, or sculp tural works. Material comprising hreproductions of pictorial, graphic, or sculptural works" include reproductions of existing works of art. Examples of such reproductions are photoengravings, collo types, silk-screen prints, mezzotints, and three dimensional reproductions of sculpture. Registration requirements. In order to be registrable, an art reproduction must contain at least a certain minimum amount of original authorship. This authorship may consist of drawing, lithography, photoengraving, etching, original sculpturing or molding, and the like. For example, a reproduction of Rodin's "Hand of God" achieved through sculpturing a minia ture version of the original is registrable. Derivative works. Art reproductions are derivative works because, by their nature, they are based on preexisting works. Accord ingly, a statement identifying the preexisting artistic work and indicating the nature of the authorship in the reproduction should be given in the appropriate spaces on the application form. However, in those cases where the author and claimant of the reproduction are also the author and claimant of the original work of art that has been reproduced, and the original work has not been previously registered or published, registration should be made as an original pictorial, graphic, or sculptural work. [1984]
500-15 507 Re roductions of ictorial, gra hic, or scul tural works. (cont'd 507.03 Reproductions not capable of supporting a registration. Claims to copyright in the following works cannot be registered in the Copyright Office: 507.03(a) Underlying work not a pictorial, graphic, or sculptural work. Where the underlying work is not a pictorial, graphic, or sculp tural work, no registration is possible on the basis of reproduction authorship. For example, a lithographic reproduction of a letter of the alphabet is not registrable. 507.03(b) Mechanical or photomechanical processes. Reproductions made through the mere opera tion of mechanical or photomechanical processes are not registrable. For example, a photocopy of an original pen and ink drawing is not registrable as an art reproduction. 508 Photographs, holograms, and individual slides. Works considered for registration on the basis of photographic authorship include still photo graphic prints, holograms, and individual slides. 508.01 Registration requirements. To be entitled to copyright registration, a photograph, holo gram, or slide must contain at least a certain minimum amount of original expression. Gener ally, original photographic or holographic authorship depends on the variety and number of the elements involved in the composition of the photograph or hologram. However, the nature of the thing depicted or the subject of the photograph or hologram, as distinguished from its composition or arrangement, is not regarded as a copyrightable element. original photographic composition capable of supporting registration may include such elements as time and light exposure, camera angle or perspective achieved, deployment of light and shadow from natural or artificial light sources, and the arrangement or disposition of persons, scenery, or other subjects depicted in the photograph. [1984J
500-16 508 508.01 508.02 509 509.01 509.02 Photographs, holograms, and individual slides. (cont'd) Registration requirements. (cont'd) In the case of holography, original authorship depends largely upon the selection, arrange ment, and disposition of scene and object. uncopyrightable works. Where images are produced through the operation of mechanical or photomechanical processes with no appreciable element of artistic expression, the work is not registrable. Examples: 1) A microfilm merely reproducing public domain textual matter is not registrable. 2) The photocopy of a public domain pictorial work is not registrable. Maps. The term "map" refers to cartographic representations of area. Common examples include terrestrial maps and atlases, marine charts, celes tial maps, and such three-dimensional works as globes and relief models. Registration requirements. To be regis trable, a map must contain at least a certain minimum amount of original carto graphic material. Examples of original cartographic material include drawings or pictorial representations of area based on original surveying or carto-graphic field work and compilations resulting from the original selection and arrangement of essentially cartographic features, such as roads, lakes or rivers, cities, political or geographic boundaries, and the like. Compilations and derivative works. The preparation of many maps involves the use of previously published source material to a significant degree, and the copyrightable [1984]
500-17 509 509.02 509.03 510 510.01 Maps. (cont'd) Compilations and derivative works. (cont'd) authorship, therefore, is generally based upon elements such as additional compilation and drawing. Additional authorship of this kind may include cartographic representations such as new roads, historical landmarks, or zoning boundaries. Where any substantial portion of the work submitted for registra tion includes previously published or regis tered material, or material that is in the public domain, statements describing both the preexisting material as well as the new copyrightable authorship should be given at the appropriate spaces on the application form. See Chapter 700: APPLICATIONS AND FEES. Elements not capable of supporting a copy right. A mere reprint of public domain or previously published material is not regis trable. Likewise, a claim based upon an obvious selection and arrangement of mater ials is not registrable. For example, an outline map of the United States containing nothing more than the names of the state capitals does not contain the necessary authorship to support registration. Scientific works: architectural and technical drawings and models. Material comprising sci entific works includes architectural blueprints, mechanical drawings, engineering diagrams, astro nomical charts, anatomical models, scientific and architectural models, and similar works. Registration requirements. In order to be entitled to registration, architectural and technical drawings must contain at least a certain minimum amount of original graphic or pictorial matter. A scientific or archi tectural model must contain at least a certain minimum amount of original sculptural material. [1984]
500-18 510 Scientific works: architectural and technical drawings and models. (cont'd) 510.02 Uncopyrightable works. Claims to copyright in the following works cannot be registered in the Copyright Office: 5l0.02(a) Devices. Devices and similar articles, designed for computing and measuring, cannot be registered. Common examples of such works include slide rules, wheel dials, and nomograms that contain insufficient original literary or pictorial material. The printed material of which a device usually consists (lines, numbers, symbols, calibrations, and their arrangement) cannot be copyrighted, because this material is necessarily dictated by the uncopyrightable idea, principle, formula, or standard of measurement involved. 5l0.02(b) Blank forms. Blank forms and similar works which are designed for recording information and do not in themselves con vey information, cannot be registered. Common examples include: forms calibrated for use in conjunction with a machine or device, report forms, graph paper, account books, scorecards, order forms, vouchers, and the like. See 37 C.F.R. 202.l(c). 510.03 Ideas, processes, or systems. Copyright protection does not extend to ideas, pro cesses, or systems. Scientific or tech nical works are registrable only if they contain the requisite original copyright able expression. The following are not protectible by copyright and do not offer a basis for copyright registration: 1) ideas or procedures for doing, making, or build ing things; 2) scientific or technical discoveries or methods; 3) business operations or procedures; 4) mathematical principles; or 5) any other concept, pro cess, method of operation, or plan of action. See 17 U.S.C. 102(b). [1984]
500-19 510 510.04 [1984J Scientific works: architectural and technical drawings and models. (cont'd) Subjects depicted. Where registration is sought for a scientific or technical work, the application should describe only the authorship contained in the work and not bear any statements which suggest that registration extends to the subjects depicted. Thus, the application for registration of a claim to copyright in an architectural drawing of a building should contain no statements which imply that the registration extends to the building. See 17 U.S.C. l13(b). [END OF CHAPTER 500J
Chapter 600 REGISTRATION PROCEDURES This chapter is in preparation. \....., [1984]
701 701.01 701.02 702 702.01 702.02 702.03 702.04 702.05 703 704 704.01 704.02 '-.,. 705 705.01 706 707 707.01 707.02 708 708.01 708.02 Chapter 700 APPLICATIONS AND FEES Outline of Topics Application forms. Statutory authorization. Statutory requirements. Basic application forms. Class TX, Form TX: Nondramatic Literary Works other Than Serials. Class TX, Form SE: Serials. Class PA, Form PA: Works of the Performing Arts. Class VA, Form VA: Works of the Visual Arts. Class SR, Form SR: Sound Recordings. Renewal application: Form RE. Registration forms for special cases. Form CA: Supplementary Registration. Form GR/cp: Group Registration for Contribu tions to Periodicals. Import Statement. Form IS: Request for Issuance of an Import Statement. Submission of material. Quality and legibility of application forms. Only application forms issued by the Copyright Office may be used. Information given on the application forms should be typewritten or legibly printed in black ink. Selection of most appropriate application form. Nature of authorship determinative. Two forms seem appropriate: song lyrics, speeches, and other works prepared for oral delivery. - 1 [1984]
Chapter 700 APPLICATIONS AND FEES Outline of Topics - 2 708 Selection of most appropriate application form. (contid) 708.03 Contributions to collective works. 708.04 Derivative works. 708.05 Works in which the claim includes two or more categories of authorship. 709 Classification for administrative purposes only. [Numbers 710 through 749 are reserved.] 750 Fees. 750.01 Applicability of fees to U.S. Government. 750.02 Refunds. 751 Effective date of fee schedule under the current Act. 752 Submission of registration fees. 753 Form of payment. 753.01 Currency. 753.02 Fees remitted from outside the United States or made payable in foreign currency. 754 Deposit Accounts. 754.01 Minimum requirements for Deposit Accounts. 755 Cancellation of registration in cases of dishonored checks. 756 Fees not specified in section 708 of the current Act. [1984]
Chapter 700 APPLICATIONS AND FEES 701 Application forms. The following are the statutory provisions relating to the application forms. 701.01 Statutory authorization. The Register of Copy rights is authorized to specify by regulation the administrative classes into which works are to be placed for purposes of deposit and regis tration. This administrative classification of works has no significance with respect to the subject matter of copyright or the exclusive rights provided by the copyright law. See 17 U.S.C. 408(c)(1). 701.02 Statutory requirements. Section 409 of the copyright law specifies that the application for copyright registration shall be made on a form prescribed by the Register of Copyrights and that it shall include: 1) the name and address of the copyright claim ant: 2) in the case of a work other than an anony mous or pseudonymous work, the name and nationality or nation of domicile of the author or authors, and, if one or more of the authors is dead, the dates of their deaths: 3) if the work is anonymous or pseudonymous, the nationality or nation of domicile of the author or authors: 4) in the case of a work made for hire, a statement to the effect that it is such a work: 5) if the copyright claimant is not the au thor, a brief statement of how the claimant obtained ownership of the copyright: 6) the title of the work, together with any previous or alternative titles under which the work can be identified. 700-1 [1984]
700-2 701 Application forms. (cont'd) 701.02 Statutory requirements. (cont'd) 7) the year in which completed: creation of the work was 8) if the work has been published, the date and nation of its first publication: 9) in the case of a compilation or derivative work, an identification of any preexisting work or works that it is based on or incor porates, and a brief, general statement of the additional material covered by the copyright claim being registered: 10) in the case of a published work containing material of which copies are required by section 601 of the current Act to be manu factured in the united States, the names of the persons or organizations who performed the processes specified by subsection (c) of section 601 with respect to that mate rial, and the places where those processes were performed: and j ~ 11) any other information regarded by the Reg ister of Copyrights as bearing upon the preparation or identification of the work or the existence, ownership, or duration of the copyright. 702 Basic application forms. Pursuant to the statutory authority given to the Register of Copyrights, the Copyright Office has established basic classes for original registrations with corresponding application forms. These classes are as follows: 702.01 Class TX, Form TX: Nondramatic Literary Works Other Than Serials. This category includes published and unpublished nondramatic literary works. Examples include fiction, nonfiction, poetry, textbooks, reference works, directories, catalogs, advertising copy, computer programs, and compilations of infor mation, including data bases. [1984]
702 700-3 Basic application forms. (cont'd) 702.02 702.03 702.04 702.05 Class TX, Form SE: Serials. A serial is defined as a work issued or intended to be issued in successive parts bearing numerical or chrono logical designations and intended to be con tinued indefinitely, such as periodicals, newspapers, annuals, journals, and proceedings of societies. NOTE: A contribution to a serial is not registered on Form SEe See section 708.01 below. Class PA, Form PA: Works of the Performing Arts. This category includes published and unpublished works prepared for the purpose of being performed directly before an audience o~ indirectly by means of a device or process. Examples are musical works, including any accompanying words~ dramatic works, including any accompanying music~ pantomimes and choreographic works~ and motion pictures and other audiovisual works, including accompanying sounds, if any. Class VA, Form VA: Works of the Visual Arts. This category includes published and unpublished pic torial, graphic, and sculptural works. Examples are two-dimensional and three-dimensional works of fine, graphic, and applied arts, photographs, prints and art reproductions, maps, globes, and charts, technical drawings, diagrams, and models, as well as pictorial or graphic labels and adver tisements. Class SR, Form SR: Sound Recordin~s. This category includes all published and unpub11shed sound re cordings fixed on or after February 15, 1972. In addition, claims to copyright in literary, dramatic, and musical works embodied in a phonorecord may be registered in Class SR if the claimant for both the sound recording and the underlying work is the same and the application covers both the sound recording and the underlying material. "Sound recordings" are works that result from the fixation of a series of musical, spoken, or other sounds. The audio portions of audiovisual works, such as a motion picture soundtrack or an audio cassette accompany ing a filmstrip, are considered an integral part of the audiovisual work and are registrable in Class PA rather than Class SR. [1984]
700-4 703 Renewal application: Form RE. The current Act provides for renewal of copyright in works already in their first term of copyright on January 1, 1978. See 17 U.S.C. 304. Form RE is appropriate for all renewal registrations, regardless of the class in which the original registration was made. 704 Registration forms for special cases. In addition to the forms listed above, the Copyright Office has estab lished two registration forms for use in special cases. 704.01 Form CA: Supplementary Registration. This form is used to apply for supplementary registration under section 408(d) of the current Act, in order to correct an error in a copyright registration or to amplify the information given in a registration. See Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS: SUPPLEMENTARY REGISTRA TIONS. 704.02 Form GR/cp: Group Registration for Contributions to Periodicals. This form is used as a adjunct to a basic application on Form TX, Form PA, or Form VA where the applicant is making a single registra tion under section 408(c)(2) of the current Act for a group of contributions to periodicals. 705 Import Statement. Section 60l(b)(2) of the current Act permits the importation of 2000 copies of a foreign manufactured edition of a work consisting preponderantly of nondramatic literary material that is in the English language and is protected under the current Act, upon presentation to the United States Customs Service of an Import Statement. See Chapter 1200: MANUFACTURING PROVISIONS. 705.01 Form IS: Request for Issuance of an Import State ment. This form implements the statutory pro VISIons prescribing an Import Statement. Copy right owners of works that are subject to the manufacturing restrictions must use this form to secure issuance of an Import Statement. [1984]
700-5 706 707 707.01 707.02 708 708.01 Submission of material. In order to consider regis tration of a claim to copyright, the Copyright Office should receive a completed application form together with the required fee and deposit. The application should contain the required information and be duly certified. Incomplete, inaccurate, or illegible appli cations may delay the registration process. Quality and legibility of application forms. Appli cation forms accepted for registration become permanent parts of the official records of the Copyright Office and must meet archival standards and be legible. onlr application forms issued by the Copyright Off1ce may be used. Copyright Office forms meet strict archival standards: therefore, only forms issued by the Office may be used to make regis tration. Photocopies or other reproductions of Copyright Office forms cannot be accepted for registration. Information given on the application form should be typewritten or legibly printed in black ink. Information required by the forms must be legible and should be typewritten or printed in black ink. Applicants who anticipate filing a large number of applications may place certain repeti tive information on the application forms they submit by using a printing process. Carbons of applications or applications completed in pencil are generally not acceptable. Selection of most appropriate application form. The appropriate form is generally determined by the nature of the authorship in which copyright is claimed. For most works, one form will clearly be the most appro priate. Nature of authorship determinative. The nature of the authorship determines which application form should be used for registration rather than the material object in which the work is embodied. Example: A filmstrip or set of slides containing only text should be registered on Form TX, not on Form PA. [1984]
700-6 708 708.02 708.03 708.04 708.05 Selection of most appropriate application form. (cont'd) Two forms seem appropriate: song lyrics, speeches, and other works prepared for oral delivery. For song lyrics, speeches, and other works prepared for oral delivery, two forms appear to be appropriate because the nature of authorship is literary and because the work was prepared for the purpose of performance. Although the Copyright Office will accept either Form PA or TX, Form PA is more appropriate. Contributions to collective works. In the case of contributions to collective works, applications should be submitted in the class representing the copyrightable authorship in the contribution. Examples: 1) A pictorial cartoon published in a weekly magazine should be registered on Form VA. 2) A short story published in a monthly magazine ~ should be registered on Form TX. Derivative works. In the case of derivative works, applications should be submitted in the class most appropriately representing the copyrightable authorship involved in recasting, transforming, adapting, or otherwise modifying the preexisting work. Example: A motion picture version of a previously pub lished novel should be registered on Form PA. Works in which the claim includes two or more cate gories of authorship. For works in which the claim includes copyrightable material in two or more classes, the type of such material that predominates generally determines the class for registration. [1984]
709 700-7 708 708.05 [Numbers 710 Selection of most appropriate application form. (cont'd) Works in which the claim includes two or more categories of authorship. (cont'd) Example: A game contains pictorial material on a game board, sculptural authorship in game pieces, and textual authorship in the game instruc tions. If the pictorial and sculptural authorship predominates, Form VA should be used. If the textual material predominates, Form TX should be used. NOTE: As an exception, where the claim includes sound recording authorship, Form SR must be used regardless of the nature of the other material or which type of authorship predominates. See section 702.05 above. Examples: l} A kit consisting of a booklet and a cassette tape with a claim in text and sound recording must be registered on Form SR. 2} A phonorecord with a claim in words, music, and sound recording must be registered on Form SR. Classification for administrative purposes only. The current Act specifies that the classification system adopted by the Copyright Office is solely for adminis trative purposes and has no significance with respect to the subject matter of copyright or the exclusive rights under the current Act. See 17 U.S.C. 408(c}(1}. However, the Copyright Office may request submission of a new application in the correct class where regis tration was originally sought on an inappropriate form. through 749 are reserved]. Fees. The fees for registration, recordation, and certain other services are prescribed or authorized by the current Act. See 17 U.S.C. 708(a). [1984] 750
700-8 750 Fees. (cont'd) 750.01 Applicability of fees to U.S. Government. The fees prescribed or authorized by the current Act are also applicable to the United states Government and any of its agencies, employees, or officers~ how ever, the law specifies that the Register of Copy rights has discretion to waive this requirement in occasional or isolated cases involving relatively small amounts. See 17 U.S.C. 708(b). 750.02 Refunds. Money remitted to the Copyright Office for original, basic, supplementary, or renewal registration will not be refunded if the claim is rejected because the material deposited does not constitute copyrightable subject matter or because the claim is invalid for any other reason. Payments made by mistake or in excess of the statutory fee will be refunded, but amounts of $5 or less will not be refunded unless specifically requested, and refunds of less than $1 may be made in postage stamps. 37 C.F.R. 20l.6(c). 751 Effective date of fee schedule under the current Act. ~ Applications for copyright registration and requests for other fee services of the Copyright Office received on or after January 1, 1978, are governed by the fee schedule of the current Act. In cases where an appli cation, deposit, and fee were received before January 1, 1978, but processing was not completed until after Janu ary 1, 1978, the fees established in accordance with title 17 as it existed on December 31, 1977, shall apply. See section 109, Transitional and Supplementary Provisions of the current Act. 752 Submission of registration fees. Registration fees should be submitted in the same envelope or package with the application and deposit. With regard to fees submitted to establish or replenish Deposit Accounts, see section 754 below. 753 Form of payment. The Copyright Office urges that all remittances mailed to it be in the form of a check, money order, or bank draft, payable to REGISTER OF COPYRIGHTS. [1984]
L 700-9 753 753.01 753.02 754 754.01 Form of payment. (cont'd) Currency. The Copyright Office will accept currency but does not assume any responsibility for monies sent in payment of fees which are lost before receipt in the Copyright Office. Fees remitted from outside the United states or made payable in foreign currency. The Copyright Office does not accept checks drawn on foreign banks or made payable in foreign currencies. Foreign remittances must be in the form of an International Money Order or Bank Draft payable in United States dollars. Deposit Accounts. The Copyright Office maintains a system of Deposit Accounts for the convenience of those who frequently use the services of the Office. The system allows an individual or firm to establish a Deposit Account in the Copyright Office and to make advance deposits into the Account. Charges for regis tration, recordation, or other fee services will be deducted from the outstanding balances in such Accounts. Minimum requirements for Deposit Accounts. The following are the minimum requirements for estab lishing and maintaining a Deposit Account in the Copyright Office: 1) When must the Account is opened, the amount to at least $250. initial deposit 2) All later deposits be $250 or more. into the Account must also 3) There must be at least 12 transactions a year. 4) If fees are to be charged against a Deposit Account, the exact name and number of the Account should be given on all applications for registration or other requests for fee services. 5) The Deposit Account holder must maintain a sufficient balance to cover all charges against the Account. [1984] L
700-10 755 Cancellation of registration in cases of dishonored checks. When a check received in payment of the registration fee is returned to the Copyright Office marked "insufficient funds" or is otherwise marked uncollectible, the Copyright Office will cancel any registration for which the dishonored check was submitted: the Office will notify the applicant in writing that the check was returned to the Copyright Office as uncollectible, that the registration has been cancelled, and that the certificate of registration should be returned to the Copyright Office. When a registration is cancelled, appropriate notations are placed in the original record to show that the registration has been cancelled. 756 Fees not specified in section 708 of the current Act. Certain fees for copyright Office services under the Freedom of Information Act and the privacy Act are not established in title 17, U.S.C. See 37 C.F.R. 203.6 and 204.6. [END OF CHAPTER 700] [1984]
801 L 802 803 804 804.01 804.02 805 805.01 805.02 805.03 806 806.01 806.02 806.03 806.04 806.05 806.06 806.07 806.08 806.09 806.10 806.11 806.12 806.13 [1984J Chapter 800 DEPOSIT FOR REGISTRATION Outline of Topics Applicability of this chapter. Statutory provisions. Quantity and content of material deposited: in general. Unpublished works. Unpublished works: the meaning of "complete." Unpublished works: nature of copy. Published works. Published works: number of copies or phonorecords. Published works: the meaning of "complete." The meaning of "best edition." Quantity and content of material deposited: special situations. Works reproduced in or on three-dimensional objects. Oversize copies. Holograms. Unpublished pictorial or graphic works. Pictorial or graphic works published in certain limited editions. Published commercial prints or labels. Published tests and answer material. Secure tests. Pictorial or graphic works reproduced in or on sheetlike materials. Pictorial or graphic works reproduced on sheet like materials published only in or on three dimensional objects. Separate registration for work embodied only in a motion picture soundtrack. Machine-readable works. Motion pictures. - 1
Chapter 800 DEPOSIT FOR REGISTRATION Outline of Topics - 2 807 807.01 807.02 807.03 807.04 807.05 807.06 807.07 808 808.01 808.02 808.03 808.04 809 810 Motion Picture Agreement. Who may enter into the Agreement. Who may sign the Agreement. Return of deposit copy under the Agreement. Recall of the deposit copy under the Agreement. Quality of copy deposited under the Agreement. Supplemental property Agreement. Termination of the Motion Picture Agreement. Special relief from the deposit requirements for registration. Special relief: in general. Special relief: criteria. Special relief: procedures. Special relief: continuous or ongoing grants. Relationship of deposit for registration to mandatory deposit under 17 U.S.C. 407. Appendix. [1984]
801 802 Chapter 800 DEPOSIT FOR REGISTRATION Applicability of this chapter. The provisions of this chapter are applicable to works for which an application for copyright registration is made on or after January 1, 1978. Statutory provisions. At any time during the sub sistence of copyright in any published or unpub lished work, the owner of copyright or of any exclusive right in the work may apply for regis tration of the copyright claim by delivering to the Copyright Office the application and fee specified by sections 409 and 708 of the copyright law (see Chapter 700: APPLICATIONS AND FEES), along with the deposit specified in section 408 of the copyright law and explained in this chapter. See 17 U.S.C. 408(a). Except as modified by the Copyright Office Regulations adopted pursuant to the provisions of 17 U.S.C. 408(c), the deposit for registration shall consist of: 1) For an unpublished work, phonorecord: one complete copy or 2) For a work first pUblished in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published: 3) For a work first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition: 4) For a work first published outside the United States, one complete copy or phonorecord as so published: 5) For a contribution to a collective work, one complete copy or phonorecord of the best edition of the collective work. See 17 U.S.C. 408(b). 800-1 ~ [1984]
802 800-2 Statutory provisions. (cont'd) 803 804 804.01 NOTE: The Register of Copyrights is authorized by the law to specify by regulation the administrative classes into which works are to be placed for pur poses of deposit and registration and the nature of the copies or phonorecords to be deposited in the various classes specified. The regulations may require or permit the deposit of identifying material instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration and an atten dant deposit for a group of related works. See 17 u.s.c. 408(c)(1). The Register is directed by the law to establish regulations specifically permitting, under certain conditions, a single registration for a group of contributions to periodicals by the same author published within a twelve-month period. See 17 U.S.C. 408(c)(2). Quantity and content of material deposited: in gen eral. The statute authorizes the Register of Copy rights to specify by regulation the quantity and content of the material to be deposited. The regu lations lessen the requirements in many cases by reducing the necessary deposit for published works from two copies or phonorecords to one, by permitting the deposit of identifying material instead of a copy or phonorecord, and by providing for specially tailored relief from the deposit requirements in cases of unnecessary hardship or in unusual circum stances, through the mechanism of IIspecial relief. 1I These regulations also require, in some cases, the deposit of identifying material instead of the copy or phonorecord otherwise required. Exceptions to the basic deposit requirements are explained in detail in sections 804 through 806 below. Unpublished works. The statute requires for unpublished works that one copy or phonorecord be deposited, and that the single copy or phonorecord be IIcomplete.1I See 17 u.s.c. 408(b)(l). Unpublished works: the meaning of IIcomplete.1I Generally, the requirement that an unpublished copy or phonorecord be "complete" means that [1984]
L 800-3 L 804 Unpublished works. (cont'd) 804.01 804.02 804.02(a) Unpublished works: the meaning of IIcomplete.1I (cont1d) it must embody the entire copyrightable content of the work for which registration is sought. See 37 C.F.R. 202.20(b)(2)(i). For unpublished motion pictures, the deposit regulations give the term "complete ll a special meaning as set forth in section 806.l3(a) below. Unpublished works: nature of copy. The general rule that only one complete copy is required is modified for certain types of works. For some works, identifying material mayor must be substituted for the actual copy required. In other cases, additional material must accompany the single copy deposited. The special requirements for each specific type of work are explained later in this chapter, at the sections cited below. Identifying material. If the following are unpublished, identifying material mayor must be submitted: 1) Certain pictorial and graphic works (see sections 806.04 and 806.05 below) ; 2) Machine-readable works such as com puter programs and data bases (see section 806.12 below); 3) Works on sections sheetlike materials (see 806.09 and 806.10 below); 4) Three-dimensional works 806.01 below); (see section 5) Works as embodied in a motion picture soundtrack (see section 806.11 below); 6) Oversize copies of any type tion 806.02 below); (see sec 7) Motion pictures (see sections 804.02(b) and 806.l3(a) below). [1984J
805 804 804.02 804.02(b) 805.01 800-4 Unpublished works. (cont'd) Unpublished works: nature of copy. (cont'd) Additional material. The following are unpublished works for which the deposit of a single copy must be accompanied by addi tional material of some kind: 1) Motion pictures (see section 806.13 below) : 2) Holograms (see section 806.03 below). Published works. Three general requirements apply to the deposit of works first published in the united states: (1) two copies or phonorecords must be deposited: (2) the copies or phonorecords must be Icomp1ete": and (3) the copies or phonorecords must be the "best edition" of the work, as defined by the statute. See 17 U.S.C. 408(b)(2). Published works: number of copies or phono records. Although two copies or phonorecords are generally required for registration of pUblished works, the statute empowers the Register of Copyrights to specify that the deposit shall be one copy or phonorecord for particular types of works. See 17 u.s.c. 408(c)(1). The deposit regulations (37 C.F.R. 202.20(c)(2)(i» state that the deposit of only one copy or phonorecord will suffice in lieu of two copies or phonorecords for certain works: 1) Published three-dimensional cartographic representations of area, such as globes and relief models: 2) Published diagrams illustrating scientific or technical works or formulating scien tific or technical information in linear or other two-dimensional form, such as an architectural or engineering blueprint, or a mechanical drawing: 3) Published greeting cards, picture postcards, and stationery: [1984]
L 800-5 805 Published works. (cont1d) 805.01 Published works: number of copies or phono records. (contid) 4) Lectures, sermons, speeches, and addresses published individually, and not as a col lection of the works of one or more authors: 5) Published contributions to a collective work: 6) Musical compositions published in copies only or in both copies and phonorecords, if the only publication of copies took place by rental, lease, or lending: 7) Published multimedia kits which are pre pared for use in systematic instructional activities and which include literary works, audiovisual works, sound record ings, or any combination of such works: 8) Works consisting of multiple parts that are packaged and published in a flat-sided box or similar container, of no more than 12 by 24 by 6 inches, and that include among the copy rightable elements of the work, in addition to any copyrightable element on the box or other container, three or more three-dimen sional, physically separable parts. See 37 C.F.R. 202.20(c)(2)(i)(H), 37 C.F.R. 202.20 (c)(2)(ix)(B)(5), and section 806.01(a)(4) below: and 9) Motion pictures. 805.02 Published works: the meaning of "complete". In general, the requirement that published copies or phonorecords be "complete" means that they should be physically undamaged and include all elements of the applicable unit of publication of the work, including elements that, if considered separately, would not be copyrightable subject matter. See 37 C.F.R. 202.20(b)(2)(ii). [1984]
800-6 805 Published works. (cont'd) 805.02 Published works: (contid) the meaning of "complete". 805.02(a) Complete copies: missing parts. Where certain physically separable elements are missing from the deposit, a copy or phono record will still be accepted as a complete copy, if: 1) All the parts of the work for which registration is sought are present; and 2) The removal of the missing elements did not physically damage the copy or phono record or garble its contents; and 3) The work is exempt from mandatory deposit under section 407 of the copyright law (see 17 U.S.C. 407, and 37 C.F.R. 202.19 (c» or the copy deposited consists entirely of a container, wrapper, or holder which is exempt from the identifying material requirements because it can be stored flat. See section 806.01 (a) below. .J ~ 805.02(b) Complete copies: special situations. In particular situations, the deposit regula tions give a special definition of the word II complete II when it applies to certain pub lished works. 805.02(b)(1) Contributions to collective works. A complete copy or phonorecord of a pub lished contribution to a collective work is either the entire collective work, in cluding the contribution or, if the col lective work is a newspaper, the entire section of the paper which includes the contribution. See 37 C.F.R. 202.20(b) (2)(iii). [1984] ..~
800-7 805 Published works. (cont'd) 805.02 Published works: the meaning of "complete." (cont'd) 805.02(b) Complete copies: special situations. (cont'd) 805.02(b)(2) Published sound recordings. In the case of a published sound recording, a com plete phonorecord includes the phono record and any visually perceptible material which is pUblished with it, such as text or pictorial matter on album covers on record sleeves, or leaflets or booklets included in an album. See 37 C.F.R.202.20(b)(2)(iv). Example: A phonorecord is published with an album cover, a sleeve with text, and a poster picturing the performing artist. The complete deposit of the sound recording is the phonorecord plus all the additional material described above as the unit of publication. 805.02(b)(3) Music published only by rental, lease, or lending. In the case of a musical compo sition published in copies only, or in both copies and phonorecords, if the only publication of copies took place by the rental, lease, or lending of a full score and parts, a full score is a complete copy: and if the only publication of copies took place by the rental, lease, or lending of a conductor's score and parts, a conductor's score is a complete copy. See 37 C.F.R. 202.20(b)(2)(v). 805.02(b)(4) Motion pictures. A special definition of "complete" applies to published motion pictures. A copy of a motion picture is complete if: L [1984]
805 800-8 Published works. (cont'd) 805.02 805.02(b) 805.02(b)(4) 805.03 805.03(a) Published works: the meaning of "complete." (cont'd) Complete copies: special situations. (cont'd) Motion pictures. (cont'd) the reproduction of all of the visual and aural elements constituting the copyrightable subject matter in the work is clean, undamaged, undeterio rated, and free of splices, and the copy itself and its physical housing are free of any defects that would interfere with the performance of the work or that would cause me chanical, visual, or audible defects or distortions. See section 806.13 below. The meaning of "best edition." The copyright law generally requires that a deposit of a pUblished work be the "best edition" of the work. See 17 U.S.C. 408(b)(2). The "best edition" of a published work is lithe edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes. II See 17 U.S.C. 101. Library of Congress statement of policy. The Library of Congress has published a policy statement entitled "Best Edition of Published Copyrighted Works for the Collections of the Library of Congress" (referred to hereinafter as the "Best Edition Statement II or the "Statement"). This policy statement is not a part of the copyright statute, nor is it a Copyright Office regulation. It expresses, by listing the criteria for choosing among several editions of a work, part of the current acquisitions policies of the Library of Congress with respect to certain works. [1984]
805 805.03 80s.03(a) 80s.03(b) 800-9 Published works. (cont'd) The meaning of "best edition." (cont'd) Library of Congress statement of policy. (cont'd) Examples: 1) In 1978, a copyright owner publishes a novel in both paperback and hardback editions. There was no difference in the content of the book between the paperback and the hardback. The Best Edition state ment was used to choose between the two. According to the criteria listed in the Best Edition statement, the hardback was determined to be the best edition. 2) In 1980, a copyright owner published an architectural treatise on ordinary paper and on archival quality paper. According to the criteria specified in the Best Edition Statement, the archival quality paper was chosen as the best edition. NOTE: The text of the "Best Edition of Pub lished Copyrighted Works for the Collections of the Library of Congress" may be found in the Appendix to this chapter. If no specific criteria in Best Edition Statement. Where no specific criteria for selection of the best edition are included in the Best Edition Statement for a given work, and where the Copyright Office is aware that two or more editions of a work have been published, the Office will consult with appro priate officials in the Library of Congress. Example: Where an audiovisual work was published in two editions, one on a filmstrip and the other as a set of slides, the Office will consult with appropriate officials in the Library of Congress, since this situation is not covered in the Best Edition Statement. [1984]
800-10 805 Published works. (cont'd) 805.03 The meaning of "best edition." (cont'd) 805.03(c) Difference in copyrightable content. Where there is a difference in copyrightable con tent between two or more editions of a work, each edition which contains new copyrightable authorship is subject to separate deposit and registration. Consequently, the Best Edition statement, based on such differences, does not apply. Example: In 1978, a copyright owner published a novel in hardback without annotations, and later published the novel in hardback with extensive annotations. In this case, new copyrightable matter was added to the second book. Thus, the second book is considered a separate work for purposes of deposit and registration, and therefore the Best Edition Statement, 1 based on such differences, does not ~ apply. 805.03(d) Exceptions to the. requirement of the best edition. There are two important exceptions to the general requirements of the best edi tion explained above. These exceptions are for works first published before January 1, 1978, but submitted for registration after that date, and works first published outside the United States, whenever published. 805.03(d)(1) A work first published in the United States before January 1, 1978. Generally the required deposit for any work which was first published in the United States before January 1, 1978, is two complete copies or phonorecords of the work as first fUblished. See 37 C.F.R. 202:20 ( c) (1) rrr: [1984]
800-11 805 Published works. (cont'd) 805.03 The meaning of "best edition." (cont'd) 805.03(d) best 805.03(d)(2) A work first published outside the United states at an~ time. Generally, the re quired depos1t for works first published outside the United States, whenever pub lished, is one complete copy or phono record of the work as first published. See 37 C.F.R. 202.20(c)(1)(iv). 805.03(d)(3) Works first published simultaneously within and outside the United states. If a work was first published simultaneously within and outside the United States, it is considered, for the purposes of this section, to have been first published in the United States. See 37 C.F.R. 202.20 (c)(l)(iv). NOTE: "First published simultaneously," for this purpose, means first published on the same date. 806 Quantity and content of material deposited: special situations. The following are special situations with respect to the quantity and content of material deposited for registration. 806.01 Works reproduced in or on three-dimensional objects. In the case of works reproduced in or on three-dimensional objects, identifying material is required as a deposit. 806.01(a) Works reproduced in or on three-dimensional objects: when this modification a~plies. Identifying material must be subm1tted instead of a copy or copies when the deposit would ordinarily be a three-dimensional sculptural work. Examples are statues, carvings, ceramics, and models. This requirement applies to both unpublished and pUblished works. Subject to the exceptions [1984]
800-12 806 806.01 806.0l(a) of material de osited: s ecial Works reproduced in or on three-dimensional objects. (cont'd) Works reproduced in or on three-dimensional objects: when this modification applies. (cont'd) below, the requirement also applies to any two-dimensional or three-dimensional work which has been fixed (if unpublished) or published only in the form of jewelry, toys, dolls, games, or any three-dimensional useful articles. See 37 C.F.R. 202.20(c)(2)(ix)(A). NOTE: The following are exceptions to the general requirements of submitting identi fying material instead of an actual copy or copies: 1) Works that are reproduced by intaglio or relief printing methods on two-dimen sional materials such as paper or fabrics. 2) Three-dimensional cartographic represen tations of area, such as globes and relief models. In the case of a globe, one actual copy of the three-dimensional globe, and the stand or any material pub lished with it, is the complete deposit. 3) Works that have been fixed or published in or on a useful article which is one of the elements of the unit of publication of a multimedia kit (an educational or instructional kit which also includes a literary or audiovisual work, a sound recording, or any combination of such works). See 37 C.F.R. 202.20(c)(ix) (B)(3). 4) Works consisting of multiple parts that are packaged and pUblished in a flat sided box or similar container, of no more than 12 by 24 by 6 inches, and that [1984]
806 800-13 Quantity and content of material deposited: special situations. (cont'd) 806.01 Works re or on three-dimensional objects. 806.0l(a} Works reproduced in or on three-dimensional objects: when this mOdification applies. (cont'd) NOTE: (cont'd) 4} (cont'd) include among the copyrightable elements of the work, in addition to any copy rightable element on the box or other container, three or more three-dimen sional, physically separable parts. 5} Works reproduced on three-dimensional containers which are capable of flat storage and which, when opened, slit, or folded, do not exceed 96 inches in any dimension. The container must be capable of being flattened in such a way that the copyrightable material on the container is not damaged. 806.0l(b} Works reproduced in or on three-dimensional objects: what must be deposited. When identifying material is required, it must comply with the specifications below. See 37 C.F.R. 202.21. 806.0l(b}(1} Type of material. Identifying material consists of a two-dimensional reproduc tion or rendering of the work in some form which is visually perceivable with out the aid of a machine or device. The identifying material may consist of photo graphic prints, transparencies, photo copies, drawings, or a similar rendering of the work. [1984] L
806 800-14 Quantity and content of material deposited: special situations. (cont'd) 806.01 Works reproduced in or on three-dimensional objects. (cont'd) 806.0l(b) Works reproduced in or on three-dimensional objects: what must be deposited. (cont'd) 806.0l(b)(2) Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. 806.0l(b)(3) Content of pieces. * copyrightable content. The identi fying material must clearly show the entire copyrightable content of the work for which registration is sought. * Copyright notice. In the case of works published with notice of copy right, the notice and its position on the work must be clearly shown on at least one piece of identifying mate rial. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. Title and dimensions. At least one * piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. * Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable con tent of the work. [1984]
800-15 806 Quantity and situations. content of material deposited: (cont'd) special 806.01 Works reproduced in objects. (cont'd) or on three-dimensional 806.01(b) Works re objects: roduced in or on three-dimensional what must be deposited. 806.01(b)(3) Content of pieces. (cont'd) * Color. Generally, the identifying material may be in black and white or may consist of a reproduction of the actual colors of the work. However, if the work reproduced in or on the three-dimensional object is pictorial or graphic, the identifying material must reproduce the actual colors employed in the work. 806.01(b)(4) Size of pieces. * Uniform size. All pieces, except separate drawings or similar repro ductions of the copyright notice, must be of uniform size. photographic transparencies. Photo * graphic transparencies must be at least 35mrn in size, and if 3 by 3 inches or less, they must be mounted in card board, plastic, or similar mounts to facilitate identification, handling, and storage. If the transparencies are larger than 3 by 3 inches, the Copyright Office prefers that they be mounted for easy handling, and may require such mounting in particular cases. All pieces except photographic trans * parencies. The preferred size for all pieces except photographic transpar encies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. [1984J
800-16
806 Quantit and content of material de osited: s ecial
situations. (cont'd
806.02 Ov copies. ersize In the case of any copy which
is oversize, identifying material is required as
a deposit.
806.02{a) oversize copies: when this requirement applies.
Identifying material must be submitted in lieu
of an actual copy or copies whenever any
single dimension of a deposit otherwise
required under the regulations is larger than
96 inches. See 37 C.F.R. 202.20{c){2){ix).
806.02{b) Oversize copies: what must be deposited.
When identifying material is required, it
must comply with the specifications below.
See 37 C.F.R. 202.21.
806.02{b){l) Type of material. Identifying material
consists of a two-dimensional reproduction
or rendering of the work in some form which
is visually perceived without the aid of
a machine or device. The identifying
material may consist of photographic
prints, transparencies, photocopies,
drawings, or a similar rendering of the
work.
806.02{b){2) Number of pieces. One set, of as many
pieces as are necessary to show clearly
the entire copyrightable content of the
work for which registration is sought, is
required.
806.02{b){3) Content of pieces.
* Copyrightable content. The identi
fying material must clearly show the
entire copyrightable content of the
work for which registration is sought.
* Copyright notice. In the case of works
published with notice of copyright, the
notice and its position on the work must
be clearly shown on at least one piece
of identifying material. Such piece
[1984J
800-17 806 of material de osited: s ecial 806.02 Oversize copies. (cont'd) 806.02(b) oversize copies: what must be deposited. (cont'd) 806.02(b)(3) Content of pieces. (cont'd) * Copyright notice. (cont'd) shall show the exact appearance and con tent of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. * Title and dimension. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. * Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than life size, the image must be large enough to show clearly the entire copyright able content of the work. * Color. Generally, the identifying material may be in black and white or may consist of a reproduction of the actual colors of the work. However, if the work reproduced in or on the three-dimensional object is pictorial or graphic, the identifying material must reproduce the actual colors employed in the work. [1984]
800-18 806 806.02 806.02(b) 806.02(b)(4) 806.03 806.03(a) of material de osited: s ecial Oversize copies. Oversize copies: what must be deposited. (cont'd) Size of pieces. * Uniform size. All pieces, except separate drawings or similar repro ductions of the copyright notice, must be of uniform size. * photographic transparencies. Photo graphic transparencies must be at least 35mm in size. If the trans parencies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and pre serve: and the Copyright Office may require such mounting in particular cases. * All pieces except photographic trans parencies. The preferred size for all. pieces except photographic transpar encies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. Holograms. In the case of any work deposited in the form of a hologram, identifying material which complies with the specifications below must be submitted with the required copy or copies of the hologram. See 37 C.F.R. 202.20(c)(2)(iii). Holograms: when this modification applies. This requirement applies to both unpublished and published holograms. [1984]
800-19 806 of material de osited: s ecial 806.03 806.03(b) 806.03(b)(1) 806.03(b)(2) 806.03(b)(3) Holograms. (cont'd) Holograms: what must be deposited. In addi tion to the copy or copies required to be deposited for registration, there shall also be deposited for each such copy one set of additional items. The sets shall consist of the following: (1) precise instructions for displaying the image fixed in the hologram: and (2) identifying material which clearly shows the displayed image and complies with the requirements set forth below. Type of material. Identifying material consists of a two-dimensional reproduction or rendering of the work in some form which is visually perceivable without the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work. Number of pieces. As many pieces as are necessary to show clearly the displayed image are required. Content of pieces. * Copyrightable content. The identi fying material must clearly show the displayed image. Copyright notice. In the case of * holograms published with notice of copyright, the notice and its position on the hologram must be clearly shown on at least one piece of identifying material. Such piece shall show the exact appearance and content of the notice on the hologram, and its specific position on the hologram. ~ [1984]
806 800-20 of material de osited: s ecial 806.03 Holograms. (cont'd) 806.03(b) Holograms: what must be deposited. (cont'd) 806.03(b)(3) Content of pieces. (cont'd) Copyright notice. (cont'd) * Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. * Title. At least one piece of identi fying material must indicate, on its front, back, or mount, the title of the work. * Image size. The identifying material must be large enough to show clearly the displayed image. 806.03(b)(4) Size of pieces. * Uniform size. All pieces must be of uniform size. * photographic transparencies. Photo graphic transparencies must be at least 35rnrn in size. If the trans parencies are 3 by 3 inches or less, they must be mounted ~ a way that makes them easy to handle and pre serve: and the Copyright Office may require such mounting in particular cases. * All pieces except photographic trans parencies. The preferred size for all pieces except photographic transparen cies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. [1984]
800-21 806 Quantity and content of material deposited: special situations. (cont'd) 806.04 un~ublished pictorial or graphic works. Identi fy~ng material may be deposited instead of an actual copy for all unpublished pictorial or graphic works. 806.04(a) Unpublished pictorial or graphic works: when this modification This provision applies to a P11ies. ished pictorial all unpuE or graphic works. 806.04(b) Unpublished pictorial or graphic works: what must be de~osited. Identifying material for unpublishe works is material which complies with the specifications given below. 806.04(b)(l) Type of material. Identifying material consists of a two-dimensional reproduction or rendering of the work in some form which is visually perceivable without the aid of a machine or device. The identi fying material may consist of photo graphic prints, transparencies, photo copies, drawings, or a similar rendering of the work. 806.04(b)(2) Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. 806.04(b)(3) Content of pieces. co~yrightable content. The identi * fy~ng material must clearly show the entire copyrightable content of the work for which registration is sought. Title and dimensions. At least one * piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. ~ [1984]
800-22 806 Quantity and situations. content of material deposited: (cont'd) special 806.04 Unpublished pictorial or graphic works. (cont'd) 806.04(b) Unpublished pictorial or graphic works: must be deposited. (cont'd) what 806.04(b)(3) Content of pieces. (cont'd) * Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work. * Color. The identifying material must reproduce the actual colors employed in the work. 806.04(b)(4) Size of pieces. * Uniform size. All pieces except sepa rate drawings or similar reproductions of the copyright notice, if any, must be of uniform size. * Photographic transparencies. Photo graphic transparencies must be at least 35mm in size. If the transpar encies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve; and the Copyright Office may require such mounting in particular cases. * All pieces except photographic trans parencies. The preferred size for all pieces except photographic transpar encies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. [1984J
800-23 806 806.05 806.0s(a} 806.0s(b} 806.0s(b}(1} 806.0s(b}(2} of material de osited: special Pictorial or graphic works published in certain limited editions. The deposit of either one complete copy of the work or identifying material complying with the specifications given below may be made in the case of pictorial or graphic works published in certain limited editions. See 37 C.F.R. 202.20(c}(2}(iv}. Pictorial or graphic works published in certain limited editions: when this modifi cation applies. This modification applies to published pictorial or graphic works only if the individual author is the owner of copy right in the work, and either: (I) less than five copies of the work have been published, or (2) the work has been published and sold or offered for sale in a limited edition consisting of no more than 300 numbered copies. Pictorial or graphic works published in certain limited editions: what must be deposited. The applicant may deposit either one complete copy of the work or identifying material which complies with the specifica tions given below. NOTE: It is not neces sary that the copy deposited be one of the numbered copies of the limited edition. Type of material. Identifying material consists of a two-dimensional reproduc tion or rendering of the work in some form which is visually perceivable with out the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work. Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. [1984J
800-24 806 806.05 806.05(b) 806.05(b)(3) of material de osited: s ecial ublished in certain Pictorial or graphic works published in certain limited editions: what must be deposited. (cont'd) Content of pieces. * Co~yrightable content. The identi fy1ng material must clearly show the entire copyrightable content of the work for which registration is sought. * Copyright notice. In the case of works pUblished with notice of copy right, the notice and its position on the work must be clearly shown on at least one piece of identifying mate rial. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. Title and dimension. At least one * piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. * Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work. * Color. The identifying material must reproduce the actual colors employed in the work. [1984]
800-25 L 806 806.05 806.05(b) 806.05(b)(4) 806.06 806.06(a) of material de osited: s ecial Pictorial or raphic ublished in certain lim1ted editions. Pictorial or graphic works published in certain limited editions: what must be deposited. (cont'd) Size of pieces. * Uniform size. All pieces except sepa rate drawings or similar reproductions of the copyright notice must be of uniform size. * Photographic transparencies. Photo graphic transparencies must be at least 35mm in size. If the transpar encies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve; and the Copyright Office may require such mounting in particular cases. * All pieces except photographic trans parencies. The preferred size for all pieces except photographic transparen cies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. Published commercial prints or labels. Gen erally, in the case of prints, labels, and other advertising matter published in connection with the rental, lease, lending, licensing, or sale of articles of merchandise, works of authorship, or services, the deposit of one complete copy of the work will suffice. There are two exceptions to this general rule set forth below. See 37 C.F.R. 202.20(c)(2)(v) • Commercial prints or labels published in a lar 1er work. In the case of a print or label pub ished in a larger work, such as a news paper or other periodical, one copy of the entire page or pages upon which it appears may be submitted in lieu of the entire larger work. [1984J
806 800-26 Quantity and content of material deposited: special situations. (cont'd) 806.06 Published commercial prints or labels. (cont'd) 806.06(a) Commercial prints or labels published in a larger work. (cont'd) Example: A soap company has published a half-page advertisement in a newspaper, and submits an application, fee, and the entire page on which the advertisement appears, taken from the newspaper. The deposit is acceptable. 806.06(b) Commercial print or labels that are physi cally inseparable from a three-dimensional object. In the case of a print or label which is physically inseparable from a three-dimensional object, identifying mate rial which complies with the following specifications must be submitted rather than an actual copy unless the work is reproduced on three-dimensional containers which are capable of flat storage, and when opened, slit, or folded, do not exceed 96 inches in any dimension. In a case of this kind, the container must be capable of being flattened in such a way that the copyrightable matter on the container is not damaged. See 37 C.F.R. 202.20(c)(ix)(B)(6). 806.06(b)(l) Type of material. Identifying material consists of a two-dimensional reproduc tion or rendering of the work in some form which is visually perceivable with out the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work. 806.06(b)(2) Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. [1984]
806 800-27 of material deposited: s ecial 806.06 Published commercial prints or labels. (cont1d) 806.06(b) or labels that are physi 806.06(b)(3) Content of pieces. * * * * * Copyrightable content. The identi fying material must clearly show the entire copyrightable content of the work for which registration is sought. Copyright notice. In the case of works published with notice of copy right, the notice and its position on the work must be clearly shown on at least one piece of identifying mate rial. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. Title and dimension. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work. Color. Generally, the identifying material may be in black and white or may consist of a reproduction of the actual colors of the work. However, [1984]
806 800-28 content of material de osited: s ecial 806.06 Published commercial prints or labels. (cont'd) 806.06(b} Commercial prints or labels that are physi cally inseparable from a three-dimensional object. (cont'd) 806.06(b}(3} Content of pieces. (cont'd) * Color. (cont'd) if the work reproduced in or on the three-dimensional object contains any pictorial or graphic matter, the iden tifying material must reproduce the actual colors employed in the work. 806.06(b)(4) Size of pieces. Uniform size. All pieces except sepa * rate drawings or similar reproductions of the copyright notice must be of uniform size. * Photographic transparencies. Photo graphic transparencies must be at least 35mm in size. If the transpar encies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve: and the Copyright Office may require such mounting in particular cases. * All pieces except photographic trans parencies. The preferred size for all pieces except photographic transparen cies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 or larger than 9 by 12. 806.07 Published tests and answer material. In the case of tests and answer material for tests which have been published separately from other literary works, one complete copy may be deposited in lieu of two copies. See 37 C.F.R. 202.20(c)(2)(vi). [1984]
800-29 806 806.08 806.08 (a) 806.08(b) 806.08(c) of material de osited: s ecial Secure tests. A special deposit procedure is available for "secure tests." See 37 C.F.R. 202.20(c)(2)(vi). Secure tests: when this modification applies. This procedure applies to "secure tests." A secure test is defined as a nonmarketed test administered under supervision at specified centers on specified dates, all copies of which are accounted for and either destroyed or returned to restricted locked storage following each administration. For this purpose a test is considered as "not marketed ll if copies are not sold but it is distributed and used in such a manner that ownership and control of copies remain with the test spon sor or publisher. See 37 C.F.R. 202.20(b)(4). Secure tests: what must be deposited. One complete copy of the test must be deposited with identifying material which constitutes a sufficient archival record of the deposit. The sufficiency of the identifying material is determined by the Copyright Office Exam ining Division. The actual copy is returned to the applicant after examination; the identifying material is retained as the archival record of the deposit. Secure tests: special procedure. When a secure test is to be registered under this special procedure, the Head of the Literary Section, Examining Division, must be notified in advance by the applicant or authorized representative. The Section Head will then arrange for examination of the material in a nonpublic place with the applicant or autho rized representative present. The receipt date will be stamped on the appropriate material by the examiner receiving the claim. After examination, the actual copies of the test will be returned to the applicant or authorized representative. The application and the identifying material will then pro ceed through the registration process in the usual manner. [1984]
800-30 806 806.09 806.10 806.l0(a) 806.l0(b) 806.l0(c) of material de osited: s ecial pictorial or graphic works reproduced in or on sheetlike materials. In the case of any unpub lished work that is fixed, or any published work that is published only in the form of a two dimensional reproduction on sheetlike materials such as textile and other fabrics, the deposit shall consist of one copy in the form of an actual swatch or piece of such material suffi cient to show all elements of the work in which copyright is claimed and the copyright notice, if any, appearing on the work. If the work consists of a repeated pictorial or graphic design, the complete design and at least part of one repeti tion must be shown. Examples of such works include lace, embroidery, wallpaper, wrapping paper, carpeting, linoleum, and other floor coverings. See 37 C.F.R. 202.20(c)(2)(viii). Pictorial or graphic works reproduced on sheet like materials published only in or on three dimensional objects. Where a work is reproduced on sheetlike mater~als which have been published only in or on three-dimensional articles, the deposit must generally consist of identifying materials which meet the following specifications. T¥pe of material. Identifying material con s~sts of a two-dimensional reproduction or rendering of the work in some form which is visually perceivable without the aid of a machine or device. The identifying material may consist of photographic prints, trans parencies, photocopies, drawings, or a similar rendering of the work. Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. Content of pieces. * Copyrightable content. The identifying material must clearly show the entire copyrightable content of the work for which registration is sought. [1984]
800-31 806 of material de osited: special 806.10 in or on three 806.l0(c) Content of pieces. (cont'd) * Copyright notice. In the case of works published with notice of copyright, the notice and its position on the work must be clearly shown on at least one piece of identifying material. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. * Title and dimensions. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. * Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work. Color. The identifying material must * reproduce the actual colors employed in the work. 806.l0(d) Size of pieces. Uniform size. All pieces except separate * drawings or similar reproductions of the copyright notice must be of uniform size. Photographic transparencies. photographic * transparencies must be at least 35mm in size. If the transparencies are 3 by 3 inches or less, they must be mounted in a [1984]
800-32 806 806.10 806.l0(d) 806.11 of material de osited: s ecial pictorial or graphic works reproduced on sheet like materials ublished onl in or on three d1mens1onal objects. cont'd Size of pieces. (cont'd) * photographic transparencies. (cont'd) way that makes them easy to handle and preserve: and the Copyright Office may require such mounting in particular cases. * All pieces except photographic transpar encies. The preferred size for all pieces except photographic transparencies is 8 by 10 inches, but in no case maya piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. NOTE: In certain cases where the two-dimen sional pictorial and graphic material is embodied in an article of wearing apparel or ) the like, the Copyright Office will accept as """" a deposit the actual garment, provided that its seams have been split and the deposit includes all the panels utilized in the con struction of the garment. Separate registration for work embodied only in a motion licture soundtrack. For separate regis tration 0 an unpublished work that is fixed, or a published work that is published, only as embodied in a soundtrack that is an integral part of a motion picture, identifying material will suffice in lieu of an actual copy or copies of the motion picture. Such identifying material shall consist of: 1) A transcription of the entire work, or a reproduction of the entire work on a-Phono record: and 2) Photographs or other reproductions from the motion picture showing the title of the [1984]....)
800-33 806 Quantity and content of material deposited: special situations. (cont'd) 806.11 Se arate re istration for work in a mot~on p~cture soundtrack. 2) (cont' d) motion picture, the soundtrack credits, and the copyright notice, if any, for the soundtrack. See 37 C.F.R. 202.2l(f). 806.12 Machine-readable works. Where an unpublished literary work is fixed, or a published literary work is published only in the form of machine readable copies (such as magnetic tapes or disks, punch cards, or the like) from which the work cannot ordinarily be perceived except with the aid of a machine or device, special deposit requirements apply. See 37 C.F.R. 202.20(c) ( 2 ) (vii) • 806.l2(a) Machine-readable works: what must be depos ited. The form of deposit varies depending on the type of machine-readable work sub mitted for registration, but generally con sists of some type of "identifying portions" of the work. Deposit of the entire work is acceptable in limited instances. In all cases, however, the deposit must be in a form visually perceptible without the aid of a machine or device. NOTE: Works published in a form requiring the use of a machine or device for purposes of optical enlargement (such as film, filmstrips, slide films, and works published in any variety of microform), and works published in visually perceptible form but used in connection with optical scanning devices, are not within this cate gory. See 37 C.F.R. 202.20(c)(2)(vii)(A-B). 806.12(a)(I) Published and unpublished computer pro grams. For both published and unpub lished computer programs, either one paper or one microform copy of the first and last 25 pages, or equivalent units [1984]
800-34 806 Quantit and situations. content of material de (cont'd osited: s ecial 806.12 Machine-readable works. (cont'd) 806.12(a) Machine-readable works: ited. (cont'd) what must be depos 806.12 (a) ( 1 ) Published and unpublished computer pro grams. ( cont I d) of the program, must be deposited. In cases where the work is under 50 pages or equivalent units in total length, the entire work should be deposited. If the work is published with a copyright notice, the applicant must also submit the page or equivalent unit which con tains the copyright notice. The source code rather than the object code is the best representation of the authorship, and therefore should generally be depos ited. See 37 C.F.R. 202.20(c)(2)(vii)(A). 806.12(a)(2) Published and unpublished automated data bases. Generally, the deposit for pub lished and unpublished automated data bases is a paper or microform copy of the first and last 25 pages of the work. The deposit for automated data bases which are made up of separate and distinct data files, however, is either 50 complete data records from each file, or the entire file, whichever is less. "Data file" and "file" mean a group of data records pertaining to a common subject matter, regardless of the physical size of the records or the number of data items included in them. In the case of revised versions of such data bases, the portions deposited must contain repre sentative data records which have been added or modified. When 50 complete data records from each separate file are sub mitted, however, a typed or printed descriptive statement must be submitted as well. That statement must include: [1984J
800-35 806 Quantity and situations. content of material deposited: (cont'd) special 806.12 Machine-readable works. (cont'd) 806.l2(a) Machine-readable works: ited. (cont'd) what must be depos 806.l2(a)(2) Published and unpublished automated data bases. (cont'd) 1) The title of the data base: 2) The claimant's name and address: 3) The name and subject matter content of each separate file within the data base, origin of the data, and approx imate number of individual records in the file: and 4) A description of the exact contents of any machine-readable copyright notice employed in or with the work and the manner and frequency with which it is displayed (~.~., at user's terminal only at s1gn-on, or continuously on terminal display, or on printouts, etc.). If a visually perceptible copyright notice is placed on any copies of the work (such as magnetic tape reels or their container), a sample of such notice must also accompany the statement. See 37 C.F.R. 202.20(c)(2)(vii)(B). 806.13 Motion pictures. The following requirements apply to unpublished and published motion pic tures. 806.l3(a) Unpublished motion pictures. The applicant may, for registration, deposit one complete copy or identifying material. In either case, a description is also required. See 37 C.F.R. 202.20(c)(2)(ii) and 202.2l(g). [1984]
800-36 806 806.13 806.l3(a) 806.l3(a)(1) 806.13(a)(2) of material de osited: s ecial Motion pictures. (cont'd) Unpublished motion pictures. (cont'd) Deposit of complete copy. If the appli cant chooses to deposit an actual copy of the work, the copy must be complete. A copy is complete if the reproduction of the visual and sound elements is clean, undamaged, undeteriorated, and free of splices, and if the copy and physical housing have no defects which would interfere with performance of the motion picture or cause mechanical, visual, or audible defects or distortions. See 37 C.F.R. 202.20(b)(2)(vi). The copy must be accompanied by a separate description of its contents, which may be a conti nuity, a pressbook, or a synopsis. See 37 C.F.R. 202.20(c)(2)(ii). However, when the Copyright Office is asked, it will encourage the deposit of a shooting script as the description. Deposit of identifying material. If the applicant chooses to deposit identifying material instead of an actual copy, two things must be deposited: 1) A description which may be a continuity, a pressbook, or a synopsis but which must include the title or continuing title of the work and the episode title, if any; the nature and general content of the program; the date of first fixation and whether it took place simultaneously with first transmission; the date of first transmission, if any; running time; and credits, if any, appearing on the work; and 2) Either an audio cassette or other phonorecord reproducing the entire soundtrack or other sound portion of [1984]
800-37 of material de osited: s ecial 806 806.13 806.l3(a) 806.l3(a)(2) 806.l3(b) 806.l3(b)(1) 806.l3(b)(2) 806.l3(b)(3) Motion pictures. (cont'd) Unpublished motion pictures. (cont'd) Deposit of identifying material. (cont'd) 2) (cont'd) the motion picture, or a set con sisting of one frame-enlargement or similar visual reproduction from each 10-minute segment of the motion pic ture. Frames clipped from the film are not acceptable. Published motion pictures. The deposit requirements for published motion pictures consist of one complete copy of the best edition of the motion picture and a description. Deposit of the best edition. The best edition of a motion picture is determined by referring to the criteria listed in the Best Edition Statement. See Appendix to this chapter. Deposit of a complete copy. The copy must be complete, meaning that the repro duction of the visual and sound elements comprising the copyrightable subject matter in the work must be clean, un damaged, undeteriorated, and free of splices, and that the copy itself and its physical housing must be free of any defects which would interfere with per formance of the motion picture, or cause mechanical, visual, or audible defects or distortions. See 37 C.F.R. 202.20(b) (2)(vi). Deposit of description. The copy must be accompanied by a separate description of its contents which may be a continuity, a pressbook, or a synopsis. See 37 C.F.R. 202.20(c)(2)(ii). However, when the [1984] L
800-38 806 Quantity and situations. content of material deposited: (cont'd) special 806.13 Motion pictures. (cont'd) 806.l3(b) Published motion pictures. (cont'd) 806.l3(b)(3) Deposit of description. (cont'd) Copyright Office is asked, it will encourage the deposit of a shooting script as the description. 806.l3(b)(4) Separately registrable works of author ship fixed in film, videotape, or the like. A film, videotape, or the like can constitute the form of embodiment in which a copyrightable work other than a motion picture is fixed. Generally, in such cases the deposit requirements for the particular work of authorship being registered govern the form of the deposit, rather than the deposit requirements for motion pictures. Examples include the following: 1) Pantomime fixed in a one-half-inch videocassette. 2) Choreography fixed in a hologram. 3) Resume spoken and fixed in a three quarter-inch videocassette. 4) Graphic illustrations fixed in Super 8 film. NOTE: For deposit requirements in the case of an unpublished work that is fixed or a published work that is pUblished only as embodied in a soundtrack that is an integral part of a motion picture, see section 806.11 above. [1984]
800-39 L 8 0 7 807.01 807.02 Motion Picture Agreement. The Library of Congress may, at its sole discretion, enter into an agreement permitting the return of copies of published motion pictures to the depositor under certain conditions and establishing certain rights and obligations with respect to such copies on the part of both the depositor and the Library of Congress. The Deposits and Acquisitions Section of the Acquisitions and processing Division of the Copyright Office administers the Motion Picture Agreement. See 37 C.F.R. 202.20(c)(2)(ii). The Motion Picture Agreement provides that after copyright registration has been completed the deposit copy will be returned to the depositor at the de positor's expense. However, a copy for addition to the Library's permanent collections is subject to recall by the Library of Congress at any time within a period of two years. In signing the Motion Picture Agreement, the depositor agrees, if the film is re called, to provide the Library with a copy which meets the archival quality standards set forth in the Agreement. Who may enter into the Agreement. The Agreement is available upon request to owners of copyright in published motion pictures or owners of the exclusive right of publication (including the exclusive right of distribution in the United States) who are depositing a copy of the motion picture in the Copyright Office and to foreign depositors whose works, although initially pub lished outside the United States, have been pub lished in the United States before the date of deposit. NOTE: Foreign depositors whose motion pictures are published only outside the United States before the date of deposit may enter into the Motion Picture Agreement by executing the basic Agreement, together with a Standard Modi fication of the Agreement, provided that the depositor has an established business office in the United States, or has designated a United States agent with express authority to receive service in the event the Agreement is breached. Who may sign the Agreement. An individual depositor or a legal representative may sign the Agreement. A business entity depositor may sign [1984] L
800-40 807 807.02 807.03 Motion Picture Agreement. (cont'd) Who may sign the Agreement. (cont'd) the Agreement through a legal representative empowered to bind the business entity, as for example, the officer of a corporation, an attorney-in-fact for the depositor, or another agent of a depositor satisfactory to the Library of Congress. In certain cases, the Standard Modification must be completed; see NOTE in section 807.01 above. Also, in certain cases, a bond signed by the attorney-in-fact for the depositor, which subjects such attorney-in-fact to certain liability under the Agreement, is required in addition to the Agreement. Return of deposit copy under the Agreement. The Copyright Office will return the motion picture to the depositor under the Agreement if it receives a specific written request for return of that particular motion picture. In general, the following conditions apply for the return of motion pictures: 1) If a motion picture is to be returned by a ~ private carrier designated by the depositor, shipment instructions must be included with the request for return. The instructions must name the carrier to be contacted, give an account number (if available), indicate that the motion picture is to be returned at the depositor's expense, include a declara tion of value, and state the amount of insurance required. 2) If the depositor so requests, the motion pic ture will be shipped collect by means of a private carrier chosen by the Library of Congress, with insurance coverage at the depositor's expense, to the amount of the declared value; if no value has been de clared, the amount of this insurance will be based on the estimated replacement cost for a copy of identical physical characteristics produced by a commercial laboratory. [1984J
800-41 807 Motion Picture Agreement. (cont'd) 807.03 807.04 807.05 Return of deposit copy under the Agreement. (cont'd) 3) Unless the Copyright Office is otherwise directed in writing at the time of deposit, motion pictures will be returned to the depositor by Special Fourth Class Mail. In these cases, the Library of Congress does not assume any responsibility for providing insurance. Because of the high risk of loss with respect to certain films, the Copyright Office will ordinarily attempt to contact depositors of 35mm feature films, oversize deposits, and copies of special value for instructions for return by private carrier at the depositor's expense. Recall of the deposit copy under the Agreement. At any time within a period of two years, the Library of Congress may make a written request that a copy of archival quality be submitted for its permanent collections under the terms of the Motion Picture Agreement. Upon receipt of that request one complete copy of the film, meeting the standards set forth in Appendix A of the Agreement, must be sent to: Motion Picture Section Motion Picture Broadcasting and Recorded Sound Division The Library of Congress Washington, D. C. 20540 Quality of copy deposited under the Agreement. If a depositor has signed the Motion Picture Agreement and deposits a copy, but does not request the return of the copy, it is considered a "non-agreement" film and is treated as though there is no Agreement on file. The standards that govern the quality of such a copy are those explained in section 806.13 above, and the special "archival quality" standards which are set forth in the language of the Agreement, and Appendix A thereto, do not apply. However, any copy recalled by the Library of Congress under the Agreement must meet all the technical guide lines set forth in Appendix A to the Agreement. [1984]
808 800-42 807 807.06 807.07 808.01 Motion Picture Agreement. (cont'd) Supplemental Property Agreement. Where a depositor who has entered into a Motion Picture Agreement has deposited for registration a copy of a motion picture which does not represent the form of copy which the Library of Congress wishes to retain for its collections, such copy may be accepted for registration if the depositor speci fically agrees in accordance with a Supplementary Property Agreement that a copy of archival quality will be delivered on demand under the Motion Picture Agreement. Termination of the Motion Picture Agreement. The Library of Congress may terminate the Motion Picture Agreement for any good cause, including single or repeated instances of breach of the Agreement. If an Agreement is terminated by the Library, the termination applies only to motion pictures deposited after the termination, and does not affect the rights or obligations of either party with respect to any copies already deposited or returned under the Agreement. If the Agreement is terminated by the Library, it iSj not subject to reinstatement unless the Library ~ believes that reinstatement, or entering into a new Agreement, would be in its best interests. See 37 C.F.R. 202.20(c)(2)(ii). Special relief from the deposit requirements for registration. Special relief is a procedure which allows the Register of Copyrights to grant the requestor the option of depositing less than or other than that which is required under the general deposit provisions. See 37 C.F.R. 202.20(d): see also 17 U.S.C. 407(c) and 408(c). Special relief: in general. Special relief was devised because it is impossible to establish exemptions or alternatives to cover all cases where the general deposit provisions of the statute might cause unnecessary hardship. Special relief is intended to respond to the legislative directive that deposit provisions be kept flexible "so that there will be no obliga tion to make deposit where it serves no purpose, so that only one copy or phonorecord may be [1984J
800-43 808 S ecial relief registration. 808.01 Special relief: in general. (cont'd) deposited where two are not needed, and so that reasonable adjustments can be made to meet practical needs in special cases." See H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. at 151 (1976), and S. Rep. No. 94-473, 94th Cong., 1st Sess. at 134 (1975). 808.02 Special relief: criteria. The decision whether to grant special relief is based on the acquisi tion policies of the Library of Congress in force at the time the request is made and the examining and archival requirements of the Copyright Office. 808.03 Special relief: procedures. The procedures for special relief are the following. 808.03(a) Required elements of request. Requests for special relief must be made in writing to the Chief, Examining Division, Copyright Office. The request must be signed by or on behalf of the person signing the application for regis tration. The request must set forth the specific reasons that it should be granted. Examples include unavailability of the re quired deposit, financial burden, confiden tiality, rarity, fragility, and weight. The request should also state the form of relief desired, e.~., permission to deposit one copy or phonorecord rather than two, permission to deposit alternative identifying material rather than one or two copies or phono records, permission to deposit incomplete copies or phonorecords rather than those normally constituting the best edition, or (for works first published before 1978) permission to deposit a later printing or edition rather than the work as first pub lished. 808.03(b) Responsibility for decision. The decision to grant or deny special relief is made by the Chief of the Examining Division after con sultation with the Chief of the Acquisitions and Processing Division of the Copyright Office. [1984]
800-44 808 808.03 808.03(c) 808.03(d) 808.04 Special relief from the deposit requirements for registration. (cont'd) Special relief: procedures. (cont'd) Special relief granted. When special relief is granted, the application will be anno tated as follows: "Special relief granted under 37 C.F.R. 202.20(d)." This annotation is keyed with an asterisk to the "DEPOSIT RECEIVED" space on the application for regis tration. NOTE: Where the work was first published before 1978, the annotation should also re flect the nature of the material deposited and refer to the remitter's letter; for example: 1) "Photocopies accepted under a grant of special relief in accordance with 37 C.F.R. 202.20(d). See correspondence file." 2) "Second printing accepted under a grant of special relief in accordance with 37 C.F.R. 202.20)(d). Re: notice of copyright on copies as first pUblished, see applicant's letter of " Special relief denied. Where the special relief is denied, the applicant will be notified in writing, and the letter to the applicant will set forth the reasons for the denial. Special relief: continuous or ongoing grants. In some cases a grant of continuous or ongoing special relief is possible. The procedures and criteria for such relief are the same as for one-time special relief. In such cases, however, the applicant is asked to include with each sub mission a covering letter or memorandum referring to such grant and the date thereof. Any con tinuous grant may be terminated by the Chief of the Examining Division after consultation with the Chief of the Acquisitions and Processing Division of the Copyright Office. Notice of [1984]
800-45 808 808.04 809 810 [1984] S ecial relief reglstratlon. relief: continuous or on rants. termination will be in writing and will set forth the specific date of termination which must be at least 30 days later than the date the notice is mailed. This notice is sent to the individual or organization to whom the grant of special relief had been given at the last address shown in the records of the Copyright Office. Relationship of deposit for registration to mandatory deposit under 17 U.S.C. 407. The deposit for a pub lished work that is acceptable under section 408 of the current Act, which deals with copyright regis tration, also satisfies the deposit requirements of section 407 of that Act, which deals with deposit for the use or disposition of the Library of Congress. Appendix. The text of the "'Best Edition' of Pub lished Copyrighted Works for the Collections of the Library of congress," mentioned in this chapter, appears as an APPENDIX which follows this page.
800-46 APPENDIX "Best Edition" of Published Copyrighted Works for the Collections of the Library of Congress· The Copyright Law (Title 17. United States Code) re quires that copies or phonorecords deposited in the Copyright Office be of the "best edition" of the work. The law states that "The 'best edition' of a work is the edition, published in the United States at any time before the date of deposit. that the Library of Congress determines to be most suitable for its purposes." When two or more editions of the same version of a work have been published. the one of the highest quality is generally considered to be the best edition. In judging quality, the Library of Congress will adhere to the criteria set forth below in all but exceptional circumstances. Where differences between editions represent varia tions in copyrightable content, each edition is a separate version and "best edition" standards based on such dif ferences do not apply. Each such version is a separate work for the purposes of the Copyright Law. Appearing below are lists of criteria to be applied in determining the best edition of each of several types of material. The criteria are listed in descending order of importance. In deciding between two editions, a criterion-by-criterion comparison should be made. The edition which first fails to satisfy a cnterion is to be con sidered of inferior quality and will not be an acceptable deposit. For example, if a comparison is made between two hardbound editions of a book, one a trade edition printed on acid-free paper and the other a specially bound edition printed on average paper, the former will be the best edition because the type of paper is a more important criterion than the binding. Under regulations of the Copyright Office, potential de positors may request authorization to deposit copies or phonorecords of other than the best edition of a specific work (e.g., a microform rather than a printed edition of a serial). • This excerpt is taken from Volume 43, No.2 of the Federal Register for Wednesday, January 4, 1978 (p. 766). [1984]
800-47 I. PRINTED TEXTUAL MATTER A. Paper, Binding, and Packaging: 1. Archival-quality rather than less-permanent paper. 2. Hard cover rather than soft cover. 3. Library binding rather than commercial binding. 4. Trade edition rather than book club edition. 5. Sewn rather than glue-only binding. 6. Sewn or glued rather than stapled or spiral-bound. 7. Stapled rather than spiral-bound or plastic-bound. 8. Bound rather than looseleaf, except when future looseleaf insertions are to be issued. 9. Slipcased rather than nonslipcased. 10. With protective folders rather than without (for broadsides). 11. Rolled rather than folded (for broadsides). 12. With protective coatings rather than without (except broadsides, which should not be coated). B. Rarity: 1. Special limited edition having the greatest number of special features. 2. Other limited edition rather than trade edition. 3. Special binding rather than trade binding. C. Illustrations: 1. Illustrated rather than unillustrated. 2. Illustrations in color rather than black and white. D. Special Features: 1. With thumb notches or index tabs rather than with out. 2. With aids to use such as overlays and magnifiers rather than without. E. Size: 1. Larger rather than smaller sizes. (Except that large-type editions for the partially-sighted are not required in place of editions employing type of more conventional size.) II. PHOTOGRAPHS A. Size and finish, in descending order of preference: 1. The most widely distributed edition. 2. 8 x 10-inch glossy print. 3. Other size or finish. B. Unmounted rather than mounted. C. Archival-quality rather than less-permanent paper stock or printing process. [1984]
800-48 III. MOTION PICTURES A. Film rather than another medium. Film editions are listed below in descending order of preference. 1. Preprint material, by special arrangement. 2. Film gauge in which most widely distributed. 3.35 mm rather than 16 mm. 4.16 mm rather than 8 mm. 5. Special formats (e.g., 65 mm) only in exceptional cases. 6. Open reel rather than cartridge or cassette. B. Videotape rather than videodisc. Videotape editions are listed below in descending order of preference. 1. Tape gauge in which most widely distributed. 2. Two-inch tape. 3. One-inch tape. 4. Three-quarter-inch tape cassette. 5. One-half-inch tape cassette. IV. OTHER GRAPHIC MATTER A. Paper and Printing: 1. Archival quality rather than less-permanent paper. 2. Color rather than black and white. B. Size and Content: 1. Larger rather than smaller size. 2. In the case of cartographic works, editions with the greatest amount of information rather than those with less detail. C. Rarity: 1. The most widely distributed edition rather than one of limited distribution. 2. In the case of a work published only in a limited, numbered edition, one copy outside the numbered series but otherwise identical. 3. A photographic reproduction of the original, by spe cial arrangement only. D. Text and Other Materials: 1. Works with annotations, accompanying tabular or textual matter, or other interpretative aids rather than those without them. E. Binding and Packaging: 1. Bound rather than unbound. 2. If editions have different binding, apply the criteria in I.A.2-I.A.7, above. 4. Rolled rather than folded. 5. With protective coatings rather than without. [1984]
800-49 V.PHONORECORDS A. Disc rather than tape. B. With special enclosures rather than without. C. Open-reel rather than cartridge. D. Cartridge rather than cassette. E. Quadraphonic rather than stereophonic. F. True stereophonic rather than monaural. G. Monaural rather than electronically rechanneled stereo. VI. MUSICAL COMPOSITIONS A. Fullness of Score: t, Vocal music: a. With orchestral accompaniment- i. Full score and parts, if any, rather than conductor's score and parts. if any. (In cases of compositions published only by rental, lease, or lending, this re quirement is reduced to full score only.) ii. Conductor's score and parts, if any, rather than con densed score and parts, if any. (In cases of compo sitions published only by rental, lease, or lending, this requirement is reduced to conductor's score only.) b. !Jnaccompanied: Open score (each part on separate staff) rather than closed score (all parts condensed to two staves). 2. Instrumental music: a. Full score and parts, if any, rather than conductor's score and parts, if any. (In cases of compositions published only by rental, lease, or lending, this re quirement is reduced to full score only.) b. Conductor's score and parts. if any, rather than con densed score and parts, if any. (In cases of compo sitions published only by rental, lease, or lending, this requirement is reduced to conductor's score only.) B. Printing and Paper: 1. Archival-quality rather than less-permanent paper. C. Binding and Packaging: 1. Special limited editions rather than trade editions. 2. Bound rather than unbound. 3. If editions have different binding, apply the criteria in I.A.2-I.A.12, above. 4. With protective folders rather than without. [1984J
800-50 VII. MICROFORMS A. Related Materials: 1. With indexes. study guides. or other printed matter rather than without. B. Permanence and Appearance: 1. Silver halide rather than any other emulsion. 2. Positive rather than negative. 3. Color rather than black and white. C. Format (newspapers and newspaper-formatted serials): 1. Reel microfilm rather than any other microform. D. Format (al/ other materials): 1. Microfiche rather than reel microfilm. 2. Reel microfilm rather than microform cassettes. 3. Microfilm cassettes rather than micro-opaque prints. E. Size: 1. 35 mm rather than 16 mm. VIII. WORKS EXISTING IN MORE THAN ONE MEDIUM Editions are listed below in descending order of prefer ence. A. Newspapers. dissertations and theses. newspaper formatted serials: 1. Microform. 2. Printed matter. B. All other materials: 1. Printed matter: 2. Microform. 3. Phonorecord. (Effective: January 1. 1978.) [END OF CHAPTER 800] [1984]
901 902 903 904 905 905.01 905.02 905.03 905.04 905.05 906 906.01 906.02 906.03 907 908 908.01 908.02 908.03 909 [1984] Chapter 900 PUBLICATION Outline of Topics Applicability of this chapter. Statutory provision. Authorization by the copyright owner. General policy concerning publication. Distribution as publication. Multiple copies or phonorecords. To the public. Deposit in a public library. Deposit for registration in the Copyright Office. By sale or other transfer of ownership, or by rental, lease, or lending. Offering to distribute as publication. No existing copies or phonorecords. To a group of persons. For purposes of further distribution, public performance, or public display. Alternative forms of publication. Public performance or display not a publication. To perform. To display. Public or private. Publication of recorded material first distributed before January 1, 1978.
Chapter 900 PUBLICATION Outline of Topics - 2 910 910.01 910.02 910.03 910.04 910.05 910.06 910.07 910.08 910.09 911 911. 01 911.02 911.03 911.04 911.05 911.06 912 912.01 Date and nation of first pUblication. General policy concerning date and nation of first publication. Choice of a date of first pUblication. Release date. Embodiment of previously unpublished material in another work. Publication of part of a work. Publication in serial form. Publication of separate parts or installments. Previous registration and new versions. Works first published outside the United states. Problems relating to date of publication. No date of publication. Incomplete date. Impossible or improbable date. Other calendrical systems. Separate parts or installments. Previous edition or version. Indicia of pUblication. Appearance of deposited material. [1984J
L Chapter 900 901 902 903 904 PUBLICATION Applicability of this chapter. The provisions of this chapter are applicable only to acts which occurred on or after January 1, 1978. Copyright Office practices concerning publication before January 1, 1978, are stated in Compendium I and generally still apply. statutory provisions. Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication. 17 U.S.C. 101. Authorization by the copyright owner. Not included in the statutory definition of IIpublication ll but implicit in the meaning of the term as applied to copyright registration and related activities is the requirement that acts constituting publication must be by the copy right owner or under his or her authority. The unauthorized acts of others do not result in such publication. Section 106 of the current Act explicitly provides that the owner of copyright has the sole power to authorize distribution of IIcopies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending. II See 17 U.S.C. 106(3). General policy concerning publication. The following points represent the general policy of the Copyright Office concerning publication: 1 ) The Office will ordinarily not attempt to decide whether or not publication has occurred but will generally leave this decision to the applicant. 2) The Office will not attempt to make investigations to determine whether publication has occurred. factual or not 3) When asked for advice, the Office will ordinarily refrain from taking a definite position, but will quote the statutory definition and discuss the meaning of publication in general terms. 900-1 [1984J L
900-2 904 General policy concerning publication. (cont1d) 4) Where the applicant provides the Office with a statement of facts on the basis of which the applicant concludes that publication has occurred, registration will be made as a pub lished work, unless the facts as stated by the applicant clearly show that publication, as defined by the copyright law, has not taken place. 5) Where the applicant seeks registration as an unpublished work and provides the Office with a statement of facts which clearly show that publication has occurred, the Office will not register a claim to copyright in the work as unpublished. 6) Where the Office has information which is at variance with a statement concerning publica tion provided by the applicant, or where the appearance of the copy or phonorecord deposited seems clearly inconsistent with such statement, the Office will correspond with the applicant. .~ 905 Distribution as publication. Works are published when copies or phonorecords are distributed by the copyright owner or under his or her authority to the pUblic by sale or other transfer of ownership, or by rental, lease, or lending. 905.01 Multiple copies or phonorecords. The statutory definition refers to the distribution of "copies or phonorecords." A work which exists in only one copy or phonorecord is generally not regarded as published when the single existing copy or phonorecord is transferred by sale or otherwise, or when it is rented, leased, or lent. However, where multiple copies are available for distri bution, the transfer, rental, lease, or lending of a single copy or phonorecord will be suffi cient for registration to be made as a published work. Examples: 1) If an original oil painting is sold to a private collector, that sale does not con stitute publication. [1984]
900-3 905 905.01 905.02 Distribution as publication. (cont'd) Multiple copies or phonorecords. (cont'd) Examples: (cont'd) 2) Where a manufacturer of pottery places copies of its work on sale at a roadside stand next to the factory and sells a single copy, publi cation does take place. To the public. In order for publication to occur by the distribution of copies or phonorecords, such distribution must be "to the public" rather than a more limited distribution. Generally, members of the public are persons who are under no implied or express restriction with respect to disclosure of the work's contents. See H.R. Rep. 94-1476, 94th Cong., 2d Sess. 138 (1976). Examples: 1) The distribution of copies on a busy street corner is publication. 2) The unrestricted gift of copies constitutes publication. 3) Leaving copies in a public place for anyone to take is publication. 4) Distributing texts at a seminar for use only by the recipients is ordinarily not publication. NOTE: The fact that the copies bear a statement indicating that their distribution has been restricted or limited in some way will generally not constitute a sufficient basis for questioning whether or not publication occurred. Examples: 1) "Confidential these specifications are for subscribers' use only." 2) "Not for general distribution." 3) "For professional use only." [1984]
900-4 905 Distribution as publication. (cont'd) 905.03 Deposit in a public library. Where a copy or phonorecord of a work is deposited in a public library for unrestricted access by the public, the Copyright Office will not refuse registration as a published work. In such a case, the Office will assume that access to the deposit was unrestricted unless it has information to the contrary. 905.04 Deposit for registration in the Copyright Office. Deposit for registration in the Copyright Office will not be considered to constitute publication. 905.05 By sale or other transfer of ownership, or by rental, lease, or lending. Publication occurs by the sale or other transfer of ownership of copies or phonorecords or by their rental, lease, or lending. 906 Offering to distribute as publication. The offering by the copyright owner, or under his or her authority, to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publica tion. See 17 U.S.C. 101. The statutory definition implies that the offering to distribute must be of existing multiple copies or phonorecords. Examples: 1) The offering of a new line of greeting cards that are in existence to retail outlets is publication. 2) The offering by a film exchange to distribute prints of an existing motion picture for perfor mance in theatres is publication. 3) Offering a work, such as a cartoon or column, to a number of syndicators for purposes of further distribution would normally constitute publica tion. [1984]
900-5 906 906.01 906.02 906.03 Offering to distribute as publication. (cont'd) No existing copies or phonorecords. The offering to distribute copies or phonorecords before any are available in a form ready for distribution does not constitute publication. Examples: 1) The offering to distribute a motion picture that is still in production does not constitute publication. 2) The offering to distribute a sound recording which has not been fixed in its final form is not publication. To a group of persons. The offering to dis tribute copies or phonorecords must be to a group of persons. Example: The offering to distribute musical scores to a group of band directors for purposes of public performance is publication. For purposes of further distribution, public per formance, or public display. The purpose of the offering must be further distribution, public performance, or public display. Hence an offering to distribute to a group of persons for their pri vate use, private performance, or private display is not a publication. Example: The offering to distribute classical phono records to various radio stations for broad cast constitutes publication. Alternative forms of publication. Since the statutory definition of publication is in two parts, one relating to direct distribution to the public and the other relating to the offering to a group for certain purposes, pUblication occurs if the facts fit either alternative. [1984J 907
907 900-6 Alternative forms of pUblication. (cont'd) Examples: The actual distribution of 350 copies of a print to the public is publication, regardless of whether or not the prints were distributed for purposes of private or public display. 2) The offering to distribute fine art prints to a group of persons for public display constitutes pUblication, whereas the offering to distribute such material for private display is not a publi cation. 908 Public performance or display not a publication. A public performance or public display of a work does not of itself constitute publication. See 17 U.S.C. 101. Therefore, pUblication will be questioned where words such as "performed," "televised," "broadcast," "posted," "exhibited," etc., have been added to the publication space of the application. 908.01 To perform. To "perform" a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible. 17 U.S.C. 101. 908.02 To display. To "display" a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. 17 U.S.C. 101. 908.03 Public or private. Since the copyright law provides that the "public" performance or dis play of a work is not publication, it seems clear that performances and displays which are not public do not constitute pUblication. Thus, in effect, no private performance or display can amount to publication. Examples: 1) Where a pictorial, graphic, or sculptural work was created in 1978 and placed on public dis play without any restrictions against copying, it is considered unpublished under the current Act. [1984]
910 900-7 908 908.03 ~9 910.01 Public lerformance or display not a publication. (cont'd Public or private. (cont'd) Examples: (cont'd) 2) A jazz band performing an original song as part of its act on a network television show is not publication. 3) It is not publication for a composer his work in his home or in public. to perform Publication of recorded material first distrib uted before January 1, 1978. Where a musical, dra matic, or literary work was distributed only in the form of phonorecords before January 1, 1978, such musical, dramatic, or literary work was not registerable as a published work under the Act of 1909, as amended. Under the present law, the public distribution of phonorecords on or after January 1, 1978, publishes the musical, dramatic, or literary works recorded thereon. Therefore, if publication of a pre-1978 phonorecord continued on January 1, 1978, that date is considered to be the date of first pub lication of the underlying work for purposes of copyright registration. Date and nation of first publication. A statement of the date of first publication is required on appli cations for registration of claims to copyright in published works. The nation of first publication should also be given. General policy concerning date and nation of first pUblication. The Copyright Office will generally accept w1thout question the date of first publica tion given by the applicant. Although the Office may offer general guidelines concerning the selec tion of a date, the final choice is ordinarily left to the applicant. The Office will generally decline to accept the date given only if a state ment made by the applicant clearly shows that first publication did not occur on that date. The Office will correspond with the applicant if it has information inconsistent with the statement used by the applicant as the basis for the date given. [1984]
900-8 910 910.01 910.02 910.03 Date and nation of first pUblication. (cont'd) and nation of Similarly, the copyright Office will generally accept the statement of the applicant on nation of first publication, unless it appears to be clearly inconsistent with the facts stated by the applicant or the information which the Office has with respect to the place of first publication. Choice of a date of first publication. When the applicant is uncertain as to the date to be given in the application, the Copyright Office may out line the following factors to be considered: 1) Where the applicant is uncertain as to which of several possible dates to choose, it is generally advisable to choose the earliest date, to avoid implication of an attempt to lengthen the copyright term, or any other period prescribed by the statute. 2) When the exact date is not known, the best .~ approximate date may be chosen. In such cases, qualifying language such as "approximately," "on or about," "circa," "no later than," and "no earlier than," will generally not be ques tioned. NOTE: The date given on the application as the date of first publication is important. It may determine the three-month grace period of 17 U.S.C. 412(2) and the five-year period provided in 17 U.S.C. 405(a)(2) for works published without a notice of copyright. It may also determine the copyright term for works made for hire and for anonymous and pseudonymous works. Release date. If copies or phonorecords are put into the "stream of commerce" on one date, for release by distribution "over the counter" to the public on a later date, the Copyright Office will accept either date as first publication. [1984]
900-9 910 Date and nation of first publication. (cont'd) 910.04 Embodiment of previously unpublished material in another work. The inclusion of an unpublished work in another work that is later published results in the pUblication of the first work to the extent that it is disclosed in the published work. Examples: 1) Where a preexisting unpublished screenplay is embodied in a motion picture, those elements of the screenplay disclosed in the motion picture are considered to be published at the same time the motion picture is published. 2) The publication of copies of a lithograph that reproduce a previously unpublished original oil painting, publishes the oil painting to the extent that it is disclosed in the lithograph. 3) Where an unpublished sculptural work is embodied in a published motion picture, an application for registration of the sculpture may assert that the work is unpublished: in such a case, space 6 on the application form need not be completed. NOTE: It is the view of the Copy right Office that ordinarily the publication of a motion picture would not result in sufficient disclosure of a sculptural work embodied in the motion picture to effect a publication of such work in the copyright sense. 910.05 Publication of part of a work. Publication of a portion of a work does not necessarily mean that the work as a whole has been published. Examples: 1) Publication of a detailed plot summary of a play does not constitute publication of the playas a whole. 2) Publication of a movie version of an unpub lished story publishes only those elements of the story embodied in the motion picture. [1984J
910 900-10 Date and nation of first publication. (cont'd) 910.06 publication in serial form. Where a work first appears in serial form and later comes out as a book, its appearance in serial form is considered first pUblication. Registration of a claim to copyright in the book would depend upon the existence of new copyrightable material appearing for the first time in the book. 910.07 publication of separate parts or installments. Where various parts or installments of a work are first published separately, each part or install ment is regarded as a separate work, and if regis tered, must be registered separately. However, where a work is first pUblished as a unit, the fact that parts of the work are also distributed separately will not preclude a single registration for the work. 910.08 Previous registration and new versions. Where the work in question is the first published edition of a work previously registered in unpublished form, the application should give the date of first publication. This is true even if the published edition contains no new matter and the copyright term is not computed from the date of publication. If the work is a new version of a previously published work, the application should give the date of publication of the new version, rather than that of the previously pUblished edition. 910.09 Works first published outside the united states. An application covering a work first published outside the United States should state the date of first publication there, and should be accompanied by a copy or phonorecord of the foreign edition as first published. As a rule, registration for a later published u.s. edition of such work depends upon whether or not new copyrightable material has been added. [1984]
900-11 911 911. 01 911.02 911.03 911. 04 Problems relating to date of pUblication. The following are problems relating to the date of publication. No date of publication. An application in which no date of publication is given will ordinarily not be questioned, even though the copies appear to be in published form. In such cases, registration may be made without correspondence unless it seems clear that the applicant fails to understand the registration requirements and actually wishes registration of the work as published. Incomplete date. An application lacking one or more of the three necessary elements of the date of publication (month, day, and year) will not be accepted. Where the element is missing from the appropriate space on the application, the Copy right Office may either request the information and add it to the application, or request a new application. Similarly, an application containing a date extending over a period of time will not be accepted. Examples of unacceptable statements: 1 ) "January, 1981." 2) "July 20-26, 1981." 3) "Last week of December, 1980." Impossible or improbable date. A date of publi cation that is impossible, such as "February 30, 1981," is not acceptable. If a date is given on the application which, if correct, would signify that the work is in the public domain in the United States, as for example, "March 3, 1867," such application will be questioned. other calendrical systems. When a date of publi cation is given which appears to be in terms of a calendrical system other than the current Gregorian calendar, the Copyright Office will ask that the date be stated by the applicant in accordance with the current Gregorian calendar. [1984] L
900-12 911 Problems relating to date of publication. (cont'd) 911.05 Separate parts or installments. An application giving more than one date of pUblication for the same work is not acceptable. See section 910.07 above. 911.06 Previous edition or version. An application giving only the date of pUblication of a previous edition or version is not acceptable. See section 910.08 above. 912 Indicia of publication. In general, the presence of a date of publication in the application will be accepted as indicating that publication has taken place, unless information furnished by the applicant, other information known to the Copyright Office, or the deposited material raises questions as to whether publication actually has taken place. In such cases, the Office will communicate with the applicant. 912.01 Appearance of deposited material. Material sub mitted as published will not generally be ques tioned on the single ground that such material is handm~de or,in preliminarY,form, ~'S., photocop1es, m1meographed cop1es, etc., if publication in that form appears normal in the light of the nature of the work. However, such material may be questioned when the copies con tain deletions or insertions, or when the copies appear to be incomplete. Examples: 1) Artist's handmade drawing of a commercial label will be questioned. 2) Mimeographed copies of a play would normally not be questioned. [END OF CHAPTER 900] [1984]
Chapter 1000 NOTICE OF COPYRIGHT Outline of Topics 1001 1002 1003 1003.01 1003.02 1003.03 1004 1004.01 1004.02 1004.03 1004.04 1004.05 1005 1005.01 1005.02 1006 1006.01 1006.02 1006.03 1006.04 1006.05 1006.06 1007 1007.01 1007.02 1007.03 1007.04 1007.05 Applicability of this chapter. Unpublished works. Published works. Visually perceptible copies. Phonorecords. Contributions to collective works. Form of the copyright notice. Visually perceptible copies. Phonorecords of sound recordings. Special provision concerning U.S. Government works. Limitations in juxtaposition to the copyright notice. Restricted notice. Variants of word, symbol, or abbreviation. Visually perceptible copies. Phonorecords of sound recordings. Year date in the copyright notice. Form of year date. Omitted where required. Earlier than year of pUblication (antedated). Later than year of publication (postdated). Dispersed notice: year date. More than one year in notice. Name in copyright notice. Name as claimant on application. Sound recordings: presumption as to producer's name in notice. Abbreviation or alternative designation. Unacceptable variants of name, abbreviation, or alternative designation. Pseudonym in notice. - 1 [1984]
Chapter 1000 NOTICE OF COPYRIGHT outline of Topics - 2 1007 1007.06 1007.07 1007.08 1007.09 1008 1008.01 1009 1010 1010.01 1010.02 1011 1011.01 1011.02 1011.03 1012 1013 1013.01 1013.02 1013.03 1013.04 1013.05 1013.06 1013.07 1013.08 1013.09 1013.10 1013.11 1013.12 1013.13 1013.14 1013.15 Name in copyright notice. (cont'd) Deceased person named in notice at time of pUblication. Identity by reference. Additional names in notice. separated name. Omission of copyright notice. Registration. Error in name. Error in date. Earlier date. Later date. Omission of name or date. Separated name. Separated date. Identity by reference. Publication incorporating United States Government works. Affixation and position of the copyright notice. Copies. Phonorecords. Notice not properly affixed. Works published in book form. Periodicals or other serials. Musical works. Single-leaf works. Contributions to collective works. Works reproduced in machine-readable copies. Motion pictures and other audiovisual works. pictorial, graphic, and sculptural works. Separable parts published in permanent con tainer. Dust jackets on books. Sound recordings. Multi-part works. [1984]
Chapter 1000 NOTICE OF COPYRIGHT Outline of Topics - 3 1014 1015 1016 1017 1017.01 1018 1019 1020 [1984] Handwritten, typewritten, or rubber-stamped copy right notice on published copies or phonorecords. Legibility of copyright notice. Microscopic copyright notice. Concealed copyright notice. Notice visible upon ordinary use. Copyright notice: reverses. Notice of renewal copyright. Notices extraneous to the claim being registered.
Chapter 1000 NOTICE OF COPYRIGHT 1001 1002 1003 1003.01 Applicability of this chapter. The provisions of this chapter are applicable only to works first published on or after January 1, 1978. The Copy right Office practices concerning the copyright notice as it relates to works first published before that date are found in Compendium I, which is still in effect for such works. Unpublished works. No notice of copyright is re quired on unpublished works. An unpublished work which does not bear a notice of copyright will be accepted for registration. Registration will be made without correspondence by the Copyright Office for an unpublished work which bears a notice of copyright, even though the notice may be defective if used on the work when published. Published works. As a general rule whenever works protected under the copyright law are published in the United States or elsewhere by authority of the copyright owner, the notice of copyright prescribed by the law should appear on all publicly distributed copies from which the work can be visually perceived and on all pUblicly distributed phonorecords of sound recordings. See 17 U.S.C. 40l(a) and 402(a). If a work is published without notice or with a fatally deficient notice by authority of the copyright owner, and if more than five years have elapsed since such publication, registration is not possible. See section 1008.01 below. Visually perceptible copies. A visually per ceptible copy is one in which a work is fixed and from which such work can be visually per ceived, either directly or with the aid of a machine or device. Examples of visually perceptible copies include books, sheet music, and photographs. Examples of works not embodied in visually perceptible form include literary, dramatic, or musical matter fixed in the re corded sounds accompanying a motion picture or other audiovisual work or in phonorecords. When such works are published in phonorecords, no copyright notice is required for the literary, dramatic, or musical material embodied in the phonorecords. 1000-1 [1984]
1000-2 1003 1003.02 1003.03 1004 1004.01 Published works. (cont'd) Phonorecords. A phonorecord is a material object in which sounds, other than those accompanying a motion picture or other audio visual work, are fixed and from which the sounds can be perceived, reproduced, or other wise communicated, either directly or with the aid of a machine or device. Examples include disks, open reels, cassettes, and cartridges. If the sound recording is protected by copy right, the appropriate notice for a sound recording should be used. See 17 U.S.C. 101, for the definition of sound recordings: see also section 1004.02 of this chapter. Contributions to collective works. A separate contribution to a collective work may bear its own notice of copyright, or a single notice applicable to the collective work as a whole may be sufficient for the separate contribu tions it contains but not including advertise ments inserted on behalf of persons other than the owner of copyright in the collective work. See 17 U.S.C. 404(a). A collective work is one in which a number of separate and independent works are assembled into a collective whole, such as a periodical issue, anthology, or encyclopedia. Form of the copyright notice. The form of the notice is prescribed by the copyright law. Visually perceptible copies. For visually perceptible copies the notice of copyright shall consist of: 1) the symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr.," 2) the year of first publication of the work, and 3) the name of the owner of copyright in the work, or an abbrevia tion by which the name can be recognized, or a generally known alternative designation of the owner. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying text matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful articles. See 17 U.S.C. 401(b). [1984]
1000-3 1004 1004.02 1004.03 1004.04 Form of the copyright notice. Phonorecords of sound recordings. For phono records of sound recordings the notice shall consist of: 1) the symbol ® (the letter P in a circle), 2) the year date of first publication of the sound recording, and 3) the name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner: if the producer of the sound recording is named on the phono record labels or containers, and if no other name appears in conjunction with the notice, the producer's name shall be considered a part of the notice. See 17 U.S.C. 402(b). Special provision concerning U. S. Govern ment works. In the case of a work published in copies or phonorecords and consisting pre ponderently of one or more works of the United States Government, the notice of copyright shall also include a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under title 17. 17 U.S.C. 403. If such a limitation is not reflected on the application for registration, the Copyright Office may request the applicant to amend the application. The absence of the statement on the copies or phonorecords, when required, will be considered an omission of notice. See section 1008 of this chapter: see also the definition of a "wo rk of the United States Government II in 17 U.S.C. 101. Limitations in juxtaposition to the copyright notice. Even though a claim to copyright, as shown in the application, is limited to a portion of the work (such as new matter), the notice need not specify such a limitation. Where the copyright claim covers less than the entire work, a general notice, e.~., "© 1981 John Doe, II is sufficient. Where a statement in juxtaposition to the notice limits the claim to portions or features of the work that are copyrightable, the notice [1984] L
1005 1000-4 1004 1004.04 1004.05 Form of the copyright notice. (cont'd) osition to the co ht is sufficient, !:..5l., "Introduction and Illustrations Copyright 1981 by popular Publishing Co.," or "Arrangement Copyright 1981 by Newstyle Music Co.". If such limita tions are not reflected on the application for registration, the Copyright Office will corres pond to establish the extent of the claim and to have the application amended, if necessary. If the limitation is incorrect, the Copyright Office will annotate the application as follows: "On copyright deposit: [quote statement on deposit]. Application correct: see corres pondence file." Restricted notice. Even though a statement in juxtaposition to the notice refers only to noncopyrightable matter, the claim will be registered if the application clearly shows that the claim is based on copyrightable subject matter. The same is true where the position of the copyright notice itself indi cates restriction of the claim to a noncopy rightable element. In such cases the Copyright Office will send a cautionary letter. If the application does not clearly refer to copy rightable subject matter, the Copyright Office may either refuse registration or, in appro priate cases, correspond to determine the basis of the claim. For works published before January 1, 1978, however, see topic 4.4.4.II.b of Compendium I. Variants of word, symbol, or abbreviation. Unacceptable variants of the symbol © or the word "Copyright," or of the abbreviation "Copr.," will be treated as an omission of notice. See section 1008 of this chapter. An acceptable variant will be treated as if the correct symbol, word, or abbreviation appeared as a part of the notice. NOTE: In the case of an acceptable variant of the symbols © or ®, where registration is sought more than five years after first publication, the claim will be registered under the rule of doubt. [1984]
1000-5 1005 1005.01 1005.01(a) 1005.01(b) 1005.01(c) variants of word, symbol, or abbreviation. (cont'd) Visually perceptible copies. The notice on visually perceptible copies should include the symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr." 17 U.S.C. 40l(b)(1). A misspelled or variant form of "Copyright" or "Copr." may be accepted if it is clear that copyright is meant. Examples of variants which are acceptable: 1) Copyrighted 2) Copywrite 3) Copywritten 4) Copyright pending 5) Copyright Applied For 6) Copyright and Registered 7) Registered U. s. Copyright Office 8) Copy. 9) Copyr. The term "All Rights Reserved," or the like, is not acceptable as an element of the copyright notice prescribed by u. S. law. The same is true for such statements in other languages, e.~., the Spanish "Todos los Derechos Reservados." However, the use of such terms in juxtaposition to an acceptable copyright notice will not invalidate the notice. A variant of the symbol © is accepted only where it resembles the © closely enough to indicate clearly that the copyright symbol is meant. Acceptable variants include: 1 ) 'c3" 2 ) -a 3) (c 4) c) 5) @ 6) (c) [1984]
1000-6 1005 1005.01 1005.01(c} 1005.02 variants of word, symbol, or abbreviation. (cont'd) Visually perceptible copies. (cont'd) (cont'd) Unacceptable variants include: l} CO 2} C 3} C/O 4} ® 5} CO 6} m7} [c] Phonorecords of sound recordings. The notice on phonorecords of sound recordings should include the symbol ® (the letter P in a circle). A variant of the symbol ® is acceptable only where it resembles the ® closely enough to indicate clearly that the sound recording copyright symbol is meant. Acceptable variants include: l} 'P' 2} ~ 3) (p 4) p) 5} ~ 6) (p) Unacceptable variants include: l} P 2) CE 3} [p] 4} ©, or any variant form of the standard copyright symbol 5} "Copyright," "Copr.," or any variant thereof 6} Audible notices Year date in the copyright notice. As a general rule the copyright notice both for copies (17 U.S.C. 401(b)(2}} and for phonorecords of sound recordings (17 U.S.C. 402(b)(2}} must include the year of first publication of the work. The notice on copies of a compilation or derivative work incorporating [1984] 1006
1000-7 1006 1006.01 1006.02 1006.03 Year date in the copyright notice. (cont'd) previously published material requires only the year date of first publication of the compilation or derivative work. 17 U.S.C. 401(b)(2). The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying text, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful articles. 17 U.S.C. 101 and 401(b)(2). NOTE: A label is not considered a useful article, from which the year date may be omitted. Those textiles and fabrics which are useful articles do not require a year date; however, where a copyright notice applicable to a textile or a fabric which is a useful article is contained on a label affixed to the textile or fabric, and the year date is omitted from the notice, such notice shall be acceptable insofar as it applies to the textile or fabric. See section 1013.1l(4)(iii) below. Form of year date. A year date is acceptable in any of the following forms: 1) Arabic numerals, e.g., 1981; 2) abbreviations of Arabic numerals, e.~., '81; 3) Roman numerals ~.~., MCMLXXXI; 4T spelled out in words instead of numerals, ~.~., Nineteen Hundred Eighty-one. Omitted where required. Where copies or phono records publicly distributed by authority of the copyright owner contain no date that could reasonably be regarded as a part of the notice, the work is considered to have been published without any notice. 17 U.S.C. 405; see also section 1008 of this chapter. Earlier than year of publication (antedated). Where the year date in the notice on copies or phonorecords is earlier than the year in which publication first occurred (see section 1010 of this chapter), it is considered to be an error in date governed by 17 U.S.C. 406(b). The application will be annotated to indicate the date in the notice. A warning letter may be sent to the applicant pointing out the error in date and the consequences it may ~ [1984]
1006 1000-8 Year date in the copyright notice. (cont'd) 1006.03 1006.04 1006.05 Earlier than year of publication (antedated. (cont'd) have. These rules apply equally to those works which do not require a year date in the notice but which contain a year date earlier than the year in which first publi cation occurred. Later than year of publication (postdated). Where the year date in the notice on copies or phonorecords is no more than one year later that the year in which publication first occurred, the claim will be registered without annotation or correspondence. Where the year is more than one year later than the year in which publication first occurred, the work is considered to have been published without any notice under 17 U.S.C. 406(c) and is governed by 17 U.S.C. 405. See section 1008 of this chapter. Thus, if the application is submitted within five years of first publication, the claim will be registered without annotation: however, a warning letter will be sent. If registration is requested after five years measured from the date of first publication, registration will be refused. These rules apply equally to those works which do not require a year date in the notice, but which contain a year date which is later than the year in which first publication occurred. 17 U.S.C. 40l(b)(2): see also section 1010 of this chapter. Dispersed notice: year date. The elements of notice, including the year date when required, should preferably appear together as a single continuous statement, ~.~., © 1981 ABC Corporation. However, a year date that is present but separated from the rest of the notice is acceptable if it is an appropriate date and is reasonably identi fiable as part of the notice. Such a year date is clearly acceptable if it is the [1984J
1007 1006 1006.05 1006.06 1000-9 Year date in the copyright notice. (cont'd) Dispersed notice: year date. (cont'd) only one appearing on the same page as the other elements. Also, an appropriate year date prominently displayed elsewhere than on the same page as the other elements is acceptable, if it can reasonably be con sidered part of the notice. Examples of acceptable year dates include the year date in the Library of Congress Catalog Card Number and the year in the issue date on a periodical. The presence of intervening matter need not necessarily preclude con sidering a year date a part of the notice. In those cases where a year date is required and no year date can be reasonably identi fied as part of the notice, the work will be considered to have been published without notice and will be governed by 17 U.S.C. 405. See section 1008 of this chapter~ see also section 1011.01 concerning separated names. More than one year date in notice. A notice may sometimes contain, in addition to the year date of first publication of the version being registered, earlier year dates indicating an earlier unpublished registration, or the presence of previously published matter in the work~ or they might signify nothing. Where there is more than one year date in the notice and none of them is the year date of first publication, the Copyright Office will dis regard, for purposes of determining the adequacy of the notice, all but the most recent date. Name in copyright notice. As a general rule the copyright notice for both copies and phonorecords of sound recordings must include the name of the owner of copyright in the work, or an abbrevia tion by which the name can be recognized, or a generally known alternative designation of the owner. 17 U.S.C. 401(b}(3} and 402(b}(3}. Ordi narily, the Copyright Office will not question a name appearing as part of the notice, if it appears sufficient to identify the owner of copyright. [1984]
1007 1000-10 Name in copyright notice. (cont'd) 1007.01 1007.02 Name as claimant on application. The copyright "claimant ii for registration purposes is the author of the work for which registration is sought, or a person or organization that has obtained ownership of all rights under the copyright initially belonging to the author. See 37 C.F.R. 202.3(a)(3). The names given in the notice as owner of copyright and in the application as claimant may be completely different and yet both may be correct. The Copyright Office will ordinarily not question an application unless information from the copies or phonorecords, from the application, or from other sources indicates that the name given as claimant on the application may not be the owner of copyright or the author. Sound recordings: presumption as to producer's name in notice. If the producer of a sound recording is named on the phonorecord labels or containers, and if no other name appears in conjunction with the notice, the producer's name shall be considered as part of the notice. 17 u.S.C. 402(b)(3). The producer need not be identified as producer on the labels or containers. Example: On left side of the label on a 45 rpm disk: ® 1981 On the right side of the label: Doe Recording Company Produced and arranged by Jay Jones Along the bottom of the label: Mfg. by Doe Recording Co. Application names Doe Recording Co. as author by virtue of being the employer in a work made for hire. [1984]
1000-11 1007 1007.02 1007.03 1007.04 Name in copyright notice. (cont'd) Sound record in s: tion as to roducer's name in notice. Example: (cont'd) There is no name that could reasonably be considered a part of the notice~ therefore, the producer presumption applies. Since Doe Recording Co. is an employer in a work made for hire, it would be considered the producer and its name would be considered as a part of the notice. Abbreviation or alternative designation. The statute permits the use of an abbreviation by which the copyright owner can be recognized or a generally known alternative designation. 17 U.S.C. 40l(b}(3} and 402(b}(3}. In such a case, the application should give the legal name of the claimant, and preferably should specify the relationship between the name and what appears in the notice. A generally known alternative designation may be either part of the full name, ~.~., IIAtlantic ll for Atlantic Recording Corporation, or a completely differ ent name, ~.~., II Melodiumll for Genius Recording co , , or well known initials, ~.!l.' IINBC" for National Broadcasting Company. An abbreviation by which the name of the copyright owner can be recognized should generally include an abbrevi ated part of each significant word in the full name, ~.!J.' II Merc. Rec. II for Mercury Records Corporat~on. If what is in the notice reasonably appears to identify the copyright owner to those likely to come in contact with distributed copies or phonorecords, the notice will be considered acceptable. If this is not the case, the same action is taken as where there is no name in the notice. See section 1011 of this chapter. Unacceptable variants of name, abbreviation, or alternative designation. Where the name, abbreviation of the name, or an alternative designation of the owner in the notice is so [1984] L
1007 1000-12 Name in copyright notice. (cont'd) 1007.04 1007.05 1007.06 1007.07 1007.08 1007.09 Unacce table variants of name, abbreviation, or alternative designatl0n. cont'd vague, truncated, or ambiguous that it could not be considered to identify any person or entity as an owner of the copyright, the same action is taken as when no name appears in the notice. See 17 U.S.C. 406(c): see also section 1011 of this chapter. Pseudonym in notice. A pseudonym is a fictitious or assumed name. Where the name appearing in the copyright notice is known to be a pseudonym, the Copyright Office will inquire as to whether or not the individual is generally known by that name. Where the individual is generally known by the pseudonym appearing in the notice, the copyright notice will be considered accept able. Where, however, the individual is not generally known by the name in the notice, the work will be treated as being published with no name in the notice. See section 1011 below. Deceased person named in notice at time of pUblication. Where the Copyright Office has knowledge that the person named in the notice died before publication of the work, the same action is taken as when there is an error in the name in the notice. 17 U.S.C. 406(a): see section 1009 of this chapter. Identity by reference. See section 1011 of this chapter. Additional names in notice. Ordinarily, where two or more names appear in the notice, but only one is given as claimant in the appli cation, the claim will be accepted for regis tration without correspondence. Separated name. See section 1011 of this chapter. [1984J
1008 1009 1000-13 1008.01 Omission of copyright notice. Where the notice is omitted from more than a relatively small number of copies or phonorecords distributed by authority of the copyright owner, and registration is being made within five years of the date of publication without notice, the Copyright Office may warn that the law requires, in addition to registration, that a reasonable effort must be made to add the notice to all copies or phonorecords that are distributed to the public in the United states after the omission has been discovered. See 17 U.S.C. 405(a}. Registration. Registration is not possible for works published without notice or with a fatally deficient notice by authority of the copyright owner, if more than five years have elapsed since such publication. There are, however two exceptions to this general rule: I} where the notice has been omitted from no more than a relatively small number of copies or phonorecords distributed to the public~ or 2} where the notice has been omitted in vio lation of an express requirement in writing that, as a condition of the copyright owner's authorization of the public distribution of copies or phonorecords, they contain the prescribed copyright notice. In these two instances, there is no need for registration to correct the omission. Registration in these cases may be made at any time during the subsistence of the copyright. See 17 U.S.C. 405(a}. Error in name. Where the person named in the copy right notice on copies or phonorecords publicly distributed by authority of the copyright owner is not the owner of copyright, the validity and ownership of the copyright are not affected. See 17 U.S.C. 406(a}. In such cases, therefore, registration can be made for the work at any time during the subsistence of the copyright, naming as claimant the owner of copyright at the time of registration. See 37 C.F.R. 202.03(a}(ii}, and section 1007.01 of this chapter. [1984J
1010 1000-14 1010.01 1010.02 Error in date. Where the year date is required, the notice of copyright should contain the year of first publication of the work. See 17 U.S.C. 401(b)(2) and 402(b)(2). The notice provisions of these sections apply to all copies or phono records publicly distributed on or after January 1, 1978. See section 108 of the Transitional and Supplementary Provisions of the current Act. For works which were registered as unpublished before January 1, 1978, and first published after that date, the copyright notice should contain the year date in which copyright was secured by registration in unpublished form. See also Chapter 900: PUBLI CATION. Earlier date. Generally, the use in the notice of a year date that is earlier than the year in which publication first occurred does not affect the validity of the copyright. See 17 U.S.C. 406(b). However, the use of an earlier date does affect the duration of copyright for anonymous works, pseudonymous works, and works made for hire, whose copyright term is computed under 17 U.S.C. 302(c). In such cases, the term is computed from the year date appearing in the notice rather than from the actual year of first publication. See section 1006.03 of this chapter for the Copyright Office practice regarding an earlier year date in the notice. Later date. The use in the notice of a year date that is later than the year in which pub lication first occurred does not result in the immediate loss of copyright. See 17 U.S.C. 406(b). However, where the year date is more than one year later than the year in which publication first occurred, the work is con sidered to have been published without any notice. See 17 U.S.C. 405~ see also section 1006.04 of this chapter for the Copyright Office practice regarding a later year date in the notice. [1984]
1011 1000-15 1011.01 1011.02 1011.03 Omission of name or date. When copies or phono records publicly distributed by authority of the copyright owner contain no name or no date (when required) that could reasonably be considered a part of the notice, the work is considered to have been published without any notice of copyright and is governed by 17 U.S.C. 405. See sections 1004.01 and 1008 of this chapter. Separated name. When copies or phonorecords contain a name, abbreviation by which the name can be recognized, or a generally known alterna tive designation of the copyright owner, that is separated from the other elements of the notice, but that could reasonably be considered part of the notice, the notice is acceptable. Where the copies or phonorecords contain two or more names abbreviations, or alternative designa tions that are equally identifiable with the rest of the notice, the notice is sufficient if any of the names, abbreviations, or alter native designations is capable of identifying any person or entity as an owner of copyright. If none of the names, abbreviations, or alter native designations is identifiable with the rest of the notice, the same action is taken as where there is an omission of the copyright notice. 17 U.S.C. 406(c). See section 1008 of this chapter. Separated date. See section 1006.05 of this chapter. Identity by reference. A notice that identi fies the copyright owner by reference, such as, for example, "Copyright by author," or "Copy right by the publisher," is considered accept able by the Copyright Office, if the copies or phonorecords contain a name, abbreviation, or a generally known designation which is identified by the reference as the author, publisher, or other referenced person or legal entity. If no such name, abbreviation, or generally known designation can be identified on the copies or phonorecords, the same action is taken as where there is an omission of the copyright notice. 17 U.S.C. 406(c) and 405. See section 1008 of this chapter. [1984]
1012 1013 1000-16 1013.01 1013.02 publication incorporating united states Government works. Whenever a work is published in copies or phonorecords consisting preponderantly of one or more works of the united states Government, the notice of copyright shall also include a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under title 17, united States Code. See 17 U.S.C. 403. The absence of the required statement is treated as an omission of notice. See 17 U.S.C. 405 and section 1008 of this chapter. Affixation and position of the copyright notice. The law states that the notice shall be affixed on pUblicly distributed copies and phonorecords in such manner and location as to give reasonable notice of the claim to copyright. 17 U.S.C. 40l(c) and 402(c). The law directs the Register of Copy rights to prescribe by regulation, as examples, specific methods of affixation and positions of the notice on various types of works that will satisfy this requirement as to copies. These specifications are not to be considered exhaustive. In all cases, the acceptability of a notice depends upon its being permanently legible to an ordinary user of the work, and affixed to the copies in such manner and position that it is not concealed from view upon reasonable examination. Copies. Where, in a particular case, a notice appears in a place on the work other than one of the precise locations prescribed by regula tion for copies, but the Copyright Office con siders that a person looking in one of those precise locations would be reasonably certain to find the notice, that notice will be acceptable. Phonorecords. For phonorecords of sound recordings, the law states that the notice must be placed on the surface of the phono record, or on the phonorecord label or con tainer, in such manner and location as to give reasonable notice of the claim to copyright. See 17 U.S.C. 402(c). [1984]
1000-17 1013 1013.03 1013.04 Affixation and position of the copyright notice. (cont'd) Notice not properly affixed. A notice not affixed to copies or phonorecords in such manner and location as to give reasonable notice of the claim to copyright is treated as an omission of notice. 17 U.S.C. 405. See section 1008 of this chapter. Works published in book form. In the case of works published in book form, a notice repro duced on the copies in any of the following positions is acceptable. 1) The title page, if any; 2) The page immediately following the title page, if any; 3) Either side of the front cover, if any; or, if there is no front cover, either side of the front leaf of the copies; 4) Either side of the back cover, if any; or, if there is no back cover, either side of the back leaf of the copies; 5) The first page of the main body of the work; 6) The last page of the main body of the work; 7) Any page between the front page and the first page of the main body of the work, if: (i) there are no more than ten pages between the front page and the first page of the main body of the work; and (ii) the notice is reproduced prominently and is set apart from the other matter on the page where it appears; 8) Any page between the last page of the main body of the work and back page, if: (i) there are no more than ten pages between the last page of the main body of the work [1984]
1000-18 1013 1013.04 1013.05 1013.06 1013.07 Affixation and position of the copyright notice (cont'd) Works published in book form. (cont'd) 8) (cont I d) and the back page: and (ii) the notice is reproduced prominently and is set apart from the other matter on the page where it appears. As used in connection with the position of the notice, the term "leaf" means a sheet of paper or the like, which may exist as a separate item or as a part of a book or similar publication. A "page" is a single side of a leaf. Periodicals or other serials. In the case of a work published as an issue of a periodical or other serial, in addition to any of the loca tions acceptable for works published in book form (see section 1013.04 of this chapter), a notice is acceptable if it is located 1) as part of, or adjacent to, the masthead, or on the page containing the masthead: or 2) adjacent to a prominent heading, appearing at or near the front of the issue, containing the title of the periodical or other serial and any combination of the volume and issue number and date of the issue. Musical works. In the case of a musical work published in visually perceptible copies, in addition to any of the locations acceptable for works published in book form or as a periodical or other serial (see sections 1013.04 and 1013.05 of this chapter), a notice is accept able if it is located on the first page of music. Single-leaf works. In the case of single-leaf works, a notice reproduced on the copies any where on the front or back of the leaf is acceptable. [1984J
1000-19 1013 Affixation and position of the copyright notice. (cont'd) 1013.08 Contributions to collective works. For a separate contribution to a collective work to be considered to "bear its own notice of copyright," as provided by 17 U.S.C. 404, a notice reproduced on the copies in any of the following positions is acceptable: 1) Where the separate contribution is repro duced on a single page, a notice is accept able if it appears: i) under the title of the contribution on that page: ii) adjacent to the contribution: or iii) on the same page, if through format, wording, or both, the application of the notice to the par ticular contribution is made clear: 2) Where the separate contribution is repro duced on more than one page of the collec tive work, a notice is acceptable if it appears: i) under a title appearing at or near the beginning of the contribution: ii) on the first page of the main body of the contribution: iii) immediately following the end of the contribution: or iv) on any of the pages where the contribution appears, if: i) the contribution is reproduced on no more than 20 pages of the collective work: ii) the notice is reproduced prominently and is set apart from other matter on the page where it appears: and iii) through format, wording, or both, the application of the notice to the particular contribu tion is made clear. 1013.08(a) Musical work. Where the separate contri bution is a musical work, in addition to any of the locations listed above in para graphs 1 and 2, a notice is acceptable if it is located on the first page of music of the contribution. [1984]
1000-20 1013 1013.08 1013.08(b) 1013.09 Affixation and position of the copyright notice. (cont'd) contributions to collective works. (cont'd) Alternative position. As an alternative to placing the notice on one of the pages where a separate contribution itself appears, the contribution is considered to "bear its own notice" if the notice appears clearly in juxtaposition with a separate listing of the contribution by full title and author, and is located either: i) on the page bearing the copyright notice for the col lective work as a whole, if any; or ii) in a clearly identified and readily accessible table of contents or listing of acknowl edgments appearing near the front or back of the collective work as a whole. Works reproduced in machine-readable copies. For works reproduced in machine-readable copies, such as magnetic tapes or disks, punched cards, or the like, from which the work cannot ordi narily be visually perceived except with the aid of a machine or device, each of the following constitute examples of acceptable methods of affixation and position of the notice: 1 ) A notice embodied in the copies in machine-readable form in such manner that on visually perceptible printouts it appears either with or near the title, or at the end of the work; 2 ) A notice terminal that is displayed at sign-on; at the user's 3 ) A notice that is continuously display; or on terminal 4) A legible notice reproduced durably, so as to withstand normal use, on a gummed or other label securely affixed to the copies or to a box, reel, cartridge, cassette, or other container used as a permanent recep tacle for the copies. [1984]
1000-21 1013 1013.09 1013.10 Affixation and position of the copyright notice. (cont'd) Works reproduced in machine-readable copies. (cont'd) Works published in a form requiring the use of a machine or device for purposes of optical enlargement, such as film, filmstrips, slide films, and works published in any variety of microform, and works published in any visually perceptible form but used in connection with optical scanning devices, are not within this category. See also section 1017 below. Motion pictures and other audiovisual works. The following constitute examples of acceptable methods of affixation and positions of the copyright notice on motion pictures and other audiovisual works: 1) A notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordinarily would appear whenever the work is performed in its entirety, and that is located: (i) with or near the title~ (ii) with the cast, credits, and similar information~ (iii) at or immediately following the beginning of the work; or (iv) at or immediately pre ceding the end of the work. 2} In the case of an untitled motion picture or other audiovisual work whose duration is sixty seconds or less, in addition to any of the locations listed in paragraph (I) above, a notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordi narily would appear to the projectionist or broadcaster when preparing the work for performance is acceptable if it is located on the leader of the film or tape immedia tely preceding the beginning of the work. [1984J
1000-22
1013 Affixation and
(cont'd)
position of the copyright notice.
1013.10 Motion pictures and other audiovisual works.
(cont'd)
3) In the case of a
audiovisual work
motion picture or other
that is distributed to the
pUblic for private use, the notice may be
affixed, in addition to the locations
specified in paragraph (l) above, on the
housing or container, if it is a permanent
receptacle for the work.
See 37 C.F.R. 20l.20{h).
1013.11 Pictorial, graphic, and sculptural works. The
following constitute examples of acceptable
methods of affixation and positions of the
copyright notice on various forms of pictorial,
graphic, and sculptural works:
1) Where a work is reproduced in two-dimensional
copies, a notice affixed directly or by means
of a label cemented, sewn, or otherwise
attached durably, so as to withstand normal
use, on the front or back of the copies, or
to any backing, mounting, matting, framing,
or other material to which the copies are
durably attached, so as to withstand normal
use, or in which they are permanently
housed, is acceptable.
... }:
~
2) Where a work is reproduced in three
dimensional copies, a notice affixed
directly or by means of a label cemented,
sewn, or otherwise attached durably, so as
to withstand normal use, to any visible
portion of the work, or to any base,
mounting, framing, or other material on
which the copies are durably attached, so
as to withstand normal use, or in which
they are permanently housed, is accept
able.
[1984J
1000-23
1013 Affixation and position of the copyright notice.
(cont'd)
1013.11 Pictorial, graphic, and sculptural works.
(cont'd)
3) Where, because of the size or physical
characteristics of the material in which
the work is reproduced in copies, it is
impossible or extremely impractical to
affix a notice to the copies directly or
by means of a durable label, a notice is
acceptable if it appears on a tag that is
of durable material, so as to withstand
normal use, and that is attached to the
copy with sufficient durability that it
will remain with the copy while it is
passing through its normal channels of
commerce.
4) Where a work is reproduced in copies con
sisting of sheet-like or strip material
bearing multiple or continuous reproduc
tions of the work, the notice may be
applied: (i) to the reproduction itself:
(ii) to the margin, selvage, or reverse
side of the material at frequent and
regular intervals: or (iii) if the material
contains neither a selvage nor a reverse
side, to tags or labels, attached to the
copies and to any spools, reels, or con
tainers housing them in such a way that a
notice is visible while the copies are
passing through their normal channels of
commerce.
See 37 C.F.R. 201.20(i){1-4).
1013.12 Separable parts published in permanent container.
If the work is permanently housed in a container
such as a game or puzzle box, a notice reproduced
on the permanent container is acceptable.
37 C.F.R. 201.20{i){5).
[1984]
L
1013 1013.13 1013.14 1013.15 1000-24 Affixation and position of the copyright notice. (cont'd) Dust jackets on books. A notice of copyright on the dust jacket of a book is not acceptable as notice for the book, since the dust jacket is not permanently attached to the book. Also, a notice of copyright appearing in a book, even though referring to a dust jacket or material appearing on a dust jacket, is not acceptable as notice for the dust jacket or any material appearing on that dust jacket. These cases will be treated as omissions of notice. See 17 U.S.C. 405, and section 1008 of this chapter. Sound recordings. In general, in the case of sound recordings the notice should be placed on the surface of the phonorecord, or on the phonorecord label or container. 17 U.S.C. 402(c). As a rule, a notice anywhere on the surface of the phonorecord, the label, or a container will be acceptable. A container includes the jacket housing a disk or the box housing a reel-to-reel tape, a cartridge, or a cassette, but does not include an outer mailing or packaging box, envelope, or other wrapper intended for disposal once the phonorecord is put into use. Multi-part works. One notice per unit of pub lication is adequate for both copies or phono records, provided that a proper notice is used and that it is affixed in a manner and location that gives reasonable notice of the claim to copyright in the entire unit of publication. For example: for a phonorecord a notice on the first disk of a l2-disk collection is accept able, but a notice only on the middle disk of a l2-disk collection is not acceptable: for music a notice properly positioned on the score of a unit consisting of a score and parts is accept able for the entire unit, but a notice only on one or more of the parts is not acceptable for the unit: for a multimedia kit, a notice on the permanent container or box in which it is housed is acceptable. [1984J
1014 1000-25 1015 1016 1017 Handwritten, typewritten, or rubber-stamped copy right notice on published copies or phonorecords. Where such notice appears on deposited copies or phonorecords, the Copyright Office will not ques tion the notice, if registration is sought within five years of first publication. However, where registration of a claim to copyright is sought more than five years after the date of first publica tion, the Copyright Office will correspond to determine whether such notice appeared on the copies or phonorecords as published earlier. Legibility of copyright notice. A blurred notice will be acceptable if it is legible. But a notice so badly blurred as to be illegible will be treated as an omission of notice. See 17 U.S.C. 405 and section 1008 of this chapter. Microscopic copyright notice. In general, a notice so small that it cannot be read without a magnifying glass is considered unacceptable, and the claim will be treated as if publication of the work had occurred without notice. See 17 U.S.C. 405 and section 1008 of this chapter. Where, however, the work itself requires magnification for its ordinary use, ~'S., a microfilm, microcard, or motion picture film, a notice that is readable when so magnified is acceptable. concealed copyright notice. A notice which is permanently covered up so that it cannot be seen without tearing the work apart is considered unacceptable, and the claim will be treated as if pUblication of the work had occurred without notice. See 17 U.S.C. 405 and section 1008 of this chapter. Examples: 1) A notice which the Copyright Office is told is on the margin or back of a painting but which is concealed under a permanent frame or mat. 2) A notice which the Copyright Office is told is on the bottom of a figurine cemented on a base that conceals the notice. [1984]
1017 1017.01 1018 1019 1000-26 Concealed copyright notice. (cont'd) Examples: (cont'd) 3) A notice on a print used for a calendar, with the calendar pad securely pasted down over the notice. NOTE: The acceptability of a notice depends upon its being permanently legible to an ordinary user of the work under normal conditions of use, and affixed to the copies in such manner and position that, when affixed, it is not concealed from view upon reasonable examination. Notice visible upon ordinary use. A notice which, though not visible on casual inspection of the work, becomes visible upon ordinary use of the work is acceptable. Examples: 1) A revolving set of disks on which the notice (as well as some or all of the copyright matter) is concealed when the disks are in j starting position, but is revealed upon their ~ manipulation as directed. 2) A print used for a calendar, with a calendar pad suspended over the notice which is seen when the pad is lifted. Copyright notice: reverses. Where the deposited work, such as a mold or decal, is the reverse of the product that is intended to result from its use, the notice is acceptable even though printed in reverse. Notice of renewal copyright. The copyright law does not provide for a special or additional copy right notice for published works that are in their renewal term. Thus, the continued use of the original form of notice on the publicly distributed copies of published works in their renewal term is considered sufficient to maintain the validity of [1984]
1000-27 1019 Notice of renewal copyright. (cont'd) the copyright in such works. However, a notice which also refers to the fact of renewal may be used. Such a notice might read as follows: Copyright 1953 by John Doe Copyright renewed by Mrs. Mary Doe 1020 Notices extraneous to the claim being registered. The copyright Office will generally disregard and refrain from commenting upon copyright notices having no relationship to the claim for which registration is being made. [END OF CHAPTER 1000J [1984J
L 1101 1101. 01 1102 1102.01 1102.02 1102.03 1102.04 1102.05 1102.06 1102.07 1102.08 1102.09 1103 1103.01 1103.02 1103.03 1104 1104.01 1104.02 1104.03 1104.04 1105 1105.01 1105.02 1105.03 1106 1107 Chapter 1100 ELIGIBILITY outline of Topics Applicability of this chapter. Sound recordings. Definitions. Author. Domicile. First publication. National. Producer of phonograms. Sovereign authority of a foreign nation. Stateless. United States. Universal Copyright Convention. Statutory provisions. Unpublished works. Published works. Copyright law extended to certain terri tories. Multilateral copyright treaties to which the United States is a party. Mexico City Convention of 1902. Buenos Aires Convention of 1910. Universal Copyright Convention. Phonogram Convention. Presidential proclamations. Proclamations issued under the current Act. Continuance of earlier proclamations. Coverage of earlier proclamations. Existence of copyright relations unclear. Copyright Office policy. - 1 [1984J
Chapter 1100 ELIGIBILITY outline of Topics - 2 1108 Authors: particular situations. 1108.01 1108.02 1108.03 1108.04 1108.05 1108.06 1108.07 1108.08 1108.09 1108.10 More than one author. More than one nationality. Work made for hire. Nationality and domicile of corporations and similar organizations. Compilations and derivative works. Stateless. united States Territorial areas of the united States. Anonymous and pseudonymous works. First pUblication after death of author. 1109 Time when eligibility is determined. 1109.01 1109.02 1109.03 Registered as unpublished: ineligible when published. Change in nationality or domicile after pUbli cation. Works distributed only in the form of phono records before 1978. 1110 Acceptable statements of nationality, and nation of first pUblication. domicile, 1111 Some general examples illustrating basic principles. [1984J
1101 1102 Chapter 1100 ELIGIBILITY 1101.01 1102.01 1102.02 Applicability of this chapter. This chapter concerns the registrability of works under the provisions of the copyright law relating to national origin. This chapter is applicable to unpublished works, whenever created, and to works published on or after January 1, 1978. compendium I should be consulted for an explana tion of practices concerning eligibility for works, other than sound recordings, published before January 1, 1978. Sound recordings. In general, this chapter applies to sound recordings as well as to other works. However, sound recordings whose eligibility for u.s. copyright protection depends solely upon the provisions of the Universal Copyright Convention (UCC) are not registrable. Regarding the DCC, see sections 1102.09 and 1104.03 below. Definitions. The following are definitions of terms used in this chapter. Author. The "author" is the person who prepared the material covered by the copy right claim except that in the case of a work made for hire, the employer or other person for whom the work was prepared, is considered to be the author. Thus, where a work is made for hire, it is the nation ality or domicile of the employer or other person for whom the work was prepared, rather than the nationality or domicile of the employee, which may serve as a basis for determining eligibility for registration. Domicile. "Domicile" is the place where a person has a fixed and permanent residence with an intention to continue that residence for an unlimited time and to which such person, whenever absent, has the intention of returning. Mere residence is not the equivalent of "domicile," and therefore cannot serve as a basis for determining eligibility. 1100-1 [1984J
1100-2 1102 1102.03 1102.04 Definitions. (cont'd) First publication. The date of "first publication h is the earliest date on which, by authority of the copyright owner, (a) copies or phonorecords of a work are dis tributed to the public by sale or other transfer of ownership, or by rental, lease, or lending, or (b) an offer is made to distribute copies or phonorecords to a group of persons for further distribution, public performance, or public display. If a work is first published on the same date in more than one country, ordinarily the application for registration may give the name of any such country as the nation of first publication of the work. However, if one of the countries is the United States, the application should give "United States" as the nation of first publication. The Copyright Office will generally not ques tion a statement in an application giving, as the nation of first publication, a country which is one of those where first publication provides a basis for eligibi lity, even though the Office is informed that the work was also first published on the same date in one or more other coun tries where first publication would not offer a basis for eligibility. National. In general, the term " n ational" means (a) a citizen of a nation, or (b) a person who, although not a citizen, never theless owes permanent allegiance to a nation. Citizens of the United States are those persons who are citizens in accor dance with the U.S. Constitution or Federal statutes, including persons born in Guam, the U.S. Virgin Islands, and Puerto Rico; certain persons are by Federal statute nationals but not citizens of the United States, including persons born in the out lying possessions of the United States; in addition, all U.S. citizens are also nationals of the United States. See 8 U.S.C. 1101. [1984]
1102 1100-3 1102.05" 1102.06 1102.07 1102.08 1102.08(a) Definitions. (cont'd) Producer of phonograms. The "producer of a phonogram" is the person who, or the legal entity which, first fixes the sounds of a performance or other sounds. Article l(b), Convention for the Protection of Producers of Phonograms Against Unauthorized Dupli cation of Their Phonograms, 25 U.S.T. 309, 325, T.I.A.S. No. 7808 (Done at Geneva Oct. 29, 1971: entered into force in the United States Mar. 10, 1974). Sovereign authority of a foreign nation. A "sovereign authority of a foreign nation" is a governmental agency or subdivision of a foreign nation, e.~., a ministry of the government of Norway, or a province of Canada. Stateless. A stateless person is a person who has no nationality, either as the result of never having acquired nationality in any nation, or as the result of having effec tively renounced or having been deprived of his or her former nationality without having, as yet, become a national of any nation. United States. The "united States," when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the juris diction of the United States Government. 17 U.S.C. 101. Organized territories. The "organized territories under the jurisdiction of the United States Government" are those for which the Congress has provided organic acts which serve the same purpose as do the constitutions of the States. The organized territories include Guam and the U.S. Virgin Islands. [1984J
1102
1102.08
1102.08{b)
1102.09
1103
[1984]
1100-4
Definitions. (cont'd)
united states. (cont'd)
Other territorial areas. Other terri
torial areas under the jurisdiction of
the u.s. Government include: (a) the
unorganized territories such as
American Samoa, (b) trust territories
such as the Trust Territory of the
Pacific Islands, and (c) other posses
sions such as numerous small islands.
Since the status of a number of the
territorial areas which at present are
not among the organized territories is
in the process of being changed (such
as the status of the Northern Mariana
Islands), consultation with other u.s.
Government agencies or further study by
the Copyright Office may be necessary
when registration of a work depends
upon the status of such an area.
Universal Co Convention. The Uni
versal Copyright Convention UCC) is a
multilateral treaty on copyright to which
the United States and a considerable number
of other nations have adhered. The origi
nal version of the Convention, done at
Geneva, entered into force September 16,
1955. The revised version, done at Paris,
entered into force July 10, 1974. Since
the United States is a party to both
versions, adherence by a foreign nation
to either version may serve as the basis
of eligibility for protection under the
provisions of the U.S. copyright law
relating to national origin. See also
section 1104.03 below. Concerning sound
recordings, see section 1101.01 above.
Statutory provisions. The following are the
statutory provisions which establish eligibi
lity. If a work is eligible under any of these
provisions, the fact that it fails to meet any
or all of the others will not prevent regis
tration.
1103 1103.01 1103.02 1103.02(a) 1103.02(b) 1103.02(c) 1103.02(d) 1103.02(e) 1100-5 Statutory provisions. (cont'd) Unpublished works. The work of any author, while unpublished, is eligible for regis tration as an unpublished work without regard to such author's nationality or domicile. See 17 U.S.C. 104(a). Published works. The work of any author published on or after January 1, 1978, is eligible for registration as a published work only if it meets at least one of the following conditions. U.S. national or domiciliary. On the date of first publication, one or more of the authors is a national or domici liary of the United States. 17 u.s.c. 104(b)(1). Foreign national or domiciliary. On the date of first publication, one or more authors is a national, domicili ary, or sovereign authority of a foreign nation which is a party to a copyright treaty to which the United States is also a party. 17 U.S.C. 104(b)(1). See section 1104 below. Stateless person. On the date of first publication, one or more of the authors is a stateless person, wherever that person may be domiciled. 17 u.s.c. 104(b) (1). First publication in the United States. The work is first published in the united States. 17 U.S.C. 101 and 104(b) ( 2) • First publication in a UCC country. The work is first published in a foreign nation that, on the date of first pub lication, is a party to either the Geneva or Paris text of the Universal Copyright Convention (UCC). 17 U.S.C. 104(2). See section 1104.03 below. [1984]
1100-6 1103 statutory provisions. (cont'd) 1103.02 Published works. (cont'd) 1103.02(f) united Nations or the Organization of American States. The work is first published by the United Nations or any of its specialized agencies, or by the organization of American States. 17 U.S.C. 104(b)(3). NOTE: There is no requirement, as a basis for eligibi lity, that one of these organizations be the author, copyright claimant, or copyright owner, but only that the work be first published by one such organi zation. 1103.02(g) Presidential proclamation. The work comes within the scope of a Presiden tial proclamation. 17 U.S.C. 104(b) (4). See section 1105 below. 1103.03 Copyright law extended to certain terri tories. The u.s. copyright law has been extended by specific statutory enactments to Guanl, 48 U.S.C. 1421n; the u.s. Virgin Islands, 48 U.S.C. 1405q; and the Northern Mariana Islands, 48 U.S.C. 1681, together with the Act of Mar. 24, 1976, Pub. L. 94-241, 90 Stat. 263, and Presidential Proclamation No. 4534, 42 Fed. Reg. 56593 (1977). 1104 Multilateral copyright treaties to which the United States is a party. The following are multilateral copyright treaties to which the United States is a party. 1104.01 Mexico City Convention of 1902. This treaty was superseded by the Buenos Aires Convention of 1910 with regard to all members except EI Salvador. The copyright law extends eligibility to works by nationals or domiciliaries of EI Salvador through this treaty. NOTE: In addition to being a party to the Mexico City Conven tion, effective June 30, 1908, EI Salvador [1984] ~
L L 1100-7 1104 1104.01 1104.02 1104.03 1104.04 Multilaterial co which the United States is Mexico City Convention of 1902. (cont'd) also became a party to both the Geneva and the Paris texts of the .Universal Copyright Convention, effective March 29, 1979, and to the Phonogram Convention, effective February 9, 1979. See sections 1104.03 and 1104.04 of this chapter. Buenos Aires Convention of 1910. The copy right law extends eligibility to works by nationals or domiciliaries of nations which are parties to this treaty. Such works must satisfy all of the legal and formal requirements of title 17, u.s.c. Universal Copyright Convention. The copy right law extends eligibility to works by nationals or domiciliaries of nations that are parties to this Convention, and to works first published in such nations. Member nations may be parties to the Geneva text only, or to both the Geneva and Paris texts. See section 1102.09 above. Con cerning sound recording, see section 1101. 01 above. Phonogram Convention. The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms provides, in Article 2 thereof, that each "Contracting State shall protect producers of phonograms who are nationals of other Contracting States ••.• " 25 U.S.T. 309, 325~ T.l.A.S. No. 7808. Where the producer who is an author of a sound recording is a national of a nation that is a member of this Convention, the copyright law extends eligibility to that work. See also section 1102.05 above. [1984J L
1100-8 1105 1105.01 1105.02 1105.03 1106 Presidential proclamations. Presidential proclamations are governed by the following provisions: Proclamations issued under the current Act. The president of the united states may by proclamation extend U.S. copyright protec tion to works of which one or more of the authors is, on the date of first publica tion, a national, domiciliary, or sover eign authority of a foreign nation as to which such proclamation has been issued, or to works which were first published in such a nation. See 17 U.S.C. 104(b)(4): see also section 104, Transitional and Supplementary Provisions of the current Act. continuance of earlier proclamations. The current law provides that all proclamations issued by the President under section l(e) or 9(b) of title 17 as it existed on Decem ber 31, 1977, or under previous copyright statutes of the United States, shall con tinue in force until terminated, suspended, or revised by the President. See section 104, Transitional and Supplementary Pro visions of the current Act. Coverage of earlier proclamation. Presidential proclamations issued before January 1, 1978, extend eligibility only to the works of authors who were a "citizen or subject" of a proclaimed nation. Such proclamations confer no eligibility on the basis of domicile or publication in a pro claimed nation. See 17 U.S.C. l(e) and 9(b), as it existed on December 31, 1977: see also section 13 of the Act of March 3, 1891, 26 Stat. 1106. Existence of copyright relations unclear. In some instances the status of copyright rela tions between the United States and a partic ular nation is unclear. Registration will be refused in any case where eligibility depends upon the existence of copyright relations with that nation. See also section 1109 below. [1984]
L 1107 1108 1108.01 1108.02 1108.03 1100-9 Copyright Office policy. In general, the nationality, domicile, or nation of first publication given by the applicant will be accepted at face value unless it is clearly inconsistent with facts stated by the applicant or with information of which the Copyright Office has knowledge. The Copyright Office generally does not attempt to settle questions of nationality or domicile. Examples: 1) An application stating that the author is a u.s. national will be questioned where the accompanying letter indicates that he or she has applied for citizenship, but has not yet been naturalized. 2) An application stating that a currently prominent European statesman is domiciled in the United States will be questioned. Authors: particular situations. For published works, the nationality or domicile of the author may determine eligibility for registration. Special situations include the following: More than one author. The "author" whose nationality or domicile is determinative in a particular case may be the author who prepared only a portion of the material covered by the copyright claim, and this may suffice to extend eligibility to all the material covered by the claim regard less of the nationality or domicile of the other authors. More than one nationality. If the author of the work covered by the copyright claim has more than one nationality and if any such nationality confers eligibility, registration can be made. Work made for hire. In the case of a work made for hire, it is the nationality or domicile of the employer or other person for whom the work was prepared, rather than the nationality or domicile of the employee, which may serve as a basis for determining eligibility for registration. See section 1102.01 above. [1984J L
1100-10 1108 1108.04 ll08.04(a) 1108.04(b) 1108.05 Authors: particular situations. (cont'd) Nationality and domicile of corporations and similar organizations. In the case of a work made for hire, where the employer or other person for whom the work was prepared is not a natural person but is an artifi cial person or legal entity, such as a corporation or similar organization, the nationality and domicile of such an organi zation, for copyright registration purposes, is usually considered to be that of the nation under the laws of which it was created. Thus, the nationality and domicile of a corporation should generally be stated as the United States, if it was incorporated under the law of one of the several States, under Federal law, or under the law of the District of Columbia, the Commonwealth of Puerto Rico, or those organized territories under the jurisdic tion of the United States which have the power to create corporations. Members. A corporation or similar organization is ordinarily considered by law to be separate and distinct from the persons who are its members or shareholders, so that the nationality or domicile of such organization may be different from that of such members or shareholders. Doing business. A corporation may do business in a particular nation without being a national or domiciliary of that nation. Compilations and derivative works. The nationality or domicile of the author of the compilation or derivative work rather than the nationality or domicile of the author(s) of the preexisting material used in the work determines eligibility for registration. [1984]
1100-11 1108 1108.06 1108.07 1108.08 1108.09 Authors: particular situations. (cont'd) Stateless. A work of a stateless author is eligible regardless of the author's former or prospective nationality or domicile, and regardless of the place of first publica tion of the work. See section 1102.07 above. United States. A work of a U.S. national is eligible regardless of his or her domi cile or the place of first publication. Where an author of a work is domiciled in the United States or the work is first published in the United States, it is eligible for registration regardless of the author's nationality. See sections 1102.03, 1102.04, and 1102.08 above. Territorial areas of the United States. Domicile or first publication in any of the territorial areas under the jurisdiction of the U.S. Government, other than the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the orga nized territories, does not confer eligi bility for registration: such areas include the unorganized territories, the trust territories, and other possessions of the United States. See section 1102.08 above. However, works by domiciliaries of, or first published in, these areas may be eligible on the basis of the nationality of the author: and since U.S. nationals include persons born in the outlying possessions of the United States, eligi bility in such cases may be conferred on this basis. See section 1102.04 above. Anonymous and pseudonymous works. Where eligibility depends on the nationality or domicile of the author, that information must still be given on the application for registration even though the work is anonymous or pseudonymous. However, the identity of the author does not have to be stated in such cases. [1984]
1109 1108 1108.10 1109.01 1100-12 Authors: particular situations. (cont'd) First pUblication after death of author. Where a work is first published after the author's death, the Copyright Office will make registration if, at the time of death, the author's nationality or domicile would have conferred eligibility. In no case where a work is first published after the authors death can the nationality or domi cile of the copyright claimant serve as the basis for eligibility. Time when eligibility is determined. Where eligibility must be based on the nationality or domicile of the author, it is the author's nationality or domicile and the status of the author's country on the date of first publica tion that are determinative. See section 1108.08, above, for an exception in the case of works first published after the death of the author. Registered as unpublished: ineligible when published. Even though a work may have been registered as unpublished, it must be eligible at the time of first pUblication to be registrable as a published work. Example: The author is a national and domiciliary of Iraq, a nation with which the United States has no copyright relations. The work is registered in unpublished form. If that work is later published in a non-UCC country, and the author's citi zenship and domicile remain unchanged, registration of the claim in the pub lished version should be refused. Change in nationality or domicile after publication. If a work was eligible for registration at the time of first publica tion on the basis of the author's nation ality or domicile, changes in nationality or domicile occurring after that time are not determinative for this purpose. [1984J 1109.02
1110 1100-13 1109 1109.03 Time when eligibility is determined. (cont'd) Works distributed only in the form of phonorecords before 1978. Where musical, dramatic or literary works were pUblicly distributed before January 1, 1978, only in the form of phonorecords, registration cannot be made for these works as published works. However, if distribution of the phonorecords continued on January 1, 1978, registration for the underlying works can be made under the current law as published works. In such cases the date of first publication is considered to be January 1, 1978, and it is the nationality or domicile of the author on that date which determines eligibility. Eligibility may also be con ferred by the nation of publication on that date. Acceptable statements of nationality, domicile, and nation of first publication. Generally, the application for registration should desig nate the name of the nation of which the author is a national, domiciliary, and in the case of a published work the name of the nation of first publication of the work. An application listing a territory or other political subdivi sion, rather than the name of the nation itself, is generally not acceptable as a basis for determining registrability. However, where it is obvious, from the statement given, what the name of the nation is, the application will be accepted without correspondence. Examples of acceptable statements: England Swiss Great Britain French Wales Examples of unacceptable statements: British Protected Person Commonwealth Citizen [1984]
1111 1100-14 Some general examples illustrating basic prin ciples. The following general examples reflect some of the principles of eligibility. 1) A magazine article by an author who is a national and domiciliary of a nation with which the United States does not have copy right relations either bilaterally or through an international convention, first published in the United States or in a foreign nation which is on that date a party to the Universal Copyright Conven tion, is eligible for registration by virtue of the place of first pUblication. See sections 1102.09, 1103.02(d), and 1109 above. 2) A book by an author who, on the date of first publication, is a national of a nation with which the United States has copyright relations, but is domiciled in a nation that has no copyright relations with the United States is eligible for registra tion by virtue of the author's nationality, even if the book is first pUblished in a nation that does not have copyright rela tions with the United States. See sections 1102.04, 1103.02, and 1104. 3) A musical composition by an author who is a national of a nation with which the United States has no copyright relations, but is domiciled in a foreign nation which, on the date of first publication, has copyright relations with the United States by virtue of the Universal Copyright Convention or the Buenos Aires Convention of 1910, is eligible for registration no matter where the work is first published. See sections 1103.02(b) and 1104.03. 4) A musical composition is jointly authored by a lyricist who is a national and domi ciliary of a nation with which the United States has no copyright relations and a composer who is domiciled in a nation [1984] .~
1100-15 1111 Some enera1 exam 1es i11ustratin rin ciples. (cont1d 4) (cont'd) that, on the date of first publication, is a member of the Universal Copyright Conven tion or the Buenos Aires Convention of 1910. By virtue of the domicile of the composer, the work is eligible for a regis tration extending to all the material covered by the claim, regardless of place of first pUblication. See sections 1103.02(b), 1104.03, and 1108.01. [END OF CHAPTER 1100] [1984]
1201 1201.01 1201.02 1201.03 1201.04 1201.05 1201.06 1201.07 1202 1202.01 1203 1204 1205 1205.01 1205.02 1205.03 1206 1207 1208 1209 1209.01 1209.02 1209.03 1209.04 Chapter 1200 MANUFACTURING PROVISIONS Outline of Topics Background information. Works published before January 1, 1978. Works published after December 31, 1977. Extension of ad interim copyright to full term. Registration of U.S. edition optional in certain cases. Manufacture of U.S. edition not required in certain cases. Ad interim registration made but no U.S. edition. No ad interim registration made. Basic requirements under current Act. Two-thousand copy limit. Works covered by the manufacturing requirements. Works not covered by the manufacturing require ments. Meaning of the word "preponderantly." Literary material of secondary importance. Literary material predominant. Pictorial and literary material approximately equal. Meaning of the word "substantial." Copies. Manufacture in the United States. situations where the manufacturing requirements are not applicable. Author not u.S. national or domiciliary. Author domiciled outside the United States for one year. Employment for hire. Manufacture in Canada. - 1 [1984] L
Chapter 1200 Manufacturing Provisions Outline of Topics - 2 1210 1210.01 1210.02 1210.03 1211 1212 1212.01 1212.02 1212.03 1213 1213.01 1214 1214.01 1214.02 1214.03 1214.04 1214.05 1215 [1984] Manufacturing processes covered. Copies printed from type. Lithographic or photoengraving process. printing and binding. Manufacturing processes not covered. Entry under an Import statement. Basic registration required. Import Statement may be issued for published or unpublished work. Import Statement not required. Who may request an Import Statement. Limit of one basic Import Statement for each work. Completion of Form IS. Identification of work. Person designated to receive Import Statement. Fee and contact. Certification. Registration number. New versions.
Chapter 1200 1201 1201.01 1201.02 MANUFACTURING PROVISIONS Background information. The provisions of this chapter deal with the requirement, as a con dition of full copyright protection, that certain works be manufactured in the United States or Canada. Works published before January 1, 1978. In the case of works published before January 1, 1978, and subject to the manufacturing clause of title 17, U.S.C., as it existed on December 31, 1977, compliance with that pro vision constitutes a condition of copyright in the United States. Works first published before January 1, 1978, in violation of such requirements are in the public domain in the United States and cannot be registered under the current Act. However, any work in which ad interim copyright under that law subsisted, or was capable of being secured, on December 31, 1977, is accorded copyright protection for the term or terms provided by section 304 of the current Act, and registration may be made under section 408 of that Act. Where applicable, and upon request, an Import Statement will be issued for such works, permitting importation of up to 2,000 copies. See section 107 of the Transitional and Supplementary Provisions of the current Act. For fuller explanation of the practices governing ad interim copyright as well as the general practices under the manufacturing clause of the Act of 1909, as amended, see Compendium I. Works published after December 31, 1977. In the case of works first published after December 31, 1977, the manufacturing requirements of section 601 of the current Act are applicable. Failure to comply with the manufacturing requirements may affect enjoyment of the exclusive rights of reproduction and distribution of copies, but such failure has no effect on any other exclusive rights. 1200-1 [1984J L
1200-2 1201 1201.03 1201.04 1201.05 Background information. (cont'd) Extension of ad interim copyright to full term. The Act of 1909, as amended, pro vided for the extension of ad interim copy rights to full term if both of the following two conditions were met: 1) a u.s. edition was produced in compliance with the manufacturing requirements and published with the required statutory copyright notice in the United States within a five-year period computed from the date of first publication abroad, and 2) the claim in the u.s. edition was registered in the Copyright Office., If registration of the u.s. edition was sought after expiration of the five-year period, the Copyright Office would register the claim under the rule of doubt, if that u.s. edition had been manufactured and pUblished within the five-year ad interim term. See Compendium I, Chapter 8, topic 8.4.6.II.b. Registration of u.s. edition optional in certain cases. For works manufactured and first published outside the United States after December 31, 1972, where ad interim registra tion was made and a u.s. edition, substantially identical with that first published abroad, was manufactured and published with notice within the five-year term, a new registration is not required to extend the copyright to the full term. See section 107 of the Transitional and Supplementary Provisions of the current Act. If, however, the applicant desires to place on record the facts concerning the u.s. manufac tured edition, the Copyright Office will not refuse regitration. Manufacture of U.S. edition not required in certain cases. Manufacture of a U.S. edition is not required for works in which ad interim copyright was subsisting or was capable of [1984]
1202 1200-3 1201 1201.05 1201.06 1201.07 1202.01 Background information. (cont'd) Manufacture of u.s. edition not required in certain cases. (contid) being secured on December 31, 1977. See section 107, Transitional and Supplementary Provisions of the current Act. However, where a u.S. edition, substantially identical with that first published outside of the United States, was manufactured and published within the five-year term, the Copyright Office will not refuse registration. Ad interim registration made but no U.S. edition. With respect to works manufactured and first pUblished abroad before December 31, 1972, for which ad interim registration was made but no u.S. edition was manufactured and published within the five-year ad interim term, no new registration is possible. No ad interim registration made. Any English-language book or periodical published before July 1, 1977, which was subject to the manufacturing requirements of the Act of 1909, as amended, for which ad interim registration was not made, cannot now be registered. Basic requirements under current Act. Copies of certain works consisting preponderantly of non dramatic literary material in the English language must be manufactured in the United States or Canada in order to satisfy the manufacturing requirements of the current Act. See 17 U.S.C. 601. Two-thousand copy limit. If such a work has been manufactured outside the United States or Canada, importation into the United States is limited to no more than 2,000 such copies upon issuance of an Import statement by the Copyright Office. [1984]
1203 1200-4 1204 1205 Works covered by the manufacturing requirements. The manufacturing requirements apply to copies of certain nondramatic literary works in the English language. Literary works are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia. See 17 U.S.C. 101. A nondramatic literary work is any literary work other than a drama. A drama is a work that tells a story by means of dialog or action and represents or gives directions for representing all or a substantial portion of a story as actually occurring rather than merely being narrated or described. See also section 431 of Chapter 400: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS. Works not covered by the manufacturing require ments. Dramatic, musical, pictorial, and graphic works, as well as works in languages other than English and works in the public domain in the United States, are among the works not included within the manufacturing requirements. Such works may thus be imported in unlimited quantities. Examples: 1) The acting version of a play, although in book form, is a dramatic work, and not subject to the manufacturing requirements. 2) A painting reproduced by lithographic, mezzotint, or other process, is not a nondramatic literary work, and is thus not subject to the manu facturing requirements of the current Act. Meaning of the word "preponderantly." The manufacturing requirements apply only to works which consist "preponderantly" of nondramatic literary materials in the English language. According to H.R. Report No. 94-1476, 94th Cong., 2d Sess. 167, a work consists "prepon derantly" of nondramatic literary material, if such material exceeds the exempted material [1984J
1205 1200-5 1205.01 1205.02 1205.03 Meaning of the word "preponderantly." (cont'd) in "importance." If a work consists prepon derantly of exempted material, e.~., pictures, photographs, plays, or music, tne manufac turing requirements do not apply and copies may be imported in unlimited quantities. However, in Stonehill Communications, Inc. v. Martuge, 512 F. Supp. 349 (S.D.N.Y. 1981), the Court found the "importance" test and the instructions in the legislative history vague and difficult to apply. "In the absence of congressional or duly authorized guidelines," stated the Court, "the answer is an objective test -- in this instance, a 'mechanical' one." The Court held that in the absence of any other standards, "a book 'consists of pre-pon derantly nondram[aJtic literary material ••• in the English language' when more than half of its surface area, exclusive of margins, consists of English-language text." Literary material of secondary importance. Where the literary material in a work consists merely of a foreword or preface, and captions, headings, or brief descriptions or explanations of pictorial, graphic, or other nonliterary material, the manufacturing requirements do not apply, and the Copyright Office will not issue an Import statement. Literary material predominant. Where the pic torial, graphic, or other nonliterary material clearly forms less than one-half of a work in which nondramatic literary material predomi nates, the manufacturing requirements apply to the textual portion of the work, and an Import Statement will be issued on request. pictorial and literary material approximately equal. If the pictorial material and non dramatic literary material are approximately equal in importance or quantity, it is unclear whether the import restrictions apply, and an Import Statement will be issued on request. [1984J
1206 1200-6 1207 1208 Meaning of the word "substantial." If, on the date importation is sought or public distribution in the united States is made, the author of any substan tial part of such material is neither a national nor a domiciliary of the United States, the manu facturing requirements do not apply. 17 U.S.C. 60l(b)(1). In this context, "substantial" has a meaning that suggests real worth and importance and would connote less than "preponderently" (as used in section 60l(a) of the current Act) but more than incidental or minimal. Examples: 1) A two-page preface to a 100-page work presum ably would not be considered to be a "substan tial" portion of the work. 2) A 2S-page portion of a 90-page considered "substantial." article would be Copies. The manufacturing requirements of the law extend only to copies of a work. "Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. 17 U.S.C. 101. Thus, phonorecords are outside the scope of the manufacturing require ments of the Act. Manufacture in the United states. The United States, when used in a geographical sense, com prises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government. 17 U.S.C. 101. The organized territories include Guam and the U.S. Virgin Islands. Manufacture in a territorial area under the jurisdiction of the United States which is not considered an "organized territory" is not regarded as manufacture in the United States. See section 1102.08 of Chapter 1100: ELIGIBILITY. [1984J
1200-7 1209 1209.01 1209.02 Situations where the manufacturing requirements are not applicable. The manufacturing require ments are not applicable in the fol~owing situa tions: Author not U.S. national or domiciliary. If, on the date when importation is sought or public distribution in the United States is made, the author of any substantial part of the nondramatic literary material in the English language is neither a national nor a domiciliary of the United States, the manufacturing provisions do not apply. Where a work was previously registered naming as author a person who was at that time neither a national nor a domiciliary of the United States, a request for an Import Statement for such work will not ordinarily be ques tioned, since the nationality or domicile of the author may have changed between the time registration was made and the time importation is sought. Author domiciled outside the United states for one year. If the author is a national of the United States but he or she has been domiciled outside the United States for a continuous period of at least one year immediately preceding the date when importa tion is sought or pUblic distribution in the United States is made, the manufacturing requirements are not applicable. Examples: 1) If the author of an English-language book is a U.S. citizen who has been domiciled in France for three years before requesting importation of a book manufactured in the Netherlands, unlimited importation is allowed. 2) If, with regard to the work mentioned in the above example, the importation of a reprint edition is later requested after the author has changed his domicile to the United States, an Import Statement would be required. [1984]
1200-8
1209 Situations where the
are not applicable.
1209.03 Employment for hire. If a substantial part of
the nonexempt text of a work made for hire was
prepared for an employer or other person who
is not a national or domiciliary of the united
States or a domestic corporation or enterprise,
the manufacturing requirements do not apply.
Example:
If a u.S. citizen prepares an English
language book as an employee for hire of
a French citizen or French corporation,
unlimited importation would be allowed.
1209.04 Manufacture in Canada. If a copyrighted
nondramatic literary work in the English
language was printed or reprinted in
Canada, copies could be imported into the
United States in unlimited numbers on or
after January 1, 1978, since Canadian
manufacture satisfies the manufacturing
requirements of the current Act.
1210 Manufacturing processes covered. Copies produced
by one or more of the processes mentioned below
are subject to the requirement of manufacture in
the United States or Canada.
1210.01 Copies printed from type. If copies are printed
directly from type that has been set, or directly
from plates made from such type, the setting of
the type and the making of the plates must be
performed in the United States or Canada.
1210.02 Lithographic or photoengraving process. If
the making of plates by a lithographic or
photoengraving process is a final or inter
mediate step preceding the printing of the
copies, the plates must be made in the United
States or Canada. The law permits the making
of reproduction proofs ("repro proofs") abroad,
provided that the plates from which the copies
are printed are made in the United States or
Canada and are not themselves imported.
Similarly, the importation of computer tapes
from which plates can be prepared is permitted.
[1984]
1200-9 1210 1210.03 1211 1212 Manufacturing processes covered. (cont'd) Printing and binding. If there is a final process of producing multiple copies and any binding of the copies, this must be performed in the united States or Canada. Manufacturing processes not covered. Photocopying is not considered a "printing process." Thus, if copies have been produced by photocopying, such reproduction is exempt from the manufacturing requirements. Copies produced in multiples by typewriter, by mimeograph, or by hand are also not covered by the manufacturing requirements. Copies reproduced in raised characters for the use of the blind are exempt from the manufacturing requirements. See 17 U.S.C. 601(b)(5). Entry under an Import Statement. In any case where issuance of an Import Statement is appro priate, importation of 2,000 copies is permitted, irrespective of the time the work may have been pUblished, and irrespective of whether registra tion was made under the current Act or under the Act of 1909, as amended. Where the copyright owner of a work in which ad interim copyright was subsisting on December 31, 1977, has already imported the 1,500 copies allowed under the Act of 1909, a new Import Statement will be issued upon request, permitting importation of an addi tional 500 copies. Examples: 1) For a work by a U.S. author, published and registered in 1970 as ad interim, where no U.S. edition was manufactured within five years as required by the Act of 1909, as amended, no new Import Statement can be issued because ad interim copyright was not subsisting on December 31, 1977. 2) For a work manufactured in the United States and registered in Class A in 1975 for which no Import Statement has been issued, an Import Statement could be issued on request, per mitting importation of 2,000 copies, if the work were reprinted outside of the United States or Canada. [1984]
1212 1200-10 Entry under an Import statement. (cont'd) 1212.01 Basic registration required. There must be a basic registration in the Copyright Office for the work before an Import Statement will be issued. However, the application for regis tration of a claim to copyright may be submitted simultaneously with the Form IS, which is the form for requesting issuance of an Import State ment. 1212.02 Import Statement may be issued for published or unpublished work. The Copyright Office will issue an Import Statement for an unpublished work on request. Where it appears that the work to be imported will be substantially different from the unpublished version in which a claim was or is being registered, the Copyright Office may point out that the Import Statement applies only to the particular work that is registered. See also section 1215 below. 1212.03 Import Statement not required. If an Import Statement is requested, but is clearly not required (~.~., where the nontextual matter predominates, or the work is in a language other than English, or the work is in the public domain in the United States), the Copy right Office will not issue the Import State ment. 37 C.F.R. 20l.8(a)(4). The Copyright Office will promptly so notify the requester since copies may be in transit or at a port of entry. However, in the case of a dispute between the U.S. Customs Service and the copy right owner concerning whether unlimited importation of copies is permissible under 17 U.S.C. 601, the Copyright Office will, in proper cases and upon request, issue the Import Statement. See 37 C.F.R. 20l.8(a)(5). 1213 Who may request an Import Statement. An Import Statement may be requested by the copyright owner or by the duly authorized agent of such owner. The copyright owner for this purpose may be: [1984]
1200-11
1213
1213.01
L 1214
1214.01
1214.02
Who may request an Import statement. (cont'd)
1) The author of the work (including, in the
case of a work made for hire, the employer
or other person for whom the work was pre
pared), or
2) A copyright claimant, other than the author,
identified in the registration for the work,
or
3) A person or organization that has obtained
ownership of one or more exclusive rights,
initially owned by the author, including
the exclusive right to import copies of
the work into the united States.
See 37 C.F.R. 20l.8(b)(2); see also section 1214.04
below.
Limit of one basic Import Statement for each
work. As a general rule, only one basic
Import Statement will be issued for the same
work. Exceptional cases will be dealt with
on their particular merits.
Completion of Form IS. There are a number of
spaces on the Form IS to be completed by the
requester. If registration has already been
made for the work, the information provided
should agree with the information in the
certificate of registration; if registration
is being made simultaneously with the request
for an Import Statement, the information given
should agree with the information in the
application for registration. The spaces
to be completed are as follows.
Identification of work. The title of the
work, name{s) of author(s), and name(s) of
copyright claimant(s) should be given.
Person designated to receive Import Statement.
The full name and complete mailing address of
the person or organization to whom the Copy
right Office will issue the Import Statement
should be given, even if the same name and
address appear elsewhere on the form. The
law provides that the Import Statement shal)
be issued to the copyright owner or to a
person designated by such owner. See 17
U.S.C. 60l(b)(2).
[1984J
1214 1200-12 Completion of Form IS. (cont'd) 1214.03 Fee and contact. If the requester maintains a Deposit Account in the Copyright Office, the Account should be identified. Other wise, the required fee should be enclosed with the request. The name, address, and telephone number of a person to contact about the request should also be provided on the form. 1214.04 Certification. The Form IS must include the handwritten signature of a person who certifies that he or she is either the copyright owner as shown in the records of the Copyright Office, or the duly authorized agent of the copyright owner, and that he or she authorizes the issu ance of an Import Statement to the designated person. 1214.05 Registration number. If the work has already been registered, the applicant should give the registration number in the appropriate space on the Form IS. If registration is being applied for simultaneously with the request for an Import Statement, the Copy right Office will add the registration number to the Form IS. 1215 New versions. If the version to be imported is substantially different from the version in which a claim to copyright was registered, a claim to copyright in the version to be imported must also be registered before an Import Statement covering that version can be issued. Examples: 1) Where an Import Statement is requested for the fifth revised edition of a textbook, and the registration number given on the Form IS is found to be that for the second revised edition, the Copyright Office will inform the requester that no Import Statement can be issued unless registration is made for the fifth revised edition. [1984]
1215 1200-13 New versions. (cont'd) Examples: (cont'd) 2) If a novel originally manufactured, published, and registered in the united States before 1978 is reprinted outside the United States or Canada with a new pictorial cover, no new registration is required for an Import State ment to be issued. The test for issuance of the Import Statement is whether there is a subsisting claim in the nondramatic literary material, and whether the claim to copyright in that material has been registered. 3) Where a U.S. author translates into English a Russian-language novel and importation is sought for the translation, a claim to copy right must be registered in the translation in order for an Import Statement to be issued. Registration for the Russian-language work is not a necessary condition for the issuance of the Import Statement, nor is it required that the work in Russian be protectible in the United States. [END OF CHAPTER 1200] [1984]
Chapter 1300 RENEWAL OF COPYRIGHT outline of Topics 1301 1301.01 1302 1302.01 1303 1303.01 1303.02 1304 1305 1306 1306.01 1307 1308 1309 1309.01 1310 1310.01 1310.02 1310.03 1310.04 1310.05 Background. Works copyrighted before January 1, 1978. Time limits for renewal. Informal applications. Computing term for published works. Antedated notice. Postdated notice. Computing term for unpublished works. Amendment after deadline. Date of receipt. Delay in delivery caused by disruption of postal or other services. Application received before the renewal year. Application received after the renewal year. Original registration. Exception to requirement for original regis tration. Contributions to periodicals and composite works. First publication basis. Separate claims. Identification of composite work. Different claimants. Group registrations. - 1 [1984]
Chapter 1300 Renewal of Copyright outline of Topics - 2 1311 1311.01 1311.02 1311.03 1311.04 1311.05 1311.06 1312 1313 1313.01 1313.02 1313.03 1314 1314.01 1314.02 1314.03 1315 1315.01 1315.02 1315.03 1316 1316.01 1316.02 1317 1317.01 1317.02 1317.03 1317.04 1317.05 1317.06 1317.07 [1984] Works first published abroad in English. Both editions registered. Single renewal application. Separate applications. Installments. Foreign edition never registered. No U.S. edition. Renewal claimants: authors and their successors. Renewal claimants: authors. Author still living. Author's name not in records of original regis tration. Term II author II defined for renewal purposes. Renewal claimants: widows, widowers, and children. single class. Definition of widow or widower. Definition of children. Renewal claimants: executors. Qualification. Personal right. Intestate. Renewal claimants: next of kin. Definition. Will but no executor. Renewal claimants: proprietors. Definition. Derivation of title. Posthumous works. composite works. Individual contributions. Corporate body. Employer in the case of a work made for hire.
Chapter 1300 Renewal of Copyright Outline of Topics - 3 1318 1318.01 1318.02 1318.03 1318.04 1318.05 1319 1319.01 1319.02 1319.03 1319.04 1319.05 1319.06 1319.07 Joint renewal claimants. Several claimants, same application. Later application, same work. Adverse claims. Adverse claims: conflicts concerning the author and the author's successors. Adverse claims: conflicts concerning proprietors, authors, and authors' successors. Unacceptable renewal claims. Personal right. Deceased person. Claimants not named, only status given. Claimant fails to qualify. Successors or representatives of claimants. Assignment of renewal interests. Extent of claim. [1984]
1301 Chapter 1300 RENEWAL OF COPYRIGHT 1301.01 Background. The copyright law of 1909, as amended, provided for copyright protection for an initial term of 28 years, with the possibility of a renewal term of statutory protection if a claim to renewal copyright was registered in the Copyright Office during the last year of the first term. However, a new copyright statute carne into full effect on January 1, 1978: among other things, the new law makes important changes concerning the length of copyright protection: for works that are copy righted for the first time on or after January 1, 1978, it establishes a single copyright term. Nevertheless, under the new law, works originally copyrighted before January 1, 1978, must still be renewed in order to obtain the fullest period of copyright protection allowed by the law for such works. This chapter is applicable only to those works. Works co ri hted before Januar 1, 1978. Section 304 a of the copyright law provides that " a n y copyright, the first term of which is subsisting on January 1, 1978," endures for 28 years from the date it was originally secured, and that a renewal term of copyright lasting 47 years, can be secured by certain designated claimants if an application for renewal is made to the Copyright Office "within one year prior to the expiration of the original term of copy right." The law specifies that all such terms of copyright run to the end of the calendar year in which they would otherwise expire. See 17 U.S.C. 305. This not only affects the dura tion of copyright: it also affects the time limits for renewal registration. See section 1302 below. NOTE: For works that were in their renewal term of copyright on December 31, 1977, the law auto matically extended the copyright to last for a total of 75 years (a first term of 28 years plus a renewal term of 47 years) measured from 1300-1 [1984]
1300-2 1301 1301.01 1302 1302.01 Background. (cont'd) Works copyrighted before January 1, 1978. (cont'd) the end of the year in which the copyright was originally secured; no additional renewal is necessary for such works. Time limits for renewal. A copyright may be renewed for a renewal term of 47 years, provided that an acceptable application and fee are received in the Copyright Office or elsewhere in the Library of Congress during the year immediately preceding the expiration date of the original term of copy right. See 17 U.S.C. 304(a). * Unless the required application and fee are received during the prescribed period before the first term of copyright expires, the copyright in the work terminates at the expiration of 28 years from the end of the calendar year in which copyright was originally secured. * The Copyright Office has no discretion to extend the renewal time limits. See 37 C.F.R. 202.l7(c)(1). Informal applications. Whenever a renewal applicant has cause to believe that a formal application for renewal (Form RE) (and in the case of works in which U.S. copyright subsists by virtue of section 9(c) of title 17, U.S.C., in effect on December 31, 1977, an accompany ing affidavit and submission relating to the subsistence of first-term copyright), if sent to the Copyright Office by mail, might not be received in the Copyright Office before expira tion of the statutory time limits the appli cant may apply for renewal registration by telegraphic or similar unsigned written communication. An application made by this method only will be accepted if: [1984J
1300-3 1302 Time limits for renewals. (cont'd) 1302.01 Informal applications. (cont'd) (1) the message is received in the Copyright Office within the specified time limits: (2) the applicant adequately identifies the work involved, the date of first publication or original registration, the name and address of the renewal claimant, and the statutory basis of the renewal claim: (3) the fee for renewal registration, if not already on deposit, is received in the Copyright Office before the time for renewal registration has expired: and (4) a formal application for renewal (Form RE) (and in the case of works in which u.s. copyright subsists by virtue of section 9(c) of title 17, U.S.C., in effect on December 31, 1977, as provided in 37 C.F.R. 202.l7(d)(2), an accompanying affidavit and submission relating to sub sistence of the first-term copyright) are also received in the Copyright Office before February 1 of the following year. See 37 C.F.R. 202.l7(c)(3). 1303 Computing term for published works. Copyright for works published before January I, 1978, generally began on the date of first publication. However, under the current Act the original term does not expire until the end of the last day of the 28th calendar year measured from the year of first publication. See 17 U.S.C. 305. 1303.01 Antedated notice. In cases where the year date in the copyright notice appearing on the copies as first published was earlier than the actual date of publication, the original term of copyright is computed from the last day of the year given in the notice, and not the date of publication. The actual date of publication should be given in the renewal application, and [1984]
1300-4 1303 1303.01 1303.02 1304 1305 Computing term for pUblished works. (cont'd) Antedated notice. (cont'd) the Copyright Office will add the annotation: "YEAR DATE IN COPYRIGHT NOTICE: 19 ." Claims to renewal copyright received more~han 28 years from the first day in the year given in the copyright notice will be refused registra tion. See also section 1308 below. Postdated notice. If the year date in the copyright notice appearing on the copies as published was one year later than the actual date of publication, the original term is computed for renewal purposes from the year date of publication. No annotation respecting a postdated notice will be made to the renewal application. Computing term for un~ublished works. For unpublished works reglstered in the Copyright Office before January 1, 1978, statutory copyright began on the date of such registration and lasts for an original term of 28 years. Under the new law the original term does not expire for such works until the end of the last day of the 28th calendar year after registration. The date of registration of unpublished works currently renewable under the new law is the date when the last element (application, copy, fee) was received in acceptable form in the Copyright Office. Amendment after deadline. If an application that contains a title by which the work may be identified and a correct statement of either the renewal claimant or basis of the renewal claim is received within the proper time limits, but correspondence is required, the claim may be entered after expiration of the original term. However, the Copyright Office will make a special effort to obtain a fully acceptable application before the original term expires. [1984]
1300-5 1305 Amendment after deadline. (cont'd) Example: A renewal application for a work by John Doe received during the 28th year of the first term identifies the renewal claimant as executrix, and the Copyright Office has reason to believe that the claimant is the surviving spouse, e.~., the renewal application gives Mrs. John Doe~ or the letter of transmittal indicates that she is the widow of the author. The Copyright Office will write for a new application setting forth the proper basis of claim, even though the statutory renewal period has expired in the interim. 1306 Date of receipt. The date of actual receipt in the Copyright Office determines the acceptability of a renewal application. See 37 C.F.R. 202.l7(c). * Receipt of a renewal application or fee else where in the Library of Congress is regarded as equivalent to receipt in the Copyright Office. Mail misdirected or misdelivered to another * Government agency, and delivered to the Copy right Office after the deadline will not permit registration. * The date of deposit in the mails is not deter minative for this purpose. 1306.01 Delay in delivery caused by disruption of postal or other services. In any case in which the Register of Copyrights determines, on the basis of such evidence as the Register may by regula tion require, that a deposit, application, fee, or any other material to be delivered to the Copyright Office by a particular date, would have been received in the Copyright Office in due time except for a general disruption or suspension of postal or other transportation or communications services, the actual receipt of such material in the Copyright Office within one month after the date on which the Register determines that the disruption or suspension of [1984] L
1300-6 1306 1306.01 1307 1308 such services has terminated, shall be consid ered timely. 17 U.S.C. 709. No regulation has yet been issued by the Copyright Office under this provision. Application received before the renewal year. A renewal application received at any time before the beginning of the renewal year will not be accepted. An entirely new application must be submitted during the proper year. Application received after the renewal year. If an application or fee is received after the renewal year has expired, the claim will be refused. * When the applicant filed too late in reasonable reliance on a record created, or original certi ficate issued, by the Copyright Office, or an official Copyright Office search report, which contained an error, omission, or patent ambi guity with respect to the term, the Copyright Office will register the renewal claim as a doubtful case. * When the Copyright Office records state a date of publication which has not been questioned or corrected, renewal registration will not be made after the 28th year from that date, even when the renewal applicant asserts that the date was erroneous. Concerning the procedure for cor recting a date of publication, see Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT RECORDS: SUPPLEMENTARY REGISTRATIONS. Examples: 1) Where the renewal applicant has relied on a certificate of original registration which lacked an annotation showing that the year date in the copyright notice was antedated, a renewal application will be accepted during the 28th year measured from the date of publica tion. [1984]
1309 1300-7 130B 1309.01 ear. Examples: (cont1d) 2) Where the applicant has relied on incorrect information appearing in the Catalog of Copy right Entries as a result of a Copyright Office error, renewal registration will be made. original registration. Except as provided in sec tion 1309.01 below, copyright in a work will not be registered for a renewal term unless an original registration for the work has been made in the Copyright Office. However, the original and renewal claims may be submitted simultaneously, although the renewal claim will be processed only after a registration number has been assigned to the application for the original term. Generally, in examining such applications for first-term registration, the Copyright Office will apply the practices existing at the time the work was origi nally published in determining registrability. The current application forms and registration fees will be required. NOTE: The Copyright Office may register claims to renewal even though it might not under its present policies register the original claim. Exception to requirement for original regis tration. An original registration in the Copyright Office is not a condition precedent for renewal registration in the case of a work in which u.s. copyright subsists by virtue of section 9(c) of title 17, U.S.C., in effect on December 31, 1977, (which implemented the Uni versal Copyright Convention), provided, how ever, that the application for renewal regis tration is accompanied by: 1) An affidavit identified as "Renewal Affidavit for a U.C.C. Work" and containing the following informa tion: (A) The date of first pUblication of the work; [19B4J
1300-8 1309 1309.01 is 1) (cont'd) (B) The place of the work: first pUblication of (c) The citizenship of the author on the date of first publication of the work: (D) The domicile of the author on the date of first pUblication of the work: (E) An averment that, at the time of first publication, all the copies of the work pUblished under the authority of the author or other copyright propri etor bore the symbol © accompanied by the name of the copyright proprietor and the year of first pUblication, and that U.S. copyright subsists in the work: (F) The handwritten signature of the renewal claimant or the duly authorized agent of the renewal claimant. The signature shall (1) be accompanied by the printed or type written name of the person signing the affidavit and by the date of the signa ture: and (2) shall be immediately preceded by the following printed or typewritten statement in accordance with section 1746 of title 28, U.S.C.: I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 2) A submission relating to the notice of copy right and copyrightable content which shall be, in descending order of preference, comprised of: (A) One complete copy of the work published: or as first [1984J
L 1300-9 1309 Original registration. (cont'd) 1309.01 for ori is 2) (cont'd) (B) (1) A photocopy of the title page of the work as first published, and (2) A photocopy of the page of the work as first published bearing the copyright notice, and (3) A specification as to the location, relative to each other, of the title and notice pages of the work as first pub lished, if the pages are different, and (4) A brief description of the copy rightable content of the work, and (5) An explanation of the inability to submit one complete copy of the work as first published: or (c) A statement describing the position and contents of the copyright notice as it appeared on the work as first pUblished, and a brief description of the copy rightable content. The statement shall be made and signed in accordance with paragraph (l)(F) of this section and shall also include an explanation of the inability to submit either one complete copy of the work as first published or photocopies of the title and notice of the work as first pub lished. See 37 C.F.R. 202.l7(d)(2). 1310 Contributions to periodicals and composite works. The following practices relate to renewal of claims to copyright in contributions to periodicals and composite works. 1310.01 First publication basis. In order to be accept able, a renewal claim in an individual contri bution which was not registered separately must be based on first publication of the contribution. [1984]
1300-10 1310 1310.01 1310.02 1310.03 l310.03(a) to eriodicals and com osite works. First publication basis. (cont'd) Example: A renewal application covering a short story which appeared in BEST SHORT STORIES, an anthology of previously pUblished materials, will not be registered since the short story was not first published in the anthology. Separate claims. Individual renewal copyright in contributions to periodicals and other com posite works may be registered, whether or not they were separately registered for their original term of copyright. Where the indivi dual contribution was not separately registered, a claim to copyright in the periodical or other composite work must have been registered to serve as a basis for renewal registration of the individual contribution. Identification of composite work. A renewal application covering a contribution which was not registered separately must clearly identify the periodical or other composite work in which the contribution appeared. Generally, a com posite work is an original publication relating to a variety of subjects to which a number of different authors have contributed distinguish able and separable selections: in this connection, see also section 13l7.04(a) below. Facts of original registration required. The renewal application must contain the facts of original registration, e.~., title of periodical, volume and 1ssue number, issue date and original registration date, in addition to the publication date for the periodical or other work. Where the work cannot be fully identified from the renewal application and Copyright Office records, correspondence may be necessary. All other statements on the renewal application are taken at face value unless a patent error or ambiguity is presented. [1984]
1300-11 1310 1310.04 1310.05 Contributions to periodicals and composite works. (cont'd) Different claimants. A contribution which was published with a separate copyright notice should be separately registered for the origi nal term of copyright before renewal regis tration is made, if the claimant stated in the notice differs from the claimant given in the notice on the composite work as a whole. The Copyright Office requires original registration as a condition to renewal registration when this fact is known. When the names in the copyright notices appearing on the contribution and the composite work are the same, original regis tration for the individual contribution is optional. Group registrations. A single renewal regis tration may be made for a group of works by the same individual author, all first published as contributions to periodicals, including news papers, upon submisson of a single fee and application, when certain conditions are met. The "author" here means an individual person and not an employer in the case of a work made for hire. Also the class in which the original registrations were made is immaterial and is not limited to Class B (Form BB). The above mentioned conditions, set forth below, must all be met: 1) The renewal claimant or claimants, and the basis of claim or claims under 17 U.S.C. 304(a), is the same for each of the works~ and 2) The works were all copyrighted upon their first publication, either through a sepa rate copyright notice and registration, or by virtue of a general copyright notice in the periodical issue as a whole and a claim to copyright has been registered in the periodical issue~ and 3) The not renewal application and fee are received more than 28 or less than 27 years after [1984]
1311 1300-12 1310 1310.05 1311.01 1311.02 to eriodicals and com osite works. Group registrations. (cont'd) 3) (cont'd) the 31st day of December of the calendar year in which all of the works were first published; and 4) The renewal application identifies each work separately, including the periodical containing it and its date of first publi cation. See 17 U.S.C. 408(c)(3). Works first published abroad in English. Under the Act of 1909, as amended, ad interim copyright was a short-term copyright available to English language books and periodicals which were manu factured and first published abroad. It was secured by registration within six months of first publi cation abroad and lasted for a maximum of five years from the date of publication. Copyright could be extended to the full 28-year term if a U.S. edition was manufactured and published within five years after first publication abroad, and if a claim to copyright in the U.S. edition was also registered. Both editions registered. If ad interim and full-term registrations were both made within the proper time limits, renewal registration may be made to cover both editions. Single renewal application. A single renewal application can be submitted covering both the ad interim and full-term registrations, regard less of whether or not the U.S. edition con tained new matter, provided both editions are eligible for renewal during the same calendar year. If both editions are included on a single renewal application, that application must include information taken from both original registrations. For the special problem pre sented by an antedated notice, see section 1303.01 above. [1984]
1300-13 1311 1311.03 l3ll.03(a) 1311.04 1311.05 Works first published abroad in English. (cont'd) Separate applications. Where separate appli cations are submitted, each application must be filed within the 28th calendar year of the term of copyright in the particular edition it covers. The Copyright Office will annotate each appli cation to refer to the other edition. Late application. If the renewal applica tion is received more than 28 years from the end of the year of first publication abroad, registration will be refused because the application was received too late. The applicant may submit a new application covering the U.S. edition alone, if that edition contained new matter, and if the application was submitted during the renewal period applicable to the new matter. Installments. When a work was first published abroad in serial installments and several sepa rate ad interim registrations were made, separate renewal registrations may be made, even though the first U.S. edition was published in a single volume. If the applicant prefers, a single group registration can be made for installments first published as contributions to a periodical, provided the criteria set forth in section 1310.05 have been met. Foreign edition never registered. If the foreign edition of a work was never registered ad interim, but the later U.S. edition was registered, the Copyright Office will accept a renewal application covering the U.S. edition. In the case of an application received during the 28th year measured from the end of the year of foreign publication, a cautionary letter will be sent stating that the registration is of doubtful validity. In the case of an appli cation received more than 28 years from the end of the year of foreign publication, the cau tionary letter will explain that renewal regis tration covers only the new matter, if any, in the U.S. edition. A new matter statement will not be required on the renewal application, unless a new matter statement appeared on the original application. [1984]
1300-14 1311 1311.06 l3ll.06(a) Works first published abroad in English. (cont'd) No U.S. edition. Where the Copyright Office records fail to reveal that a U.S. edition of a work was ever registered, the Copyright Office will generally refuse registration for a renewal claim based on an ad interim registration, subject to the special provisions in sections l3ll.06(a) and l3ll.06(b) below. The Copyright Office will, how ever, correspond in order to determine whether the U.S. edition has been registered, ~.~., under a different title. of the Universal Co ri ht Convention The UCC carne into force with respect to the United States on September 16, 1955. The implementing legislation provides that, upon the corning into force of the Universal Copyright Convention in a foreign state or nation, every book or periodical of a citi zen or subject thereof in which ad interim copyright was subsisting on the effective date of said corning into force shall have copyright for 28 years from the date of first publication abroad without the necessity of complying with the further formalities specified. See section 9(c) of the Act of 1909, as amended. Therefore, in such cases the ad interim copyright was extended to the full 28-year term measured from the date of first publication abroad, and such copyrights are renewable in accor dance with the general provisions relating to the term for other published works. See section 1303 above. In determining whether renewal registration is possible, the fac tors to be considered include the follow ing: 1) Citizenship of the author as shown in the Copyright Office records. 2) The effective date of adherence to the UCC by the country of which the author was a citizen. 3) The time between securing ad interim copyright and the effective date of such adherence. [1984]
1300-15 1311 Works first pUblished abroad in English. (cont'd) 1311.06 No U.S. edition. (cont'd) 1311.06(b) Effect of the current Act. In the case of any work in which ad interim copyright is subsisting or is capable of being secured on December 31, 1977, under section 22 of title 17 as it existed on that date, copy right protection was extended to endure for the full term or terms provided by section 304 of title 17 of the new law, pursuant to Sec. 107 of Transitional and Supple mentary Provisions of the current Act. Thus, for works covered by this provision, a renewal claim will be registered even though there was no registration for a U.S. edition. 1312 Renewal claimants: authors and their successors. In accordance with the copyright law, it is the author, if living, who is entitled to claim renewal copyright with respect to all works other than those enumerated in section 1317 of this chapter. More over, if the author is dead, it is the copyright law, rather than the rules of testamentary or intestate succession, that specifies the successive classes of persons entitled to claim renewal copy right. See 17 U.S.C. 304. 1313 Renewal claimants: authors. The author, if living, may claim renewal, whether the work was published in the author's true name, a pseudonym, or anonymously. 1313.01 Author still living. If the author is still living, the renewal application must be filed in the author's own name, even if the author is insane or incompetent. 1313.02 Author's name not in records of original regis tration. Where an applicant is claiming renewal as the lI a u t h o r , " or as any other person entitled to claim renewal if that author is dead, and where that author's name does not appear in the records of the original registration, renewal registration will generally not be made unless that name is placed in the Copyright Office records. The Copyright Office may suggest (1984] L
1314 1300-16 1313 1313.02 1313.03 Renewal claimants: authors. (cont'd) Author's in records of ori is tration. that an application for supplementary registra tion be submitted in order either to correct or to amplify the information given in the original record. See Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT RECORDS: SUPPLEMEN TARY REGISTRATIONS. In any case, and particu larly when a supplementary registration is not suitable, a document supporting the author ship may be recorded in the Copyright Office. The renewal application is annotated to reflect the volume and page number of recordation. A supplementary registration or document is not necessary when the nature of the work makes the omission of the claimant's name natural, ~.~., works of multiple authorship, pictorial reproductions, and obviously anonymous works. See also Adverse claims, section 1318.03 below. Term "author" defined for renewal purposes. The term "author," for renewal purposes, refers to the individual who personally wrote or created lIrenewable matter ll in the work. The term "author" includes editors, compilers, arrangers, trans lators, illustrators, etc. It does not include employers in the case of works made for hire, pUblishers, corporations, firms, partnerships, religious orders, fraternal organizations, or any other impersonal entities. Renewal claimants: widows, widowers, and children. If the author is dead, the author's surviving spouse and children are entitled to claim renewal. 17 U. S. C. 304. Single class. The widow (widower) and children are regarded as a single class of renewal claim ants, and applications from any or all will be accepted without question. See DeSylva v. Ballentine, 351 U.S. 570, 30 C.O.Bull. 245 ( 1956) • [1984] 1314.01
1300-17 1314 1314.02 1314.03 Renewal claimants: widows, widowers, and children. (cont'd) Definition of widow or widower. The author's widow or widower is the author's surviving spouse under the law of the author's domicile at the time of his or her death, whether or not the spouse has later remarried. 17 U.S.C. 101. 1) A widow (widower) does not lose his (or her) renewal rights upon remarriage. 2) A common-law spouse may also be regarded as the "widow" or "widower" for renewal purposes, if the author is deceased. 3) A divorced spouse is not an acceptable renewal claimant as widow or widower. However, the Copyright Office will not inquire into the validity of a marriage or a divorce. 4) The terms "wife of the author," "wife of the deceased author," "husband of the author," or "husband of the deceased author" are not acceptable bases of claim. The basis of claim must be stated as either "widow" or "widower" of the author. 5) The Copyright Office will request a new application correcting the basis of claim if a widow or widower is claiming renewal as the author's "next of kin" or "executor." Definition of children. A person's "children" are that person's immediate offspring, whether legitimate or not, and any children legally adopted by that person. 17 U.S.C. 101. 1) The Copyright Office will register a renewal claim in the name of an illegitimate child, whether paternity has been acknowledged or not. 2) Legally adopted children are acceptable renewal claimants. 3) stepchildren, as such, are not entitled to claim renewal. [1984]
1315 1300-18 1314 1314.03 1315.01 1315.02 Renewal claimants: widows, widowers, and children. (cont'd) Definition of children. (cont'd) 4) Grandchildren and other descendants beyond the first degree cannot claim renewal as "the children of the deceased author." 5) The Copyright Office will request a new application giving the correct basis of claim if a child is claiming renewal as the author's "next of kin" or "executor." Renewal leaving claimants: executors. If the author dies a will, and if no widow, widower, or children are living at the time the renewal appli cation is filed, the author's executor is entitled to claim renewal in his or her own name. Qualification. In order to be regarded as an "executor," a claimant must have been named in the author's will, and presumably must have been qualified in probate pro ceedings. However, the Copyright Office will not refuse a renewal claim in the name of the the executor, even if the author's will has not been probated. The Copyright Office will accept as an "executor" a claimant described as an "ancillary executor," "substitute executor," "successor executor," or "literary executor." See also section 1316.02 below. Personal right. The right to claim renewal as "executor" is a personal one, and the renewal application must name the individual executor. 1) The author's legatees, as such, have no right to claim renewal in their own names. 2) Renewal rights are claimed by the executors not for their personal benefit, but as fiduciaries for the benefit of the legatees under the author's will. See Miller Music Cor. v. Charles N. Daniels, Inc., 362 u.S. 373, 32 C.O.Bu11. 307 1960. [1984]
1315 1315.02 1316 1300-19 Renewal claimants: executors. (cont'd) 1315.03 1316.01 Personal right. (cont'd) 3) A renewal claim cannot be registered in the name of the "Estate of John Doe , ll even if executors have not yet been qualified under the author's will. 4) The executor named in the renewal applica tion must be an individual or be a fiduciary organization authorized by law to serve as an executor. A renewal application which does not name as executor an individual or a trust department of a bank will be ques tioned. Example: The renewal application which names a law firm as the renewal claimant in the capacity of executor under the author's will will be questioned because it is unclear whether the law firm is a fiduciary organization authorized by law to serve as executor. Intestate. In no case can the administrator of an intestate author's estate claim renewal. Renewal claimants: next of kin. If the author is dead and no widow (widower) or children survive the author, and if there is "the absence of a will," the author's next of kin are entitled to claim renewal. 17 U.S.C. 304(a). Definition. The term "next of kin" refers only to blood relatives of the author. 1) It is not clear whether the term "next of kin" refers only to the living relatives of the nearest degree of consanguinity (defined as the quality or state of being descended from the same ancestor) or whether it also includes the descendants of dead relatives claiming on the theory representation. The Copyright Office [1984J
1300-20 1316 1316.01 1316.02 Renewal claimants: next of kin. (cont'd) Definition. (cont'd) 1) (cont d) I will register the claim of any blood relative as "next of kin," regardless of the degree of consanguinity. Example: Where an author had two brothers, one of whom died leaving two sons, it is unclear whether the nephews may claim renewal equally with the surviving brother. 2) The statement of the basis of claim on the renewal application must not consist solely of a statement of relationship, ~.~. sister, mother, niece, etc. The claim itself should be stated as "next of kin of the deceased author, there being no will," although kinship may be specified paren thetically. 3) Statements such as "heirs" or "representa tives of heirs" are not acceptable either as claimants or as bases of claim. Will but no executor. If the author left a will, but no executor exists at the time for renewal, the proper renewal claimant is unclear. 1) However, on the basis of judicial authority, the Copyright Office will accept a claim in the names of the next of kin, except in the situation noted in paragraph 3(c) below. 2) If it is unclear whether executors still exist, registration may be made in the names of both the executors and the next of kin on separate applications and for separate fees. Example: The executor himself is unsure whether or not he was actually discharged. [1984J
1316 1300-21 Renewal claimants: next of kin. (cont'd) 1316.02 Will but no executor. (cont'd) 3) If the author leaves a will which names no executor, or if the person named cannot or will not act as executor, the court may appoint an "administrator cum testamento annexo" (administrator with the will annexed: administrator c.t.a) who performs the identical functions of an executor. When the estate has been settled and the executor discharged, or when the executor is removed before the estate is completely administered, the court may appoint an "administrator de bonis non cum testamento annexo (adminis trator de bonis non with the will annexed: administrator d.b.n.c.t.a.) to deal with the remaining or after-acquired property under the will. a) The Copyright Office will register renewal claims in the names of admin istrator c.t.a. or administrator d.b.n.c.t.a. Except as noted in para graph (c) below, the Copyright Office will also register renewal claims for the same work in the names of both the next of kin and the administrators c.t.a. or administrators d.b.n.c.t.a. on the basis of separate applications and fees. b) Where the author's will names an executor who cannot or will not act as executor, or when the estate has been settled and the executor discharged, or when the executor is removed before the estate is completely settled, registration will be made in the names of the author's next of kin, even when the administrators c.t.a. or adminis trators d.b.n.c.t.a. exist. c) If the author left a will without naming an executor, and an administrator c.t.a. or administrator d.b.n.c.t.a. is in existence at the time of renewal regis tration, an application in the name of the next of kin will be refused on the [1984]
1300-22 Renewal claimants: next of kin. (cont'd) 1316 1316.02 Will but no executor. (cont'd) c) (cont' d) basis of Gibran v. National Committee of Gibran, 255 F.2d 121, 31 C.O.Bu11. 249 (2d Cir. 1958): cert. denied, 358 u.s. 828 (1958). 1317 Renewal claimants: proprietors. The copyright act provides that the proprietor of the copyright may claim renewal in certain specified cases. 1317.01 Definition. The term "proprietor" refers to the owner of the copyright on the effective date of the renewal registration. 1317.02 Derivation of title. In order to claim renewal as "proprietor," the claimant must derive his or her title directly or indirectly from the original copyright owner. 1317.03 Posthumous works. If a work is "posthumous" within the meaning of the copyright law, the proprietor is the proper renewal claimant. Generally, the author's widow, widower, children, executor, or next of kin have no right to claim renewal in a "posthumous work." 1317.03(a) Definition. A work is not considered "posthumous" if it is published during the author's lifetime: but a work is commonly considered "posthumous" if it is first published after the author's death. How ever, for purposes of section 304(a) of the copyright law, the term "posthumous work" means any work as to which no copyright assignment or other contract for exploita tion of the work has occurred during the author's lifetime and which is unpublished at the time of the author's death. See Bartok v. Boose & Hawkes, Inc., 523 F.2d 941, 40 C.O.Bu11. 69 2d C1r. 1975), and H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. 139 (1976): see also 37 C.F.R. 202.17(b). Thus, under section 304(a) a work is not "post humous" if it was merely first published after the author's death. [1984]
1317 1300-23 Renewal claimants: proprietors. (cont'd) 1317.03 Posthumous works. (cont'd) 1317.03(b) Proper claimant. Where the work is "posthumous li within the meaning of section 304(a) of the copyright law, the appropriate claimant is the proprietor. 1) Where the applicant asserts that there was neither a contract for exploitation nor an assignment of copyright during the author's lifetime, and the work was unpublished on the date of the author's death, the Copyright Office will make registration in the name of the pro prietor. 2) Where the applicant asserts that during the author's lifetime there was a contract for exploitation but no copyright assign ment, it is unclear whether or not the work is "posthumous." See S. Rep. No. 94-473, 94th Cong., 1st Sess. 123 (1975). Therefore, registration will be made in the name of the author's widow, widower, children, executor, or next of kin and also in the name of the proprietor, pro vided separate applications and fees are submitted. 3) Where the applicant asserts that there was an assignment of the copyright during the author's lifetime, the work is not considered "posthumous," and the Copyright Office will make the renewal registration in the name of the author's widow, widower, children, executor, or next of kin. Regis tration will not be made in the name of the proprietor. 4) Where the proprietor-applicant asserts that the work is "posthumous" only because the work was first published after the author's death, the Copyright Office will inquire whether during the author's lifetime there was a copyright assignment or other contract for exploitation of the work. [1984]
1300-24 1317 1317.03 l3l7.03(b) 1317.04 l3l7.04(a) 1317.05 Renewal claimants: proprietors. (cont'd) posthumous works. (cont'd) proper claimant. (cont'd) 5) Where the work was originally published as a contribution to a periodical and that contribution was not separately registered, there is doubt under the wording of the renewal provisions of the law as to whether the proprietor of such a "posthumous work" may claim the renewal. In such cases, the Copyright Office will accept applications from the proprietor, and also from the author's widow, widower, children, executor, or next of kin, provided separate applica tions and fees are submitted. Composite works. The proprietor of a periodical, cyclopedic, or other composite work may claim renewal in the work as a whole. Definition. Generally, a composite work is an original publication relating to a variety of subjects to which a number of different authors have contributed dis tinguishable and separable selections. Thus, a work by a single author con sisting of a collection of his writings is not a composite work. Similarly, a work which is the product of joint authorship and common design, or which consists of elements which have been indistinguishably merged into a single entity, cannot be regarded as composite, ~.~., musical compositions, dramas, dramatico-musical works, and motion pictures. Individual contributions. While the proprietor of a composite work may claim renewal in the work as a whole, the author of an individual contribution, or the author's beneficiaries, may also claim renewal in the contribution. * It is unclear whether the proprietor's claim in the entire work covers everything in the work that is not separately renewed. [1984]
1300-25 1317 1317.05 1317.06 1317.06(a) 1317.06(b) Renewal claimants: proprietors. (cont'd) Individual contributions. (cont'd) * If a renewal application covering an indi vidual contribution is received too late for registration, the Copyright Office will inform the applicant of the facts of renewal registration for the composite work because the contribution may be protected by the renewal of the general copyright in the composite work in which the contribution was first published. Corporate body. In the case of a "work copyrighted by a corporate body otherwise than an assignee or licensee of the author," the statute gives the proprietor the right to claim renewal. Questionable claim. This basis of claim is always questioned unless it has been estab lished by previous correspondence. When not acceptable. This basis of claim is not acceptable when: 1) The original copyright claimant was not a corporation. 2) The individual author of an unpublished work transferred his common-law literary property, or his right to secure copy right, to a corporation. i) The corporation is regarded as the author's assignee. ii) The fact that the corporation also purchased the author's manuscript does not change its status as assignee. 3) The work is posthumous, composite, or was made for hire. [1984] L
1317 1300-26 Renewal claimants: proprietors. (cont'd) 1317.06 Corporate body. (cont'd) l3l7.06(c) Corporate body: special circumstances. In cases other than those listed in section l3l7.06(b) above, registration on this basis will be strongly discouraged and will be made only when the applicant indicates that there were special circumstances under which the claim might conceivably be said to apply. Examples: 1) Works to which the stockholders of a corporation have contributed indis tinguishable parts. 2) Works written or created by members of a religious order or similar organiza tion, when the individual authors never had a personal property right in the works. 3) Works written by an official or major stockholder in a corporation, when the works were written directly for the corporation and the arrangement did not amount to employment for hire. 4) Motion pictures, when the applicant asserts that the work was produced under special circumstances and was not copyrighted by an employer for whom the work was made for hire. 1317.07 Employer in the case of a work made for hire. The proprietor of the copyright shall be en titled to claim renewal in works originally copyrighted by an employer for whom they were made for hire. See 17 U.S.C. 304. [1984]
1317 1300-27 Renewal claimants: proprietors. (cont'd) 1317.07 Employer in the case of a work made for hire. (cont'd) l3l7.07(a) Employer-claimant. Generally, in order for this basis of claim to be acceptable, the original copyright claimant must have secured the copyright by virtue of his employment of the "a uthor," rather than through any transfer of rights after the work was completed. l3l7.07(b) Determinations by Copyright Office. The Copyright Office will generally make no effort to determine whether or not a par ticular agreement constituted employment for hire. A renewal claim as " a uthor" will be * questioned when the original records of the registration state that the work was made for hire. * The claim will be registered if the individual was listed as " a uthor" by virtue of being an employer in a work made for hire. * A renewal claim as "proprietor of copy right in a work made for hire" will be questioned when the original copyright claimant was also the only author listed in the Copyright Office records. The claim will be refused if the person listed as II author II on the original records was not an employee for hire. However, if an explanation is offered indicating that the " a uthor" was employed for hire, and inadvertently or by agreement with the employer, claimed copyright in his or her own name, the proprietor claim will be accepted. [1984]
1300-28 1317 1317.07 l3l7.07(c) l3l7.07(d) 1318 Renewal claimants: proprietor. (cont'd) Employer in the case of a work made for hire. (cont'd) Work made for hire. In order for this claim to be applicable, as the Act explicitly states, the work must have been copyrighted by the employer for whom the work was made for hire. * No provision is made under the literal terms of the Act for the case in which the work was made for hire, but the employer transferred his common-law ~iterary property to a third person before either publication or registra tion as an unpublished work. * When this situation is presented, the Copyright Office will register a renewal claim as "proprietor of copyright in a work made for hire," but will point out that the law makes no specific provision for this situation. More than one author. When more than one author contributed to a work, the renewal claimant need not specify that all of the authors were employed for hire. * If only some of the authors were employed, this fact should appear on the renewal application. * The Copyright Office will accept claims by authors or their beneficiaries and proprietors of copyright in a work made for hire on the same application, pro vided that no patent inconsistency is presented. Joint renewal claimants. When the author is dead and there is more than one person in the class of beneficiaries entitled to renew under the statute, registration by one claimant secures renewal for all those who would have been entitled to claim. [1984]
L 1300-29 1318 1318.01 1318.02 1318.03 1318.04 Joint renewal claimants. (cont'd) Several claimants, same application. When a number of different persons are entitled to claim renewal in the same work, the Copyright Office will accept their claims on a single application or on separate applications. It is not necessary that all possible claimants join in applying for registration in order to secure a renewal. If an application for a work is received after its renewal period has expired, and a renewal claim has already been registered in the name of another claimant, the Copyright Office will correspond and point out that it is too late for the registration of this renewal claim, but that registration has been made in the name of another claimant. Later application, same work. Once a renewal registration has been made, the Copyright Office will generally not accept a duplicate application for renewal registration on behalf of the same renewal claimant. Adverse claims. When an application is received that conflicts with a renewal claim which has already been registered, the Copyright Office will inform the second applicant of the con flicting statements contained in the registered renewal claim, and will request an explanation. The later claim will be registered without further question, if the applicant reasserts it and the claim is not patently invalid. See also Chapter 100: BASIC POLICIES, section 108.06, concerning adverse claims. Adverse claims: conflicts concerning the author and the author's successors. 1) When an earlier claim was registered in the name of an author's next of kin, and a new application is submitted in the name of the executor, the Copyright Office will request information concerning the existence of a will. [1984]
1318 1300-30 Joint renewal claimants. (cont'd) 1318.04 Adverse claims: conflicts concerning the author and the author's successors. (cont/d) 2) When a renewal claim was registered in the name of the author, and the widow (widower) now claims, the Copyright Office will request the date of the author's death. If the date is earlier than that on which the first application was filed, registration will be made without further correspon dence. If the author was living when registration was made in the author's name,the widow's (widower's) claim may also be registered as a doubtful case, despite the principle that renewal rights vest on the date of a valid registration. 1318.05 Adverse claims: conflicts concerning propri etors, authors, and authors' successors. 1) When a renewal claim was registered in the name of an individual author, and a new application is submitted as "proprietor of copyright in a work made for hire," the Copyright Office will request infor mation concerning the circumstances under which the work was written. 2) When a renewal claim was registered in the name of "a proprietor of copyright in a work made for hire," and a new application is submitted in the name of the individual author, the Copyright Office will request information concerning the circumstances under which the work was written. 3) When a renewal claim was registered in the name of one of several authors, and a new renewal application is submitted as "pro prietor of copyright in a work made for hire" without restricting the claim to the work of a particular author or authors, the Copyright Office will ask whether the claim covers the material written by the person [1984J
1318 1318.05 1319 1300-31 Joint renewal claimants. (cont'd) 1319.01 1319.02 Adverse claims: conflicts concerning propri etors, authors, and authors's successors. (cont'd) 3) (cont'd) in whose name registration has already been made. If so, registration will be made if the applicant reasserts the claim. If not, a new application should be submitted con fining the claim to the material written by employees for hire. 4) Where the original claim named an employer in a work made for hire as the author, and a renewal application names an individual author, the Copyright Office will write to the renewal applicant requesting informa tion concerning the circumstances under which the work was written. If the appli cant asserts that the work was not made for hire, the renewal claim will be registered on behalf of the author or the author's statutory heirs. Unacceptable renewal claims. The following general principles and practices govern the acceptability of renewal claims. Personal right. The right to claim renewal copyright is a personal right. Deceased person. A renewal claim cannot be registered in the name of a deceased person. The Copyright Office does not search to determine whether or not the renewal claimant is alive. If, however, the Copyright Office has information that the claimant died before the receipt in the Copyright Office of the renewal application, the Office will refuse to register the claim as submitted. [1984]
1319 1300-32 Unacceptable renewal claims. (cont'd) 1319.03 1319.04 1319.05 1319.06 1319.07 13l9.07(a) Claimant not named, only status given. The renewal right accrues to an indi vidual person or firm, and not to a status. Claims by "the Executor of James Fitzgerald" or lithe executors of the author ll or by "the next of kin of the author" without specifically naming the claimant are not accept able. Claimant fails to qualify. The Copyright Office cannot register a renewal claim unless the basis of claim is one that is acceptable under the statute. If none of the claimants listed in the statute exists or can be identified, registration must be refused. Successors or representatives of claimants. The successors or representatives of a person who would have been entitled to claim renewal if still living, are unacceptable renewal claimants. For example, the executor of the author's widow is an unacceptable renewal claimant. Assignment of renewal interests. Registra tion must be made in the name of the statutory claimant, even though the statutory claimant has assigned all of his or her interests in the renewal term. For example, registration cannot be made in the names of an "assignee," "proprietor," "attorney in fact," or lI owne r per agreement." Extent of claim. A renewal claim in a published work can cover only the material which was first published in that particular version of the work. Later version. The original author of a published work cannot claim renewal in a later version of that work unless that author contributed to the new matter on which copyright in the later version was [1984]
1300-33 1319 1319.07 1319.07(a) 1319.07(b) [1984] Unacceptable renewal claims. (cont'd) Extent of claim. (cont'd) Later version. (cont'd) claimed. For example, where it appears from the record that an author's original composition was published before an arrangement of it by another person, a renewal claim in the arrangement by the author, based on his original composi tion, is unacceptable. Revised published version. Where an author's original unpublished work was first published with an arrangement or other new matter by another person, the author's claim to renewal in the pub lished work may be accepted. [END OF CHAPTER 1300]
Chapter 1400 GROUP REGISTRATIONS This chapter is in preparation. [1984]
Chapter 1500 1501 1502 1503 1503.01 1503.02 1503.03 1504 1504.01 1504.02 1504.03 ~ 1504.04 1504.05 1504.06 1504.07 1504.08 1505 1505.01 1505.02 1505.03 [1984J CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS; SUPPLEMENTARY REGISTRATIONS Outline of Topics Applicability of this chapter. Basic registrations. Means used for correcting and amplifying Copyright Office records. Supplementary registrations. Recordation of documents. Additional basic registrations. Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. Supplementary registrations: corrections. Supplementary registrations: amplifications. Supplementary registrations: correcting or amplifying information in another supple mentary registration. Supplementary registrations: when not appropriate. Supplementary registrations: basic regis tration a prerequisite. Supplementary registrations: time limits. Supplementary registrations: persons entitled to submit application. Supplementary registrations: their effect. Recordation of documents: procedures used for correcting and amplifying Copyright Office records. Recordation of documents: corrections or amplifications of completed registrations. Recordation of documents: correction of error in recorded document. Recordation of documents: effect. - 1
Chapter 1500 CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS: SUPPLEMENTARY REGISTRATIONS outline of Topics - 2 1506 1506.01 1506.02 1507 1507.01 1507.02 1507.03 1507.04 1507.05 1507.06 1507.07 1507.08 1507.09 1507.10 1507.11 1507.12 1507.13 1507.14 1508 1508.01 1508.02 1508.03 1508.04 1508.05 1509 New basic registration: procedures used for correcting and amplifying copyright Office records. New basic registration: time limits. New basic registration: effect. Special situations relating to corrections and amplifications of Copyright Office records. Special situations relating to ownership. Change in name or address of author or claimant. Change of domicile, citizenship, and place of publication. Problems relating to title of work. Problems relating to authorship. Problems relating to nature or extent of authorship. Problems relating to status of work. problems relating to deposits. Problems relating to extent of claim. Problems relating to recorded documents. Examining Division error. Earlier registration not authorized. Problems relating to minor errors. Abandonment of copyright or copyright claim. Completion of Form CA. Completion of Form CA: identification of work. Completion of Form CA: correction space. Completion of Form CA: amplification space. Completion of Form CA: information not con tained in appropriate space. Completion of Form CA: single form sufficient for correction and amplification. Effective date of supplementary registration. [1984]
Chapter 1500 CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS~ SUPPLEMENTARY REGISTRATIONS 1501 Applicability of this chapter. This chapter contains the practices to be followed in cor recting or amplifying Copyright Office records~ these practices are general in nature, and each case should be dealt with on its own merits. Moreover, this chapter does not deal with those errors in the record of a basic registration that the Office itself should have recognized at the time the registration was made~ in such cases the Office will take appropriate measures to rectify its error. See 37 C.F.R. 201.5(a) (2). Nor does this chapter deal with adverse contentions incident to registration. See section 108.06 of Chapter 100: BASIC POLICIES~ see also sections 1318.04 and 1318.05 of Chapter 1300: RENEWAL OF COPYRIGHT. 1502 Basic registrations. Most such corrections and amplifications involve "basic registrations." A "basic registration II means any of the following: (A) a copyright registration made under section 408 of the copyright law~ (B) a renewal regis tration made under section 304 of the copyright law~ (C) a registration of claim to copyright made under the copyright law as it existed before January 1, 1978~ or (D) a renewal regis tration made under the copyright law as it existed before January 1, 1978. See 37 C.F.R. 20l.5(a)(1)(i). Once a basic registration has been made in the Copyright Office for a work, that basic registration will ordinarily stand as the fundamental copyright record on which other, later records relating to the particular work can be built. [1984J
1500-2 1503 1503.01 1503.02 1503.03 1504 1504.01 Means used for correcting and amplifying Copy right Office records •. The follo~in~ means a~e available for correctlng or ampllfylng Copyrlght Office records. Supplementary registrations. A supplemen tary registration to correct certain errors in a copyright registration or to amplify the information given in a copyright regis tration is a special type of copyright registration provided for in the copyright law. See 17 U.S.C. 408(d). One supple mentary registration may correct or amplify information in only one basic registration. Recordation of documents. A document to correct certain errors in a copyright registration or to amplify the information given in a registration may be recorded in the Copyright Office, provided that the requirements for recordation are met. See Chapter 1600: RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PERTAINING TO A COPYRIGHT. Additional basic registrations. Certain kinds of errors may be corrected only by making an additional basic registration. See also sections 1506 and 1507 below. Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. A supplementary registration may be made either to correct or to amplify information given in a basic registration. The appropriate form prescribed by the Copyright Office for a supplementary regis tration is Form CA. Supplementary registrations: corrections. A "correction" is appropriate if the infor mation in the basic registration was incorrect at the time that basic registra tion was made, and the error is not one that the Copyright Office itself should have recognized. See 37 C.F.R. 20l.5(b) (2)(i). [1984]
1500-3 1504 1504.01 1504.02 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (cont'd) Supplementary registrations: corrections. (cont'd) Examples: 1) A basic registration identified someone incorrectly as the author of the work. 2) A work was registered as published when pUblication had not actually taken place. 3) The statement of the extent of the claim is inaccurate. Supplementary registrations: amplifications. An " amplification" is appropriate in order to accomplish the following purposes: 1) To reflect additional information that could have been given, but was omitted, at the time basic registration was made (~.~., a co-author's name was omitted): or 2) To reflect changes in facts, other than those relating to transfer, license, or ownership of rights in the work, that have occurred since the basic registration was made (~.S., a change in the title of the work or a change in an author's or claimant's name): or 3) To clarify information given in the basic registration (~.~., the statement of changes or additions in the version being registered was not sufficiently explicit): or See 37 C.F.R. 20l.5(b)(2)(ii). 4) To have individual titles in a collection indexed separately in the Copyright Office catalogs. [1984]
1500-4 1504 1504.03 1504.04 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (cont1d) Supplementary registrations: correcting or amplifying information in another supple mentary registration. Although a supple mentary registration may be made to correct or amplify the information in any completed basic registration, a supplementary regis tration cannot be made to correct or amplify the information contained in another supple mentary registration. Where a supplementary registration contains an error, a new supplementary registration should be made to correct or amplify the information contained in the basic registration in question. Supplementary registrations: when not appro priate. Supplementary registration is not appropriate: 1) As an amplification to reflect the owner ship, division, allocation, licensing, or transfer of rights in a work, whether at the time the basic registration was made or thereafter (see also section l507.0l(b) below); or 2) To on correct errors in statements or the copies or phonorecords of a notices work; or 3) To reflect changes or; in the content of a work; 4) As or a substitute for renewal registration; 5) To add a renewal claimant; or 6) To change the basis of claim or change the renewal claimant after the renewal period has expired; or 7) As a substitute for recording a or other document pertaining to right ownership. transfer copy See 37 C.F.R. 20l.5(b)(2)(ii), (iii), and ( iv) • [1984]
1500-5 1504 1504.05 1504.06 l504.06(a) l504.06(b) Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (cont'd) Supplementary registrations: basic registration a prerequisite. Supplementary registration can be made only if a basic copyright registration for the same work has already been completed. The application for supplementary registration must clearly identify the registration to be corrected or amplified. See 17 U.S.C. 408(d). Supplementary registrations: time limits. The following are time limits for making a supplementary registration. To correct or amplify a basic original registration. As a general rule, supple mentary registration to correct or amplify an original basic registration may be made at any time. However, for works which were published or registered or both before January 1, 1978, and are still subject to renewal registration, a supplementary registration affecting the original term of copyright can only be made during the first 28-year term. Example: A work is published and registered in 1954. An application for supplementary registration is submitted in 1983 to change the year date of publication to 1955. The application for supplemen tary registration will be refused. To correct a renewal registration. Supplementary registration to correct a renewal claimant or basis of claim in a basic renewal registration may be made only if the application for supplemen tary registration and fee are received in the copyright Office within the statutory time limits for renewal. If the error or omission in a basic renewal [1984]
1504 1504.06 1504.06(b) 1504.07 1504.08 l504.08(a) 1504.08(b) 1500-6 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (contid) Supplementary registrations: time limits. (cont'd) To correct a renewal registra~ion. (cont'd) registration is extremely minor, and does not involve the identity of the renewal claimant or the legal basis of claim, supplementary registration may be made at any time. See 37 C.F.R. 20l.5(b) (2)(iv). Supplementary registrations: persons entitled to submit application. After a basic copyright registration has been completed, any author or other copyright claimant of the work, or the owner of any exclusive right in the work, or the duly authorized agent of any such author, other claimant, or owner, who wishes to correct or amplify the information given in the basic registration for the work may file an application for supplementary registration. See 37 C.F.R. 20l.5(b)(1). Supplementary registrations: their effect. The following are effects of making a supplementary registration. New registration number and certificate. The Copyright Office will assign to a supplementary registration a new regis tration number in the appropriate class, and issue a certificate of supplementary registration under that number. See 37 C.F.R. 20l.5(d)(1). Augmenting basic registration. The information contained in a supplementary registration augments but does not super sede that contained in the basic regis tration. The basic registration will not be expunged or cancelled. See 17 U.S.C. 408(d) and 37 C.F.R. 20l.5(d)(2). [1984]
L 1500-7 1504 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (cont'd) 1504.08 registrations: their effect. 1504.08(c) Cross-referencing. If the person who, or on whose behalf, an application for supplementary registration is submitted is the same as the person identified as the copyright claimant in the basic registra tion, the Copyright Office will place a note referring to the supplementary registration on its records of the basic registration. See 37 C.F.R. 20l.5(b)(1), note 3. The Office will follow the same practice with respect to an application for supplementary registration submitted by the duly authorized agent or successor in interest of the copyright claimant in the basic registration. NOTE: Successors in interest, for this purpose, are those who derive their title from the claimant, as for example, an assignee. 1505 Recordation of documents: procedures used for correcting and amplifying Copyright Office records. In certain cases a document may be recorded either to correct or to amplify information given in a basic registration. Such a document may be recorded at any time. See also Chapter 1600: RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PERTAINING TO A COPYRIGHT. 1505.01 Recordation of documents: corrections or amplifications of completed re~istrations. Ordinarily, when a person who ~s entitled to file an application for supplementary regis tration wishes to correct or amplify a copy right registration, an application for supple mentary registration should be submitted. See section 1504.07 above. However, if an appli cation for supplementary registration is not appropriate, or if the application for supple mentary registration is appropriate but the [1984J
1500-8 1505 1505.01 1505.02 Recordation of documents: procedures used for correcting and amplifying copyright Office records. (contJd) Recordation of documents: corrections or amplifications of completed registrations. (cont'd) sender insists on the recordation of a docu ment, an affidavit or signed statement out lining the error or amplification may be recorded in the Copyright Office. In some instances, recordation of a document supporting the basis for registration of a claim to renewal copyright is required before regis tration can be made. Example: Where a renewal claim is submitted by an author whose name neither appears in the records of the original registration nor in a supplementary registration which has been cross-referenced to the original regis tration and the omission cannot be satis factorily explained, registration of a renewal claim in that author's name will generally be made only if a document supporting the claim of authorship is recorded. Recordation of documents: correction of error in recorded document. Where errors in a document are discovered following recordation, no changes in the completed record can be made, but the sender may adopt one of three alternatives: 1) Submit the corrected document recordation. for 2) Submit a completely recordation. new document for 3) Record an affidavit statement describing previously recorded or other sign the error in the instrument. ed [1984J
1500-9 1505 1505.03 1506 1506.01 1506.02 1507 Recordation of documents: procedures used for correcting and amplifying Copyright Office records. (cont'd) Recordation of documents: effect. Generally, where a supplementary registration is prefer able, but the sender submits a document for recordation, the Copyright Office will corres pond with the sender, pointing out that no annotation will be made on the application for the basic registration. If the sender persists in requesting recordation, the document will be recorded. New basic registration: procedures used for correcting and amplifyin~ Copyright Office records. ordinarily, when an app11cant wishes to correct or amplify a copyright registration, a supplementary registration is suggested. However, in some instances, a supplementary registration is not appropriate, as explained in section 1507 below, and the Copyright Office will suggest that a new basic registration be made. New basic registration: time limits. A new basic original registration may be made, if otherwise appropriate, at any time within the life of the copyright. A new basic renewal registration must generally be made within one year prior to the expiration of the original term of copyright. See Chapter 1300: RENEWAL OF COPYRIGHT. New basic registration: effect. A basic registration generally stands by itself. Where, however, a new basic registration is made to correct an earlier basic registration, the earlier basic registration will be anno tated to reflect the later registration. Special situations relating to corrections and amplifications of Copyright Office records. The following are examples that present problems relating to corrections and amplifications of Copyright Office records. [1984]
1500-10 Special situations relating to corrections and 1507 amplifications of Copyright Office records. (cont'd) 1507.01 Special situations relating to ownership. As explained in section 1504.01 above, a supple mentary registration is generally the appro priate method for either correcting or amplifying the statement of ownership of an earlier registration. However, in some instances, a new basic registration may be acceptable. Example: Where someone other than the author is incorrectly identified as copyright claimant in a registration, another basic registration for the same version may be made by the author in his or her own name as copyright claimant. l507.0l(a) Supplementary registration acceptable: additional authors or claimants. Where the basic original registration was made in the name of one author who is also listed as sole claimant, the Copyright Office will accept an application for supplementary registration from additional authors who now want the record to show their author ship and ownership. However, in such cases a new basic registration may be made if the applicant so desires. l507.0l(b) Supplementary registration not appropriate. As explained in section 1504.04 above, a supplementary registration is not appro priate as an amplification to reflect the ownership, division, allocation, licensing, or transfer of rights in a work, whether at the time basic registration was made or thereafter. Examples: 1) Authors A and B are identified as co-claimants on the basic registration but they wish to reflect an allocation of ownership of 25 percent to A and 75 [1984]
1500-11 1507 Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.01 Special situations relating to ownership. (cont1d) l507.0l(b) Supplementary registration not appropriate. (cont'd) Examples: (cont1d) 1) (cont'd) percent to B. A supplementary regis tration is not acceptable. An appro priate document may be submitted for recordation. 2) A and B are named as co-authors and co-claimants of the words and music to three songs covered by a single unpublished registration. A wishes the records of the Copyright Office to reflect that he was the sole author and claimant of the words and music to two of the songs and that he and Bare co-authors and co-claimants of only the third song. The Office will accept an application for supplementary regis tration to correct the authorship and ownership of the two songs authored by A, and to show that the claim covers only those two songs in the original collection. Also, a new basic regis tration should be made for the song which was co-authored by A and B. lS07.0l(c) Transfer of ownership. Where an appli cation for supplementary registration is submitted to reflect a transfer of copy right ownership, the Copyright Office will refuse registration but will suggest the recordation of the document of transfer. The Office will not make a supplementary registration as a means of reflecting a transfer of ownership. [1984]
1500-12 1507 Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.01 Special situations relating to ownership. (cont'd) l507.0l(d) Supplementary registration requested to correct statement as to rightful claimant. An application for supplementary regis tration may be accepted to correct a statement as to the rightful claimant in an unpublished registration effective on or after January 1, 1978, or a work first published after that date. See also section l507.0l(a) above. NOTE: Thus, where a registration was authorized but the wrong name was given as claimant, the Copyright Office will accept an application for supplementary registra tion. l507.01(e) statutory copyright secured before 1978. Where statutory copyright was secured before 1978, and the allegation is that a different claimant owned the copyright at the time of basic registration, the Copyright Office will refuse an application for supplementary registration. A document conveying rights from the original claimant of record may be recorded. 1507.02 Change in name or address of author or claimant. Where an applicant wishes to correct an error or have the records of the Copyright Office reflect a change in the name or address of the author or claimant in a basic registration, the Copyright Office will accept an application for supplementary registration. If the applicant so requests, the Office will record a document reflecting such correction or change. [1984]
1500-13 1507 1507.02 l507.02(a) 1507.03 S ecial situations relating to corrections and amp11fications of Copyright Office recor s. (cont'd) name or address of author or claimant. Example: The basic registration indicates that Jane Adams is the claimant. An application for supplementary registration is submitted to change the claimant's name to her married name, Jane Adams Morgan. A supplementary application reflecting such a change is appropriate. Change or error in name of corporate entity or other organization. When an applicant wishes to have the records of the Copyright Office reflect a change in the name of a corporate entity or other organization, the Copyright Office will accept an application for supplementary registration, and where it is likely that an official document changing the name exists, the Office may suggest that the document be recorded. Change of domicile, citizenship, and place of publication. Where an applicant wishes to correct an error in the basic registration with respect to the domicile or citizenship of an author or the place of publication of a work, the Copyright Office will generally accept an application for supplementary registration. If, however, the correction would affect the eligibility of the work for u.s. copyright protection, the Office will write and point out to the sender the consequences. If the work was not eligible for u.s. copyright protection on the effective date of the basic registration, that registration will be cancelled. The application for supplementary registration will be filed without action. NOTE: In no case will the acceptance by the Copyright Office of an application for supplementary registration result in the cancellation of a preexisting basic registration, unless the applicant on the supplementary registration is the same as the applicant on the basic registration. [1984]
1500-14 1507 Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.04 Problems relating to title of work. Where an applicant wishes to reflect a change or correction of title or the addition of a sub title in a basic registration, the Copyright Office will accept an application for supple mentary registration. The recordation of a document should not be suggested for the purpose of reflecting a change of title. Nevertheless, the Office will record such a document if the sender insists, after the sender has been notified that no annotation will be made on the application or catalog entries of the basic registration. 1507.05 Problems relating to authorship. Problems relating to authorship include the following. 1507.05(a) Problems relating to authorship: name of author omitted. Where the name of an author was omitted from the application for the basic registration, supplementary registration is appropriate. In those cases where a transfer statement would have been required on the application for the basic registration, if that author's name had been included, a transfer statement will be required on the application for supplementary registration. Where the name of the person being added did not appear anywhere on the records of registration, some documentation confirming that the person is an author may be requested. 1507.05(b) Problems relating to authorship: deletion of name. Where applicant states that the application for basic registration errone ously included a name as author which the applicant wishes to delete, the Copyright Office will accept an application for supplementary registration. In certain instances, the Office may request addi tional supporting statements. [1984]
1500-15 1507 1507.05 l507.05(c) 1507.06 special situations relating to corrections and amplifications of Copyright Office records. (cont1d) Problems relating to authorship. (cont'd) Problems relating to authorship: employment for-hire statement omitted, given in error, or stated erroneously. Where an employ ment-for-hire statement was either omitted, given in error, or stated erroneously, the Copyright Office will accept an application for supplementary registration which should include in appropriate cases a new or corrected transfer statement. Problems relating to nature or extent of authorship. Where an applicant wishes either to correct or to amplify the statement of the nature of authorship on a basic registration, an application for supplementary registration may be submitted. In certain instances, it will be necessary to examine the work either by obtaining the deposited material or by requesting additional material from the applicant or from the collections of the Library of Congress. Examples: 1) The original registration limited the claim to compilation. An application for supple mentary registration is submitted to make "editing" the basis of the claim. If statements on the copy suggest that there is substantial editing, the supplementary claim will be registered. 2) An application for supplementary regis tration is submitted adding a new author whose only contribution is "cover art." Examination of the copy reveals that the artwork on the cover is not registrable. Supplementary registration will be refused. [1984]
1507 1507.07 l507.07(a) l507.07(b) l507.07(c) l507.07(d) 1500-16 Special situations relating to corrections and amplifications of copyright Office records. (cont'd) Problems relating to status of work. The following problems relate to the status of a work. Published work registered as un ublished. ere a pu l1shed work was 1ncorrectly registered as unpublished, a supplementary registration is generally inappropriate, since the deposit requirements will not ordinarily have been met. In such cases, a new basic registration should be made. See also section l507.08(d). Un ublished work re istered as ublished. ere an unpu 1shed work was reg1stered as published, the Copyright Office will accept an application for supplementary registra tion. Incorrect date of creation. Generally, the copyright Office will accept an application for supplementary registration to correct the statement of the date of creation of a work. However, the date of creation given in the supplementary registration must be the same as, or earlier than, the year date of the effective date of the basic regis tration, or if the work is pUblished, the year date must be the same as, or earlier than, the year of first publication. Incorrect date of publication. Generally, the copyright Office will accept an application for supplementary registration to correct the date of pUblication of a work. However, in the case of a work pUblished before January 1, 1978, the Office will refuse to accept an application for supplementary registration correcting the date of publication if, according to the records of the basic registration, the original term of copyright has expired. [1984]
1500-17 1507 Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.07 Problems relating to status of work. (cont'd) l507.07(d} Incorrect date of publication. (cont'd) NOTE: In all cases involving a change in the date of publication, the Examiner must also consider the deposit requirements applicable on the effective date of the basic registration. See section 1507.08 below. l507.07(d}(1} Applicable notice requirements. If the work was published before 1978, the Examiner must also consider the applicable notice requirements. See the provisions of Chapter 4 of Compendium I, including situations where no notice was required, under the Regulations of the Copyright Office then in effect, for certain works first published outside the united states. In the case of works published before 1978, the following practices apply: * If the change in the date of publi cation makes the notice antedated, the application for supplementary registration will be annotated to reflect the date in the notice. The applicant must be notified as to the effect upon the term of copyright. * If the change in the date of publi cation makes the notice postdated by more than one year, supplementary registration will be refused, and the original registration will be cancelled. * If the change in the date of publi cation makes the notice postdated by one year, supplementary regis tration will be made and the applicant will be notified of the doubtful validity of the claim. [1984]
1500-18 1507 Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.07 Problems relating to status of work. (cont'd) l507.07(d) Incorrect date of pUblication. (cont'd) l507.07(d)(1) Applicable notice requirement. (cont'd) NOTE: If the work was published before 1978 without the required notice, supple mentary registration will be refused and the original registration will be cancelled. 1507.08 Problems relating to deposits. Supplementary registration can be used only to correct errors or amplify facts stated in an earlier application for a registration that has been completed. An application for supplementary registration is not appropriate to correct a defect in the deposit, changes in the content of the work, or errors in statements or notices on the copies or phonorecords of the work in question. Also, where a change in the date of publication results in the applicable deposit requirements not being satisfied, a new basic registration would be in order, since an appropriate deposit should be submitted. l507.08(a) New versions. If a work has been changed since registration was made, and if the changes are sufficient to be the basis of a registration, the proper procedure would be to make a basic registration for the revised version to reflect the additions or revisions. l507.08(b) Addenda and errata sheets. Where the applicant voluntarily deposits addenda or errata sheets for published works to be included and/or attached to the deposit copies after registration has been com pleted, such items should be referred with [1984]
1500-19 1507 1507.08 l507.08(b) l507.08(c) l507.08(d) Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) Problems relating to deposits. (cont'd) Addenda and errata sheets. (cont'd) a memorandum of transmittal to the Chief, Acquisitions and processing Division of the Copyright Office. Where the material to be substituted or added to the deposit copy of an unpublished work contains sufficient copyrightable new matter -to support a new registration, the Copyright Office will suggest that a new basic registration be made for the revised version. Addition or correction of copyright notice. Neither a supplementary registration nor a new basic registration is appropriate to reflect the addition or correction of a copyright notice on copies or phonorecords deposited to make an earlier registration. Applicable deposit requirements not met. Where the applicable deposit requirements were not met, a new basic registration is in order. Examples: 1) The basic registration indicates that the work was unpublished; the applicant now states that on the effective date of registration the work was actually published. A new application for a basic registration should be submitted with the required deposit and fee. 2) The basic registration states that the work was first published in 1979. The applicant now asserts that the work was actually first published in 1977. Since copies as first published are required for works first published before 1978, an application for a basic registration [1984]
1500-20 1507 1507.08 l507.08(d) 1507.09 1507.10 Special situations relating to corrections and amplifications of copyright Office records. (cont'd) Problems relating to deposits. (cont'd) Applicable deposit requirements not met. (cont'd) Examples: (cont'd) 2) (cont'd) accompanied by the required deposit should be submitted. If, however, the work was first published without an acceptable copyright notice, the basic registration will be cancelled. 3) A published registration made in 1978 gives the date of pUblication as December 27, 1977. The applicant now states that the work was actually published on November 5, 1978. If the copies or phonorecords deposited in connection with the earlier regis tration were not of the best edition as of the effective date of that regis tration, a new basic registration should be made. If, however, the copies deposited earlier are the best editions as of the date of the first registration, a supplementary regis tration may be made to correct the date of publication. Problems relating to extent of claim. The Copyright Office will accept an application for supplementary registration in order to add, correct, or amplify a statement relating to the extent of claim which was omitted or given in error on the basic registration. Ordinarily, examination of the original deposit will be necessary. Problems relating to recorded documents. A supplementary registration is not appropriate to change the contents of a document previously recorded in the Copyright Office. See section 1505.02 above. [1984]
1500-21 1507 1507.11 1507.12 1507.13 Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) Examining Division error. Where it is dis covered that the record of a basic registration contains an error that the Copyright Office itself should have recognized at the time registration was made, supplementary regis tration is not appropriate. The Office will take measures to rectify its error. See 37 C.F.R. 20l.05(a)(2). Earlier registration not authorized. If an applicant states that an earlier registration was made without the authorization of a person legally entitled to apply for registration, the Copyright Office will suggest that a complete new registration be made by the applicant. No cross reference will be made on either regis tration. See section 108.06 of Chapter 100: BASIC POLICIES. Problems relating to minor errors. An appli cation for supplementary registration that has been filed to correct what may seem to be even extremely minor errors or changes will not be refused. Examples: 1) Title on certificate: SWAN SONG Title on deposit: THE SWAN SONG Title as corrected on Form CA: THE SWAN SONG 2) Title on certificate: IILL LOVE YOU Title on deposit: IILL LOVE YOU Title as changed on Form CA: IILL LOVE YOU ( l"OREVER) [1984]
1508 1500-22 1507 1507.13 1507.14 Special situations relating to corrections and amplifications of Copyright Office records. (cont1d) Problems relating to minor errors. (cont'd) 3) Name on certificate: John Munroe Name on deposit: John D. Munroe Name as amplified on Form CA: John Drummond Munroe 4) Name on certificate: Jonh Francis Bacon Name on deposit: John F. Bacon Name as corrected on Form CA: John Francis Bacon 5) "Material Added" statement on certificate: additional words and music. New matter as amplified on Form CA: words in chorus added and 16 bars of new music. Abandonment of copyright or copyright claim. There is no provision in the copyright statute for abandoning a copyright or copyright claim or any of the rights therein. However, the Copyright Office will record an affidavit or other statement, signed by all of the copyright owners, purporting to abandon the copyright, without expressing any opinion concerning its legal effect. In such cases, the Copyright Office will request the return of the original certificate of registration. Completion of Form CA. The information provided on Form CA should agree exactly with the information as it already appears in the basic registration that has been made for the work. Generally, the Form CA should be compared with the basic regis tration to be corrected or amplified. Completion of Form CA: identification of work. To identify the work, the following infornation should be given: [1984] 1508.01
1508 1500-23 Completion of Form CA. (cont'd) 1508.01 1508.01(a) 1508.01(b) 1508.02 Completion of Form CA: identification of work. (cont'd) 1) The title of the work as it appears in the basic registration, including previous or alternative titles, if they appear; 2) The registration number registration; of the basic 3) The year when the basic registration completed: and was 4) The name or names of the author or authors of the work, and the copyright claimant or claimants in the work, as they appear in the basic registration. See 37 C.F.R. 20l.5(c)(l)(i) to (iv). Minor error. If certain information given on the Form CA is incorrect, and the error is minor, the Copyright Office may correct the error without correspondence. Missing information. If less than all the information requested above in section 1508.01 is given, but sufficient infor mation (more than a title) is given to identify the basic registration with certainty, the Copyright Office will add by annotation the missing information from its records at the appropriate space on the application form. Where the information given on the Form CA is insufficient to identify the basic registration, the Office will communicate with the applicant. Completion of Form CA: correction space. This space should be completed only if the infor mation in the basic registration was incorrect at the time the basic registration was made. The following information should be given: [1984J
1500-24 1508 Completion of Form CA. (cont'd) 1508.02 Completion of Form CA: correction space. (cont'd) 1) The line number and heading or description of the part of the basic registration where the error occurred: 2) A transcription of the erroneous infor mation as it appears in the basic regis tration: 3) A statement of the correct information as it should have appeared: and 4) If applicant so desires, an explanation of the error or its correction. See 37 C.F.R. 20l.05(c)(1)(v). 1508.03 Completion of Form CA: amplification space. ~his space should be completed only for the following reasons: 1) To reflect additional information that could have been given, but was omitted at the time basic registration was made: or 2) To reflect changes in facts, other than those relating to transfer, license, or ownership of rights in the work, that have occurred since the basic registration was made; or 3) To clarify information given in the basic registration. l508.03(a) Amplification space: information required. The following information should also be given: 1) The line number and heading or descrip tion of the part of the basic registra tion where the information to be amplified appears: [1984]
1509 1500-25 1508 1508.03 l508.03(a) 1508.04 1508.05 Completion of Form CA. (cont'd) Completion of Form CA: amplification space. (cont'd) Amplification space: information required. (cont'd) 2) A clear and information succinct statement of the to be added: and 3) If applicant so desires, of the amplification. an explanation See 37 C.F.R. 20l.5(c)(1)(vi). Completion of Form CA: information not con tained in appropriate seace. Where the corrected or amplified 1nformation is not contained in the appropriate space, but appears elsewhere on the application form, the claim will generally be registered without corres pondence. Completion of Form CA: single form suffi cient for correction and amblification. A single Form CA may be used oth to amplify and to correct a particular basic registra tion. Example: A single Form CA may be used to show a change of title and to correct the name of an author. Effective date of supplementary registration. The effective date of a supplementary registration is the date when the Copyright Office receives the required fee and a request for a correction or amplification which reasonably identifies the work. [END OF CHAPTER 1500] [1984]
L 1601 1602 1602.01 1602.02 1603 1603.01 1603.02 1603.03 1603.04 1603.05 L 1604 1604.01 1604.02 1604.03 1605 1605.01 1605.02 1605.03 1605.04 1605.05 1605.06 1605.07 1605.08 1606 1606.01 1606.02 1606.03 [1984] Chapter 1600 RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PERTAINING TO A COPYRIGHT Outline of Topics Applicability of this chapter. statutory provisions relating to transfers and other documents pertaining to a copyright. Execution of transfers of copyright ownership. Recordation of transfers and other documents: con ditions for recordation. Copyright Office policy. General rule. Exceptions. Other documents pertaining to a copyright. Recordation not required. When recordation suggested. The nature of the document. Recordation not a substitute for registration. Relationship between document and copyright unclear. Document apparently submitted in error. Formal sufficiency of document. Instrument in writing. Actual signature. Illegible document. Signature of transferor. Apparent inconsistency. Authority to sign. signature of individual. signatures required on work-for-hire agreements. Identification of parties. Failure to identify necessary parties. Indexing. One-party documents. - 1
Chapter 1600 RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PER TAINING TO A COPYRIGHT Outline of Topics - 2 1607 1607.01 1607.02 1607.03 1607.04 1608 1608.01 1608.02 1609 1609.01 1610 1611 1612 1612.01 1612.02 1612.03 1613 1614 1614.01 1614.02 1614.03 1614.04 1614.05 1614.06 1614.07 1614.08 [1984] Identification of subject of document. Failure to identify work. Titles. No titles given. Outside sources. Transfer documents: words of conveyance. No clear words of conveyance. Intention manifest. Completeness of document. Attachments. Incorporation by reference. Part of a larger document. Other formal requirements. Freedom from obvious errors. Date of execution. Certificate of acknowledgment. Documents to correct or amplify copyright Office records. Recordation. Date of recordation. Indexing. Amendments in document submitted for recordation. Recordable document returned. Recording fees. Separate transfers. Titles. Pages.
Chapter 1600 RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PER TAINING TO A COPYRIGHT Outline of Topics - 3 1615 1615.01 1615.02 1615.03 1615.04 1615.05 1615.06 1615.07 1615.08 1615.09 1615.10 1615.11 1616 Termination of transfers and licenses granted by the author under the extended renewal term. Statutory provision. Advance notice and service. Time limits. Forms. Contents of notice. Signature. Service. Scope of examination. Recordation. Recordation without prejudice. Date of recordation. Termination of transfers and licenses granted by the author on or after January 1, 1978. [1984J
Chapter 1600 RECORDATION OF TRANSFERS ~D OTHER DOCUMENTS PERTAINING TO A COPYRIGHT 1601 Applicability of this chapter. This chapter contains the requirements for the recordation of transfers and other documents pertaining to a copyright under 17 U.S.C. 205, and the termination of transfers and licenses granted by the author covering the extended renewal term under 17 U.S.C. 304(c). The practices concerning the filing or recordation of the following documents are not included either in this chapter or elsewhere in Compendium II, and requirements other than those in this chapter may apply. 1) Notices of Identity and Signal Carriage Complement, and Statement of Account of cable systems. See 17 U.S.C. lll(d) and 37 C.F.R. 201.11 and 201.17. 2) Certain contracts entered into by cable systems located outside of the 48 contiguous States. See 17 U.S.C. lll(e) and 37 C.F.R. 201.12. 3) Original, signed notices of intention to obtain compulsory license to make and distribute phono records of nondramatic musical works. See 17 U.S.C. l15(b) and 37 C.F.R. 201.18. 4) License agreements, and terms and rates of royalty payments, voluntarily negotiated between one or more public broadcasting entities and certain owners of copyright. See 17 U.S.C. 118 and 37 C.F.R. 201.9. 5) Notification of filing and determination of actions. See 17 U.S.C. 508 and Federal Register for June 2, 1978, 43 Fed. Reg. 24151 (1978), as modified in Federal Register for June 19, 1980, 45 Fed. Reg. 41548. 6) Statements regarding the identity of authors of anonymous and pseudonymous works, and statements relating to the death of authors. See 17 U.S.C. 302. 1600-1 [1984]
1600-2 1602 1602.01 1602.02 1603 1603.01 1603.02 Statutory provisions relating to transfers and other documents pertaining to a copyri~ht. The following are the principal statutory prov1sions relating to transfers and other documents pertaining to a copy right. Execution of transfers of copyright ownership. A transfer of copyright ownership, other than by operation of law, is not valid unless an instru ment of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent. 17 U.S.C. 204. Recordation of transfers and other documents: con ditions for recordation. Any transfer of copyright ownership or other document pertaining to a copy right may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document. 17 U.S.C. 205(a). Copyright Office policy. The Copyright Office will generally not attempt to judge the legal sufficiency or interpret the substantive contents of a purported transfer: recordation will be made if the formal requirements have been met. However, a document will be examined to determine whether the requirements for recordation have been met. General rule. If the document purports to be a transfer of a copyright and is signed by the owner of the rights conveyed, the owner's authorized agent, or one entitled to make the transfer, it will be indexed as a "transfer." Exceptions. In exceptional cases, where it seems clear that the recordation of a document will not accomplish what was intended by the person who submitted it, the Copyright Office will in the first instance communicate with that person. If such person reasserts his or her request for recordation, the Copyright Office will record the document. [1984]
1600-3 1603 1603.03 1603.04 1603.05 Copyright Office policy. (cont'd) Other documents pertaining to a copyright. Any other document, including a self-serving declara tion, will be recorded in the Copyright Office, if it pertains to a copyright. A document shall be considered to "pertain to a copyright" if it has a direct or indirect relationship to the existence, scope, duration, or identification of a copyright, or to the ownership, division, allocation, licens ing, transfer, or exercise of rights under a copy right. That relationship may be past, present, future, or potential. See 37 C.F.R. 201.4. Recordation not required. In general, the Copy right Office does not require the recordation of documents. However, in certain cases, recordation of an affidavit or other document may be required as a condition of renewal registration or of anno tation of completed Copyright Office records. Example: Where a renewal claim is submitted by an author whose name appears nowhere in the Copyright Office records in connection with the original registration and the omission of his or her name cannot be satisfactorily explained, regis tration of a renewal claim in that author's name will be made only if a document supporting the claim of authorship is recorded. When recordation suggested. Even though the Copyright Office does not generally require recordation of documents, it may point out the recordation provisions of the law and suggest the desirability of recording an instrument. Example: An application for registration is submitted where a claim in the same work has already been registered in the name of the prior owner of copyright. When the second registration is sought to reflect the change of ownership, the Copyright Office will refuse to make a second registration, but will point out the desir ability of reflecting the change in ownership by recording the instrument of transfer. [1984] L
1604 1600-4 The nature of the document. The document may be questioned by the Copyright Office, unless it perceives some direct or indirect relationship to a copyright. Examples: 1) A bill of sale of a business. 2) A birth or death certificate. 3) A blanket power of attorney. 1604.01 Recordation not a substitute for registration. A document may be recorded even if a claim to copy right in the work to which it refers has not been registered for copyright. However, where it is clear that the applicant is seeking to substitute recordation of a document for registration of a claim, or to assert by recordation a claim for which registration would be refused, recordation of the document will be discouraged. 1604.02 Relationship between document and copyright unclear. Where the relationship between the document to be recorded and copyright is unclear or obscure, recor dation will be delayed and the sender may be asked his or her purpose in submitting the instrument. Examples: 1) A document consisting of a collection of newspaper clippings referring to a night club performer. 2) A bill of lading referring to a shipment of motion picture films. 1604.03 Document apparently submitted in error. Where it seems probable that the document has been submitted to the Copyright Office in error, it may be ques tioned or, in clear cases, returned without recor dation. Example: An assignment of rights in a trademark or patent. [1984]
1605 1600-5 Formal sufficiency of document. In order to be regarded as a "transfer," a document must generally meet the following formal requirements: 1) It must be "an instrument in writing." 2) It must be signed by the owner of the rights con veyed or by such owner's duly authorized agent. 3) It must identify the transferor and transferee. 4) It must contain words of conveyance. 5) It must be complete by its own terms. 1605.01 Instrument in writing. To be recordable, the instrument must be in writing. The Copyright Office does not provide, suggest, or require any special form for the transfer of a copyright or other document pertaining to a copyright. Any type of legible document which meets the other formal requirements will be accepted for recordation, if it contains an individual's actual signature. Examples: 1) Handwritten or typewritten original. 2) Transfer in the form of a letter. 3) Carbon of original. 4) Mimeographed original. 5) Printed original. 1605.02 Actual signature. To be recordable, the document must bear the actual signature or signatures of the person or persons who executed it. Alternatively, the document may be recorded if it is a legible photocopy or other full-size facsimile reproduction of the signed document, accompanied by a sworn certification or an official certification that the reproduction is a true copy of the signed document. Any sworn certification accompanying a reproduction shall be signed by at least one of the persons who [1984]
1600-6 1605 1605.02 1605.02(a) 1605.02(b) 1605.03 Formal sufficiency of document. (cont'd) Actual signature. (cont'd) executed the document, or by an authorized repre sentative of that person. See 17 U.S.C. 205 and 37 C.F.R. 201.4(c)(1). Sworn certification. A "sworn certification" is an affidavit under the official seal of any officer authorized to administer oaths within the United States, or if the original is located outside of the United States, under the official seal of any diplomatic or consular officer of the United States or of a person authorized to administer oaths whose authority is proved by the certificate of such an officer, or a statement in accordance with section 1746 of title 28 of the United States Code. 37 C.F.R. 201.4(a)(3)(i). Official certification. An "official certi fication" is a certification, by the appro priate Government official, that the original of the document is on file in a public office and that the reproduction is a true copy of the original. See 37 C.F.R. 201.4(a)(3)(ii). Examples: 1) Copy of a certificate of corporate merger, bearing the certification of the Secretary of State. 2) Court decree of a person, establishing a change of name certified by the clerk of the court. Illegible document. An illegible document or one which cannot be reproduced legibly on microfilm will not be accepted for recordation. See 37 C.F.R. 201. 04 ( c ) ( 3) • Signature of transferor. As a rule, the document to be recorded should contain the actual handwritten signature of the person executing the document or of such owner's duly authorized agent. See 37 C.F.R. 201.4(c)(1). [1984] 1605.04
1605 1600-7 Formal sufficiency of document. (cont'd) 1605.04 l605.04(a) l605.04(b) l605.04(c) l605.04(d) 1605.05 l605.05(a) Signature of transferor. (cont'd) unsigned document. An unsigned document will be returned for signature before recordation. Two-party instrument. In the case of a two party instrument which on its face calls for the signature of both parties, the lack of the signature of one of the parties will be ques tioned. Multi-party instrument. If a number of transferors are identified in the body of the document, and spaces have been provided for the signatures of all of them, the document will be questioned if any of the signatures is missing, unless an additional copy of the document containing the missing signatures is submitted for recordation at the same time. Each such instrument of transfer is indexed only under the particular signatures it contains. Signature of transferee not required. The signature of the transferee is not a require ment, and the lack of the transferee's signa ture will not be questioned unless the instru ment involves mutual undertakings requiring the transferee's signature for its validity. Apparent inconsistency. When there is an apparent inconsistency between the person named in the body of an instrument as transferor and the person whose signature appears on it, the document is questioned. Corporation or other impersonal legal entity as transferor. If the transferor is a corporation or other impersonal legal entity, the capacity of the individual executing the document on behalf of the transferor should be specified. If, however, the capacity is not shown on the document, the Copyright Office will generally not question the omission. [1984]
1605 1600-8 Formal sufficiency of document. (cont'd) 1605.05 1605.05(b) 1605.05(c) 1605.06 Apparent inconsistency. (cont'd) Document signed by legal representative or attorney-in-fact. If the document has been signed by a legal representative (~.~., executor, administrator, or trustee) or attorney-in-fact of an individual, the document will be questioned unless the individual's capacity is specifically stated. Reconcilable variance between names: indexing. When there is a reconcilable variance between the signature on the document and the name of the transferor appearing in the body of the document, the instrument will generally be indexed under what can be determined to be the fullest form of the legal name. The document will generally not be indexed under the name of an agent or official of a corporation or other impersonal legal entity, although cross references under his or her name may be appro priate in certain cases. Where the document has been signed by a legal representative or attorney-in-fact, it will be indexed under the name of the person whom the signer represents, and cross-references may be made under the name of the signer. Authority to sign. The Copyright Office does not conduct searches in order to determine whether a document has been signed by the owner of the copy right as shown in its records; nor will it question the authority of a particular person to sign as copyright owner. However, if the capacity indi cated in the instrument is not one that would ordinarily entitle the person to bind the organi zation, the Copyright Office will request clari fication before completing the processing of the document. Examples: 1) A document executed on behalf of a publishing company signed by an attorney purporting to represent the company will not be questioned. 2) A transfer of copyright in a musical work executed by the publisher's bookkeeper will be questioned. [1984]
1600-9 1605 1605.06 l605.06(a) l605.06(b) 1605.07 Formal sufficiency of document. (cont'd) Authority to sign. (cont'd) Signer is not copyright owner. In certain cases, where it seems clear from correspondence or other material in the file that the person signing the document is not the copyright owner, the Copyright Office will call the discrepancy to the attention of the sender, but will not refuse to record the document if the sender continues to request recordation. Contribution to a periodical. No question will ordinarily be raised in the case of a transfer of copyright in a contribution to a periodical signed in the name of the periodical rather than that of its publisher. Example: Transfer of copyright in a magazine article is signed in the name of The Saturday Eve ning Post rather than its publisher, Curtis Publishing Company. signature of individual. As a rule, the signature should be the actual handwritten signature of an individual person, and should give the individual's own name rather than that of the person or organi zation he or she may represent. Examples: 1) A pencil signature is acceptable. 2) A hand-printed signature is acceptable. 3) A printed, typewritten, rubber-stamped, or facsimile signature will be questioned. 4) A person's mark is acceptable if accompanied by another person's signature attesting to its authenticity. 5) The signature need not be legible or include the full name of the signer, if the name is sufficiently identified elsewhere in the document: but initials or a monogram will generally not be regarded as a signature. [1984]
1605 1605.08 1606 1600-10 Formal sufficiency of document. (cont'd) 1606.01 signatures required on work-for-hire agreements. The statute defines a work made for hire as a work prepared by an employee within the scope of his or her employment, or a work specially ordered or com missioned for use as a contribution to a collective work, as a part of a motion picture or other audio visual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. See 17 U.S.C. 101. An employment for hire agreement signed by both parties may be recorded in the Copyright Office under 17 U.S.C. 205 as a "document pertaining to a copyright." However, if the agreement is not signed by both parties, the Copyright Office will call this omission to the attention of the sender, but will not refuse to record the document if the sender continues to request recordation. Identification of parties. In general, any document purporting to transfer a copyright or rights under a copyright should clearly identify the transferee as well as the transferor. Failure to identify necessary parties. Documents which fail to identify the necessary parties will be questioned, but recordation will not be refused if, following correspondence, the sender continues to request recordation. Examples: 1) "I, John Doe, do hereby assign all rights, including copyright, in the work entitled HOW TO BURN TOAST." (Transferee not named). 2) " ••• copyright is hereby assigned to Richard Roe, as Executor of the author •••• " (The author not identified by name.) Indexing. When a document which fails to identify the necessary parties is recorded, it will be in dexed only under the names it contains: no indexing will be done under other names furnished in corres pondence or elsewhere. See section 1614.02 below. [1984J 1606.02
1600-11 1606 1606.03 1607 1607.01 1607.02 l607.02(a) Identification of parties. (cont'd) One-party documents. A document which necessarily involves only one party (~.~., an affidavit) will be indexed under the single name involved. Identification of subject of document. Recordation of a document gives all persons constructive notice of the facts stated in the recorded document, but only if both of the following two conditions are met: 1) The document, or material attached to it, speci fically identifies the work to which it pertains so that, after the document is indexed by the Copy right Office, it would be revealed by a reasonable search under the title or registration number of the work: and 2) Registration has been made for the work. See 17 U.S.C. 205(c). Failure to identify work. A document which fails to identify the work will be questioned. Examples: 1) A document containing the statement "I hereby assign my copyright to the ABC Music Co. II 2) " ••• copyright in OPENING CHORUS is hereby assigned •••• " (Reference being to only a part of the work.) 3) If the title or other identification of a work appears to have been inadvertently omitted. Titles. If the material which is the subject of the document is otherwise adequately identified, the document need not contain the title under which the work was registered. Abbreviated title or different title or different descriptive phrase. An abbreviated or entirely different title, or a different descriptive phrase, may be employed. [1984]
1607 1607.02 1608 1600-12 (contld) Identification of subject of document. l607.02(a) l607.02(b) l607.02(c) 1607.03 1607.04 Titles. (contld) Abbreviated title or different title or differ ent descriptive phrase. (contld) Examples: 1) "This Year's Sales Manual" instead of "This Yearls Fabulous Deals." 2) "Style No. l73B" instead of "Field Flowers." Registration number used instead of title. The registration number may be used instead of the title. Blanket transfer. A blanket transfer, in which no individual titles are given, will be recorded without question. Example: "Copyrights in all the published works of John Doe are hereby assigned ••.• " No titles given. When a document in which no titles are specified is recorded, the catalog entry will contain the notation: "No Titles Given. " outside sources. A document will be indexed solely under the titles or other identifying matter it contains: no information from sources outside the document will be supplied. Thus, for example, the Copyright Office will not index titles given only in a covering letter. Transfer documents: words of conveyance. A document purporting to be a transfer should contain words to the effect that copyright ownership is being conveyed. Example: "I, John Doe, do hereby assign, sell, transfer, grant, and convey copyright in II Love You Truly' to the ABC Publishing co . , Inc." [1984]
1600-13 1608 Transfer documents: wo~ds of conveyance. (cont'd) 1608.01 No clear words of conveyance. Where a document purports to be a transfer, but lacks clear words of conveyance, the document will generally be recorded without questioning it. 1608.02 Intention manifest. Where the intention to trans fer the copyright is manifest from a reading of the document as a whole, the fact that the document is in the form of a letter or inexactly or vaguely worded will not preclude its recordation as a transfer. 1609 Completeness of document. In general, a document will not be recorded unless it is complete by its own terms. 1609.01 Attachments. A document that contains a reference to any schedule, appendix, exhibit, addendum, or other material as being attached to the document or made a part of it shall be recordable only if the attachment is also submitted for recordation with the document or if the reference is deleted by the parties to the document. 1609.01(a) Document returned for amendment. If a document has been submitted for recordation and has been returned by the Copyright Office at the request of the sender for deletion of the reference to an attachment, the document will be recorded only if the deletion is signed or initialed by the persons who executed the document or by their authorized representatives. 1609.0l(b) Exceptional cases. In exceptional cases, a document containing a reference to an attach ment will be recorded without the attached material and without deletion of the reference if the sender asserts in writing that all three of the following factors exist and specifically requests that the document be recorded as sub mitted: (1) the attachment is completely un available for recordation; and (2) the attach ment is not essential to identify the subject matter of the document; and (3) it would be impossible or wholly impractical to have the parties to the document sign or initial a [1984]
1600-14 Completeness of document. (cont'd) 1609 1609.01 Attachments. (cont'd) l609.0l(b) Exceptional cases. (cont'd) deletion of the reference. In such cases, the copyright Office record of the ~ocument will ,be annotated to show that recordat1on was made 1n response to a specific request. See 37 C.F.R. 20l.4(c)(2). 1610 Incorporation by reference. When the document sub mitted for recordation merely identifies or incor porates by reference another document, or certain terms of another document, the Copyright Office will raise no question of completeness, and will not require recorda tion of the other document. 37 C.F.R. 20l.4(c)(2)(iii). Example: A document reads in part as follows: IIIn accordance with the terms of mutual undertaking previously } entered into between the parties on January 2, ..J 1978, which is incorporated by reference herewith, John Doe hereby transfers •••• 11 1611 Part of a larger document. If a document otherwise recordable indicates on its face that it is a self contained part of a larger document, e.~., where it is marked IIAttachment All or IIExhibit B, the Copyright Office will raise the question of completeness, but will record the document if the person requesting recordation asserts that the document is sufficiently complete as it stands. See 37 C.F.R. 204(c)(2)(ii). 1612 Other formal requirements. The following are other formal requirements relating to transfers and other documents pertaining to a copyright. 1612.01 Freedom from obvious errors. As a rule no attempt is made to verify the facts stated in the document submitted for recordation: titles, registration numbers, authors, dates, and the like are trans cribed without checking their accuracy. However, when an obvious error of a material nature is recognized in the ordinary examination of the document, the document is returned for correction: [1984]
1600-15 1612 other formal requirements. (cont'd) 1612.01 Freedom from obvious errors. (cont'd) in such cases, the Copyright Office will suggest the desirability of having any changes in the document initialed by all the persons who executed the document. Examples: 1) A document submitted for recordation in a particular year gives a later year as the date of execution. 2) The names of the tranferor and transferee are accidentially reversed. NOTE: Although names and titles will generally be indexed exactly as they appear in the document, where there is a minor typographical error made in the document, the document will be indexed under the correct name or title. Examples: 1) "Great Russiand Short Stories" 2) "Ma.£ame Du Barry" 1612.02 Date of execution. The document to be recorded need not bear a date. However, if it does state a date of execution, this information will be tran scribed on the catalog entry. While 17 U.S.C. 205 provides certain consequences for failure to record a transfer within one month after its execution in the United States or within two months after its execution outside the United States, the Copyright Office will record a document at any time after its execution. 1612.03 Certificate of acknowledgment. A certificate of acknowledgment is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if: 1) In the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States: or [1984J
1600-16 1612 Other formal requirements. (cont'd) 1612.03 Certificate of acknowledgment. (cont'd) 2) In the case of a transfer executed in a foreign country, the certificate is issued by a diplo matic or consular officer of the united States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer, or by a competent foreign authority pursuant to the provisions of the 1961 Hague Convention Abolishing the Require ment of Legalization for Foreign Public Docu ments (~.~., the apostille procedure). See 17 U.S.C. 204(b). 1613 Documents to correct or amplify Copyright Office records. In certain circumstances, recordation of a document is the appropriate means of correcting or amplifying a completed Copyright Office record. However, the Office suggests that an application for supplementary regis tration be submitted in most such cases. Nevertheless, if the sender insists, the Office will in any case j accept for recordation a document giving the pertinent ~ information. For detailed practices in this connec tion, see Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS; SUPPLEMENTARY REGISTRATIONS. 1614 Recordation. In general, the recordation procedure includes initial examination of documents for formal sufficiency, determination of the recording fee, assigning identifying volume and page numbers, microfilming the document, preparing an index entry under the appropriate names and titles, and returning the recorded document with a certificate of record. 1614.01 Date of recordation. The date of recordation is the date upon which the last necessary element (acceptable document and required fee) is received in the Copyright Office. See 37 C.F.R. 201.4. l6l4.0l(a) Document returned for correction. When a docu ment is returned to the sender for correction, the date on which the corrected document is received in the Copyright Office is generally regarded as the date of recordation. [1984]
1600-17 1614 Recordation. (cont'd) 1614.01 1614.01(b) 1614.02 1614.03 1614.04 Date of recordation. (cont'd) Less than entire fee received. When less than the entire fee is received in the Copyright Office, together with the document in record able form, the date of recordation is the date on which the amount of the total required fee is received in the Copyright Office. Example: If a document containing three titles is received in recordable form, together with only the basic fee for recordation of a document, the date of recordation is the date on which the fee covering the addi tional titles is received in the Copyright Office. Indexing. A recorded document is indexed under the names of the parties and the titles listed in the document. The catalog entry contains the date of recordation, the inclusive volume and page numbers assigned to the document, and the following infor mation, if given in the document: the date of execution, the names of the authors, and the regis tration number and year date of registration. Amendments in document submitted for recordation. The Copyright Office will not itself make any changes or corrections in a document submitted for recordation, even when specifically requested or authorized to do so by the sender. Examples: 1) Sender requests Copyright Office year date of execution from "1968" to to change "197 the 8." 2) Sender requests Copyright Office reference to an attachment. to delete Recordable document returned. Even though a docu ment is in order for recordation and is accompanied by the appropriate fee, if the process of recorda tion in the Copyright Office has not been started [1984J
1614 1600-18 Recordation. (cont'd) 1614.04 1614.05 1614.06 Recordable document returned. (cont'd) when a request to return or change the document is received from the sender, the Office may return the document to the sender, suggesting that any change be initialed by the persons who executed it. In such cases, the date the returned document is received in the Copyright Office will be the date of recordation. Example: Document received in the Renewals and Documents Section of the Examining Division, but not yet stamped with volume and page number, may be returned to the sender. Recording fees. For a document consisting of six pages or less covering no more than one title, a basic recording fee is charged. An additional fee is charged for each page over six and each title over one. For the specific amounts, see 17 U.S.C. 708: see also 37 C.F.R. 20l.4(d). Separate transfers. A fee is required for each separate transfer or other document, even if two or more documents appear on the same page. 37 C.F.R. 201.4(d)(1) • Examples: 1) "A" hereby transfers all right, title, and interest in a musical composition to "B," "C," and "D." This is a single transfer for the purpose of computing the recordation fee. 2) On a single page, but in separate paragraphs: "A" hereby transfers a one-third interest in the copyright in a musical composition to "B." "A" hereby transfers a one-third interest in the copyright in the same musical composition to "C." "All hereby transfers a one-third interest in the copyright in the same musical composition to liD." The document is signed once. This is a single transfer for the purpose of computing the recordation fee. [1984]
1600-19 1614 Recordation. (cont'd) 1614.06 Separate transfers. (cont'd) Examples: (cont'd) 3) The same situation as in example 2 above, but the document is dated and signed at each para graph setting out the separate conveyances. This would be regarded as three transfers for the purpose of computing the recordation fee. 4) On a single page: "A" tranfers the copyright to "B" who transfers a portion of that right to "C." This would be regarded as two transfers for the purpose of computing the recordation fee. 1614.07 Titles. Generally, every title listed in a document is counted, but not designations referring to uncopyrightab1e matter. Examples: 1) A trademark consisting of the word "EKSRON." 2) A mechanical patent designated as the Impacting of Crushed Marble." "Process for 1614.07(a) Definition of title. The term "title" for the purpose of computing the fee for recordation generally denotes "appellation" or "denomina tion," rather than "registration," "work," or "copyright." 37 C.F.R. 201.4(d)(2). 1614.07(b) Same title repeated. Where the same title is repeated more than once in the same document, it is counted as only one title, unless the document is too long or complex to make the finding of repetitions feasible. 1614.07(c) Single and multiple titles distinguished. Titles that are repeated are counted as a single "title" for the purpose of computing the fee, even when different registration numbers or dates are indicated. The same is true in the case of various issues, volumes, chapters, installments, etc., even when listed [1984J
1600-20
1614 Recordation. (cont'd)
1614.07 Titles. (cont'd)
l6l4.07{c) single and multiple titles distinguished.
(cont'd)
separately under different numbers and dates,
but they must be listed consecutively in a
series. On the other hand, if the titles are
not listed consecutively in a series, they will
be considered separate titles and separate fees
will be charged.
Examples of one title:
1) "Fan Club News, " vol. 1, no. 3 (June 1981)
"Fan Club News, " vol. 1, no. 4 (July 1981)
"Fan Club News, " vol. 1, no. S (Aug. 1981)
2) "Trapped in the Snack Bar, " Installment I
"Trapped in the Snack Bar, II Installment II
Examples of two titles:
II Sports Monthly, II vol. 1, no. 1 (Jan. 1981)
II Sports Monthly, II vol. 1, no. 2 (Feb. 1981)
"Sports Monthly, II vol. 1, no. 4 (Apr. 1981)
2) liThe Adventures of Cyril, II Installment I
liThe Adventures of Cyril, II Installment IV
l6l4.07{d) Same title repeated with different descriptive
matter. Where the same title is repeated more
than once in the same document, but the repeti
tions are followed by different descriptive
matter, subtitles, names of authors, or the
like, separate fees will be charged.
Examples of two titles:
1) II Rondo II (Massenet)
II Rondoll (Respighi)
2) IIArchitectural Drawing of Union Station
front elevationII
IIArchitectural Drawing of Union Station
side elevationll
3) lIyou Are the Oneil (from Summer Romance)
lIyou Are the Oneil (from Sunny Days)
[1984]
1600-21 1614 1614.07 l6l4.07(e) 1614.07 (f) l6l4.07(g) 1614.08 Recordation. (cont'd) Titles. (cont' d) Alternative titles. Where a work is clearly listed under alternative titles, or where both old and new titles are clearly indicated, separate fees will be charged. Use of the conjunctive II or II will not generally be treated as denoting alternative titles. Example of one title: "How to Get Ahead in Life or Ten Ways to Improve Your Memory" Examples of two titles: 1) "Money Isn't Everything, II also known as "Who Wants to Be Rich?" 2) "Cafe Tales, II formerly known as "Draw Oneil Descriptive subtitle or translation. Even though a work is listed under a title which contains descriptive matter that could be characterized as a subtitle or translation, only one fee will be charged. Examples of one title: 1) liOn the Water (Auf dem Wasser) II 2) "You Are the Oneil (Romantic Song) Additional fees for title indexing. In cases where, under the practice set forth above, only one fee would normally be charged, the Copy right Office will nevertheless index the title variations separately, upon the specific request of the sender and payment of additional fees. pages. In determining the number of pages in a document, each side of a leaf bearing textual matter is regarded as a " pa g e." 37 C.F.R. 20l.4(d)(3). NOTE: A rider is considered a "page. II [1984]
1615
1600-22
Termination of transfers and licenses granted by the
author under the extended renewal term. The following
are the practices and provisions relating to the termi
nation of transfers and licenses granted by the author
under the extended renewal term provided by the current
Act.
1615.01 Statutory provision. In the case of any copyright
subsisting in either its first or renewal term on
January 1, 1978, other than a copyright in a work
made for hire, the exclusive or nonexclusive grant
of a transfer or license of the renewal copyright
or any right under it, executed before January 1,
1978, by the author (or by the successors in
interest of the author, as specified by section
304(a) of the current Act), otherwise than by will,
is subject to termination under the conditions
specified in section 304(c) of the current Act.
1615.02 Advance notice and service. The notice of termina
tion shall be served upon each grantee whose rights
are being terminated, or the grantee's successor in
title, by personal service, or by first-class mail
sent to an address which, after a reasonable investi- J
gation, is found to be the last known address of the ~
grantee or successor in title. 37 C.F.R. 20l.l0(d)(1).
l6l5.02(a) The service provision. The service provision
of section 304{c){4) of the current Act will be
satisfied if, before the notice of termination
is served, a reasonable investigation is made
by the person or persons executing the notice
as to the current ownership of the rights being
terminated, and based on such investigation:
(i) If there is no reason to believe that such
rights have been transferred by the grantee to
a successor in title, the notice is served on
the grantee: or (ii) if there is reason to
believe that such rights have been transferred
by the grantee to a particular successor in
title, the notice is served on such successor
in title. 37 C.F.R. 20l.l0(d)(2).
1615.03 Time limits. Termination of the grant may be
effected at any time during a period of five years
beginning at the end of 56 years from the date
copyright was originally secured, or beginning on
January 1, 1978, whichever is later. See 17 u.s.c.
304(c)(3).
[1984]
1600-23 1615 1615.04 1615.05 1615.05(a) 1615.05(b) 1615.05(c) l615.05(d) 1615.05(e) Termination of transfers and licenses ranted b the author under the extended renewal term. Forms. The Copyright Office does not provide printed forms for the use of persons serving notices of termination. 37 C.F.R. 201.10(a). Contents of notice. A notice of termination must include a clear identification of each of the ele ments listed below. The notice itself must contain a complete and unambiguous statement of facts without incorporation by reference of information in other documents or records. See 37 C.F.R. 20l.10(b). Name of each grantee. The name of each grantee whose rights are being terminated or the grantee's successor in title, and each address at which service of the notice is being made. Title and author. The title of each work and the name of at least one author of, and the date copyright was originally secured in, each work to which the notice of termination applies~ and if possible and practicable, the original copy right registration number. Identification of grant. A brief statement reasonably identifying the grant to which the notice of termination applies. Effective date of termination. The notice shall state the effective date of termination which shall fall within the five-year period specified in section 1615.03 above, and the notice shall be served not less than two or more than ten years before that date. See 17 U.S.C. 304(c)(4)(A). Person or persons who executed the grant. In the case of a termination of a grant executed by a person or persons other than the author, the notice shall contain a listing of the sur viving person or persons who executed the grant. In the case of a termination of a grant execu ted by one or more of the authors of the work where the termination is exercised by the successors of a deceased author, the notice [1984]
1600-24 1615 1615.05 l6l5.05(e) 1615.06 Termination of transfers and licenses ranted b the author under the extended renewal term. Contents of notice. (cont'd) Person or persons who executed the grant. (cont'd) shall contain a listing of the names and rela tionships to that deceased author or all of the following, together with specific indication of the person or persons executing the notice who constitute more than one-half of that author's termination interest: That author's surviving widow or widower: and all of that author's surviving children: and, where any of that author's children are dead, all of the sur viving children of any such deceased child of that author. However, instead of the infor mation required above in this subsection, the notice may contain both of the following: (A) A statement of as much of such information as is currently available to the person or persons signing the notice, with a brief explana tion of the reasons why full information is or may be lacking: together with (B) a statement that, to the best knowledge and belief of the person or persons signing the notice, the notice has been signed by all persons whose signature is necessary to terminate the grant under section 304(c) of title 17, U.S.C., or by their duly authorized agents. See 37 C.F.R. 20l.l0(b)(v). NOTE: The Copyright Office will generally not question whether the interest of the person or persons on whose behalf the notice of termination was executed constitute more than one-half of the author's termination interest. Signature. A notice of termination shall contain the actual signature or a reproduction of the actual signature of the person or persons identi fied in the document as being entitled to exercise the right of termination, or of a duly authorized agent of such person or persons. [1984]
1600-25 1615 1615.06 1615.06(a) 1615.06(b) 1615.06(c) 1615.06(d) Termination of transfers and licenses ranted b author under the extended renewal term. the Signature. (cont'd) Termination of grant executed by someone other than the author. In the case of a termination of a grant executed by a person or persons other than the author, the notice shall be signed by all of the surviving persons who executed the grant, or by their duly authorized agents. See 37 C.F.R. 20l.l0(c)(l). Termination of grant executed by one or more authors. In the case of a termination of a grant executed by one or more authors of the work, the notice as to anyone author's share shall be signed by that author or by his or her duly a~thorized agent. If that author is dead, the notice shall be signed by the number and proportion of the owners of that author's termination interest required under clauses (1) and (2) of section 304(c) of the current Act, or by their duly authorized agents, and shall contain a brief statement of their relationship or relationships to that author. See 37 C.F.R. 20l.l0(c)(2). Termination of grant executed by duly authorized a~ent. Where a signature is by a duly autho r1zed agent, it shall clearly identify the person or persons on whose behalf the agent is acting. 37 C.F.R. 20l.l0(c)(3). Additional requirements. The handwritten signature of each person effecting the termination shall either be accompanied by a statement of the full name and address of that person, typewritten or printed legibly by hand, or shall clearly correspond to such a statement elsewhere in the notice. 37 C.F.R. 20l.l0(c)(4). Service. The notice of termination shall be served upon each grantee whose rights are being terminated, or the grantee's successor in title, by personal service, or by first-class mail sent to an address which, after a reasonable investigation, is found to be the last known address of the grantee or successor in title. 37 C.F.R. 20l.l0(d)(l). [1984] 1615.07
1600-26 1615 1615.08 l6l5.08(a) l6l5.08(b) l6l5.08(c) l6l5.08(d) l6l5.08(e) the author under the extended Scope of examination. As a general rule, the Copy right Office will not attempt to judge or comment on the legal sufficiency of a notice of termina tion. Recordation as a notice of termination will be made if the following formal requirements have been met: Legibility of notice of termination. The notice of termination must be in writing and capable of being reproduced legibly on micro film. Complete by its own terms. The notice of termination must ordinarily be complete by its own terms. The same rules are applicable as those which pertain to missing attachments or exhibits for documents recorded under 17 U.S.C. 205. See section 1609 above. Clear identification of elements. The notice of termination must clearly identify each of the elements specified in section 1615.05 above. Date and manner of service. The document sub mitted for recordation should be accompanied by a statement setting forth the date on which the notice was served and the manner of service, unless such information is contained in the notice. Where such information is not con tained in the notice, and the document is not accompanied by a statement setting forth the date and/or manner of service, the Copyright Office will request that the sender submit a separate statement containing this information. Effective date earlier than date of recorda tion. A notice of termination should include an-effective date of termination that is later than the date of recordation in the Copyright Office. If the document contains either an earlier date or no date of termination, the Copyright Office will suggest that the sender execute and submit for recordation a new docu ment which gives an appropriate date of termination. [1984]
1600-27 1615 1615.08 1615.08 (f) 1615.09 1615.10 1615.11 Termination of transfers and licenses ranted b the author under the extended renewal term. Scope of examination. (cont/d) Persons not entitled to terminate. Where the Copyright Office is aware that the signature appearing on the document is not that of a person entitled to exercise the right of termination or of a duly authorized agent of such person, the Office will suggest that a new document signed by the proper person be executed and submitted for recordation. Recordation. The Copyright Office will not refuse to record a document that fails to meet the requirements set forth in section 1615.08 above, but such document will not be indexed by the Copyright Office as a notice of termination. Recordation without prejudice. Recordation of a notice of termination by the Copyright Office is without prejudice to any party claiming that the legal and formal requirements for issuing a valid notice have not been met. 37 C.F.R. 201.10(f)(4). Date of recordation. A copy of the notice shall be recorded in the Copyright Office before the effec tive date of termination, as a condition to its taking effect. See 17 U.S.C. 304(c)(4)(A). The date of recordation is the date when all of the elements required for recordation, including the prescribed fee and, if required, the statement setting forth the date on which the notice was served and the manner of service, have been received in the Copyright Office. After recor dation, the document, including any accompanying statement, is returned to the sender with a certificate of record. See 37 C.F.R. 201.10 (f) (3). Termination of transfers and licenses granted by the author on or after January 1, 1978. The practices set forth in section 1615 above are restricted to termina tions under the extended renewal term provided in sec tion 304(c) of the current Act. Practices regarding [1984] 1616
1616 1600-28 Termination of transfers and licenses the author on or after January 1, 1978. the parallel statutory provision governing termination of grants executed by the author on or after January 1, 1978, under section 203 of the current Act have not been established yet because the right of termination thereunder cannot be invoked in an appropriate termina tion document until the year 2003 or later. A document that purports to terminate a grant executed on or after January 1, 1978, may be recorded, but such document will not be indexed by the Copyright Office as a notice of termination. [END OF CHAPTER 1600] [1984J
INDEX TO COMPENDIUM II COMPENDIUM OF COPYRIGHT OFFICE PRACTICES Under the Copyright Law Which Became Fully Effective on January I, 1978, Including Title 17 of the United States Code and Amendments Thereto. COPYRIGHT OFFICE THE LIBRARY OF CONGRESS WASHINGTON, D. C. 20559 1984
L INDEX TO THE COMPENDIUM OF COPYRIGHT OFFICE PRACTICES This is an index to the 1984 text of the Compendium of Copyright Office Practices under the copyright law which became fully effective on January 1, 1978, including Title 17 of the United States Code and amendments thereto. This Com pendium is designated as Compendium II. Each term is indexed to the pertinent page or pages of this Compendium where the term is to be found. An earlier Compendium (now called Compendium I) was issued a number of years ago to reflect Copyright Office practices under the Copyright Act of 1909, as amended. Com pendium I has its own index. The present index covers only Compendium II. [1984] L
••••••••••••••••••••••
INDEX TO COMPENDIUM II
- A -
Abandonment of copyright or claim •••••••••
Abbreviated title •••••..••••••.•••••••••••
Abbreviation by which name can
be recognized .
Abbreviation "Copz s "
Abbreviation or alternative
designation .
Abbreviation, variants of ••••••••••••.••••
Abridgment {musical) •••••••••••••••.••••••
Abridgment of sound recordings
as new matter .
Abr idgmen ts .
Abstract art .
Abstract choreography ••••.••••••••.•••••••
Abstract designs •••.••••••••••••••.•••••••
Acceptable statements of nationality,
domicile, and nation of first pub
lication .
Acceptable variants •••••••••••.•••••••••••
Acceptability of currency •••..••••••••••••
Access (unrestricted public) to
copy or phonorecord ••••••.••••••.•••••••
Accompanying music to dramatic
work s .
Accompanying sounds to audiovisual
work s .......•.•...........•..•...•..•...
Accompanying texts {pictorial,
graphic, or sculptural work with) •••••••
Accompanying words to musical works •••••••
Account books .
Accounts {Deposit) ••••••••.•••••••••••••••
- 1
[1984J
Page
1500-22
1600-11
1000-2, 1000-3,
1000-9, 1000-11,
1000-15
1000-2, 1000-4,
1000-5
1000-11
1000-4, 1000-11
400-11
400-44
300-7
500-2
400-18
500-13
1100-13
1000-4, 1000-5,
1000-6
700-9
900-4
700-3
700-3
1000-2, 1000-7
700-3
200-3, 300-2,
500-18
700-9, 1200-12
INDEX TO COMPENDIUM II
- 2
Acknowledgment, certificate of .•••••••••••
Acquisitions and processing Division,
copyright Office, Chief of ••••••••••••••
Acquisitions and processing Division,
Deposit and Acquisitions Section of •.•••
Act (a work) •••••••••••••••••.•..•••••• •••
Act of 1909, importation under •.•.•••.••••
Act of 1909, manufacturing clause of ••••••
Acting version of play •••.••••••••••••••••
Action (plan of) or concept •••••••••••••••
Actions (court), notification of filing
and determination of •••••••••••••
Actual receipt, date of •••••••••••••••••••
Actual signature of individual ••••••••••••
Ad interim copyright ••••••••••.••••••••.••
Ad interim term of five years •••••••••••••
Adaptation {musical) •.••••••••••••••••••••
Addenda and errata sheets •••••••••••••••••
Addendum to document •••••.•••••••••.••••••
Addition of missing information by
annotation .
Addition of music as derivative work ..••••
Addition of subtitle ..•.••.•••••••••••••••
Addition or correction of copyright
notice .
Additional authors or claimants •••••••••.•
Additional basic registrations •••••••••.••
Additional fees for title indexing .•••••••
Additional 500 copies, importation of •••••
Additional information previously
omitted .
Additional material (unpublished works) •••
Additional names in notice .•••••••••••••••
Additional recorded material in sound
recordings .
Additions (nonchoreographic) to
choreographic work •••••••••••••.••••••••
1600-15
800-43, 800-44,
1500-19
800-39
900-6
1200-9
1200-1
1200-4
500-18
1600-1
1300-5
1600-5
1200-1, 1200-2,
1200-3, 1200-9,
1300-12, 1300-13,
1300-14, 1300-15
1200-2
400-10
1500-18
1600-13
1500-23
400-11
1500-14
1500-19
1500-10
1500-2
1600-21
1200-9
1500-3
800-4
1000-12
400-41
400-21
[1984]
INDEX TO COMPENDIUM II - 3 Address and full name typewritten or printed legibly .••••••••••.••••••••••••• Address and name of copyright claimant •••• Addre s s book •••••.••••••••••.••••.•.•••.•• Address (last known) of grantee or successor in title •••••••••••••••••••••• Address or name of author or claimant, error in . Addresses ••••••••••••••••••••••••••••••••• Administrative classes, authority of Register of Copyrights to specify ••••••• Administrative classification of works •.••• Administrative notice of matters of general knowledge •••••••••••••.••••••••• Administrative purposes only, classi fication for . Administrative rulings ••••••••••.••••••••• Administrator . Administrator cum testamento annexo ••••••• Administrator de bonis non cum testamento annexo (d.b.n.c.t.a.) •••••••• Administratrix. See Administrator. Adopted children.~•••••••••••••••••••••• Advance notice of termination and service . Adverse claims . Adverse renewal claims ••••••••••••••••••.• Advertisements . Advertising copy •••••••••••••••••••••••••• Advertising matter in periodicals .•••••••• Aesthetic appeal or commercial value •••••• Aesthetic merit . Aesthetic merit of work ••••••••••.•••••••• Aesthetic merit of works of art ••••••••••• Affidavi t . [1984J 1600-25 700-1 200-3, 300-2 1600-22, 1600-25 1500-12 800-5 800-2 700-1 100-5 700-7 200-8, 300-5 1300-19 1300-21 1300-21 1300-17 1600-22 100-5 1300-29 500-1, 500-13, 700-3 700-2 300-10 500-3 200-1, 500-3, 500-5 200-1 500-2, 500-12, 500-13 1300-2, 1300-3, 1300-7, 1300-8
INDEX TO COMPENDIUM II - 4 Affidavit or signed statement, recor dation of ···················· Affidavit (Renewal) for U.C.C. Work •••••• Affixation and position of notice •.••••.•• Affixation (improper) of notice ••••••••••. Agencies (specialized) of united Nations . Agency or subdivision (governmental) ••..•. Agent (duly authorized) ••••••••••••••••••. Agent (duly authorized) of renewal claimant . Agent (duly authorized) or successor in interest . Agent (duly authorized) termination of grant by . Agent (United states) ••••••••••••••••••.•• Agents as applicants ••••••••.••••••••••••• Agreement (Motion picture) •••••••••••••••• Agreement (Motion picture) termination of . Agreement of employment for hire •••••••.•• Agreement (Supplemental property) ••••••••• Agreements (license) and royalty pay ments voluntarily negotiated •••••••••••• Agreements (work-for-hire), signatures requi red on . Algor i thm . "All Rights Reserved" ••••••••••••••••••••• Allegiance (permanent) ••••.••••••••.•••••• Allocation of ownership ••••••••••••••••••• Alternative designation •.•..•.••.•..•••••• Alternative forms of publication •••••••••• Alternative position of notice on contributions to collective works .•••••• Alternative titles ••••••.••••••••••••••••• Alternative titles of work •••••••••••••••• 1500-8 1300-7 1000-16 1000-17 1100-6 1100-3 100-8, 100-9, 1200-10, 1200-12, 1300-8, 1500-7, 1600-2, 1600-5, 1600-6, 1600-24. 1600-25, 1600-27 1300-8 1500-7 1600-25 800-39 100-9 400-31, 800-39ff. 800-42 1300-27 800-42 1600-1 1600-10 300-27 1000-5 1100-2 1500-10 1000-2, 1000-3, 1000-9, 1000-11, 1000-15 900-5 1000-20 1600-21 700-1 [1984J
INDEX TO COMPENDIUM II - 5 Ambiguity or error on renewal appli cation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ambiguity (patent), error, or ami s s ion . Ambiguous terms relating to sound recordings subject to question •••••••••• Amendment after deadline •••.••.••••••••.•• Amendment, document returned for ••.••••••• Amendments in document submitted for recordation . .AJnerican Samoa . American States, Organization of •••••••••• Amount of dramatic content required ••••••• Amounts of $5 or less, refunds of •••••••.• Amounts of less than $1, refunds of ••••••• Amplification and correction on Form CA, single form sufficient for •••••••••• Amplification of information in registration . Amplification or correction of Copy right Office records by recordation of document . Amplification space on Form CA ..•••••••••• Amplification (supplementary regis trations} . Amplifications and corrections of Copyright Office records •.•••••.•••••••• Amplifications or corrections by recordation . Amplifying or correcting information in another supplementary registra tion . Anatomical models •••.••••••.•••••••••.•.•• Ancillary executor ••••••••.••••••••••••••• Annotation, addition of missing infor mation by . Annotation (Copyright Office) •.••••••••••• Annotation of application •••••.••••••••••• Annotation of earlier basic regis tration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annotation of renewal application ••••••••• [1984] 1300-10 1300-6 400-44 1300-4 1600-13 1600-17 1100-4 1100-6 400-15 700-8 700-8 1500-25 700-4 1600-16 1500-24 1500-3 1500-lff. 1500-7 1500-4 500-17 1300-18 1500-23 1300-4 800-44, 1000-4, 1000-7, 1000-8 1500-9 1300-4, 1300-6, 1300-13, 1300-16
INDEX TO COMPENDIUM II - 6 Annotation on application or catalog entries of basic registration ••••••••••• Annotation, recordation as condition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annotation when special relief granted . Annuals ·········· . Anonymous and pseudonymous works, copyright term of ••••••••.••.•..•...... · Anonymous and pseudonymous works, duration of copyright for .••.•.......... Anonymous and pseudonymous works, eligibility of .•.•••.•.••....••...•.•.•. Anonymous and pseudonymous works, statements regarding identity of authors of . Anonymous author, nationality or domicile of . Anonymous or pseudonymous, work other than . Answer material and published tests ••••••• Answer material for tests ••••..••...•.•... Antedated notice •.•••••••..•••••••••••••.• Anthology . Apostille procedure for certification ••••• Apparel (wearing} ••••••••••••••••••••••••• Apparent inconsistency of document •••••••• Appeal (aesthetic) or commerical value................................... Appearance (incomplete) of deposited copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Appearance of copy or phonorecord deposited . Appellation of work as title .••••••••••••• Appendix (Best Edition Statement} •••.••..• Appendix to document •.•••.•••••••••••••.•• Appliances (household} ••••••••.••.••.••••• Applicable deposit requirements not met . Applicable notice requirements for supplementary registration ••.••.•..••..• 1500-14 1600-3 800-44 700-3 900-8 1000-4 1100-11 1600-1 700-1 700-1 800-28 300-12 1000-7, 1000-14, 1300-3, 1300-6, 1500-17 1000-2 1600-16 800-32 1600-7 500-3 900-12 900-2 1600-19 800-46 1600-13 500-11 1500-19 1500-17 [1984J
INDEX TO COMPENDIUM II - 7 Applicant (statement of), information at variance with •••••••••••••••••••••••• Application, annotation of •••••••••••••••• Application (basic) forms ••••••••••••••••• Application (certified) ••••••••••••••••••• Application (duplicate) for renewal ••••••• Application for renewal (late) •••••••••••• Application for supplementary registration . Application for supplementary registration, person entitled to s ubmit .............................•. Application form for computer program . Application form inappropriate •.•••••••••• Application form, most appropriate •••••••• Application form prescribed by Register of Copyrights •••••••••••••••••• Application forms •••••••••••••••.••••••••• Application forms, legibility of •••••••••• Application forms, quality of ••••••••••••• Application forms, repetitive information on . Application, name as claimant on •••••••••• Application, no date of publication given in . Application or catalog entries of basic registation, annotation on •••••••• Application received after renewal year . Application received before renewal year . Application (renewal) ••••••••.•••••••••••• Application (renewal), annotation of . Application (renewal), error or ambiguity on . Application (single renewal) for two editions . Applications and fees ••••••.•••••••••••••• Applications, carbon copies of •••••••••••• [1984] 900-2 800-44, 1000-4, 1000-7, 1000-8 700-2 700-5 1300-29 1300-13 1300-16 1500-6 300-23ff. 700-7 700-5 700-1 700-1 700-5 700-5 700-5 1000-10 900-11 1500-14 1300-6 1300-6 700-4 1300-4, 1300-6, 1300-13, 1300-16 1300-10 1300-12 700-lff. 700-5
INDEX TO COMPENDIUM II - 8 Applications completed in pencil •••••••••• Applications (illegible) •••••••••••••••••• Applications (inaccurate) ••••••••••••••••• Applica tions (incomplete) ••••••••••••••••• Applications (informal) for renewal ••••••• Applications (separate renewal) ••••••••••• Applicants for registration ••••••••••••••• Applied art . Applied art, works of ••••••••••••••••••••• Appropriate application form •••••••••••••• Approximate date of first publication ••••• Arabic numerals . Architectural blueprints •••••••••••••••••• Architectural drawings •••••••••••••••••••• Architectural models •••••••••••••.•.•••••• Archival quality standards •••••••••••••••• Archival record of deposit •••••••••••••••• Areas (territorial) of the united States . Arrangement of compilations ••••••••••••••• Arrangement or disposition of persons, scenery, or other subjects depicted in phototograph •••••••••••••••••.••••••• Arrangements (musical) •••••••••••••••••••• Arrangements (musical) made under compul sory license •••••••••••••••••••••• Arrangers . Ar row ....................................• Art (abstract) . Art (applied) . Art (f i ne) . Art (fine), works of •••••••••••••••••••••• Art (naturalistic) •••••••••••••••••••••••• Art (representational) ••••••••••.••••••••• Art reproductions ••••••••••••••••••••••••• Art reproductions as derivative works ••.•• Art (stylized) ••••••••••••••.••••••••••••• Art, works of . Article (useful) •••••••••••••••••••••••••• Article (useful), label not considered •••• Articles (two and three-dimensional useful) . 700-5 700-5 700-5 700-5 1300-2 1300-13 100-8 500-1 700-3 700-5 900-8 1000-7 500-17, 800-4 500-1, 500-17 500-17 400-32, 700-5, 800-9, 800-39, 800-41, 800-42 300-12 1100-11, 1200-6 300-8 500-15 400-8 400-5 1300-16 500-3, 500-9 500-2 500-1 500-1 700-3 500-2 500-2 500-1, 700-3 500-14 500-2 500-1 500-11 1000-7 500-1 [1984J
INDEX TO COMPENDIUM II - 9 Articles (useful) .•.••••.••••••••••••••••• Articles (useful), separability test for . Articles (useful three-dimensional) ••••••. Artistic craftsmanship, three-dimensional works of . Artistic craftsmanship, works of •••••••••• Artistic features ••••••.•••••••••••••••••• Artistic merit and style •••••••••••••••••• Artistic work (preexisting) ••••••••••••••• Arts (applied), works of •••••••••••••••••• Arts (performing), works of the ••••••••••• Arts (visual), works of the ••••••••••••••• "As a Whole" criterion used to judge derivative musical work ••••••••••••••••• Assembler . Assembly language ••••••••••••••••••••••••• Assignee . Assignment of renewal interests ••••••••••• Assistant Librarian of Congress for Copyright Services .••••••••••••••••..••• Assumed name in notice •••••••••••••••••••• Astronomical charts •••••••.••••••••••••••• Atlases (terrestrial) •••••••••.••••••••••• Attached material not essential to recorded document .•••••••••••••••••••••• Attached material unavailable for recordation . Attachments to document ••••.•••••••••••••• Attesting authenticity of person's mark .....•......................•...•..• Attorney-in-fact •••••••••••••••••••••••••• Attorney-in-fact, bond signed by •••••••••• Attorney-in-fact for depositor •••••••••••• Attorney-in-fact or legal repre sentative . Attorneys as applicants ••••••••.•••••••••• Audible defects (motion pictures) ••••••••• Audience, direct or indirect perfor mance before . Audience presentation not required for registration of choreography •••••••• Audio cassette accompanying filmstrip ••••• [1984] Page 1000-2, 1000-7 500-11 800-12 500-9 500-1 500-12 500-2 500-14 700-3 700-3 700-3 400-11 300-16, 300-27 300-27 1300-32 1300-32 100-1 1000-12 500-17 500-16 1600-13 1600-13 1600-13 1600-9 1300-32 800-40 800-40 1600-8 100-9 800-8, 800-36, 800-37 700-3 400-18 700-3
INDEX TO COMPENDIUM II - 10 Audio tapes . Audiovisual multimedia works •••••••••••••• Audiovisual work, aurally perceptible authorship of . Audiovisual work, motion picture as ••••••• Audiovisual work, nonsequential showing of individual images of ••••••••••••••••• Audiovisual work published in filmstrip edition and set of slides ••••••••••••••• Audiovisual work, recorded sounds accompanying . Audiovisual work, sounds accompanying ••••• Audiovisual work, to make audible sounds accompanying •••..••••••••.••••••• Audiovisual work (untitled) of sixty seconds or less . Audiovisual work, visually perceptible authorship of . Audiovisual work with accompanying sounds and sound recording distin guished . Audiovisual works ••••••••••••••••.•••••••• Audiovisual works (derivative) •••••••••••• Audiovisual works, forms of embodiment . Audiovisual works, notice on ••.••••••••••• Aurally perceptible authorship (audiovisual work) •••••••••••••••••••••• Authenticity of person's mark attested . Author and title of each work ••••••••••••• Author (anonymous), nationality or domicile of . "Author" as meaning individual person and not employer ...........•............ Author, citizenship of ••••••••••.••.••••.• Author (deceased), estate of ••••••••••.••• Author, definition of •..••••••••••.••.•••• Author, deletion of name of •••••••••••••.• Author, domicile of •••••••••••••••••••••.• Author domiciled outside United States . 400-35 400-46 400-24 400-23 900-6 800-9 1000-1 400-23 900-6 1000-21 400-24 400-33 400-22ff., 700-3, 800-5, 800-12 400-24 400-24 1000-21 400-24 1600-9 1600-23 700-1 1300-11 1300-8 1300-19 1100-1 1500-14 1300-8 1200-7 [1984J
INDEX TO COMPENDIUM II - 11 Author (employer of) not U.s. national or domiciliary .•........................ Author having more than one nationality, nationality or domicile of •••••••••••••• Author (intestate) •••••••••••••••••••••••• Author, legatees of ••••••••••••••••••••••. Author not U.S. national or domiciliary . Author of motion picture, employer as ••••• Author, omission of name of ••••••••••••••• Author or claimant, error in name or address of . Author (pseudonymous), nationality or domicile of . "Author" (renewal) defined •••••••••••••••• Author (stateless) •••••••••••••••••••••••• Author still living ••••••••••••••••••••••• Author, termination of grant executed by someone other than the ••••••••••.•••• Author, termination of transfers and licenses granted in 1978 or there after by . Author, termination of transfers and licenses granted under extended renewal terms by ••••.••••••••••••••••••• Author who predeceases creation of work . Authority of copyright owner •••••••••••••• Authority of Register of Copyrights to specify administrative classes ••••••• Authority (sovereign) of a foreign nation . Authority (sovereign) of a foreign nation, definition of .•••••••••••••••••• Authori ty to sign ••••••••••••••••••••••••• Authorization by copyright owner •••••••••• Authorized (duly) agent ••••••••••••••••••• 1200-8 1100-9 1300-19 1300-18 1200-7 400-28 1500-14 1500-12 700-1 1300-16 1100-11 1300-15 1600-25 1600-27 1600-22 300-14 1000-1, 1000-7, 1000-13, 1000-15 800-2 1100-3, 1100-5 1100-3 1600-8 900-1 100-8, 100-9, 1200-10, 1200-12, 1300-8, 1500-7, 1600-2, 1600-5, 1600-6, 1600-24, 1600-25, 1600-27 [1984]
INDEX TO COMPENDIUM II - 12 Authorized (duly) agent of renewal claimant . Authorized (duly) agent, termination of grant executed by •••••••••••••••••••• Authors and their successors •••••••••••••• Authors (deceas~): dates of death •••••••• Authors (multiple), nationality or domici Le of . Author's name omitted in records of original registration ••••••••••••••••••• Authors of anonymous and pseudonymous works, statements regarding identity of •••••••••••••••••••••••••••••••••••••• Authors (one or more), termination of grant executed by ••••••••••••••••••••••• Authors or claimants (additional) ••••••••• Authors, statements relating to death of . Author's will . Authorship . Authorship, change in statement of nature or extent of ••••.•••••••••••••••• Authorship, cinematographic ••••••••••••••• Authorship claimed, nature of ••••••••••••• Authorship, classification involving two or more categories of •••••••.••••••• Authorship, human origin essential to •••.• Authorship in compilation of sound recordings . Authorship in form of copyrightable sound engineering ••••••••••••••••••••••• Authorship (joint) and common design •••••• Authorship (joint) reflecting common design indistinguishably merged into single entity •.......••.••.•............ Authorship (non-human) •••••••••••••••••••• Authorship of holography •••••••••••••••••• Authorship of performer of sound recording . Authorship (photographic) ••••••••.•••••••• Authorship of producer of sound recording . Authorship (reproduction) not regis trable . Page 1300-8 1600-25 1300-15 700-1 1100-9 1300-15 1600-1 1600-25 1500-10 1600-1 1300-18 200-1 1500-15 400-26 700-5 700-6 200-2, 500-8 400-44 400-38 1300-24 1300-24 500-8 500-16 400-38 500-15 400-38 500-15 [1984]
INDEX TO COMPENDIUM II - 13 Authorship (separately registrable works of) fixed in film, videotape, or the like. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorship (sound recording), use of Form SR obligatory for •••••••••••••••••• Authorship of sound recordings, types of copyrightable •••••••••••••••••••••••• Automated data bases •••••••••••••••••••••• Automatic extension of copyright •••••••••• Automobiles . Averment that U.s. copyright subsists ••••• - B - Back cover of book •••••••••••••••••••••••• Backing of copies ••••••••••••••••••••••••• Balance . Balancing . Ballet . Bank checks ••••.•.••••••••••.••••.•••....• Bank draft payable in U.s. dollars •••••••• Bank draft, payment by •••••••••••••••••••• Bases (automated data) •••••••••••••••••••• Bases (data) ••••••.••••••••••••••••••.•••• BAS Ie ••••••••••••••••••••••••••••••••••••• Basic application forms •••••••••••.••••••• Basic (new) registration •••••••••••••••••• Basic Policies ..........•.........•.....•. Basic registration ••••••••••••••••••.••••• Basic registration a prerequisite ••••••••• Basic registration, annotation on application or catalog entries of ••••••• Basic registration, cancellation of ••••••• Basic registration, changes in facts occurring since ••••••••••••••••••••••••• Basic registration (earlier), anno tation of . Basic registration, effect of supple mentary registration upon ••••••••••••••• [1984] 800-38 700-7 400-37 300-35, 800-34 1300-1 500-11 1300-8 1000-17 1000-22 400-46 400-46 400-19, 400-20 200-3, 300-2 700-9 700-8 800-34 700-2 300-16, 300-27 700-2 1500-9, 1500-10, 1500-11, 1500-16, 1500-18, 1500-19, 1500-20 100-lff. 1200-10 1500-5 1500-14 1500-13, 1500-20 1500-3 1500-9 1600-6
INDEX TO COMPENDIUM II - 14 Basic registration for new or revised version . Basic registrations •••••••••••.••• ••·••••• Basic registrations (additional) •••••••••• Basic renewal registration (new) •••••••••• Basis (conceptual) for separability te st . Basis of renewal of contributions, first publication as ••••••••• ••••••••••• Basic (physical) for separability te st . Benesch Choreology ••••••••••••• ••••••••••• Best Edition (graphic matter other than motion pictures) ••••••••••••••••••• Best Edition (microforms) ••••••••••••••••• Best Edition (motion pictures) •••••••••••• Best Edition (musical compositions) ••••••• "Best edition" of motion picture •••••••••• "Best edition" of published copyrighted works . "Best Edition" of Published copyrighted Works for the Collections of the Library of Congress ••••••••••••••.••••.• Best Edition (phonorecords) ••••••••••••••• Best Edition (photographs) •••••••••••••••• Best Edition (printed textual matter) ••••• "Best edition" requirement, exceptions to . Best Edition (works existing in more than one medium) •••••••••••••••.•••••••• Bilateral relations •••••••••••••.••••••••• Billboards . Binary coding . Binding (printing and) •••••••••••••••••••• Bird calls . Blank forms . Blanket transfer •••••••••••••••••••••••••• Blind, copies in raised characters for the use of the •••••••••••••••••••••• Blood relatives .........•.•.......•••••... Blueprints (architectural) •••••.•••••••••• Boa t s ••••••••••••••••••••••••••••••••••••• [1984J Pa~ 1500-18 1500-1 1500-2 1500-9 500-11 1300-9 500-12 400-20 800-48 800-50 800-48 800-49 400-30, 800-48 800-8, 800-46 800-49 800-47 800-47 800-10 800-50 1100-8, 500-13 300-16 1200-9 400-39 200-3, 500-18 1600-12 1200-9 1300-19 500-17, 500-11 ~ 800-46, 800-46 J 1100-14 300-2, 800-4
INDEX TO COMPENDIUM II - 15 Body (corporate), renewal by •••••••••••••• Bond signed by attorney-in-fact ••.•••••••. Book and music (dramatico-musical work) .............................•..... Book cover, front or back of •••.••••.••••• Book des ign . Book design, format, or layout ••••••••.••• Book form (works published in), position of notice on ••••••••..••••••••• Book jackets . See also Dust jackets. Book or periodical (English-language) ••••• Booklet and cassette tape, classifi cation of . Books ••••••••••••••••••••••..••••••••.•••• Books (account) ..................•.•...... Books and periodicals (English-language first published abroad) ••••.••••••.••••• Books (method) •.••••.•.•.••••••••.••••.••• Books (music method) •••••.•••..••••••••••• Books, notice on dust jacket on •••••.•.••• Brief descriptions or explanations •••.•••• Broadcaster . Buenos Aires Convention of 1910 ••.•••••••• Bug ••••••••••••••••••••••••••••••••••••••• Business, corporation doing ••••••••••••••• Business office in united States ••••...••• Business operations or procedures •••••.••• - C - Cable systems, certain contracts entered into by . Cable systems (Statement of Account) •.•••• Calendar (Gregorian) •.•••••••••••••••••••• Calendar year, end of •.••.•••••••••••••••• Calendr ical systems (other) ••.•.•.•••••.•• [1984] 1300-25 800-40 400-17 1000-17 300-3 200-4, 300-3 1000-17 300-11 1200-3 700-7 200-3, 200-4, 300-1, 300-2, 300-8, 1000-1, 1000-24, 1300-12 500-18 1300-12 400-12 400-12 1000-24 1200-5 1000-21 1100-6, 1100-7 300-27 1100-10 800-39 500-189 1600-1 1600-1 900-11 1300-1, 1300-2, 1300-3, 1300-4, 1300-13 900-11
INDEX TO COMPENDIUM II - 16 Calibrated forms for use in conjunction with machine or device ••••••••••••.••••• Calibrations and their arrangement .••••••• Calligraphy . Camera angle . Canada .•••••••.•••••••••.••••••••••••••••• Canada, manufacture in •••••••••••••••••••• Canada, printed or reprinted in ••••••••••• Cancellation (notations of) in original record of registration ••••••.•• Cancellation of basic registration •••••••• Cancellation of registration for dishonored check ••••••••.••••.•••••••••• Captions . Carbon copies of applications •••••••.••••• Card Catalog, Copyright ••.••••.••••••••••• Cards (greeting) •••••••••••.••••••••••••.• Card s (punched) •••••.••••.••••••••.•••••.• Carpeting . Cartographic features •••.•••••••.••••••••• cartographic material (uncopyrightable) ••• cartographic representations of area •••••. Cartoon (pictorial) published weekly magazine Cartridge in . . Cartr idges . carving (sculptural) •••••••.•..•••••.••••• Carvings . Cassette . Casse~te (audio) accompanying film s t r Lp ••••••••••••••••••••••••••••••••••• Cassettes . casting (sculptural) ••••••••.••••••••••.•• Catalog Card Number (Library of Congress), year date in ••.•••••••.•.•••• Catalog entries of basic registration, annotation on ........•.................. Catalogs . 500-18 500-18 500-4 500-15 1200-1, 1200-3, 1200-8, 1200-9, 1200-13 1200-8 1200-8 700-10 1500-13, 1500-20 700-10 1200-5 700-5 100-3 1000-2, 1000-7 300-15, 800-33, 1000-20 800-30 500-16 500-17 500-16, 800-4, 800-12 700-6 300-27, 400-47, 1000-24 1000-2 500-2, 500-9 800-11 300-28, 400-47, 1000-24 700-3 1000-2 500-2, 500-9 1000-9 1500-14 700-2 [1984]
L INDEX TO COMPENDIUM II - 17 Catalogs of Copyright Entries ••••••.•••••• Cautionary letter ••••••••••••••••••••••••• See also Warning letter. ~-- CautJ.onary letters •••••••••••••••••••••••• Celestial maps . Ceramic figurines ••••••••••••••••••••••••• Ceramics . Certain contracts entered into by cable systems . Certificate of acknowledgment ••••••••••••• Certificate of original registration •••••• Certificate of record returned to sender . Certificate of registration ••••••••••••••• Certificate of registration (original), return of . Certificate of supplementary registra tion . certification ...•.•.............•.••••.•.. Certification (official) •••••••••••••••••• Certification (sworn) ••••••••••••••••••••• Certification, sworn or official •••••••••• Certified application ••••••••••••••••••••• Certified copies •••••••••••••••••••••••••• Change in nationality or domicile after publication . Change in statement of nature or extent of authorship . Change of domicile, citizenship, and place of publication •••••••••••••••••••• Change or correction of title ••••••••••••• Change or error in name of corporation or organization ••••••••••••••••••••••••• Changes in content of work •••••••••••••••• Changes in facts occurring since basic registration . Channe 1 ......•......•..•.......•.••...••.. Channels (normal) of commerce ••••••••••••• Character s . Characters (dramatic) •••••.••••••••••••••• Characters (raised) for the use of the blind, copies a.n •••••••••••••••••••••••• Characters, use of protected •••••••••••••• 100-3, 1300-7 1000-4, 1300-13 100-5 500-16 500-1 800-11 1600-1 1600-15 1300-6 1600-27 100-2, 1200-11 1500-22 1500-6 1200-12 1600-5, 1600-6 1600-5, 1600-6 1600-2 700-5 100-3 1100-12 1500-15 1500-13 1500-14 1500-13 1500-18 1500-3 400-47 1000-23 200-4 400-15 1200-9 200-4, 300-5, 400-6 [1984J
INDEX TO COMPENDIUM II - 18 Charts . Charts (astronomical) ••••••••••••••••••••• Charts (mar ine) . Check, payment by ••••••••••••••••••••• •••• Checks (dishonored) ••••••••••••••••••••• •• Checks (uncollectible) •••••••••••••••••••• Chevron stripes (design) •••••••••••••••••• Chief, Acquisitions and processing Division, copyright Office •••••••••••••• Chief, Examining Division, copyright Office · . Child (illegitimate) •••••••••••••••••••••• Chi ldren (adopted) •••••••••••••••••••••••• Children, widows, and widowers •••••••••••• Chip . Choice of date of first publication ••••••• Chord charts ··· Chord symbols (harmonic) •••••••••••••••••• Choreographic work (improvisations) ••••••• Choreographic works ••••••••••••••••••••••• Choreographic works (derivative) •••••••••• Choreography (abstract) ••••••••••••••••••• Choreography and pantomimes distin guished . Choreography, content of •••••••••••••••••• Choreography, embodiment of ••••••••••••••• Choreography fixed in hologram •••••••••••• Chromatic scales •••••••••••••••••••••••••• Chronological or numerical designations on serials . Cinematographic authorship •••••••••••••••• Citizen. See also National, definition of. Citizen of-a-nation ••••••••••••••••••••••• Citizens (nationals but not) •••••••••••••• Citizenship. See also Nationality. Citizenship, change of •••••••••••••••••••• Citizenship of author ••••••••••••••••••••• Claim (copyright), abandonment of ••••••••• Claim (copyright), restriction of ••••••••• Claim, doubtful validity of ••••••••••••••• Claim (extent of), correction of problems relating to •••••••.•••••••••••• 500-1, 700-3 500-17 500-16 700-8 700-10 700-10 500-3 800-43, 800-44, 1500-19 800-43, 800-44 1300-17 1300-17 1300-16 300-15, 300-26, 300-28 900-8 400-5 400-8 400-19, 400-21 400-l8ff., 700-3 400-20 400-18 400-22 400-19 400-19 800-38 400-3 700-3 400-26 1100-2 1100-2 1500-13 1300-8 1500-22 1000-4 1500-17 1500-20 [1984J
INDEX TO COMPENDIUM II - 19 Claim in derivative works, extent of •••••. Claim (renewal), extent of •••••••••••••••• Claimant (copyright), name and address of . Claimant (copyright), statement of ownership . Claimant (copyright) who is not author . Claimant, legal name of •.••••••••••••••••• Claimant on application, name as •••••••••• Claimant or author, error in name or address of . Claimant (renewal), deceased person as •••• Claimant (renewal), duly authorized agent of . Claimant (renewal), employer as ••••••••••• Claimant (rightful), statement as to .••••• Claimant same for both sound recording and underlying work ••••••••••••••••••••• Claimant (unnamed renewal) identified by status only . Claimant, wrong name given as ••••••••••••• Claimants (joint renewal) ••••••••••.•••••• Claimants or authors (additional) ••••••••• Claimants (renewal), single class of •••••••••••••••••••••••••••••••••••••• Claimants (renewal), successor or representatives of •••••••••••••.•••••••• Claims (adverse renewal) •••••.•••••••••••• Claims (original and renewal), simul taneous submission of ••••••••••••••••••• Claims (unacceptable renewal) ••••••••••••• Clarification of information •••••••.•••••• Class PA, Form PA ••••••••••••••••••••••••• Class (single) of renewal claimants •••.••• Class SR, Form SR •••••••••••••••••••.••••• Class TX, Form SE •••••••••••••••••.••••••• Class TX, Form TX .•.•••••••••.••.••••••••• Class VA, Form VA •••••••••••••.••••••••••• Classes (administrative), authority of Register of Copyrights to specify ••••••• Classical ballet •••••••••••••••••••••••••• Classification (administrative) of works . 300-6 1300-32 700-1 700-1 700-1 1000-11 1000-10 1500-12 1300-31 1300-8 1300-27 1500-12 700-3 1300-32 1500-12 1300-28 1500-10 1300-16 1300-32 1300-29 1300-7 1300-31 1500-3 700-3 1300-16 700-3 700-3 700-2 700-3 800-2 400-19 700-1 [1984]
INDEX TO COMPENDIUM II - 20 Classification for administrative purposes only ·· Classification involving two or more categories of authorship •••••••••.•••••• Classification of booklet and cassette tape . Classification of claim in phonorecord containing words, music, and sound recording · .. Classification of contributions to collective works •••••••••••••••••••••••• Classification of derivative works •••••••• Classification of multimedia works •••••••• Classification, significance of ••••••••••• Classification of sound recordings •••••••• Classification where two forms seem appropr ia te . Classified information, works con taining . Clean motion pictures ••••••••••••••••••••• Clear words of conveyance, lack of •••••••• Clothing. See Wearing apparel. COBOL (Common-Business Oriented Language) •••••.•••••••••••••••••••• .- •••• Code •••••••••••••••••••••••••••••••••••••• Code (object) . Code of Federal Regulations ••••••••••••••• Code (source) ••••••••••••••••••••••••••••• Coding ..............................•..... Coined words . Collage . Collect shipment •••••••••••••••••••••••••• Collection (multi-disk) of phonorecords, notice on . Collection of dramas •••••••••••••••••••••• Collection of sound recordings as copy rightable authorship •••••••••••••••••••• Collection, separate indexing of indi vidual titles in •••••••••••••••••••••••• Collections of the Library of Congress, "Best Edition" of Published Copyrighted Works for the . Collective musical works •••••••••••••••••• Page 700-7 700-6 700-7 700-7 700-6 700-6 400-25 700-7 400-33 700-6 100-6 800-8, 800-36, 800-37 1600-13 300-16, 300-28 300-28 800-34 100-2 800-34 300-28 400-13 500-2 800-40 1000-24 400-17 400-44 1500-3 800-46 400-12 [1984J
INDEX TO COMPENDIUM II - 21 Collective work, ownership of contribu tion to . Collecti ve works . Collective works, alternative position of notice on contributions to ••••••••••• Collective works, classification of contributions to •••••••••••••••••••••••• Collective works, contributions to •••••••• Collective works made for hire •••••••••••• Collective work, notice on contribu tions to . Collector (private), original oil painting sold to •••••••.•••••••••••••••• Collotypes . Coloration . Color reproductions of photographic prints . Color ing . Coloring of periodical editions ••••••••••• Combination (simple) of standard symbol s . Comedy (musical) •••....•..••...•.•...•.... Comedy sketches •••••.•••.•.•••••.•.•...•.. Commerce, normal channels of •••••••••••••• Commercial label, handmade drawing of ••••• Commercial prints or labels (published) ••• Commercial value of designs ••••••••••••••• Commercial value or aesthetic appeal •••••• Common Business Oriented Language ( COBOL) ••••••••••••••••••••••••••••••••• Common design, joint authorship and ••••••• Common geometric figures or shapes •••••••• Common-law rights in sound recordings fixed before February 15, 1972 •••••••••• Common-law spouse ••••.••.•••••••••.•.••••• Commonwealth of Puerto Rico ••••••••••••••• Communication, telegraphic or similar unsigned written ••••••••••••.••••••••••• Communications between applicant and Copyright Office ••••••••••••••••••••.••• 300-11 200-6, 300-7, 300-8 1000-20 700-6 800-5, 800-6, 1000-2 300-9 1000-19 900-2 500-14 500-3 500-13 200-3, 500-13 300-10 500-3, 500-5 400-17 400-13 1000-23 900-12 800-25 500-3 500-3 300-16, 300-28 1300-24 500-3, 500-5 400-37 1300-17 200-9, 1100-2, 1100-3, 1100-10, 1100-11, 1200-6 1300-2 100-6 [1984]
INDEX TO COMPENDIUM II - 22 comparisons of copyright deposits •.••••••• compatible stereo •••••••••••••••••••••••• • Compilation, identification of pre existing material in •••••••••••••••••••• Campi la tions . Compilations and derivative works, determination of eligibility for •••••••• Compilations, maps as •••••••••••••••••••• • compilations, motion pictures as •••••••••• compilations (non-registrable) of sound recordings •••••••••••••••••••••••• compilations of dramas •••••••••••••••••••• compilations of information ••••••••••••••• Compilations of music ••••••••••••••••••••• compilations of sound recordings •••••••••• Campi Le ••••••••••••••••••••••••••••••••••• Compiler . Compilers . Complete and unambiguous statement of facts . Complete copies: missing parts •••••••••••• "Complete" copy of motion picture ••••••••• "Complete" deposit (in general) ••••••••.•• "Complete" deposit (motion pictures) •••••• Completed registrations corrected by recordation . Completeness of documents ••••••••••••••••• Composite work, identification of ••••••••• Composite work, individual contributions to . Compos i te works ~ . Composite works and periodicals, renewal of contributions to ••••••••••.•••••••••• Composition, perspective in photographic •• Composition (photographic) •••••••••••••••• Compositions (musical) •••••••••••••••••••• Compulsory license, musical arrangements made under •••••••••••••••••••••••••••••• Compulsory license, notices of intention to obtain . Computation of recording fees ••••••••••••• 100-4 400-50 700-2 200-6, 300-7 1100-10 500-16 400-26 400-45 400-17 700-2 400-11 400-44 300-28 300-16, 300-29 1300-16 1600-23 800-6 400-31 800-2, 800-5 800-7, 800-35, 800-36, 800-37 1500-7 1600-13 1300-10 1300-24 1300-9, 1300-10, 1300-11, 1300-24, 1300-25 1300-9 500-15 500-15 1300-24 400-5 1600-1 l600-l8ff. [1984J
L L INDEX TO COMPENDIUM II - 23 Computation of copyright term ••••••••••••• Computations and the like ••••••••••••••••• Compu ter •••••••••••••••••••••••••••••••••• Computer chips . Computer program, application form for •••• Computer program instructional booklets ••• Computer program (specific deposit examples) . Computer programs ••••••••••••••••••••••••• Computer programs, deposit for regis tration of . Computer tapes . Computing and measuring, devices and similar articles designed for ••••••••••• Computing devices ••••••••••••••••••••••••• Computing term for published works •••••••• Computing term for unpublished works •••••• Concealed notice •••••••••••••••••••••••••• Concept or plan of action ••••••••••••••••• Concepts . Concepts and ideas •••••••••••••••••••••••• Conceptual basis for separability test . Condition of annotation, recordation as. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Condition of renewal registration, recordation as •••••••••••••••••••••••••• Condition to renewal, original regis tration as . Conductor I s score (music) ••••••••••••••••• Confidentiali ty ••••••••••••••••••••••••••• consanguini ty . Consecutive listing of titles in series . Constitutional provision •••••••••••••••••• Consular or diplomatic officer, official seal of any . Constructive notice of facts stated in recorded document ••••••••••••••••••••••• Contact (name, address, and telephone number) and fee .•.••••••••.•.••••••••••• Container (permanent), notice on sepa rable parts published in •••••••••••••••• [1984J 1000-14 200-2 300-29 300-15 300-23ff. 300-35 300-21 300-15, 700-2, 800-33 300-18 1200-8 500-18 300-2 1300-3 1300-4 500-6, 1000-16, 1000-25, 1000-26 500-18 200-2, 300-2 500-9 500-11 1600-3 1600-3 1300-11 800-7 800-43 1300-19, 1300-20 1600-20 100-1 1600-6 1600-11 1200-12 1000-23
INDEX TO COMPENDIUM II - 24 Container (phonorecord) ••••••••••••••••••• Containers, reels, or spools •••••••••••••• Containers, three-dimensional ••••••.•••••• Content and quality of deposit •••••••••••• Content (copyrightable) of editions, difference in .................••.......• Content of choreographic works •••••.•••••• Content of work, changes in ••••••••••••••• Contents, mere listing of ••••••.•••.•••••• Contents of work, disclosure of ••••••••••• Continuity (motion pictures) •••••••••••••• Continuity or shooting script as re quired description of motion picture •••• Continuous or ongoing grants of special relief . Continuous reproductions of works on sheet-like or strip material •••••••••••• Contracts (certain) entered into by cable systems . Contribution to periodicals, transfer of copyright in . Contribution published with separate copyright notice •••••••••••••••••••••••• Contribution to collective work, owner ship of . Contributions (individual) to composite work . Contributions (renewal of), first pub lication as basis of •.•••••••••••••••••• Contributions, separate renewal regis trations of . Contributions to collective works ••••••••• Contributions to collective works, alternative position of notice on •••••.• Contributions to collective works, classification of •••••••••••.••••••••••• Contributions to collective works, notice on . Contributions to periodicals and com posite works, renewal of •••••••••••••••• Contributions to periodicals (group of), single registration for ••••••••••••••••• [1984] Page 1000-3, 1000-10, 1000-16, 1000-24 1000-23 800-12 800-2, 800-11 800-10 400-19 1500-18 200-4, 300-1 900-3 800-36, 800-37 400-29 800-44 1000-23 1600-1 1600-9 1300-11 300-11 1300-24 1300-9 1300-10 300-10, 800-5, 800-6, 1000-2 1000-20 500-6 1000-19 1300-9 800-2
L INDEX TO COMPENDIUM II - 25 Contributions to periodicals, group registration for •••••••••••.•••••••••••• Convention (Buenos Aires) of 1910 ••••••••• Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms . Convention (Mexico City) of 1902 •••••••••• Convention (Universal Copyright) .••••••••• See also U.C.C. Conveyance, lack of clear words of •••••••• Conveyance (words of) in transfer docu men t s ••••••••••••••••••••••••••••••••••• Coordination and arrangement of compila tions . Copies and phonorecords distinguished ••••• Copies, backing of . Copies (carbon) of applications ••••••••••• Copies (complete): missing parts •••••••••• Copies (deposited), incomplete appearance of . Copies deposited, preliminary form of ••••• Copies (500), importation of additional ••• Copies, framing of •••••••••••••••••••••••• Copies (handmade) •••••••••••••••.•••••.••• Copies in raised characters for the use of the b l, ind . Copies left in public places •••••••••••••• Copies (matting) •••••••••••••••••••••••••• Copies, manufacturing requirements applicable only to ••••••••••••••••.••••• Copies (mimeographed) ••••••••••••••••••••• Copies (mimeographed) of play ••••••••••••• Copies, mounting of ••••••••••••••••••••••• Copies of musical works ••••••••••••••••••• Copies of published works, deletions or insertions in ••••••••.••••••••••••••• Copies, omission of notice from rela tively small number of •••••••••••••••••• Copies or phonorecords, errors in statements or notices on •••••••••••••••• 700-4 1100-6, 1100-7 1100-3, 1100-7 1100-6 1100-1, 1100-4, 1100-5, 1100-7, 1100-14, 1100-15, 1300-7 1600-13 1600-12 300-8 400-35 1000-22 700-5 800-6 900-12 900-12 1200-9 1000-22 1200-9 1200-9 900-3 1000-22 1200-6 1200-9 900-12 1000-22 400-3 900-12 1000-13 1500-18 [1984]
INDEX TO COMPENDIUM II - 26 copies or phonorecords (existing mul tiple) . copies or phonorecords (multiple} ••••••••• Copies or phonorecords not in existence . copies or phonorecords, offering to distr ibute . Copies or phonorecords, purpose of offering to distribute •••••••••••••••••• Copies, permanent receptacle for •••••••••• copies printed from type •••••••••••••••••• Copies (typewritten) in multiples ••••••••• Copies (visually perceptible} ••••••••••••• Copies (visually perceptible), notice on musical works published in ••.•••••••• Copy (advertising) •••••••••••••••••••••••• Copy (deposit) of motion picture, recall of . Copy limit (two-thousand) ••••••••••••••••• Copy or phonorecord deposited, appearance of . Copy or phonorecord, unrestricted public access to . Copyright Act, unspecified fees in •••••••• Copyright (ad interim) •••••••••••••••••••• Copyright and document, unclear relationship between •••••••••••••••••••• Copyright and material object: owner ship distinguished •••••••••••••••••••••• Copyright and material object: trans fer of ownership distinguished •••••••••• Copyright, automatic extension of ••••••••• "Copyright by author" ••••••••••••••••••••• "Copyright by publisher" •••••••••••••••••• Copyr ight Card Catalog •••••••••••••••••••• Copyright claim, restriction of ••••••••••• copyright claimant, name and address of . Copyright claimant, statement of ownership . Copyright claimant who is not author ••••• 900-4 900-2 900-5 900-1, 900-4, 1100-2 900-5 1000-20, 1000-22 1200-8 1200-9 1000-1, 1000-2, 1000-18 1000-18, 1000-19 700-2 800-41 1200-3 900-2 900-4 700-10 1200-1, 1200-2, 1200-3, 1200-9, 1300-12, 1300-13, 1300-14, 1300-15 1600-4 300-13 300-13 1300-1 1000-15 1000-15 100-3 1000-4 700-1 700-1 700-1 [1984J
INDEX TO COMPENDIUM II - 27 Copyright Convention (Universal) •••••••••• Copyright deposits, comparisons of . Copyright, duration of ••••••••••.••••••••• Copyright Entries, Catalogs of ...••••••.•. Copyright, exploitation of •••••••••••••••• Copyright (first-term) .•••••.•...••••••••. copyright in contribution to periodical, transfer of .••...••••••••••• Copyright notice. See Notice of copy right~ see also Notice. Copyright notice, addition or correction of •••••••••••••••••••••••••••••••••••••• Copyright notice, contribution published wi th separate . Copyright notice, form of ••••••••••••••••• Copyright notice (machine-readable) •••.••• Copyright, notice of •••••••••••••••••••••• Copyright, notice of renewal •.••••••••.••• Copyright notice, omission of ••••••••••••• Copyright Office •••••••••••••••••••••••.•• Copyright Office annotation ..••••••••••••• Copyright Office, Chief of Acquisitions and processing Division ..•.••••..••••••• Copyright Office, Chief of Examining Division . Copyright Office communications •••••••.••• Copyright Office, Deposits and Acquisitions Section of Acquisitions and processing Division •.•.•••••••••.••• Copyright Office, deposit in ••••.•••••.••• Copyright Office error •.•••••••••••••••••• Copyright Office forms, photocopies or other reproductions of ••••••••••••••• Copyright Office official search report . 1100-1, 1100-4, 1100-5, 1100-7, 1100-14, 1100-15, 1300-7 100-4 1300-1 100-3, 1300-7 1300-22, 1300-23 1300-2, 1300-3, 1300-7 1600-9 1500-19 1300-11 1000-2 800-35 1000-lff. 1000-26 1000-7, 1000-8, 1000-9, 1000-13, 1000-14, 1000-15 1000-16, 1000-17, 1000-24, 1000-25 100-1 1300-4 800-43, 800-44 800-43, 800-44 100-6 800-39 900-4 1300-7 700-5 1300-6 [1984J
INDEX TO COMPENDIUM II - 28 Copyright Office policy concerning publicati.on . copyright Office policy on nationality or domi c i 1 e . . . . . . . . . Copyright Office policy regarding purported transfers ••••••••••••••••••••• Copyright Office records •••••••••••••••••• Copyright Office records, corrections and amplifications of ••••••••••••••••••• Copyright Office Regulations •••••••••••••• Copyright or claim, abandonment of •••••••• Copyright, original term of ••••••••••••••• Copyright owner, authority of ••••••••••••• Copyright owner, authorization by ••••••••• Copyright owner is not signer ••••••••••••• Copyright owner, name of •••••••••••••••••• Copyright ownership, execution of transfers of . Copyright ownership: statement by claimant . Copyright proprietor •••••••••••••••••••••• Copyright, proprietor of •••••••••••••••••• Copyright record (fundamental) •••••••••••• Copyright, recordation of transfers and other documents pertaining to a ••••••••• Copyright relations unclear ••••••••••••••• Copyright, renewal of ••••••••••••••••••••• Copyright (statutory) secured before 1978 . Copyright term, computation of •••••••••••• Copyright term for works made for hire •••• Copyright term of anonymous and pseudonymous works •••.•.•••••••••••••••• Copyright term (single) ••••••••••••••••••• Copyright treaties (multilateral) ••••••••• Copyright (U.S.) protection, eligibility for . 900-1 1100-9 1600-2 1300-6, 1300-10, 1300-14, 1300-15, 1300-27, 1500-1ff. 1500-1ff., 1600-16 100-2 1500-22 1300-1, 1300-2, 1300-3, 1300-4, 1300-7, 1300-10 1000-1, 1000-7, 1000-13, 1000-15 900-1 1600-9 1000-2, 1000-3, 1000-9 1600-2 700-1 1300-8 1300-22 1500-1 1600-1ff. 1100-8 1300-1ff. 1500-12 1000-14 900-8 900-8 1300-1 1100-6 1500-13 [1984]
INDEX TO COMPENDIUM II - 29 Copyright (U.S.) subsists, averment that .........•.................•........ Copyrightable authorship on form of sound engineering ••••••••••••••••••••••• Copyrightable elements of sound re cordings, acceptable descriptions of •••• Copyrightable pictorial, graphic, and sculptural expression ••••••••••••••••••• Copyrightability in general ••••••••••••••• Copyrightability (music) •••••••••••••••••• Copyrightability (nondramatic literary works) ••••••••••.••.•••••..••••••.••.•.. Copyrightability of music, limitations on . Copyrightability of pictorial or graphic material •••••••••••••••••••••••• Copyrightability of sound recordings •••••• Copyrighted (Published) Works for the Collections of the Library of Congress, "Best Edition" of ••••••••••••••••••••••• Copyrighted works (published), "best edi tion II of . Copyrights (Register of), authori~y to specify administrative classes •••••••••• Corporate body, renewal by •••••••••••••••• Corporation as transferor ••••••••••••••••• Corporation, change or error in name of ••••••••.•••••••.•.••••••..•••••• Corporation doing business •••••••••••••••• Corporation separate and distinct from members or shareholders •••••••••••• Corporations . Corporations and similar organizations, nationality and domicile of ••••••••••••• Correcting or amplifying information in another supplementary registration •••••• Correction and amplification on Form CA, single form sufficient for •••••••••• Correction, document returned for ••••••••• Correction of error in recorded document •••••••••••••••••••••••••••••••• Correction of error in registration ••••••• Correction of minor errors •••••••••••••••• 1300-8 400-38 400-41 500-2 200-lf£. 400-2 300-3 400-5 500-13 400-37 800-46 800-8, 800-46 800-2 1300-25 1600-7 1500-13 1100-10 1100-10 1300-16 1100-10 1500-4 1500-25 1600-16 1500-8 700-4 1500-21 [1984J
INDEX TO COMPENDIUM II - 30 Correction of problems relating to extent of claim......................... 1500-20 Correction of problems relating to recorded documents •••••••••••••••••••••• 1500-20 Correction or addition of copyright notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1500-19 Correction or amplification of Copy right Office records by recordation of document .••••••....••.•••••••.••..... 1600-16 Correction or change of title ••••••••••••• 1500-14 Correction space on Form CA ••••••••••••••• 1500-23 Corrections and amplifications of copyright Office records •••••••••••••••• l500-lff. Corrections or amplifications by recordation ....•..........•............. 1500-7 corrections (supplementary registra tions).................................. 1500-2 Counting of titles •••••••••••••••••••••••• 1600-19 Country ..............•.................... 1100-2, 1100-5, 1100-12, 1300-14, 1600-16 See also Nation and date of first pUblication. Court actions, notification of filing and determination of •••••••••••••••••••• 1600-1 Cover of book, front or back of ••••••••••• 1000-17 Covering letter, titles given only In . 1600-12 Coverings (floor) ••••.•••••••••••••••••••• 800-30 craftsmanship (artistic), three- dimensional works of •••••••••••••••••••• 500-9 Craftsmanship, works of artistic ••••••.••• 500-1 Creation, incorrect date of ••••••••••••••• 1500-16 Creation of work, year of .•••••••••••••••• 700-2 Cross-referencing supplementary registrations . 1500-7 Cubes (multicolored geometrical) •••••••••• 500-6 Currency, acceptability of .••••••••••••••. 700-9 cu7rency (foreign), fees made payable ~n •••••••••••••••••••••••••••••••••••••• 700-9 Current Act, Transitional and Supple mentary provisions of the ••••••••••••••• 400-5, 700-8, 1000-14, 1100-8, 1200-1, 1200-2, 1200-3, 1300-15 Customs Service (United States) ••••••••••• 700-4, 1200-10 [1984J
INDEX TO COMPENDIUM II - 31 Cyclopedic, periodical, or other composi te work . Cylinders (multicolored geometrical) •••••• - D - Daily newspapers . Dance •••.•••••••••••••••••••••.••••••••••• Dance (folk) . Dance movements ••••••••••••••••••••••••••• Dance steps (social) •••••••••••••••••••••• Da ta bases .••••..•••...••...•••...•.••..•• Data bases, automated ••••••••••••••••••••• Data, historical •.........•.........•..... Date and manner of service of notice of termination . Date and nation of first publication •••••• Date (approximate) of first publi cation . Da t e (ea r 1 i e r ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date (effective) of recordation ••.•••••••• Date (effective) of supplementary regi s tra tion . Date (effective) of termination ..•.••••••• Da te , error in . Date (expiration) ••••••••••••.••••.•••••.• Date (incomplete) of publication •••••••••• Date (incorrect) of creation •.••••..•••••• Date (incorrect) of publication .•••••••••• Date (later) . Date of actual receipt ••.••••••••••••••••• Date of execution •.••••••••••••••••••••••• Date of deposit in mails •.•••••••••••••••• Date of first publication ••••••••••••••••• Date of first publication, choice of •••••• Date of fixation as affecting eligibili ty . Date of publication, error in •••••••••.••• Date of publication, impossible or improbable . Date of publication of previous edition or version . [1984J 1300-24 500-6 300-10 900-6 400-19 400-18 400-19 300-15, 700-2 300-35, 800-34 300-14 1600-26 700-2, 900-7 900-8 1000-14 1600-26, 1600-27 1500-25 1600-23, 1600-26 1000-7, 1000-14 1300-1, 1300-2, 1300-3, 1300-4 900-11 1500-16 1500-16 1000-14 1300-5 1600-15 1300-5 1300-7 900-8 400-36 1300-6 900-11 900-12
INDEX TO COMPENDIUM II - 32 Date of publication of separate parts or installments .....................•.• · Date of publication omitted in appli cation . Da te of recordation ••••••••••••••••••••••• Date of registration of unpublished works . Date of release as first publication •••••• Date or name, omission of •••••••••••••••.. Date (year) dispersed ••••••••••••••••••••• Date (year), form of •••••••••••••••••••••• Date (year) in Library of Congress Catalog Card Number •••••.••••••••••••••• Date (year) in notice ••••••••••••••••••••• Date (year) in notice, more than one •••••• Date (year) ami tted •.••••••••••••••••••••• Dates of death of deceased authors •••••••• De minimi s works . Deadline, amendment after ••••••••••••••••• Death of authors, dates of •••••••••••••••• Death of authors, statements relating to . Debugg ing ..............................••. Decal, reverse notice on •••••••••••••.•••• Decals . Deceased author, estate of •••••••••••••.•• Deceased authors: dates of death •••••••••• Deceased person as renewal claimant •••.••• Deceased person named in notice ••••••••••• Declaration of value •••••••••••••••••••••• Declaration (self-serving) •••••••••••••••• Declicking . Decoding . Defect in deposit ••••.•••••••••••••.•••••• Defects (motion pictures) ••••••••••••••.•• Definition (fixation) ••••••••••••••••••••• Definition of author ••••••••••••••••.••••• Definition of domicile •••••••••••••••••••• Definition of first publication ••••••••.•• Definition of national •••••••••••••••••••. Definition of producer of phonograms •••••• Definition of renewal "author" •••••••••••• 900-12 900-11 1600-16 1300-4 900-8 1000-15 1000-8 1000-7 1000-9 1000-7, 1000-8, 1000-9, 1000-14 1000-9 1000-2, 1000-7 700-1 200-2, 500-12 1300-4 700-1 1600-1 300-29 1000-26 500-13 1300-19 700-1 1300-31 1000-12 800-40 1600-3 400-47 400-47 1500-18 800-8, 800-36, 800-37 400-36 1100-1 1100-1 1100-2 1100-2 1100-3 1300-16 [1984J
INDEX TO COMPENDIUM II
- 33
Definition of sovereign authority of
a foreign national ••••••••••••••••••••••
Definition of stateless •••••••••••..••••••
Definition of United States ••••••••••.••••
Definition (phonorecords) •••••••••.••••.••
Delay in delivery •••••••••••••••••••.•••••
Deletion of name of author •••••••.••••••••
Deletions or insertions in copies
of published work ••••••••••.••••••••••••
Delivery, delay in •••••••••.••••••••••••••
Denial of special relief •••••••••••.••.•••
Denomination of work as title •••••••••••••
Deposi t Accounts •••••••••••••.••••••••••••
Deposit Accounts, minimum requirements
for .
Deposit ("complete") in general •••••••••••
Deposit copy of motion picture, recall
of ••••••••••••••••••••••••••••••••••••••
Deposit, defect in ••••••••••••••••••••••••
Deposit examples (computer program) .•.••••
Deposit for registration •••••.••••••.•••••
Deposit for registration, relationship
to mandatory deposit of •••••.•••••••••••
Deposit in Copyright Office •••••••••••••••
Deposit in mails, date of ••••..•••.••.•••.
Deposit in public library ••••••••••••••.••
Deposit (mandatory), relationship of
deposit for registration to ••••••••.••••
Deposit of identifying material for
computer programs •••••••••••.••.••••••••
Deposit of phonorecords of musical
works .
Deposit (original), examination
necessary of •••••••••••••••••••••.••••••
Deposit provisions (statutory) •••••.•••••.
Deposit regulations •••••••••••••••••••••••
Deposit requirements (applicable)
not met .
Deposit requirements for motion
pictures .
Deposit (required), unavailability of •••••
Deposit requirement for music embodied
in soundtrack .
1100-3
1100-3
1100-3
400-34
1300-5
1500-14
900-12
1300-5
800-44
1600-19
700-9, 1200-12
700-9
800-2, 800-5
800-41
1500-18
300-21
800-1ff.
800-45
900-4
1300-5
900-4
800-45
300-18
400-5, 900-7
1500-20
800-1
800-2
1500-19
400-29, 800-35,
800-39
800-43
400-4, 800-32
[1984J
•••••••••••••••••••••••••••• INDEX TO COMPENDIUM II - 34 Deposit requirements for registration, special relief from •••••••.••••••••••••• Deposited copies, incomplete appearance of •••••••••••••••••••••••••••••••••••••• Deposited copies of published works, deletions or insertions in .•••••..•••••• Deposited copies, preliminary form of •••••••••••••••••••••••••••••••••••••• Deposited material, preliminary form of •••••••••••••••••••••••••••••••••••••• Depositor, attorney-in-fact for ..•••••••.• Depositor (individual) or legal representative . Depositor (foreign) of motion pictures •••• Deposits and Acquisitions Section of Acquisitions and Processing Division, Copyright Office .•••.•.••.•••.••••.••••• Deposits (copyright), comparisons of ..•••• Derivative audiovisual works •••..••••.•.•• Derivative choreographic works •••••••••••• Derivative computer programs •.•.••••••••.• Derivative music subject to evaluation tlAsaWhole ll Derivative sound recordings •.••••••••••••• Derivative sound recordings, types of •••••••••••••••••••••••••••••••••••••• Derivative work, additional music as •••.•• Derivative work, identification of preexisting material in ••••...•••••••••• Derivative works •••••••••••••••••••••••••• Derivative works and compilations, determination of eligibility for .••••••• Derivative works, art reproductions as •••••••••••••••••••••••••••••••••••••• Derivative works, classification of ••••••• Derivative works (dramatic) .••••••.••••••• Derivative works, maps as ••••••••••••••••• Derivative works, motion pictures as .••••• Derivative works (musical) •.••.••••.•••..• Description (dramatic) •••••••••••••••••••• Description (literary) as copy of musical work . Description of motion picture as part of required deposit .••••••••••.••••••••• ,Jpage 800-42 900-12 900-12 900-12 900-12 800-40 800-39 800-39 800-39 100-4 400-24 400-20 300-17 400-11 400-39 J 400-41 400-11 700-2 200-6, 300-6 1100-10 500-14 700-6 400-16 500-16 400-26 400-6 400-14 400-4 400-29 [1984]
INDEX TO COMPENDIUM II - 35 Description (textual) as registrable choreography . Descriptions (acceptable) of copyright able elements of sound recordings ••••••• Descriptions or explanations (brief) •••••. Descriptive phrase (different) •••••••.•••• Descriptive subtitle or translation ••••••• Design (common), joint authorship and ••••• Design (conventional) of fleur-de-lys ••••• Design of chevron stripes •.•••••••••••••.• Design or model of table lamp ••••••••••••• Design reproductions •••••••••••••••••••••• Designation (alternative) ••••••••••••••••• Designation (alternative) or abbre viation . Designs (abstract) •••••••••••••••••••••••• Designs, commercial value of •••••••••••••• Designs (representational) ••••••••.••••••• Device or machine, forms, calibrated for use in conjunction with ••••••••••••• Desirability of recordation ••••••••••.•••• Devices and similar articles designed for computing and measuring •••••.••••••• Devices designed for computing and measuring . Devices (optical scanning) •••••••••••••••• Diagrams . Diagrams (engineering) •••••••••••••••••••• Dialog (dramatic) •••••.••••••••••••••••••• Dials (wheel) . Diaries . Diatonic scales .•..•..•.............•..•.. Difference in copyrightable content between editions •.•••••.•••••••••••••••• Different descriptive phrase •••••••••••••• Different subtitles ••••.••••••.••••••.•••• Different titles •••••••••••••••••••••••••• Diplomatic or consular officer, official seal of any ••..•••••••••••••••• Direct or indirect performance before an audience . Directions (stage) for action ••••••••••••• 400-20 400-41 1200-5 1600-11 1600-21 1300-24 500-3 500-3 500-6 500-13 1000-2, 1000-3, 1000-9, 1000-11, 1000-15 1000-11 500-13 500-3 500-13 500-18 1600-3 500-18 300-2 800-33, 1000-21 500-1, 700-3 500-17 400-14, 400-15 500-18 300-13 400-3 800-10 1600-11 1600-20 1600-11 1600-6 700-3 400-15 [1984J L
INDEX TO COMPENDIUM II - 36 Directories . Disclosure of work's contents ••••••••••••• Discoveries . Discoveries, scientific or technical •••••• Discretion to extend •••••••••••••••••••••• Discretionary waiver of fees •••••••••••••• Dishonored checks ••••••••••••••••••••••••• Disks . Disks (magnetic) •••••••••••••••••••••••••• Disks (perforated metal) •••.•••••••••••••• Disks (phonorecord) •••••••••••••.••••••••• Disks (vinyl) . Dispersed notice: year date ••••••••••••••• Display on terminal of notice ••••••••••••• Display or performance (public) ••••••••••• Display (private) ••••••••••••••••••••••••• Display (public) •••••••••••••••••••••••••• Disposable wrapper •••••••••••••••••••••••• Disruption of postal or other service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distortions (motion pictures) ••••••••••••• Dis~ribute (offering to) as pub1ica t.Lon •••••••••••••••••••••••••••••••••••• Distribution before 1978 only in form of phonorecords . Distribution by rental, lease, or lending . Distribution by sale or other transfer of ownership . Distribution (further), public perfor mance, or public display •••••••••••••••• Distribution of copies or phonorecords, purpose of . Distribution (public) required •••••••••••• Distribution, statement purporting to limit or restrict ••••••••••••••••••••••• Distribution to group of persons •••••••••• District of Columbia •••••••••••••••••••••• Divorced spouse . 300-8, 700-2 900-3 200-2, 300-2 500-18 1300-2 700-8 700-10 300-30, 800-33, 1000-2, 1000-24 1000-20 400-35 400-5 400-35 1000-8 1000-20 900-1, 900-4 900-6 900-6 1100-2 1000-24 1300-5 800-8, 800-36, 800-37 900-2 900-7 900-4 900-4 900-1, 900-4 900-5 900-3 900-3 900-5 200-9, 1100-3, 1100-10, 1100-11, 1200-6 1300-17 [1984J
INDEX TO COMPENDIUM II - 37 Document, addendum to ••••••••••.•••••••.•• Document and copyright, unclear rela tionship between •••••••••••••.••••••.••• Document, apparent inconsistency of ••••••• Document, appendix to .•••••.••••••••.••••• Document, attachments to ••••.•••••.••••••• Document, correction or amplification of Copyright Office records by recordation of . Document, failure to identify work in ••••• Document, formal sufficiency of ••••••••••• Document (illegible) •••••••••••••••••••••• Document, incorporation by reference of ••• Document indexed as "transfer" •••••••••••• Document, initialing of returned •••••••••• Document of transfer, recordation of •••••• Document (recordable) returned at sender's request) ••••••••••••••••••••••• Document (recorded), attached material not essential to ••••••••.•••••••.••••••• Document (recorded), constructive notice of facts stated in •••.•••••••••••••..••• Document (recorded), correction of error in................................ Document (recorded) part of larger document ••••••.••••••••••••••••••••••••• Document returned for amendment ••••••••••. Document returned for correction •••••••••• Document submitted for recordation, amendments in . Document submitted in error for recordation . Document (unsigned) •.••••.•••••••••••••••• Documents, completeness of •••••••.•••••••• Documents, effect of recordation of ••••••• Documents, indexing of •••••••••••••••••••• Documents pertaining to a copyright, recordation of transfers and other •••••• Documents, recordation of •.••••••••••••••• 1600-13 1600-4 1600-7 1600-13 1600-13 1600-16 1600-11 1600-5 1600-6 1600-14 1600-2 1600-13, 1600-18 1500-11 1600-17 1600-13 1600-11 1500-8 1600-14 1600-13 1600-16 1600-17 1600-4 1600-7 1600-13 1500-9 1600-2, 1600-7, 1600-8, 1600-10, 1600-11, 1600-12, 1600-15, 1600-17, 1600-21, 1600-27, 1600-28 1600-lff. 1500-2, 1500-7 [1984]
INDEX TO COMPENDIUM II - 38 Documents, recordation of transfers and other · Documents (recorded), correction of problems relating to •••••••••••••••••••• Documents (transfer): words of convey ance . Dolbyized . DO11 s . Dolls (mechanical), imitation of ••••••••.• Domicile, acceptable statements of •••••••• Domicile and nationality of corporations and similar organizations ••.•••••••••••• Domicile, change of ••••••••••••••••••••••• Domicile, definition of ••••.•••••••••••••• Domicile of author •••••••••••••••••••••••• Domicile or nationality after publica tion, change in . Domicile or nationality, Copyright Office policy on ••.••••••••••••••••••••• Domicile or nationality in case of work made for hire . Domicile or nationality of anonymous author. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Domicile or nationality of author having more than one nationality ••••••••••••••• Domicile or nationality of multiple authors................................. Domicile or nationality of pseudonymous author . Domiciliary of United states •.••••.••••••• Domiciliary or foreign national ••••••••••• Domiciliary or U.s. national •••••••••••••• Domiciliary or U.s. national, author not . Domiciliary or U.s. national, employer of author is not . Doubt, rule of . Doubt ful ca se . Doubtful validity •••••••••••.•.••••••••••• Drama (music) .••...•..................•... See also Dramatico-musical works. 1600-2 1500-20 1600-12 400-47 500-1, 800-12, 1000-2, 1000-7 400-21 1100-13 1100-10 1500-13 1100-1 1300-8 1100-12 1100-9 1100-9 700-1 1100-9 1100-9 700-1 1100-11 1100-5 1100-5 1200-7 1200-8 100-5, 300-12, 300-20, 300-22, 1000-4, 1200-2 1300-6, 1300-30 1300-13, 1500-17 400-17 [1984]
INDEX TO COMPENDIUM II - 39 Drama, simultaneous fixation of ••••••••••• Drama (translated) •••••••••••••••••••••••• Drama without words ••••••••••••••••••••••• Dramas •••••••••••••••••••••••••••••••••••• See also Dramatic works~ plays. Dramas, collection of ••••••••••••••••••••• Dramas, compilations of ••••••••••••••••••. Dramatic content, requirement of •••••••••• Dramatic derivative works •••••.••••••••••• Dramatic material embodied in phono records . Dramatic work (recorded), publication of •••.•••••••••••••••••••••••••••••••••• Dramatic works ........................•... See also Dramas~ Plays. Dramatic works distributed before 1978 only as phonorecords •••••••••••••••••..• Dramatic works, embodiment of •••••••••••.• Dramatico-musical works ••••••••••••••••••• Dramatization of novel ••••••••.•••••••••.• Drawing . Drawing (handmade) of commercial label ••.• Drawing, photocopy of ••••••••••••••••.•••• Drawings .........................•........ Drawings (architectural) •••.•••••••••••••• Drawings (mechanical) ••••••••••••••••.•••• Drawings or pictorial representations of area . Drawings (technical) •••••••••••••••••.•••• Dr i ftwood ...........•.........•.....•.•..• Dub ••••••••••••••••••••••••••••••••••••••• Duly authorized agent ••••••••••••••••.•••• Duly authorized agent of renewal c 1 a iman t . Duly authorized agent or successor in interest . 400-16 400-16 400-15 1300-24 400-17 400-17 400-15 400-16 1000-1 900-7 400-14, 700-3, 1200-4 1100-13 400-16 400-17, 1300-24 400-16 500-14 900-12 500-15 500-2 500-1, 500-17 500-17 500-16 500-1, 500-17, 700-3, 800-4 500-8 400-48 100-8, 100-9, 1200-10, 1200-12, 1300-8, 1500-7, 1600-2, 1600-5, 1600-6, 1600-24, 1600-25, 1600-27 1300-8 1500-7 [1984J
INDEX TO COMPENDIUM II - 40 Duly authorized agent, termination of grant executed by ••••••••••••••••••••••• Dump •••••••••••••••••••••••••••••••••••••• Duplicate application for renewal •••.••••• Duration of copyright ••••••••••••••••••••• Duration of copyright for anonymous and pseudonymous works, and works made for hire ·········· Duration of sixty seconds or less (untitled motion picture or other audiovisual work) ••••••••••••••••••••••• Dust jackets · See also Book jackets. Du~jackets on books, notice on •••••••••• - E - Each grantee, name of ••••••••••••••••••••• Each separate transfer, fee required for . Each side of leaf regarded as "page" •••••• Each work, title and author of •••••••••••• Earlier date . Earlier registration not authorized ••••••• Edicts of government •••••••.•••••••••••••• Editing . Editing (musical) •••••••.••••••••••••••••• Editing of sound recordings as new matter . Editing of sound recordings, question- abili ty of . Edition (Best) of Published Copyrighted Works for the Collections of the Library of Congress ••••••••••••••••••••• Edition (first pUblished) of previously registered work . Edition (foreign), manufactured ••••••••••• Edition (foreign) never registered •••••••• Edition (later published U.S.) of work first published outside the United states ..........•............•... 1600-25 300-30 1300-29 1300-1 1000-14 1000-21 300-11 1000-24 1600-23 1600-18 1600-21 1600-23 1000-14 1500-21 200-5, 200-8, 300-5 400-48 400-11 400-43 400-43 800-46 900-10 700-4 1300-13 900-10 [1984J
INDEX TO COMPENDIUM II - 41 Edition or version (previous), date of publication of ••••••••••••••••••••••• Edition (U.S.), manufacture of •••••.•••••• Edition (U.S.), optional registration of . Editions, difference in copyrightable content between . Editions (limited), pictorial or graphic works published in certain •••••••••••••• Editions of daily newspapers •••••••••••••• Editions (two), single renewal appli cation for . Edi tors . Effect of recordation of documents •••••••• Effect of Universal Copyright Conven tion on renewal ••••••••••••••••••••••••• Effective date of fee schedule •••••••••••• Effective date of recordation ••••••••••••• Effective date of supplementary regis tration . Effective date of termination ••••••••••••• El Salvador . Electronic or photomechanical process ••••• Elements indistinguishably merged into single entity ••••.••••••••••••••••• Eligibili ty . Eligibility as affected by date of fixation . Eligibility for U. S. copyright pro tection . Ellipse . Elsewhere in Library of Congress •••••••••• Embodiment of audiovisual works ••••••••••• Embodiment of choreography •••••••••••••••• Embodiment of dramatic works •••••••••••••• Embodiment of motion pictures ••••••••••••• Embodiment of nondramatic literary works prepared for oral delivery •••••••• Embodiment of pantomimes ••••.••.•••••••••• Embodiment of pictorial, graphic, and sculptural works •••••••••••••••••••• Embodiment of sound recordings •••••••••••• Embroidery .................•.............. [1984J 900-12 1200-2 1200-2 800-10 800-23 300-10 1300-12 1300-16 1500-9 1300-14 700-8 1600-26 1500-25 1600-23, 1600-26 1100-6 1000-21 1300-24 ll00-lff. 400-36 1500-13 500-3 1300-2, 1300-5 400-24 400-19 400-16 400-25 400-14 400-22 500-1 400-34 800-30
INDEX TO COMPENDIUM II - 42 Employer as author of motion picture . Employer as renewal claimant ••••••••••.••• Employer, "author" as meaning indi vidual person and not •••••••••••.••••••• Employer of author is not U.s. national or domiciliary . Employers in the case of works made for hire . Employment for hire ••••.••••.••••••••••••• Employment for hire, agreement of ••••••••• Employment-for-hire statement, error or omission in . Encoding . Encryption . Encyclopedia . End of calendar year •••••••••••••••••••••• Engineering blueprints •.•••••••••••••••••• Engineering diagrams •••••••••••••••••••••• Eng 1 i sh language .••.•••••••••••••••••••••• English-language book or periodical ••••••• English-language books and periodicals first published abroad •••••.••••••••.••• English-language nondramatic literary material (preponderantly) ••••••••••••••• English language preferred for communications . Enhanced stereo . Enhancements •.•••••••••••••••••••••••••••• Entry (port of) .....•...•.............•... Envelope (mailing) •.•••••..•••••••.••••••• Ephemeral recordings •••••••••••••••••••••• EPROM (Erasable Programmable Read-Only Memory) •••••••••.••••••••••••••••••••••• Equalization . Erasable Programmable Read-Only Memory (EPROM) •••••••••••••.•••••••••••• Errata and addenda sheets ••••••••••••••••• Erroneous submission of document for recordation ...............•......••. Error (Copyright Office) •••••••••••••••••• Error in date . Page 400-28 1300-27 1300-11 1200-8 1300-16, 1200-8 1300-27 1500-15 400-48 300-30 1000-2 1300-1, 1300-3, 1300-13 800-4 500-17 700-4 1200-3 1300-12 1200-3, 1200-6 100-8 400-50 300-30 1200-10 1000-24 200-8 300-30 400-48 300-30 1500-18 1600-4 1300-7 1000-7, J 1300-26 1300-2, 1300-4, ~ 1200-4, 1000-14 J[1984J
•••••••••••••••••••••••••••••••• INDEX TO COMPENDIUM II - 43 Error in date of publication •••••••••••••• Error in name . Error in name or address of author or claimant . Error in recorded document, correction of . Error in registration, correction of •••••• Error (minor typographical) ••••••••••••••• Error of Examining Division ••••••••••••••• Error, omission, or patent ambiguity •••••• Error or ambiguity on renewal application . Error or change in name of corporation or organization . Error or omission in emp1oyment-for-hire sta tement . Errors in statements or notices on copies or phonorecords •••••••••••••••••• Errors (minor), correction of ••••••••••••• Errors (obvious), freedom from •••••••••••• Estate of deceased author ••••••••••••••••• Etching . Evidence (prima facie) of execution ••••••• Evidence (prima facie) of validity •••••••• Examination of original deposit necessary . Examination process ••••••••••••••••••••••• Examining Division (Chief), Copyright Office . Examining Division error •••••••••••••••••• Examining Division, Head of Literary Section of . Exception to requirement for original registration . Exceptions to requirement of "best editionll Exceptions to requirement of identi fying material (published works) •••••••• Excess fee payments ••••••••••••••••••••••• Execution, date of •••••••••••••••••••••••• Execution of transfers of copyright ownership . Execution, prima facie evidence of •••••••• Executor (ancillary) •••••••••••••••••••••• Executor (literary) ••••••••••••••••••••••• Executor, qualification of •••••••••••••••• 1300-6 1000-13 1500-12 1500-8 700-4 1600-15 1500-21 1300-6 1300-10 1500-13 1500-15 1500-18 1500-21 1600-14 1300-19 500-14 1600-15 100-3 1500-20 100-3 800-43, 800-44 1500-21 800-29 1300-7 800-10 800-12 700-8 1600-15 1600-2 1600-15 1300-18 1300-18 1300-18 [1984]
INDEX TO COMPENDIUM II - 44 Executor (substitute) ••••••••••••••••••••• Executor (successor) •••••••••••••••••••••• Executor s . Executrix. See Executor. Exhibit ..... :-:-:- . . . . . . . . . . . . . . . . . . . . . . . . . . . Exhibit. See Display. Existing multiple copies or phono records . Expiration date ••••••••••••••••••••••••••• Explanations or descriptions (brief) •••••• Exploitation of copyright ••••••••••••••••• Express requirement in writing, omission of notice in violation of •••••• Expression (insufficient) ••••••••••••••••• Extended renewal term ••••••••••••••••••••• Extended renewal term, termination of transfers and licenses granted by author under . Extent of copyright claims •••••••••••••••• Extension of copyright (automatic) •••••••• Extent of claim, correction of problems relating to •••••••••••••••••••• Extent of renewal claim ••••••••••••••••••• Extent of nature of authorship, change in statement of •••••••••••••••••• Extraneous notices •••••••••••••••••••••••• - F - Fabric (textile) •••••••••••••••••••••.•••• Fabrics and textiles •••••••••••••••••••••• Facsimile reproduction (full-size) •••••••• Facsimile signature ••••••••••••••••••••••• Facts . Facts and events •••••••••••••••••••••••••• Facts as stated must be completed and unambiguous . Facts (changes in) occurring since basic registration •••••••••••••••••••••• Facts of original registration •••••••••••• Facts stated in recorded document, constructive notice of •••••••••••••••••• [1984J 1300-18 1300-18 1300-18 1600-13 900-4 1300-1, 1300-2, 1300-3, 1300-4 1200-5 1300-22, 1300-23 1000-13 500-9 1600-1, 1600-22, 1600-27 1600-22 100-4 1300-1 1500-20 1300-32 1500-15 1000-27 500-3 1000-7 1600-5 1600-9 300-14 200-2, 300-14 1600-23 1500-3 1300-10 1600-11
INDEX TO COMPENDIUM II - 45 Factual investigations ••••••.••••••••••••• Failure to identify necessary parties ••••• Failure to identify work •••••••••••••••••• False representation of material fact ••••• Familiar symbols or designs ••••••••••••••• Features . Features (artistic) ••••••••••••••••••••••• Fee and contact (name, address, and telephone number) ••••••••••••••••••••••• Fee (excess) payments ••••••••••••••••••••• Fee for registration may not be waived or reduced . Fee for renewal . Fee insufficient for recordation •••••••••• Fee payments made by mistake, refund of . Fee (registration), waiver or reduction disallowed . Fee required for each separate transfer ••• Fee schedule, effective date of ••••••••••• Fees •••••••••••••••••••••••••••••••••••.•• Fees (additional) for title indexing •••••• Fees, applicability to U.s. Govern ment of . Fees, applications and •••••••••••••••••••• Fees, discretionary waiver of ••••••••••••• Fees, form of payment of •••••••••••••••••• Fees made payable in foreign currency ••••• Fees (recordation) •••••••••••••••••••••••• Fees (recording) . Fees (recording), computation of •••••••••• Fees, refunds of •••••••••••••••••••••••••• Fees (registration) ••••••••••.•••••••••••• Fees (registration), submission of •••••••• Fees remitted from outside United States . Fees (unspecified) in Copyright Act ••••••• Fiction . Fictionalizations ••••••••••••••••••••••••• Fictitious name in notice ••••••••••••••••• Figurines (ceramic) .••••••••••••••••.••••• Filing and determination of court actions, notification of •••••••••.•••••• F i 1m . [1984] 900-1 1600-10 1600-11 100-10 200-3, 500-3 300-30 500-12 1200-12 700-8 100-9 1300-3, 1300-5, 1300-6 1600-17 700-8 100-9 1600-18 700-8 700-7 1600-21 700-8 700-lff. 700-8 700-8 700-9 700-7 1600-18 1600-18ff. 700-8 700-7 700-8 700-9 700-10 700-2 300-7 1000-12 500-1 1600-1 400-25, 800-33
INDEX TO COMPENDIUM II - 46 Film, graphic illustrations fixed 1n •••••••••••••••••••••••••••••••••••••• Film or tape, leader of ••••••••••••••••••• Film, separately registrable works of authorship fixed in ••••••••••••••••••••• Film strips . Film, works publ i shed in •••••••••••.•••••• Filmstrip, audio cassette accompanying •••• Filmstrip containing only text •••••••••••• Filmstrips . Filmstrips, works published in •••••••••••• Financial burden •••••••••••••••.•••••••••• Findings of fact ...............••........• Fine art . Firms . Firmware . First-class mail . First page of music ••••••••••••••••••••••• First published abroad (English language books and periodicals) ••••••••• First publication, acceptable state ments of nation of •••••••••••••••••••••• First publication, approximate date of •••••••••••••••••••••••••••••••••••••• First publication as basis of renewal of contributions •••••••••••••••••••••••• First publication, choice of date of •••••• First publication, date and nation of ••••• First publication, date of •••••••••••••••• First publication, definition of •••••••••• First publication in a vee country •••••••• First publication in United States •••••••• First publication, nation of •••••••••••••• First publication outside of United States . First publication, place of •••••••••••.••• First publication posthumous •••••••••••••• First publication, release date as •••••••• First publication, year of •••••••••••••••• First published edition of previously regi s tered work . First-term copyright •••••••••••••••••••••• Five-hundred copies, importation of addi tional . 800-38 1000-21 800-38 500-1 1000-21 700-3 700-5 800-33 1000-21 800-43 100-4 500-1 1300-16 300-31 1600-22, 1600-25 1000-18, 1000-19 1300-12 1100-13 900-8 1300-9 900-8 700-2, 900-7 1300-7 1100-2 1100-5 1100-5, 1100-11 1100-2 800-11 1300-8 1100-12 900-8 1000-2, 1000-6, 1000-14 900-10 1300-2, 1300-3, 1300-7 1200-9 [1984]
INDEX TO COMPENDIUM II - 47 Five-pointed star ••••••••••••••••••••••••• Five-year ad interim term ••••••••••••••••• Five years of publication, registra tion made within •••••••••••••••••••••••• F ixa tion . Fixation (date of) as affecting eligibili ty . Fixation, definition of ••••••••••••••••••• Fixation in film, videotape, or the like of separately registrable works of authorship . Fixation of motion pictures as related to their publication •••••••••••••••••••• Fixation of musical, spoken, or other sounds . Fixation requirement (motion pictures) •••• Fixation (simultaneous) of drama •••••••••• Fleur-de-lys design (conventional) •••••••• Floor coverings . Floppy di sk ••••••••••••••••••••••••••••••• Flowcharts . Folk dance . Foreign country, transfer executed In. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Foreign currency, fees made payable In ••.••...•••••.••.•.••••.••.•.••.•....• Foreign depositors of motion pictures ••••• Foreign edition never registered •••••••••• Foreign government works •••••••••••••••••• Foreign-language works •••••••••••••••••••• Foreign-language works. See also Works in languages other than English. Foreign manufactured edition •••••••••••••• Foreign nation, definition of sovereign authority of a . Foreign national or domiciliary ••••••••••• Foreign nation, sovereign authority of . Foreword or preface •••••••.••••••••••••••• Form CA •••••.••••••••••••••••••••••••••••• Form CA (amplification space) ••••••••••••• [1984] Page 500-3, 500-9 1200-2 1000-1, 1000-4, 1000-8, 1000-13, 1000-25 200-5, 400-36 400-36 400-36 400-32, 800-38 400-27 700-3 200-5, 400-25 400-16 500-3 800-30 300-31 300-35 400-19 1600-16 700-9 800-39 1300-13 200-10 1200-4 700-4 1100-3 1100-5 1100-3, 1100-5 1200-5 1500-2, 1500-21, 1500-22, 1500-23, 1500-24, 1500-25 1500-24
INDEX TO COMPENDIUM II - 48 Form CA, completion of •••••••••••••••••••• Form CA (correction space) •••••••••••••••• Form CA: information not contained in appropriate space •.••.•••••••.•.••••• Form CA (missing information) ••••••••••••• Form CA: single form sufficient for correction and amplification ••••••••••.• Form CA: Supplementary Registration ••••••• Form GR/cp: Group Registration for Contributions to periodicals •••••.•••••• Form IS ....•...........•.....•............ Form IS, completion of •••••••••••••••••••• Form IS: Request for Issuance of an Import Statement .••••••••••••••••••••••• Form of copyright notice •••••••••••••••••• Form of payment of fees •••••••.••••••••••• Form of year date ••••••••••••••••••••••••• Form RE (Renewal application) •••••••..•••• Form SR (Class SR) ••••••••••••.••••••••••. Form SR, obligatory use of ••••••••••.••.•• Form (application) inappropriate •••••••••• Form (application), most appropriate •••••• Form (application) prescribed by Register of copyrights ••••..•••••.•••••• Form PA (Class PA) ••••••••••••••••••.••••• Form SE (Class TX) •••••••••••••••••••••••• Form SR obligatory for sound recording authorship . Form TX (Class TX) ••.••••••••••••••••••••• Form VA (Class VA) •••••••••••••••••.•••••• Formal sufficiency of document •••••••••••• Format and layout of book design ••••••.••• Format or layout . Forms (application) •••••••••••••••••••••.• Forms (application), legibility of •••••••• Forms (application), quality of ••••••••••• Forms (application), repetitive infor mation on . Forms (basic application) ••.••••.••.••.••• Forms (blank) •............•••••.•.....•••. Forms (calibrated) for use in conjunc tion with machine or device •••••.••••••• 1500-22 1500-23 1500-25 1500-23 1500-25 700-4 700-4 1200-10 1200-11, 1200-12 700-4 1000-2 700-8 1000-7 700-4, 1300-2, 1300-3 700-3 700-7 700-7 700-5 700-1 700-3 700-3 700-7 700-2 700-3 1600-5 200-4, 300-3 300-3 700-1 700-5 700-5 700-5 700-2 500-18 500-18 [1984]
INDEX TO COMPENDIUM II - 49 Forms (Copyright Office), photocopies or other reproductions of ••••••••••• Forms of publication (alternative) •••••••• Forms (order) ••••••••••••••.•••••••.•••••• Forms (printed) not provided for notices of termination •••••••••••••••••• Forms (report) . Formula of measurement •••••••••••••••••••• FORTRAN' ••••••••••••••••••••••••••••••••••• Fragili ty . Framing of copies ••••••••••••••••••••••••• Fraternal organizations ••••••••••••••••••• Freedom from obvious errors ••••••••••••••• Freedom of Information Act •••••••••••••••• Fret notation . Front cover of book ••••••••••••••••••••••• Full name and address typewritten or printed legibly ••••••••••••••••••••••••• Full-size facsimile reproduction •••••••••• Full-term registrations ••••••••••••••••••• Fundamental copyright record •••••••••••••• Furni ture . Further distribution, public perfor mance, or public display •••••••••••••••• - G - Game or puzzle box •••••••••••••••••••••••• Games ••••••••••••••••••••••••••••••••••••• Garments •••••••••••••••••••••••••••••••••• Geometric figures or shapes (common) •••••• Geometrical (multicolored) spheres, cubes, and cylinders •••••••••••••••••••• Gift (unrestricted) ••••••••••••••••••••••• Glassware . Globes . Globes and relief models •••••••••••••••••• Glossary of Terms ••••••••••••••••••••••••• Government, edicts of. See Edicts of government. Government publications ••••••••••••••••••• 700-5 900-5 500-18 1600-23 500-18 500-18 300-16, 300-31 800-43 1000-22 1300-16 1600-14 700-10 400-4 1000-17 1600-25 1600-5 1300-12 1500-1 500-11 900-1, 900-4 1000-23 800-12 500-11, 800-32 500-3, 500-5 500-6 900-3 500-1 500-1, 500-16, 700-3 800-4, 800-12 300-27, 400-46 200-5, 200-9, 300-4 [1984]
INDEX TO COMPENDIUM II - 50 Government (U.S.), applicability of fees to ···· Government (U.S.) works ••••.••••..••••• ••• Government (U.S.) works, publication incorporating ········ Governmental agency or subdivision •••••••• Grandchildren . Grant executed by duly authorized agent, termination of •.•••••••••••• ·•••• Grant executed by one or more authors, termination of ········ Grant executed by someone other than the author, termination of •••••.••••••• Grant, identification of ••••••••••••..•• •• Grant, surviving person or persons who execute grant •..••.•••••••••.••••••• Grantee, name of each ••••••••..••••••••••• Grantee or successor in title, last known address of •..•........•••..•...••. Grants of special relief (continuous or ongoing) . Graph paper . Graphic expression (copyrightable) •••.•••• Graphic illustrations fixed in film ••••••• Graphic material, minimal standards for . Graphic matter other than motion pictures, Best Edition of ••••••••••••••• Graphic or pictorial design, repetition of . Graphic or pictorial labels ••••••••••••••• Graphic or picorial material, copy rightability of . Graphic or pictorial works published in certain limited editions •••••..•••••• Graphic or pictorial works reproduced in or on sheetlike materials ••••••••••.• Graphic or pictorial works (unpub lished . Graphic, pictorial, and sculptural work s . 700-8 200-5, 200-8, 200-9, 200-10, 300-4, 1000-3, 1000-16 1000-16 1100-3 1300-18 1600-25 1600-25 1600-25 1600-23 1600-23 1600-23 1600-22, 1600-25 800-44 200-3, 300-2, 500-18 500-2 800-38 500-3 800-48 800-30 700-3 500-13 800-23 800-30 800-21 700-3 [1984J
INDEX TO COMPENDIUM II - 51 Graphic, pictorial, and sculptural work with accompanying text ••••••••••••• Graphic works . Graphic works, embodiment of •••••••••••••• Graphic works, notice on •••••••••••••••••• Graphic works, reproductions of ••••••••••• Grave markers . Greeting cards . Gregorian calendar •••••••••••••••••••••••• Group of persons, distribution to ••••••••• Group registration for contributions to periodicals . Group registrations (renewal) ••••••••••••• Guam •••••••••••••••••••• ..... ... ..... . .... Gummed label •••••••••••••••••••••••••••••• - H II Hand of God II by Rodin •••••••••••••••••••• Hand-printed signature •••••••••••••••••••• Handmade copies •••••••••••••••••.•.•••.••• Handmade drawing of commercial label •••••• Handwritten notice •••••••••••••••••••••••• Handwritten signature ••••••••••••••••••••• Hardware ••••••••••••••••••..••••.•.••••••• Harmonic chord symbols •••••••••••••••••••• Harmony ••••••••••••••••••••.•.••••••••.••• Hamony (conventional or triadic) •••••••••• Headings . Height charts . Heirs . Head of Literary Section, Examining D i vis ion . Hexadecimal coding •••••••••••••••••••••••• Hexagon •••••••••••••••••••••.••...•..•.••. Hire, agreement of employment for ••••••••• Hire, employers in the case of works made for •..•.••••••••..•••••••••••.••••• Hire (employment for) ••••••••••••••••••••• Hire, motion pictures made for •••••••••••• [1984] 1000-2, 1000-7 500-lff., 1200-4 500-1 1000-22 500-14 500-1 500-13, 800-4, 1000-2, 1000-7 900-11 900-5 700-4 1300-11 1100-2, 1100-3, 1100-6, 1200-6 1000-20 500-14 1600-9 1200-9 900-12 1000-25 1200-12, 1300-8, 1600-25 300-31 400-8 400-1 400-3 1200-5 200-3, 300-2 1300-20 800-29 300-16 500-3, 500-9 1300-27 1300-16, 1300-26 1200-8 400-28
INDEX TO COMPENDIUM II - 52 Hire, work made for....................... Hire (works made for), copyright term of................................. Hire (works made for), duration of copyright for . Hire (work made for), nationality or domicile in case of ••••••••••••••••••••• Historical data ........•..........•....•.. Hologram, choreography fixed in ••••••••.•• Holograms . Holography, authorship of ••••••••••••••••• Household appliances •••••••••••••••••••••• Human author •••••••••••••••••••••••••••••• Husband ••••••••••••••••••••••••••••••••••• Hustle dance step ••••••••••••••••••••••••• - I - Idea . Idea of measurement ••••••••••••••••••••••• Ideas . Ideas and concepts .•••••••••••••.••••••••• Ideas for sound effects ••••••••••••••••••• Ideas, processes, or systems •••••••••••••• Identification of composite work •••••••••• Identification of grant ••••••••••.•••••••• Identification of preexisting material in compilation . Identification of preexisting material in derivative work .••••••••••••••••••••• Identifying material (content of pieces) . Identifying material for computer programs, deposit of •••••••••••••••••••• Identifying material (holograms) •••.•••••• Identifying material, incomplete deposit of . Identifying material (machine-readable works) . [1984J 700-1, 1100-1 900-8 1000-14 1100-9 300-14 800-38 400-26, 500-1, 500-15, 800-18 500-16 500-11 200-2, 500-8 1300-17 400-19 500-5 500-18 200-2, 300-2 ~500-9 400-16 500-18 1300-10 1600-23 700-2 700-2 800-14, 800-16, 800-19, 800-21, 800-24, 800-27, 800-30 300-18 800-18 300-22 800-33 J
INDEX TO COMPENDIUM II - 53 Identifying material, notice on ••••••••••• Identifying material (number of pieces) . Identifying material (oversize copies) . Identifying material (pictorial or graphic works reproduced in or on sheetlike materials) •.••.••••••••••••••• Identifying material (pictorial or graphic works published in certain limited editions) ••••••.•.••.••••••••••• Identifying material (published commercial prints or labels) •••••••••••• Identifying material (published tests and answer material) •••••••••••••• Identifying material (published works) . Identifying material (published works), exceptions to requirement of •••••••••••• Identifying material (size of pieces) . Identifying material, title on •••••••••••• Identifying material, type of ••••••••••••• Identifying material (unpublished motion pictures) •••••••••••••••.•••••••• Identifying material (unpublished pictorial or graphic works) ••••.•••••••• Identifying material (unpublished works) . Identifying material (works embodied only in motion picture soundtracks) ••••. Identity and Signal Carriage Comple ment, Notices of •••••.•••••••••••••••••• Identity by reference ••••••••••••••••••••• Identity of authors of anonymous and pseudonymous works, statements reg arding . [1984] Page 300-19 800-14, 800-16, 800-19, 800-21, 800-23, 800-26, 800-30 800-16 800-30 800-23 800-25 800-28 800-11 800-12 800-15, 800-18, 800-20, 800-22, 800-25, 800-28, 800-31 300-19 800-13, 800-16, 800-19, 800-21, 800-23, 800-26, 800-30 800-36 800-21 800-3 800-32 1600-1, 1000-15 1600-1
INDEX TO COMPENDIUM II - 54 Illegible applications •••••••••••••••••••• Illegible document •••••••••••••••••••••••• Illegitimate child •••••••••••••••••••••••• Illustrative (graphic) fixed in film •••••• Illustrators . Images in any sequence, showing of •••••••• Images (individual) of audiovisual works shown nonsequentially ••••••••••••••••••• Images (related), series of ••••••••••••••• Imitation of mechanical dolls ••••••••••••• Impersonal legal entity as transferor ••••• Import S ta temen t •.•••••••••••••••••••••••• Import statement, limit on issuance of •••• Import statement not required ••••••••••••• Import statement, request for ••••••••••••• Import statement, request for issuance of . ItImportance" test . Importa t ion . Importation of additional 500 copies •••••• Importation under Act of 1909 ••••.•••.••.• Importation in unlimited quantities ••••••• Importation of new version ••••.••••••••••• Importation (unlimited) ••••••••••••••••••• Imported and unpublished versions sub stantially different •••••••••••••••••••• Impos~ible or improbable date of publi- ca t.Lon •••••••••••••••••••••••••••••••••• Impossibility of signing or initialing •••• Improbable or impossible date of publi cation . Improper affixation of notice •.••••••••••• Improvisation to choreographic work ••••••• Inaccurate applications ••••••••••••••••••• Inappropriate application form •••••••••••• 700-5 1600-6 1300-17 800-38 1300-16 900-6 900-6 400-23 400-21 1600-7 700-4, 1200-1, 1200-3, 1200-5, 1200-7, 1200-9, 1200-10, 1200-11, 1200-12, 1200-13 1200-11 1200-10 1200-10 700-4 1200-5 700-4, 1200-1, 1200-3, 1200-6, 1200-7, 1200-8, 1200-9, 1200-10, 1200-13 1200-9 1200-9 1200-4 1200-12 1200-7, 1200-8 1200-10 900-11 1600-13 900-11 1000-17 400-19, 400-21 700-5 700-7 [1984]
INDEX TO COMPENDIUM II - 55 Incom~lete appearence of deposited cop1es . Incomplete applications ••••••••••••••••••• Incomplete date of publication •••••••••••• Incomplete deposit of identifying rna ter ial . Inconsistency of document apparent •••••••• Incorporation by reference •••••••••••••••• Incorrect date of creation •••••••••••••••• Incorrect date of publication ••••••••••••• Indexing of document as "transfer" •••••••• Indexing of documents ••••••••••••••••••••• Indexing (title), additional fees for . Indicia of publication •••••••••••••••••••• Indirect or direct performance before an audience ..... 1,1 •••••••••••••••••••••• Indistinguishable merger of elements into single entity •••••••••••••••••••••• Individual contributions to composite work ....•.........•...................•. Individual depositor or legal repre senta ti ve . Individual images of audiovisual work shown nonsequentially ••••••••••••••••••• Individual person and not employer, "author" as meaning ••••••••••••••••••••• Individual, signature of •••••••••••••••••• Individual titles in collection separately indexed •••••••••••••••••••••• Informal applications (renewal) ••••••••••• Information (additional) previously ami tted . Information at variance with statement of applicant . Information, clarification of ••••••••••••• Information, compilations of •••••••••••••• Information (Freedom of) Act •••••••••••••• Information in registration, amplifi cation of . 900-12 700-5 900-11 300-22 1600-7 1600-14 1500-16 1500-16 1600-2 1600-2, 1600-7, 1600-8, 1600-10, 1600-11, 1600-12, 1600-15, 1600-17, 1600-21, 1600-27, 1600-28 1600-21 900-12 700-3 1300-24 1300-24 800-39 900-6 1300-11 1600-9 1500-3 1300-2 1500-3 900-2 1500-3 700-2 700-10 700-4 [1984]
INDEX TO COMPENDIUM II - 56 Information (manufacturing) for pub lished works · Information (missing) added by annotation . Information missing on Form CA •••••••••••• Information not contained in appro priate space on Form CA ••••••••••••••••• Information, outside sources of ••••••••••• Information (repetitive) on appli cation forms . Information that is common property ••••••• Ingenui ty of work ••••••••••••••••.•••••••• Ingredients, mere listing of •••••••••••••• Initialing of returned document ••••••••••• Initialing or signing, impossibility of . Initials or monogram in lieu of signature . Insertions or deletions in copies of published work . Installments or separate parts, date of publication of ••••••••••••••••••••••• Installments or separate parts, publication of .•..............•........• Installments or separate parts, unit pUblication of ..........•..•............ Installments (serial) ••••••••••••••••••••• Instructional booklets (computer program) . Instructions (shipment) •••••.••••••••••••• Instrument in writing ••••••••••••••••••••• Instrument (multi-party) •••••••••••••••••• Instrument (two-party) •••••••••••••••••••• Instrumentation (musical) ••••••••••••••••• Insufficient recordation fee received . Insurance coverage •••••••••••••••••••••••• Insufficient expression ••••••••••••••••••• Intaglio or relief printing methods ••••••• Intention manifest to transfer •••••••••••• Interference proceedings •••••••••••••••••• International Money Order ••••••••••••••••• Interpreter . Interviews . Intestate author •••••••••••••••••••••••••• [1984] Page 700-2 1500-23 1500-23 1500-25 1600-12 700-5 200-3, 300-2 200-1 200-4, 300-1 1600-13, 1600-18 1600-13 1600-9 900-12 900-12 900-10 900-10 1300-13 300-35 800-40 1600-5 1600-7 1600-7 400-9 1600-17 800-40 500-9 800-12 1600-13 100-5 700-9 300-31 300-13 1300-19 ~ J
INDEX TO COMPENDIUM II - 57 Intestate or testamentary succession •••••• Investigations (factual) ••••••••.••••••••• Irrelevant factors in separability test ••• Issuance of Import Statement, limit on •••• Issurance of Import Statement, request for . Issue number (volume and) ••••.•••••••••••• Issue (periodical) ••••••.••••.••••••••••.• - J - Jacket (dust) on books, notice on ••••••••• Jacket housing sound recording •••••••••••• Jeweled pin . J ewe 1 ry . Joint authorship and common design •••••••• Joint authorship reflecting common design indistinguishably merged into single entity .••••••••••.••••.••••• Joint renewal claimants ••••••••••••••••••• Jokes ••••••••••••••......•...•..•••••••••. Journals . Judicial opinions ••••••••••••.••..•••••••• "Jumping jacks" or walking steps ••.••••••• Juxtaposition of limitations to notice . - K - Kin (next of) ..•.......................... Kit (multimedia), notice on ••••••••••••••• Knife, serrated edge of •••••••••••••.••••• - L - Labanotation ...•......•...........•....... Label cemented, sewn, or otherwise durably attached ••••••••••••..•••••••••• [1984] 1300-15 900-1 500-12 1200-11 700-4 1000-18 1000-2 1000-24 1000-24 500-10 500-1, 800-12, 1000-2, 1000-7 1300-24 1300-24 1300-28 400-13 700-3 200-8, 300-5 400-18 1000-3, 1000-4, 1000-5, 1000-20 1300-19 1000-24 500-10 400-20 1000-22
INDEX TO COMPENDIUM II - 58 Label (commercial), handmade drawing of . Labe 1 (gummed) ••••••••.••••.•••••••••••••• Label not considered useful article •••.••• Labels . Labels or prints (published commercial •••• Labels or tags ·· Labe 1 s (phonorecord) •••••••••••••••••••••• Labels (pictorial or graphic) ••••••••••••• Lace •••••••••••••••••••••••••••••••••••••• Lamp base (sculptured) •••••••••••••••••••• Language •••••••••••••••••••.•••••••••••••• Language (English) •••••••••••••••••••••••• Language used for communications •••••••••• Last known address of grantee or successor in title •••••••••••••••••••••• Late renewal application •••••••••••••••••• Later date . Later published U.s. edition of work first published outside the United States . Later version of published work, renewal of ..........•................... Layout and format of book design •••••••••• Layout or format •••••••••••••••••••••••••• Lease, rental, or lending •••••••••.••••••• Leader of film or tape •••••••••••••••••••• Leaf (each side of) regarded as ..paqe " ••••••••••••••••••••••••••••••• Leaf, "page" as single side of •••.•••••••• "Leaf" (sheet of paper) ••••••••••••••••••• Lea s e ••••••••••••••••••••••••••••••••••••• Lease, distribution by •••••••••••••••••••• Leasing of musical compositions ••••••••••• Leaving copies in public place •••••••••••• Lect ure s . Legal name of claimant •••••••••••••••••••• Legal representative or attorney in- fact . Legal representative or individual depos i tor . Legal sufficiency of notice of termination . Legatees of author •••••••••••.•••••••••••• 900-12 1000-20 1000-7 500-13 800-25 1000-23 1000-3, 1000-10, 1000-16, 1000-24 700-3 800-30 500-12 300-32 700-4 100-8 1600-22, 1600-25 1300-13 1000-14 900-10 1300-32 200-4, 300-3 300-3 1100-2 1000-21 1600-21 1000-18 1000-18 900-1 900-4 800-5, 800-7 900-3 800-5 1000-11 1600-8 800-39 1600-26 1300-18 [1984]
--
INDEX TO COMPENDIUM II
- 59
Legibility of application forms •••••••••••
Legibility of notice ••••••••••••••••••••••
Legibility of notice of termination •••••••
Legibility (permanent) of notice ••••••••••
Legible (permanently) notice ••••••••••••••
Leg ible photocopy •••••••••••.•••••••••••••
Legibly printed or typewritten full name
and address ••••••••..•••••••••••••••••••
Legislative enactments ••••••••••••••••••••
Lend ing .
Lending, distribution by ••••••••••••••••••
Lending of musical compositions •••••••••••
Lending, rental, or lease •••••••••••••••••
Letter (cautionary) •••••••••••••••.•••••••
See also warning letter.
Letter~transmittal•••••••••••••••••••••
Letter (warning) ••••••••••••••••••••••••••
See also cautionary letter.
Letter-,--~ng •••••••••••••••••••••••••••••••••
Lettering, mere variations of typo
graphic .
Letters and diaries •••••••••.•••••••••••••
Library of Congress •••••••••••••••••••••••
Library of Congress Catalog Card Number,
year date in .
Library of Congress (Collection of the),
"Best Edition" of Published copyrighted
Works for the .
Library of Congress, elsewhere in •••••••••
Library of Congress {Motion picture
Section, Motion picture Broadcasting
and Recorded sound Division) ••••••••••••
Library of Congress Regulations •••••••••••
Library (public), deposit in ••••••••••••••
License agreements and royalty payments
voluntarily negotiated ••.•••••••••••••••
License (compulsory), musical arrange
ments made under ••••••••••••••••••••••••
License (compulsory), notices of inten
tion to obtain .
Licenses and transfers granted by author
in 1978 or thereafter, termination of •••
700-5
1000-25
1600-26
1000-26
1000-16, 1000-26
1600-5
1600-25
200-8, 300-5
900-1
900-4
800-5, 800-7
1100-2
1000-4, 1300-13
1300-5, 1600-12
1000-7, 1000-8
500-13
200-3, 500-13
300-13
100-1, 800-8,
800-39ff.
1000-9
800-46
1300-2, 1300-5
800-41
100-1
900-4
1600-1
400-5
1600-1
1600-27
[1984J
INDEX TO COMPENDIUM II - 60 Licenses and transfers, time limits for termination of .......•.................. Licenses granted by author under extended renewal term, termination of ••.••••••••• Licenses, termination of transfers and •••• Light exposure, time and •••••.•••••••••.•• Limit on issuance of Import statement ••••• Limit or restrict distribution, state ments purporting to •.•••••.•••••••••.••• Limit (two-thousand copy) ••••••••••••••••• Limitation in notice, statement of •••••••• Limitation juxtaposed to notice ••••••••••• Limitations (territorial) of U.s. copy right law . Limited editions, pictorial or graphic works published in certain ••••.••••••••• Limits (time) for new basic registra tion . Limits (time) for renewal ••••••••••••••••• Limits (time) for supplementary regis tration . Limits (time) for termination of trans fers and licenses . Lines, numbers, symbols, calibrations, and their arrangement •••.••••.••.•.••••. Linoleum . Listing (consecutive) of titles in series . Lists taken from public documents or other common sources •••••••••••••••.•••• Literary and pictorial material approxi mately equal . Literary content of musical works •.••••••• Literary description as copy of musical work . Literary executor ••••••••••••••••••••••••• Literary expression ••..•••.••••••••••••••• 1600-22 1600-22 1600-1, 1600-27 500-15 1200-11 900-3 1200-3 1000-3, 1000-16 1000-3, 1000-5, 100-10 800-23 1500-9 1300-1, 1300-3, 1300-12 1500-5 1600-22 500-18 500-8, 1600-20 300-2 1200-5 400-13 400-4 1300-18 300-1 1600-22, 1000-4, 1000-4, 1000-20 1300-2, 1300-4, J 800-30 [1984J
•••••••••••••••••••••••••••••• INDEX TO COMPENDIUM II - 61 Literary material embodied in phonorecords . Literary material predominant ••••••••••••• Literary material (preponderantly nondramatic) . Literary material, preponderantly nondramatic English-language •••••••••••• Literary (nondramatic) works other than eer ial s . Literary Section (Head of), Examining Division . Literary work (recorded), publication of . Li terary works . Literary works distributed before 1978 only as phonorecords ••••••••••••••• Literary works in machine-readable form ••••• It Lithograph (published), unpublished oil painting embodied in •.••••.•.••••••• Lithographic or photoengraving process •••• Lithographic process •••••••••••••••••.•••. Li thogr aphy . Live performance, telecast, trans mission of . Living author . Local government works •••••••••••••••••••• Loop •••••••••••••••••••••.••..••••••..•••. Lyrics (song) . - M - Machine code or object code (machine language) . Machine language (Machine code or object code) . Machine or device, forms calibrated for use in conjunction with ••.•••••••.•• Machine-readable copies, works repro duced in . Machine-readable copyright notice ••••••••• Machine-readable literary works ••••••••••• [1984J Page 1000-1 1200-5 700-4 1200-3, 1200-4, 1200-6 700-2 800-29 900-7 800-5 1100-13 300-15 900-9 1200-8 1200-4 500-13, 500-14 400-25 1300-15 200-10 400-48 400-13 300-32 300-32 500-18 1000-20 800-35 300-15
INDEX TO COMPENDIUM II - 62 Machine-readable works •••••••••••••••••••• Magazine (monthly), short story pub lished in . Magazine (weekly), pictorial cartoon published in . Magnetic disks or tapes ••••••••••••••••••• Magnetic tape . Magnetic tapes . Magnetic tapes or disks ••••••••••••••••••• Magnification for ordinary use •••.•••••••• Mail .................•................•... Mail (first class) •••••••••••••••••••••••• Mail (misdirected or misdelivered) •••••••• Mail (Special Fourth Class) •••••••••.••••• Mailing envelope •••••••••••••••••••••••••• Mailing or packaging box (outer) •••••••••• Mails, date of deposit in ••••••••••••••••• Mandatory deposit, relationship of deposit for registration to ••••••••••••• Manner of service of notice of termina tion . Manufacture in Canada ••••••••••••••••••••• Manufacture in the United States •••••••••• Manufacture of U.S. edition ••••••••••••••• Manufactured (foreign) edition •••••••••••• Manufacturing clause of Act of 1909 ••••••• Manufacturing information for published works . Manufacturing provisions •••••••••••••••••• Manufacturing requirements applicable only to copies . Manufacturing requirements inapplicable to phonorecords ••••••••••••••••••••••••• Manufacturing requirements of works published after 1977 ••••••••••••.••••••• Manufacturing requirements of works published before 1978 ••••••••••••••••••• Manufacturing restrictions •••..••••••••••• Map (outline) . Maps •••••••••••••••••••••••••••••••••••••• Maps (celestial) ••••••..•••••••••••••••••• Marg in .....•...•......•...•......•••.•.... 300-15, 800-33 700-6 700-6 1000-20 300-34 800-33 300-15, 1000-20 1000-25 1300-2, 1300-5 1600-22, 1600-25 1300-5 800-41 1000-24 1000-24 1300-5 800-45 1600-26 1200-8 1200-6 1200-2 700-4 1200-1 700-2 1200-1ff. 1200-6 1200-6 1200-1 1200-1 700-4 500-17 500-1, 500-16, 700-3 500-16 1000-23 [1984]
L INDEX TO COMPENDIUM II - 63 Mariana Islands (Northern) •••••••••••••••• Mar ine charts . Mark of person, attesting authenti city of ••••••••••••••••••••••••••••••••• Markers (grave) ••••••••••••••••••••••••••• Mas ter ••••••••••••••••••••••••••••••• e.•••• Mas thead •••••••••••••••••••••••••••••••••• "Material added" statement •••••••••••••••• "Material added" statement on appli cation for sound recordings ••••••••••••• Material deposited, preliminary form of ......................•.......... Matting (copies) •••••••••••••••••••••••••• Material object and copyright, ownership distinguished ••••••••••••••••• Material, submission of ••••••••••••••••••• Mathematical principles ••••••••••••••••••• Measurement (idea, principle, formula, or standard of) . Measuring devices ••••••••••••••••••••••••• Measuring, devices and similar articles designed for ••••••••••••••••••• Mechanical distortions (motion pictures) . Mechanical dolls, imitation of •••••••••••• Mechanical drawings ••••••••••••••••••••••• Mechanical or photomechanical processes ••• Mechanical processes •••••••••••••••••••••• "Medodiousness" and harmony ••••••••••••••• Me lady . Members or shareholders separate and distinct from corporation ••••••••••• Memorandum or note of transfer •••••••••••• Mental incompetents as applicants ••••••••• Merger (indistinguishable) of elements into single entity •••••••••••••••••••••• Merit (aesthetic) ••••••••••••••••••••••••• Meri t (artistic) and style •••••••••••••••• Metal disks (perforated) •••••••••••••••••• Method books (music) •••••••••••••••••••••• Method of operation •••••••••.••••••••••••• Methods of operation •••••••••••••••••••••• Mexico City Convention of 1902 •••••••••••• Page 1100-4, 1100-6 500-16 1600-9 500-1 400-49 1000-18 300-23, 300-24 400-40 900-12 1000-22 300-13 700-5 500-18 500-18 300-2 500-18 800-8, 800-36, 800-37 400-21 500-17 500-15 500-8 400-3 400-1 1100-10 1600-2 100-8 1300-24 200-1, 500-3, 500-5 500-2 400-35 400-12 500-5, 500-18 200-2, 300-2 1100-6 [1984J
INDEX TO COMPENDIUM II - 64 Mezzotint process ••.••.••••••.•••••••••••• Mezzotints . Microfilmed public domain textual matter . Microform .............•.•.......... Microform, works published in ••••••••••••• Microforms, Best Edition of ••.•••••••••••• Microscopic notice •.•••.•••••••••••••••••• Mime •••••••••••••••••••••••••••••••••••••• Mimeographed copies ••••••••••••••••••••••• Mimeographed copies of play ••••••••.•...•• Minimal contributions to sound recordings . Minimal standards for pictorial or graphic material ••••••.•••••••• Minimal standards for sculptural material . Minimum requirements for Deposit ACCQuts ••••••••••••••••••••••• Minor errors, correction of ••••.•••••••••• Minor typographical error •.••••••••••••••• Minors as applicants ••••••••••••.••••••••• Misdelivered or misdirected mail •••••••••• Missing information added by annota tion . Missing information (Form CA) ••••••••••••• Missing parts of complete copies ••••.••••• Misspelled notice ••••••••••••••••••••••••• Mixing . Mnemonic code ••••••••••••••••••••••••••••• Mobile . Model or design of table lamp ••••••••••••• Mode 1 s •••••••••••••••••••••••••••••••••••• Models (anatomical) ••••••••••••.•••••••••• Models (architectural) •••••••••••••••••••• Models (relief) ••••••••••.•••••••••••.•••• Models (relief) and globes •••••••••••••.•• Models (scientific) ••••••••••.••.••••••••• Models (technical) •••...•••••••••••••••••• Modification (Standard) ••••••••••••••••••• Module •••••••••.•••.•••••• ... .. ... ...... ..Mold, reverse notice on ••.•••••. Molding (sculptural) ••••.•.••••• Money Order (International) ••••• 1200-4 500-14 500-16 800-33 1000-21 800-50 1000-25 400-21 1200-9 900-12 400-43 500-3 500-5 700-9 1500-21 1600-15 100-8 1300-5 1500-23 1500-23 800-6 1000-5 400-49 300-32 500-7 500-6 500-1, 500-9, 700-3, 800-11 500-17 500-17 500-16 800-4, 800-12 500-17 500-17 800-39 300-32 1000-26 500-2, 500-9 700-9 [1984J
INDEX TO COMPENDIUM II - 65 Money order, payment by ••••••••••••••••••• Monogram or initials in lieu of signature . Monophonic ••••.••••••••••••••.•••••••••••• Monophonic sound, pre-1972 sound recordings originally fixed in •••••••••• Monophonic sound, reprocessing of recording originally fixed in ••••••••••• Monthly magazine, short story pub lished in . More than one year date in notice ••••••••• Mosaic ••••••••••••••••••.••••••••••••••••• Motion Picture Agreement •••••••••••••••••• Motion Picture Agreement Standard Modification) . Motion Picture Agreement (Supple mental Property Agreement) •••••••••••••• Motion Picture Agreement, termination of . Motion picture as audiovisual work •••••••• Motion picture as copy of musical work embodied in soundtrack ••••••••••••• Motion Picture Broadcasting and Recorded Sound Division, Library of Congress . Motion picture, choreographic works embodied in . Motion picture, preexisting unpub lished screenplay embodied in ••••••••••• Motion picture (published), unpub lished sculpture embodied in •••••••••••• Motion picture, recall of deposit copy of . Motion picture, recorded sounds accompaning •............................ Motion Picture Section, Motion Picture Broadcasting and Recorded Sound Division, Library of Congress ••.•• Motion picture, sounds previously pUblished as part of •••••••••••••••••••• Motion picture soundtrack ••••••••••••••••• Motion picture soundtracks, separate registration for works embodied only in . [1984J Page 700-8 1600-9 400-49 400-42 400-42 700-6 1000-9 500-2 400-31, 800-39ff. 400-32, 800-39, 800-40 400-32, 800-42 800-42 400-23 400-4, 800-32 800-41 400-19 900-9 900-9 800-41 1000-1 800-41 400-34 700-3 800-32
INDEX TO COMPENDIUM II
- 66
Motion picture (untitled) of sixty
seconds or less •••••••...••.••••••••••••
Motion picture version of published
novel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Motion pictures...........................
Motion pictures as derivative works and
compilations .
Motion pictures as works made for hire ••••
Motion pictures, "best edition" of ••••••••
Motion pictures (clean, undamaged,
undeteriorated, and free of splices) ••••
Motion pictures, "complete" copy of •••••••
Motion pictures ("complete" deposit) ••••••
Motion pictures, copyrightabilityof ••••••
Motion pictures, deposit requirements
for .
Motion pictures, description as part of
deposit required for ••••..•••••••••••••••
Motion pictures, embodiment of ••••••••••••
Motion pictures, foreign depositors of ••••
Motion pictures, fixation as related to
publication of .
Motion pictures (mechanical, visual, or
audible defects or distortions) •••••••••
Motion pictures, notice on ••••••••••••••••
Motion pictures (published) •••••••••••••••
Motion pictures, requirement of fixation
of ••••••••••••••••••••••••••••••••••••••
Motion pictures, return of ••••••••••••••••
Motion pictures (unpublished) •••••••••••••
Mounting of copies ••••••••••••••••••••••••
Multi-disk collection (phonorecords),
not ice on .
1000-21
700-6
400-25ff., 500-1,
700-3, 800-5,
800-7, 800-35,
1300-24
400-26
400-28
400-30, 800-46,
800-48
800-8, 800-36,
800-37
400-31
800-7, 800-35,
800-36, 800-37
400-26
400-29, 800-35,
800-39
400-29
400-25
800-39
400-27
800-8, 800-36,
800-37
1000-21
400-30, 800-37
200-5, 400-25
800-40
400-29, 800-35
1000-22
1000-24
[1984J
INDEX TO COMPENDIUM II - 67 Multi-part works, notice on ••••••••••••••• Multi-party instrument •••••••••••••••••••• Multi-track ..•..•..••.....•.•.......•....• Multicolored geometrical spheres, cubes, and cylinders .••••••••••••••••••• Multilateral copyright treaties ••••••••••• Multimedia kit, notice on ••••••••••••••••• Multimedia kits ••••••••••••••••••••••••••• Mul timedia works •••••••••••••••••••••••••• Multimedia works (audiovisual) •••••••••••• Multimedia works, classification of ••••••• Multimedia works (nonaudiovisual) ••••••••• Multiple and single titles distin guished . Multiple authors, nationality or domicile of . Multiple copies or phonorecords ••••••••••• Multiple copies or phonorecords (existing) . Multiple parts, works of •••••••••••••••••• Multiple reproductions of works on sheet-like or strip material •••••••••••• Mu sic •••••••••••••••••••••••••.••••••••••• Music (accompanying) to dramatic work s ............•................•..... Music accompanying dramas ••••••••••••••••• Music (additional) as derivative work ••••• Music (conductor's score) ••••••••••••••••• Music copyrightability, limitations on •••••••.•••••••••••••••••••••••••••••• Music defined . Mus ic drama ••••••••••••••••••••••••••••••• See also Dramatico-musical works. MUSIC, elements of .•...................... Music, first page of •••••••••••••••••••••• Music (sheet) ••••••••..••••••••.•..•.•.••• Music, words, and sound recording, classification of claim in phono record containing ••••••••••••••••••••••• Musical abridgment •••••••••••••••••••••••• Musical adaptation ••••••.••••••••••••••••• Musical arrangements •••••••••••••••••••••• Musical arrangements made under compulsory license •••••••••••••••••••••• 1000-24 1600-7 400-49 500-6 1100-6 1000-24 800-5, 800-12 400-24, 400-46 400-46 400-25 400-46 1600-19 1100-9 900-2 900-4 800-5, 800-12 1000-23 1200-5 700-3 400-17 400-11 800-7 400-5 400-1 400-17 400-1 1000-18, 1000-19 1000-1 700-7 400-11 400-10 400-8 200-8, 400-5 [1984J
INDEX TO COMPENDIUM II - 68 Musical claim, literary content of •••••••• Musical collective works •••••••••••••••••• Musical comedy . Musical compilations •••••••••••••.•••••••• Mus ical compos i tions •••••••••••••••••••••• See also Musical works. MuSICal compositions, Best Edition of ••••• Musical compositions, leasing of •••••••••• Musical compositions, lending of •••••••••• Musical compositions, rental of ••••••••••• Musical content ......•.........••.•.•..... Musical derivative works •••••••••••••••••• Musical editing . Musical instrumentation ••••••••••••••••••• Musical material embodied in phonorecords . Musical notation as copy •••••••••••••••••• Musical phrases . Musical setting . Musical sounds recorded ••••••••••••••••••• Musical, spoken, or other sounds (fixation of) . Musical variations •••••••••••••••••••••••• Musical work (recorded), publication of •••••••••••••••••••••••••••••••••••••• Musical works •••.••••••••••••••••••••••••• See also Musical compositions. Musical works distributed before 1978 only as phonorecords ••••••••••••••• Musical works published in visually perceptible copies, notice on ••••••••••• - N - Name and address of copyright claimant . Name as claimant on application ••••••••••• Name (assumed) in notice •••••••••••••••••• Name, error in . Name (fictitious) in notice ••••••••••••••• Name (full) and address typewritten or printed legibly •••••••••••••••••••••• [1984] 400-13 400-12 400-17 400-11 1300-24 800-49 800-5, 800-7 800-5, 800-7 800-5, 800-7 400-2 400-6 400-11 400-9 1000-1 400-4 400-2 400-10 400-38 700-3 400-10 900-7 400-1, 700-3, 1200-4 1100-13 1000-18, 1000-19 700-1 1000-10 1000-12 1000-13 1000-12 1600-25
INDEX TO COMPENDIUM II - 69 Name in notice . Name (legal) of claimant •••.•••••••••••••• Name of author, deletion of •.••••••••••.•• Name of author omitted •••••••••••••••••••• Name of author omitted in records of original registration ••••••.••••••••• Name of copyr ight owner ••••••••••••••••••• Name of corporation or organization, change or error in •••••••••••••••••••••• Name of each grantee •••••••••••••••••••••• Name or address of author or claimant, error in •••••••••••••••.•••••• Name or date, omission of ••••.•••••••••••• Name (producer's) on sound recordings, presumption as to ••••.••••.••••••••••••• Name (separated) ...•..••.................. Name (wrong) given as claimant •••••••••••• N arnes ••••••••••••••••••••••••••••••••••••• Names (additional) in notice •••••••••••••• Names, reconcilable variance between •••••• Names, use of protected ••••••••••••••••••• Narration (dramatic) •••••••••••••••••••••• Nation. See also Country. Nation and date of first publication •••••• Nation, citizen of a •••••••••••••••••••••• Nation (foreign), definition of sovereign authority of a ••.••••••••••••. Nation (foreign), sovereign authority of a . Nation of first publication ••••••.•••••••• Nation of first publication, accept able statements of •••••••••••••••••••••• National. See also Citizen. National, definition of ••••••••••••••••••• National (foreign) or domiciliary ••••••••• National of United States •••••••.••••••••• National origin . National (U.S.) or domiciliary •.•••••••••• National (U.S.) or domiciliary, author not . [1984J 1000-9, 1000-10, 1000-11, 1000-12 1000-11 1500-14 1500-14 1300-15 1000-2, 1000-3, 1000-9 1500-13 1600-23 1500-12 1000-15 1000-10, 1000-11 1000-15 1500-12 200-3, 300-1, 400-2 1000-12 1600-8 200-4, 300-5, 400-6 400-14 700-2, 900-7 1100-2 1100-3 1100-3, 1100-5, 1100-2 1100-13 1100-2 1100-5 1100-11 200-8 1100-5 1200-7
INDEX TO COMPENDIUM II - 70 National (U.S.) or domiciliary, employer of author is not ••••••••••••••• 1200-8 Nationality. See also Citizenship. Nationality, acceptable statements of ••••• 1100-13 Nationality and domicile of corpora tions and similar organizations ••••••••• 1100-10 Nationality or domicile after publi cation, change in ••••••••••••••••••••••• 1100-12 Nationality or domicile, Copyright Office policy on •••••••••••••••••••••••• 1100-9 Nationality or domicile in case of work made for hire •••••••••••••••••••.•• 1100-9 Nationality or domicile of anonymous author . 700-1 Nationality or domicile of author having more than one nationality •••••••• 1100-9 Nationality or domicile of multiple authors . 1100-9 Nationality or domicile of pseud onymou s author . 700-1 Nationals but not citizens •••••••••••••••• 1100-2 Naturalistic art ••.•••••••••••••••••.••••• 500-2 Nature as source of recorded sounds ••••••• 400-39 Nature of authorship claimed •••••••••••••• 700-5 Nature of extent of authorship, change in statement of .....................•... 1500-15 Necessary parties, failure to identify •••• 1600-10 New basic registration ••.••••.•••••••••••• 1500-9, 1500-10, 1500-11, 1500-16, 1500-18, 1500-19, 1500-20 New basic renewal registration •••••••••.•• 1500-9 New or revised version, basic regis tration for . 1500-18 New version, importation of ••••••••••••••• 1200-12 New version of previously published work . 900-10 News •••••••••••••••••••••••••••••••••••••• 300-14 Newspapers ••••••••••••••••••••.••••••••.•• 700-3 Next of kin . 1300-19 No date of publication given in application . 900-11 No existing copies or phonorecords •••••••• 900-5 No requirement of recordation •••••.••..••• 1600-3 [1984J
INDEX TO COMPENDIUM II
- 71
No U.S. edition registered ••••••••••••••••
Nomograms •••••••••••••••••••••••••••••••••
Non-human authorship ••••••••••••••••••••••
Non-human sources of recorded sounds ••••••
Non-registrable compilations of sound
recordings .
Nonaudiovisual multimedia works •••••••••••
Nonchoreographic additions to choreo
graphic work .
Noncopyrightable elements of sound
recordings .
Nondramatic English-language literary
material {preponderantly) •••••••••••••••
Nondramatic literary works ••••••••••••••••
Nondramatic literary works other than
serials .
Nondramatic literary works prepared
for oral delivery, embodiment of ••••••••
Nondramatic literary works prepared
for performance ....•..•.••...•.••••••••.
Nondramatic (preponderantly) literary
material .
Nonfiction .
Nonmarketed tests •••••••••••••••••••••••••
Nonsense syllables ••••••••••••••••••••••••
Nonsequential showing of individual
images of audiovisual work ••••••••••••••
Nonsyntactical words ••••••••••••••••••••••
Normal channels of commerce •••••••••••••••
Northern Mariana Islands ••••••••••••••••••
Notation (musical) as copy ••••••••••••••••
Notation systems for dance ••••••••••••••••
Notations of cancellation in original
record of registration ••••••••••••••••••
Note or memorandum of transfer ••••••••••••
Notes or measures, no predetermined
number required for registration
of music .
Notice, additional names in •••••••••••••••
Notice (advance) of termination and
serv ice .
Notice, affixation and position of ••••••••
Notice {antedated) ••••••••••••••••••••••••
page
1300-14
300-2, 500-18
500-8
400-39
400-45
400-46
400-21
400-42
1200-3, 1200-4,
1200-6
300-lff.
700-2
400-14
400-13
700-4
700-2
300-12, 800-29
400-13
900-6
400-13
1000-23
1100-4, 1100-6
400-4
400-20
700-10
1600-2
400-2
1000-12
1600-22
1000-16
1000-7, 1000-14.
1300-3, 1500-17
[1984J
INDEX TO COMPENDIUM II
- 72
Notice, assumed name in ••••••••••.••••••••
Notice (concealed) •••.••••••••••••••••••••
Notice (constructive) of facts stated
in recorded document •••••••.•.••••••••••
Notice (copyright), addition or
correction of .............•...•.. ··•·•··
Notice (copyright), contribution pub
lished with separate ••••••••••••••••••••
Notice (copyright), form of •••••••••••••••
Notice (copyright), omission of •••••••••••
Notice, deceased person named in •••••••.••
Notice (dispersed): year date .••••.•••••••
Notice displayed on terminal ••••••••••••••
Notice, fictitious name in ••••••••••••••••
Notice {handwritten) ••••••••••••••••••••••
Notice in reverse on decal ••••••.•••••••••
Notice in reverse on mold ••••••••••••••••.
Notice, legibility of •••••••••••••••••••••
Notice, limitation juxtaposition to •••••••
Notice (microscopic) ••••••••••••••••••••••
Notice {misspelled) •.•••••••••••••••••••••
Notice, more than one year date in ••••••••
Notice, name in .
Notice not properly affixed •.••••••.••••••
Notice of copyright ••••••.••••••••••••••••
Notice of copyright {machine-readable) ••••
Notice of renewal copyright •••••••••••••••
Notice of termination, date and manner
of service of .
Notice of termination, legal suffi
ciency of .
Notice of termination, legibility of •••••••
Notice of termination, service of •••••••••
Notice of termination, signature on •••••••
Notice (omission of) from relatively
small number of copies ••••••••••••••••••
Notice (omission of) in violation of
express requirement in writing ••••••••••
[1984J
Page
1000-12
500-6, 1000-16,
1000-25, 1000-26
1600-11
1500-19
1300-11
1000-2
1000-7, 1000-8,
1000-9, 1000-13,
1000-14, 1000-15,
1000-16, 1000-17,
1000-24, 1000-25
1000-12
1000-8
1000-20
1000-12
1000-25
1000-26
1000-26
1000-25
1000-3, 1000-4,
1000-5, 1000-20
1000-25
1000-5
1000-9
1000-9, 1000-10,
1000-11, 1000-12
1000-17
1000-lff.
800-35
1000-26
1600-26
1600-26
1600-26
1600-25
1600-24
1000-13
1000-13
INDEX TO COMPENDIUM II
- 73
Notice on audiovisual works •••.•••••••••••
Notice on contributions to collective
works .
Notice on contributions to collective
works, alternative position of ••••••••••
Notice on dust jackets on books •••••••••••
Notice on identifying material ••••••••••••
Notice on motion pictures •••••••••••.•••••
Notice on multi-disk collection of
phonorecords .
Notice on multi-part works ••••••••••••••••
Notice on multimedia kit ••••••••••••••••••
Notice on musical works published in
visually perceptible copies •••••••••••••
Notice on periodicals or other serials ••••
Notice on pictorial, graphic, and
sculptural works ••••••••••••••••••••••••
Notice on separable parts published
in permanent container ••••••••••••••••••
Notice on sheet-like or strip material
bearing multiple or continuous repro
ductions of work ••••••••••••••••••••••••
Notice on sound recordings ••••••••••••••••
Notice on tag .
Notice, permanent legibility of •••••••••••
Notice {permanently covered) •••••••••.••••
Notice {permanently legible) •••••••.••••••
Notice (position of) on works published
in book form .
Notice {postdated) ••••••••••••••••••••••••
Notice, pseudonym in ••••••••••••••••••••••
Notice requirements applicable to
supplementary registration ••••••••••••••
Notice {restricted) •••••••••••••••••••••••
Not ice (rubber- stamped) •••••••••••••••••••
Notice, statement of limitation in ••••••••
Notice (typewritten) ••••••••••••••••••••••
Notice visible upon ordinary use ••••••••••
Notice, year date in ••••••••••••••••••••••
Notice {extraneous) •.•••••••••••••••••••••
Notices of Identity and Signal Carriage
Complement •••••.••••••••••••••••••••••••
[1984]
Page
1000-21
1000-19
1000-20
1000-24
300-19
1000-21
1000-24
1000-24
1000-24
1000-18, 1000-19
1000-18
1000-22
1000-23
1000-23
1000-24
1000-23
1000-26
1000-25
1000-16, 1000-26
1000-17
1000-8, 1300-4,
1500-17
1000-12
1500-17
1000-4
1000-25
1000-3, 1000-4,
1000-16
1000-25
1000-26
1000-7, 1000-8,
1000-9, 1000-14
1000-27
1600-1
INDEX TO COMPENDIUM II - 74 Notices of intention to obtain compul sory license ·· Notices of termination, printed forms not provided for •••••••••••••••••••••••• Notices on copies or phonorecords, errors in . Notification of filing and determina tion of court actions ••••••••••••••••••• Novel (published), motion picture version of . Novelization of drama ••••••••••••••••••••• Number of pages, determination of ••••••••• Number (registration) ••••••••••••••••••••• Number (registration) in lieu of title •••• Numbers, lines, symbols, calibrations, and their arrangement ••••••••••••••••••• Numbers, words, or other verbal or numerical symbols or indicia (works expressed in) .....•..•..•.••••..•..••••. Numerals (Arabic) ••••••••••••••••••••••••• Numerals (Roman) •••••••••••••••••••••••••• Numerical or chronological designations on serials . Numerical standard not required for mus~c ••••••••••••••••••••••••••••••••••• Numerical symbols or indicia, works expressed in . - 0 Object code . Object code or machine code (machine language) . Obligatory use of Form SR ••••••••••••••••• Obscene works ••.•••••••••••••••••••••••••• Obvious errors, freedom from •••••••••••••• Octal coding . Offer to distribute copies or phono record s . [1984J 1600-1 1600-23 1500-18 1600-1 700-6 400-16 1600-21 1200-12 1600-12 500-18 1200-4 1000-7 1000-7 700-3 400-2 300-1, 300-16, 1200-4 300-16, 300-21, 300-22, 300-32, 800-34 300-32 700-7 100-6 1600-14 300-16 1100-2
INDEX TO COMPENDIUM II - 75 Offering to distribute as publication ••••• Offering to distribute copies or phonorecords . Offering to distribute copies or phonorecords, purpose of .•••••••••••.••• Office (business) in United States •••••••• Official certification •••••••••.•••••••••• Official Copyright Office search report ••• Official or sworn certification ••••••••••• Official seal of any diplomatic or consular officer ••••••••.••••••••••••••• Oil painting (original) sold to private collector . Oil painting (unpublished) embodied in published lithograph •••••••••••••••••••• "Olympiad" .....•.••..••.•..•......•......• "Olympic" ..•..•.........•................. Omission, error, or patent ambiguity •••••• Omission of author's name in records of original registration •••••••••••••••• Omission of copyright notice •••••••••••••• Omission of date of pUblication in application . Omission of name of author •••••••••••••••• Omission of name or date •••••••••••••••••• Omission of notice from relatively small number of copies •••••••••••••••••• Omission of notice in violation of express requirement in writing •••••••••• Omission or error in employment-for hire statement .•......•........••......• Omi t ted year date ••••••••••••••••••••••••• One or more authors, termination of grant executed by ••••••••••••••••••••••• One-party documents, indexing of ••••••..•• Open reel tapes •••••••••••••••••.•••••••••• Oper a ..•.................................. Operation, method of •••••••••••••••••••••• Operations or procedures (business) •••••••• [1984] Page 900-4 900-1, 900-4 900-5 800-39 1600-5, 1600-6 100-3, 1300-6 1600-2 1600-6 900-2 900-9 200-4, 300-6, 400-6 200-4, 300-6, 400-6 1300-6 1300-15 1000-7, 1000-8, 1000-9, 1000-13, 1000-14, 1000-15, 1000-16, 1000-17, 1000-24, 1000-25 900-11 1500-14 1000-15 1000-13 1000-13 1500-15 1000-2, 1000-7 1600-25 1600-11 1000-2 400-17 500-18 500-18
INDEX TO COMPENDIUM II
- 76
Operetta .
opinions and advice •••••••••••••••••••••••
Opposition proceedings •••••.••••••••••••••
optical scanning devices ••••••••.•••••••••
Optional registration of U.S. edition •••••
oral delivery, nondramatic literary
works prepared for ••••••••••••••••••••••
order forms .
orders (religious) ••••••••••••••••••••••••
organization, change or error in name
of ••••••••••••••••••••••••••••••••••••••
organization of American states •••••••••••
organization of American States, works
of .
organizations {fraternal) •••••••••••••••••
organizations, nationality and domicile
of ••••••••••••••••••••••••••••••••••••••
organized territories •••••.•••••••••••••••
original and renewal claims, simulta
neous submission of •••••••••••••••••••••
Original certificate of registration,
return of .
Original deposit, examination of ••.•••••••
original oil painting sold to private
collector .....•..•.•.••.................
Original registration •••••••••.•••••••••••
original registration as condition
to renewal .
original registration, certificate of •••••
original registration, exception to
requirement of •.•...•..•..••..•.••..•.•.
original registration, facts of •••••.•••••
original registration records, author's
name ami t ted in .
Original term of copyright ••••••••••.•••••
400-17
100-7
100-5
300-15, 800-33,
1000-21
1200-2
400-13
200-3, 300-2,
500-18
1300-16
1500-13
1100-6
200-10, 1100-6
1300-16
1100-10
1100-3, 1100-4,
1100-10, 1100-11,
1200-6
1300-7
1500-22
1500-20
900-2
1300-3, 1300-6,
1300-7, 1300-10,
1300-11, 1300-12,
1300-15
1300-11
1300-6
1300-7
1300-10
1300-15
1300-1, 1300-2,
1300-3, 1300-4,
1300-7, 1300-10
[1984J
INDEX TO COMPENDIUM II - 77 originali ty . Ornamentation (standard) •••••••••••••••••• Ornamentation (typographic) ••••••••••••••• Outer mailing or packaging box •••••••••••• Outline map . Outside sources of information •••••.•••••• Overd ub ••••••••••••••••••••••••••••••••••• Overdub of sound recordings ••••••••••••••• Oversize copies . Owner (copyright), authority of ••••••••••• Owner (copyright), authorization by ••••••• Owner (copyr ight) , name of. ••••••••••••••• Owner of copyright is not signer •••••••••• Owner per agreement ••••••••••••••••••••••• Ownership, allocation of •••••••••••••••••• Ownership (copyright), execution of transfers of .........•.•................ Ownership of contribution to collective work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ownership of copyright and material object distinguished •••••••••••••••••••• Ownership of copyright: statement by claimant . Ownership, sale or other transfer of ••••• Ownership, transfer of •••••••••••••••••••• Ownership (transfer of) or sale, dis tribution by . - P - Pacific Islands, Trust Territory of the ••• Packaging or mailing box (outer) •••••••••• "Page" as single side of leaf ••••••••••••• "Page," each side of leaf regarded as ••••• Page (first) of music ••••••••••••••.•••••• Page immediately following title page ••••• "Page," rider considered as •••••••••••.••• Page (title) . Pages, determination of number of ••••••••• Page 200-1, 400-8, 400-12 500-3, 500-5 500-13 1000-24 500-17 1600-12 400-49 400-44 800-16 1000-1, 1000-7, 1000-13, 1000-15 900-1 1000-2, 1000-3, 1000-9 1600-9 1300-32 1500-10 1600-2 300-11 300-13 700-1 900-1, 1100-2 1500-11 900-4 1100-4 1000-24 1000-18 1600-21 1000-18, 1000-19 1000-17 1600-21 1000-17 1600-21 [1984J L
INDEX TO COMPENDIUM II - 78 Painting in oil (unpublished) embodied in published lithograph •••••••••••••••• Painting (original oil) sold to private collector . Paintings · . · . Pantomime . Pantomime, content of ••••••••••••••••••••• Pantomime fixed in videocassette •••••••••• Pan tomime s •••••••••••••••••••••••••••••••• Pantomimes and choreography distin guished . Pantomimes and tableaux distinguished ••••• pantomimes, embodiment of ••••••••••••••••• Paper (graph) . Paper stock used in periodical editions ••• Paper (wrapping) •••••••••••••••••••••••••• Part of work, publication of •••••••••••••• Parties, failure to identify necessary ••••• Partnerships . Parts (separable) published in permanent container, notice on •••••••••••••••.•••• Pa tch, patching . Patent ambiguity, omission, or error •••••• Pa t terns . Patterns (table service) •••••••••••••••••• Patterns (unrepeated random) •••••••••••••• Paupers as applicants ••••••••••••••••••••• Payment by bank draft ••••••••••••••••••••• Payment by check •••••••••••••••••••••••••• Payment by money order •••••••••••••••••••• Payment of fees, form of •••••••••••••••••• payments (excess fee) ••••••••••••••••••••• Penalty of perjury ••••••••••••••••••••••.• Pencil, applications completed in ••••••••• Pencil sharpener shaped like antique car . Pencil signature •••••••••••••••••••••••••• Perceptible (visually) copies ••••••••••••• Perceptible (visually) printouts •••••••••• Perforated metal disks •••••••••••••••••••• Performance before audience (direct or indirect) . [1984J Page 900-9 900-2 500-2 400-15, 400-21, 400-22 400-21 800-38 700-3 400-32 400-22 400-22 500-18 300-10 800-30 900-9 1600-10 1300-16 1000-23 300-33 1300-6 500-1 500-1 500-8 100-9 700-8 700-8 700-8 700-8 700-8 1300-8 700-5 500-12 1600-9 1000-1, 1000-2, 1000-18 1000-20 400-35 700-3
INDEX TO COMPENDIUM II - 79 Performance (live), telecast trans mission of . Performance, nondramatic literary works prepared for . Performance or display (public) ••••••••.•• Performance (private) ••••••••••••••••••••• Performance (public) •••••••••.•••••••.•••• Performer of sound recording, author ship of . Performing arts, works of the •••••.••••••• Periodical (contribution to), transfer of copyright in . Periodical, cyclopedic, or other compos i te work . Periodical issue . Periodical or book (English-language) ••••• Periodicals . Periodicals and books (English-language) first published abroad •••••••••••••••••• Periodicals and composite works, renewal of contributions to •••••••••.••• Periodicals (contributions to), group registration for •••.••••••.•••••••••••.• Periodicals (contributions to), single registration for group of ••••••••••••••• Periodicals or other serials, notice on . Periodicals other than daily newspapers ••• Periodicals that are not collective works . Perjury, penalty of ••••••••••••..••••••••• Permanent allegiance ••••••••.•••.•••••••.• Permanent container, notice on sepa rable parts published in ••••••••••••••.• Permanent legibiity of notice ••••••••..••• Permanent receptacle for copies ••••••••.•• Permanently covered notice •••••••••••••••• Permanently legible notice ••••.••••••••••• Person (deceased) as renewal claimant ••••• Person (deceased) named in notice ••••••••• Person (individual) and not employer, "author" as meaning •.••••••••••••••••••• Personal right of renewal ••••••••••••.•••• Personal service •••••••••••••••••••.•••••• [1984] 400-25 400-13 900-1, 900-4, 900-6 900-6 1100-2 400-38 400-1 f f , , 700-3 1600-9 1300-24 1000-2 1200-3 700-3 1300-12 1300-9 700-4 800-2 1000-18 300-9 300-10 1300-8 1100-2 1000-23 1000-26 1000-20, 1000-22 1000-25 1000-16, 1000-26 1300-31 1000-12 1300-11 1300-18, 1300-31 1600-22
INDEX TO COMPENDIUM II - 80 Persons depicted in photograph ••..••••.••• Persons (group of), distribution to •••••.• Person's mark, attesting authenticity of •••••••••••••••••••••••••••••••••••••• Persons not entitled to terminate ••••••••• Perspective in photographic composi tion . Phonograms, Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their ••••••• Phonograms, definition of producer of •••••••••••••••••••••••••••••••••••••• Phonorecord, classification of claim in words, music, and sound recording 1n •••••••••••••••••••••••••••••••••••••• Phonorecord containers •••••••••••••••••••• Phonorecord labels •••••••••••••••••••••••• Phonorecord or copy deposited, appearance of . Phonorecord of copy, unrestricted public access to . Phonorecord, works embodied in •••••••.•••• Phonorecords . Phonorecords, acceptability for registration of music recorded thereon . Phonorecords and copies distinguished ••••. Phonorecords and sound recordings distinguished . Phonorecords, Best Edition of ••••••••••••• Phonorecords, distribution before 1978 only in form of .••••••••••••••••••• Phonorecords, errors in statements or notice on . Phonorecords (literary, dramatic, or musical material embodied in) •••••••••••• Phonorecords, manufacturing require ments inapplicable to ••••••••••••••••••• Phonorecords (musical, dramatic, or literary works distributed before 1978 on 1 y as) ••.•.••••••.••••••••••••••• Phonorecords, notice on multi-disk collection of . 500-15 900-5 1600-9 1600-27 500-15 1100-3, 1100-7 1100-3 700-7 1000-3, 1000-10, 1000-16, 1000-24 1000-3, 1000-10, 1000-16, 1000-24 900-2 900-4 700-3 1000-2 400-5, 900-7 400-35 400-35 800-49 900-7 1500-18 1000-1 1200-6 1100-13 1000-24 [1984J
INDEX TO COMPENDIUM II - 81 - Phonorecords of musical works, deposit of . Phonorecords of sound recordings •••••••••• phonorecords mul, tiple) Phonorecords phonorecords existence Phonorecords distribute or or or or copies (existing copies (multiple) copies not in copies, offer to ••• . . . •••.•• Phonorecords or copies, purpose of offering to distribute ••••••••••••••• Phonorecords, types of •••••••••••••••••••• Phonorecords which embody music ••••••••••• Photocopied public domain pictorial work ......•................•............ Photocopies or other reproductions of Copyright Office forms •••.••••••••••. Photocopy (legible) •••••••.••••••••••••••• Photocopy of original drawing ••••••••••••• Photocopy ing . photoengraving or lithographic process .••• photoengravings ••••••••••••••••••••••••••• photograph, arrangement or disposition of persons, scenery, or other sub jects depicted in •.•.••.•••••••••••••••. photographic authorship ••••••••••••••••••• photographic composition •••••••••••••••••• photographic prints ••••••••••••••••••••••• photographic prints, color reproduc tions of . photographic works, uncopyrightable ••••••• photographs . photographs, Best Edition of •••••••••••••• photomechanical or electronic process ••••• Phrases, musical ...•.......... ·•.....•..•.. physical basis for separability test •••••• piano (player) rolls •••••••••••••••••••••• pictorial and literary material approximatlyequal ••.•.••••••••••••••••• page 400-5, 900-7 1000-1, 1000-3, 1000-6, 1000-9, 1000-16 900-4 900-2 900-5 900-1, 900-4, 1100-2 900-5 400-35 400-3 500-16 700-5 1600-5 500-15 1200-9 1200-8 500-13, 500-14 500-15 500-15 500-15 500-15 500-13 500-16 500-1, 500-15, 700-3, 1000-1, 1200-5 800-47 1000-21 400-2 500-12 400-5, 400-35 1200-5 [1984J
INDEX TO COMPENDIUM II - 82 Pictorial cartoon pUblished in weekly magazine ••••••••••••••••••••••••• pictorial expression (copyrightable) •••••• pictorial, graphic, and sculptural works . pictorial, graphic, or sculptural work with accompanying text ••••••••••••• Pictorial or graphic design, repetition of ............•...........••• Pictorial or graphic labels ••••••••••••••• Pictorial or graphic material, copyrightabilityof •••••••••••••••••••.• Pictorial or graphic material, minimal standards for ••••••••••••••••••• Pictorial or graphic works published in certain limited editions ••••••••••••• Pictorial or graphic works reproduced in or on sheet-like materials ••••••••••• Pictorial or graphic works (unpub lished) . Pictorial prints and illustrations •••••••• Pictorial work in public domain, photocopy of . Pictorial works .......•...............•... Pictorial works, embodiment of •••••••••••• Pictorial works, notice on •••••••••••••••• Pictorial works, reproductions of ••••••••• Picture postcards ••••••••••••••••••••••••• Pictures . Pin (j ewe 1 ed ) ••••••••••••••••••••••••••••• Place mats (table) •••••••••••••••••••••••• Place of first publication •••••••••••••••• Place of publication, change of •••••.••••• Plan . Plan of action or concept ••••••••••••••••• Plaques (wall) . Plates (printing) ••••••••••••••••••••••••• Play (a work) ...............•..........•.. Play, acting version of •••.••••••••••••••• Player piano rolls ••••.••••••••••••••••••• Plays . See also Dramasr Dramatic works. Plot (dramatic) ••••••••••••••••••••••••••• Poetry . policy (Copyright Office) concerning publication . [1984] J Page 700-6 500-2 500-1 f f . , 700-3 1000-2, 1000-7 800-30 700-3 500-13 500-3 800-23 800-30 800-21 500-13 500-16 500-2, 1200-4 500-1 1000-22 500-14 500-13, 800-4 1200-5 500-10 500-13 1300-8 1500-13 500-5 500-18 500-1 1200-8 900-6 1200-4 400-5, 400-35 1200-5 400-14 700-2 900-1
L INDEX TO COMPENDIUM II - 83 Policy (Copyright Office) on nationality or domicile . Policy (Copyright Office) regarding purported transfers ••••••••••••••••••••• Polka dots . Pornographic works •••••••••••••••••••••••• Port of en try . Position (alternative) of notice on contributions to collective works ••••••• position of notice •••••••••••••••••••••••• position of notice on works published in book form . Postage stamps, refunds made in ••••••••••• Postal or other services, disruption of . Postal Service (U.S.) ••••••••••••••••••••• Postcards . Postcards (picture) ••••••••••••••••••••••• Postdated notice ••••••••••••••••••••••.••• Posters . Posthumous works •••••••••••••••••••••••••• Posthumously, eligibility of work first published ••••••••••••••••••••••••• Pottery on sale at roadside stand ••••••••• Pre-1972 sound recordings originally fixed in monophonic sound ••••••••••••••• Pre-1978 distribution only in form of phonorecords . Pre-1978 Presidential proclamations ••••••• Pre-1978 registration of unpub lished works . Pre-1978 statutory copyright •••••••••••••• Pre-1978 work first published in United States . Pre-1978 works . 1100-9 1600-2 500-10 100-6 1200-10 1000-20 1000-16 1000-17 700-8 1300-5 200-9 1000-2, 100-7 500-13, 800-4 1000-8, 1300-4, 1500-17 500-13 1300-22 1100-12 900-3 400-42 900-7 1100-8 1000-14 1500-12 800-10 400-3, 400-4, 700-4, 800-1, 800-10, 800-43, 800-44, 900-1, 900-7, 1000-4, 1000-14, 1100-1, 1100-13, 1200-1, 1300-1, 1300-3, 1500-5, 1500-12, 1500-16, 1500-17, 1500-18, 1500-19 [1984]
INDEX TO COMPENDIUM II - 84 predetermined number of notes or measures not required for registration of music . preexisting artistic work •••••.••••••••••• preexisting copyrighted material embodied in compilation . preexisting copyrighted material embodied in derivative work ••••••••••••.••••••••• preexisting copyrighted material embodied in nondramatic literary works ••••••••••• preexisting material in compilation, identification of .•••••••••••••••••••••• preexisting material in derivative work, identification of ••.•••••••••••••••••••• preexisting sounds recast in sound recordings . preexisting unpublished screenplay embodied in motion picture ••••••••.••••• preexisting work and sound recording, claimant same for both •••••••••••••••••• preexisting work in sound recording ••••••• Pre face or foreword •••••••••••.••••••••••• Preface (two-page) to 100-page work ••••••• prejudice, recordation without •••••••••••• preliminary form of material deposited •••• preponderantly English-language non- dramatic literary material •••••••••••••• "preponderantly," meaning of •••••••••••••• preponderantly nondramatic literary material . Presentations (slide) ••••••••••••••••••••• presidential proclamation ••••••••••.•••••• Pre s sbook . presumption as to producer's name on sound recordings .............•.......... Previous edition or version, date of pUblication of . Previous titles of work ••••••••••••••.•••• previously pUblished work, new version of •••••••••••••••••••••••••••••••••••••• 400-2 500-14 200-7 200-7, 300-6, 400-6 300-4 700-2 700-2 400-41 900-9 700-3 700-3 1200-5 1200-6 1600-27 900-12 1200-3, 1200-4, 1200-6 1200-5 700-4 500-1 1100-6, 1100-8 400-29, 800-36, 800-37 1000-10, 1000-11 900-12 700-1 900-10 [1984J
INDEX TO COMPENDIUM II - 85 Previously registered work, first published edition of •••••••••••••••••••• previously unpublished material embodied in published work •••••••••••••• Price lists . Prima facie evidence of execution ••••••••• Prima facie evidence of validity •••••••••• Principle of measurement •••••••••••••••..• Principles . Principles (mathematical) ••••••••••••••••• Printed (copies) from type •.••••.••••••••• Printed forms not provided for notices of termination ••••••••••••••••.• Printed in black ink or typewritten .•••••• Printed (legibly) or typewritten full name and address •••••••••••••••.••• Printed or reprinted in Canada •••••.•••••• Printed or typewritten statement •••••••••• Printed signature ••••••••••••••••.••••.••• Printed textual matter (Best Edition) ••••• Printing and binding .•••••••••••••.•.••••• Printing methods (relief or intaglio) .••.• printing plates . Printout . Printouts (visually perceptible) ••••.••••. Prints . Prints or labels (published commercial) ••• pr ints (photographic) •••••••••••••••.••••• Prints (pictorial) and illustrations ••.••• Prints (silk-screen) ••••••••.•••.••••••••• Prints, uncopyrightable elements of ••••••. Prisoners as applicants ••••.•••.••••••••.• Pri vacy Act . Private collector, original oil painting sold to •••••••••••••••.•••••••• Private display ....•.....•..........•..... Private performance •••••.••••••••••••••••• Probate proceedings •••••••••••.•••••••••.• Problems relating to extent of claim, correction of ••••.•••.••••••••••• Problems relating to recorded docu ments, correction of •••.••••••.••••••••• Procedure (apostille) for correction •••••. Procedure (recordation) ••••••••••••••••••• 900-10 900-9 300-8 1600-15 100-3 500-18 200-2, 300-2 500-18 1200-8 1600-23 700-5 1600-25 1200-8 1300-8 1600-9 800-47 1200-9 800-12 1200-8 300-33 1000-20 500-1, 700-3 800-25 500-15 500-13 500-14 500-13 100-9 700-10 900-2 900-6 900-6 1300-18 1500-20 1500-20 1600-16 1600-16 [1984]
INDEX TO COMPENDIUM II
- 86
Procedures .
Procedures for special relief •••••••••••••
Procedures or operations {business) •••••••
Proceedings of societies ••••••••••••••••••
Proceedings {probate) •••••••••••••••••••••
Process {lithographic, mezzotint,
or other) ·
Process, photomechanical or electronic ••••
Processes .
Processes, ideas, or systems ••••••••••••••
Processes {mechanical) ••••••••••••••••••••
Processes (photomechanical) •••••••••••••••
Proclamation (Presidential) •••••••••••••••
Producer of phonograms, definition of •••••
Proofs {reproduction) •••••••••••••••••••••
Producer of sound recording •••••••••••••••
Producer of sound recording,
authorship of .
Producer's name on sound recordings,
presumption as to •••••••.•••••••••••••••
Programmable Read-Only Memory (PROM) ••••••
Programmed routine ••••••••••••••••••••••••
Programs (computer) •••••••••••••••••••••••
Projectionist .
PROM (programmabie Read-Only Memory) ••••••
Property Agreement {Supplemental) •••••••••
Proprietor .
Proprietor {copyright) ••••••••••••••••••••
Proprietor of copyright •••••••••••••••••••
Protected characters, names, and
slogans, use of ...•.••...•..••..••...••.
Protection, eligibility for U.S.
copyright .
Pseudonym in notice •••••••••••••••••••••••
Pseudonymous and anonymous works,
copyright term of •••••••••••••••••••••••
Pseudonymous and anonymous works,
eligibility of ••••••••••••••.•••••••••••
Pseudonymous and anonymous works,
statements regarding identity of
author of .
Pseudonymous author, nationality or
domicile of .
200-2, 300-2
800-43
500-18
700-3
1300-18
1200-4
1000-21~
200-2, 300-2
500-18
500-8, 500-15
500-15
1100-6, 1100-8
1100-3
1200-8
1000-3, 1000-10,
1000-11
400-38
1000-10, 1000-11
300-33
300-34
700-2, 800-33
1000-21
300-33
800-42
1300-32
1300-8
1300-22
200-4, 300-5,
400-6
1500-13
1000-12
900-8
1100-11
1600-1
700-1
[1984J
INDEX TO COMPENDIUM II - 87 Pseu~onymous or anonymous, work othe r than . Pseudonymous works, duration of copyright for . Public access (unrestricted) to copy or phonorecord ••••••••••••••••••••• Public display . Public distribution required •••••••••••.•• Public domain material, reprint of •.•••••• Public domain pictor~al work (photo copied) J••••••••••••••••••••• Public domain textual matter (micro filmed) . Public domain works ••••••••.•••••••••••••• Public library, deposit in •••••••••••••.•• Public ordinances ••••••.•••••••••••••••••• Public performance •••••••.••••••.••••••••• Public performance or display ••••••••••••• Public place, leaving copies in ••••••••••• Publication . Publication, alternative forms of ••••••••• Publication as unit of separate parts or installments ••••••••••••••••••• Publication, change in nationality or domicile after ••••••••••••••••.•••••• Publication, Copyright Office policy concerning •••••••••••.••••••••••• Publication (date of), error in ••••••••••• Publication (date of) omitted in appl ica tion . Publication distribution as ••••••••••••••• Publication (first), acceptable statements of nation of ••••••••••••••••• Publication (first), approximate date of . Publication (first) as basis of renewal of contributions ••••••••••.••••• Publication (first), choice of date of . Publication (first), date and nation of...................................... Publication (first), date of ••.••••••••••• [1984] 700-1 1000-14 900-4 1100-2 900-3 500-17 500-16 500-16 200-5, 300-4, 1200-4 900-4 200-8, 300-5 1100-2 900-1, 900-4, 900-6 900-3 900-lff. 900-5 900-10 1100-12 900-1 1300-6 900-11 900-2 1100-13 900-8 1300-9 900-8 700-2, 900-7 1300-7
INDEX TO COMPL1~DIUM II - 88 publication (first), definition of ••.•••.• publication (first) in a UCC country •••••• Publication (first) in united States •••••• publication (first), nation of ••••.••••••• publication (first) outside of united States ..................••.. ··•·• publication (first), place of ••••••••••••• Publication (first) posthumous •••••••••••• Publication (first), release date as •••••••••••••••••••••••••••••••••••••• Publication (first) within and outside United States, simultaneous ••••••••••••• publication (first), year of •.•••.•••••••• Publication, impossible or improbable date of . Publication in serial form •••••••••••.•••• Publication, incomplete date of ••••••••••• publication, incorrect date of •••••••••••• Publication, indicia of ••••.••.••••••••••• Publication of motion pictures as related to their fixation ••••.•.•••••••• Publication of part of work ••••.•••••••••• Publication of previous edition or version, date of ••••••••..•••••.••••• Publication of recorded literary, dramatic, or musical work ••..••••••••.•• Publication of separate parts or installments . Publication of separate parts or installments, date of •.••••••••••••••••• Publication, offering to distribute as •••••••••••••••••••••••••••••••••••••• Publication (place of), change of ••••.•••• Publication, registration made within five years of •••••••••..••••••••• Published commercial prints or labels ••••• Published copyrighted works, "best ed i.t.Lon " of . Published Copyrighted Works for the Collections of the Library of Congress, "Best Edition" of •.••••••••••• 1100-2 1100-5 1100-5, 1100-11 1100-2 800-11 1300-8 1100-12 900-8 800-11 1000-2, 1000-6, 1000-14 900-11 900-10 900-11 1500-16 900-12 400-27 900-9 ..) 900-12 900-7 900-10 900-12 900-4 1500-13 1000-1, 1000-4, 1000-8, 1000-13, 1000-25 800-25 800-8, 800-46 800-46 [1984J
INDEX TO COMPENDIUM II - 89 Published edition (first) of previously registered work......................... 900-10 Published (later) u.s. edition of work first published outside the united States . 900-10 published lithograph, unpublished oil painting embodied in •••••••••••••••••••• 900-9 Published motion picture, unpublished sculpture embodied in ••••••••••••••••••• 900-9 Published motion pictures ••••••••••••••••• 400-30, 800-37 Published nondramatic literary works •••••• 700-2 published novel, motion picture version of . 700-6 Published (previously) work, new version of . 900-10 Published, unpublished work registered as •••••••...•.••..•••.•.•...•••••••••••. 1500-16 published version, renewal of revised ••••• 1300-33 Published work, deletions or insertions in copies of . 900-12 Published work, previously unpublished material embodied in ••••••••••..•••••••• 900-9 Published work registered as unpub lished . 1500-16 Published work, renewal of later version of ••••••••••••••••••••••••••••.••••••••• 1300-32 Published works ••••••••••••••••••••••••••• 1000-1 Published works, computing term for •.••••• 1300-3 Published works, deposit of •.••••••••••••• 800-4 published works, eligibility of ••••••••••• 1100-5 Published works (identifying material) •••• 800-11 Published works, manufacturing informa tion for . 700-2 Published works, meaning of "complete" deposi t of . 800-5, 800-6 Publishers . 1300-16 puerto Rico, Commonwealth of •••••••••••••• 200-9, 1100-2, 1100-03, 1100-10, 1100-11, 1200-6 Punched cards ••••••••.••.•••.•••••••••••.. 300-15, 800-33, 1000-20 purported transfers, Copyright Office policy regarding •••••••••••••••••••••••• 1600-2 [1984J
INDEX TO COMPENDIUM II
- 90
purpose of offering to distribute
copies or phonorecords ••••••••••••••••••
Puzzlebox or game •••••••••••••••••••••••••
- Q -
Quadr aphonic .
Qualification of executor •••••••••••••••••
Quality of application forms ••••••••••••••
Quality of work .
Quantities (unlimited), importation
~n ••••••••••••••••••••••••••••••••••••••
Quantity and content of deposit •••••••••••
- R -
Racing cars, sounds of ••••••••.•••••••••••
Raised characters for the use of
the blind, copies in ••••••••••••••••••••
RAM {Random-Access Memory) ••••••••••••••••
Random Access Memory (RAM) ••••••••••••••••
Random patterns {unrepeatable) ••••••••••••
Ra r i.t.y , •••••••••••••••••••••••••••••••••••
Re-engineering of sound recordings,
questionabilityof ••••••••••••••••••••••
Read-Only Memory {ROM) ••••••••••••••••••••
Recall of deposit copy of motion
picture .
Receipt (actual), date of •••••••••••••••••
Receptacle (permanent) for copies •••••••••
Reci te .
Reconcilable variance between names •••••••
Record {fundamental copyright) ••••••••••••
Record of deposit, archival •••••••••••••••
Record (original) of registration,
notations of cancellation in ••••••••••••
Record returned to sender, certifi
ca te 0 f .
Recordable document returned at
sender's request ........•....•......•.••
Recordation, amendments in document
submi t ted for .
900-5
1000-23
400-49
1300-18
700-5
200-1
1200-4
800-2, 800-11
400-39
1200-9
300-33 J300-33
500-8
800-43
400-44
300-33
800-41
1300-5
1000-20, 1000-22
900-6
1600-8
1500-1
300-12
700-10
1600-27
1600-17
1600-17
J[1984]
INDEX TO COMPENDIUM II - 91 - Recordation as condition of anno tation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1600-3 Recordation as condition of renewal registration . 1600-3 Recordation, attached material unavailable for .........•............... 1600-13 Recordation, date of •••••••••••••••••••••• 1600-16 Recordation, desirability of •••••••••••••• 1600-3 Recordation, document submitted in error for . 1600-4 Recordation, effective date of •••••••••••• 1600-26, 1600-27 Recordation fee received insufficient ••••• 1600-17 Recordation fees ...••.•................... 700-7 Recordation no substitute for registration . 1600-4 Recordation not required ••••••.••••••••••• 1600-3 Recordation of affidavit or signed statement •••••••••••••••••••••••• 1500-8 Recordation of document, correction or amplification of Copyright Office -records by ...........•.........•........ 1600-16 Recordation of document of transfer ••••••• 1500-11 Recordation of documents ••••••••••••.••••• 1500-2, 1500-7 Recordation of documents, effect of •••••••••••••••••••••••••••••••••••••• 1500-9 Recordation of transfers and other documents pertaining to a copyright ••••• 1600-lff. Recorda t ion procedure ••••••••••••••••••••• 1600-16 Recordation without prejudice ••••••••••••• 1600-17 Recorded document, attached material not essential to •••••••••••••••••••••••• 1600-13 Recorded document, constructive notice of facts stated in ••••.•••••••••• 1600-11 Recorded document, correction of error in . 1500-8 Recorded document part of larger document. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1600-14 Recorded documents, correction of problems relating to.................... 1500-20 Recorded literary, dramatic, or musical work, publication of •••••••••••• 900-7 Recorded musical, dramatic, or literary work and sound recording distinguished ••••••••••••••••••••••••••• 400-33 [1984]
INDEX TO COMPENDIUM II - 92 Recorded sounds accompanying audiovisual work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recorded sounds accompanying motion picture . Recording fees . Recording fees, computation of •••••••••••• Recording (sound) and underlying work, claimant same for both •••••••••••••••••• Recording (sound) jacket •••••••••••••••••• Recording (sound) producer •.•••••••••••••• Recording (sound), underlying work in ••••• Recording (sound), words, and music (classification of claim in phono record containing) ••.••••••••••••••••••• Recordings (sound) ••.••••••••••••••••••••• Recordings (sound), eligibility of •••••••• Recordings (sound), notice on •••••••••.••• Recordings (sound), phonorecords of ••••••• Recordings (sound), presumption as to producer's name on ..........•.....•..... Records (Copyright Office) •••.•••••••••••• Records (Copyright Office), corrections and amplifications of ••••••••••••••••••• Records of original registration, author I s name omitted in •••••.•••••••••. Reels, spools, or containers •••••••••••••• Reference, identity by .••••••.•••••••••••. Reference, incorporation by ••••••••••••••• Reference works . 1000-1 1000-1 1600-18 1600-18ff. 700-3 1000-24 1000-3, 1000-10, 1000-11 700-3 700-7 200-1, 200-6, 300-6, 400-33ff., 700-3, 700-7, 800-7, 800-12, 900-5, 1000-1, 1000-2, 1000-3, 1000-6, 1000-9, 1000-10, 1000-16, 1000-24, 1100-1, 1100-7 1100-1 1000-24 1000-1, 1000-3, 1000-6, 1000-9, 1000-16 1000-10, 1000-11 1300-6, 1300-10, 1300-14, 1300-15, 1300-27, 1500-lff. 1500-lff., 1600-16 1300-15 1000-23 1000-15 1600-14 700-2 [1984J
INDEX TO COMPENDIUM II - 93 Refund of fee payments made by mistake •••• Refunds made in postage stamps .•.••••••••• Refunds of fees .............•.........•... Refusal to register ••.•.••••••.•••..•••••• Register of Copyrights •••••••••••••••••••• Register of Copyrights, all remittances payable to . Register of Copyrights, application form prescribed by •••••••••••••••••••••. Register of Copyrights, authority to specify administrative classes •.•••••••• Registered (previously) work, first published edition of •••••.•••.•••••••.•• Reg istered works, titles of •••••••.••••••• Registrability of derivative computer programs . Registration, amplification of infor mation in . Registration (basic) •••••••••••••••••••••• Registration (basic) a prerequisite ••••••• Registration (basic), annotation on application or catalog entries of ••••••• Registration (basic), cancellation of ••••• Registration (basic), changes in facts occurring since ••••••••••••••••••••••••• Registration (basic), effect of supple mentary registration upon ••••••••••••••• Registration (basic) for new or revised version . Registration, cancellation because of dishonored check ••••.••••••.•••••••••••• Registration, certificate of ••.•••••••.••• Registration, correction of error in •••••• Registration, deposit for •.••••••••••••••• Registration (deposit for), relationship to mandatory deposit of ••••••••••••••••• Registration (deposit requirements for), special relief from •.••••••••••••••••••• Registration (earlier basic), annotation of •••••••••••••••••••••••••••••••••••••• Registration (earlier) not authorized ••••• Registration fee, waiver or reduction disallowed . 700-8 700-8 700-8 100-6 100-1 700-8 700-1 800-2 900-10 1600-11 300-17 700-4 1200-10, 1500-lff. 1500-5 1500-14 1500-13, 1500-20 1500-3 1500-6 1500-18 700-10 100-2, 1200-11 700-4 800-lff. 800-45 800-42 1500-9 1500-21 100-9 [1984J
INDEX TO COMPENDIUM II - 94 Registration fees ••••••••••••••••••••••• •• Registration fees, submission of •••••••••• Registration (group) for contributions to periodicals . Registration made within five years of publication . Registration (new basic) ••••••••••.••••.•• Registration (new basic renewal) •••••••••• Registration number •••••.••••••••••••••••• Registration number in lieu of title •••••• Registration of unpublished works, date of •••••••••••••••••••••••••••••••••••••• Registration (optional) of U.S. edition •.• Registration (original) ••••••••••••••••••• Registration (original) as condition to renewal . Registration (original), certificate of ••• Registration (original), exception to requirement of . Registration (original), facts of ••••••••• Registration (original record of), notations of cancellation in •••••••.•••• Registration (original) records, author's name omitted in •.••.••••••••••• Registration, recordation no substitute for . Registration (renewal) •••••••••••••••••••• Registration (renewal), recordation as condi tion of . Registration (renewal), supplementary registration to correct ••••••••••••••••• Registration, refusal of •••••••.•••••••••• 700-7 700-8 700-4 1000-1, 1000-4, 1000-8, 1000-13, 1000-25 1500-9, 1500-10, 1500-11, 1500-16, 1500-18, 1500-19, 1500-20 1500-9 1200-12 1600-12 1300-4 1200-2 1300-3, 1300-6, 1300-7, 1300-10, 1300-11, 1300-12, 1300-15, 1500-5, 1500-8, 1500-17, 1500-18, 1600-3 1300-11 1300-6 1300-7 1300-10 700-10 1300-15 1600-4 700-4 1600-3 1500-5 100-6 [1984J
INDEX TO COMPENDIUM II - 95 Registration, return of original certi ficate of . 1500-22 Registration (separate) for works embodied only in motion picture soundtracks •••••• 800-32 Registration (single) for group of con tributions to periodicals ••••••••••••••• 800-2 Registration (supplementary) •••••••••••••• 700-4 Registration (supplementary), applicable notice requirements for ••••••••••••••••• 1500-17 Registration (supplementary), application for . 1300-16 Registration (supplementary), certificate of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1500-6 Registration (supplementary), effective date of................................. 1500-25 Registration (supplementary) inappro priate . 1500-4, 1500-10 Registration (supplementary) time limits .• 1500-5 Registration (supplementary) to correct renewal registration ••••••••••••.••••••• 1500-25 Registrations (additional basic) •••••••••. 1500-2 Registrations (completed) corrected by recorda tion . 1500-7 Registrations (full-term) •.••••••••••••••• 1300-12 Registrations (group renewal) ••••••••••••• 1300-11 Registrations, public record of ••••••••••• 100-2 Registrations (separate renewal) of contributions ........................•.. 1300-10 Registrations (supplementary) ••••••••••••• l500-lff. Registrations (supplementary): ampli fications . 1500-3 Registrations (supplementary): correcting or amplifying information in another supplementary registration •••••••••••••• 1500-4 Registrations (supplementary): correc tions................................... 1500-2 Registrations (supplementary): cross- referencing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1500-7 Registrations (supplementary): persons entitled to submit application •••••••••• 1500-6 Registrations (supplementary): their effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1500-6 Regulations, Code of Federal •••••••••••••• 100-2 [1984]
INDEX TO COMPENDIUM II - 96 Regulations (deposit} •••••••••••.••••.•••• Regulations of Copyright Office •••.••••••• Regulations of Library of congress .•••.••. Related images in series •••••••••••••••••• Relations (bilateral} ••••••••..•••••.••••• Relations (copyright) unclear •••••••••.••• Relationship between document and copy right unclear ........•.••.......•....... Relationship of deposit for registration to mandatory deposit •••••••••••••••••••• Relatively small number of copies, omission of notice from ••••••••••••••••• Relatives (blood) •••••••••••.••••••••••••• Release date as first publication ••••••••• Relief models . Relief printing or intaglio ••••••••••••••• Relief (special), annotation when granted . Relief (special): continuous or ongoing grants . Relief (special), denial of •••••••.••••.•• Relief (special) from deposit require ments for registration •••••••••••.•••••• Relief (special): procedures •••••••••••••• Religious orders ..................•....... Remastering . Remittances (all) payable to Register of Copyrights . Remixing ..........................•....... Render ••.•••••••.•••••••••••.••••.••••.••• Renewal Affidavit for a U.C.C. Work •.•••.• Renewal application ••••••••••••••••••••••• Renewal application, annotation of ••••••.• Renewal application, error or ambiguity on •.••••.••.••.••••.•••..••••.•••••••••• Renewal application (late) •••••••••••••••• Renewal application (single) for two editions . Renewal applications (informal} ••••••••••• Renewal applications (separate) .•••••••.•• Renewal "author" defined •••••.••.•••••••.• Renewal by corporate body ••••••••••••••••• Renewal claim, extent of •••••••.•••.•••.•• 800-2 100-2 100-1 400-23 1100-8, 1100-14 1100-8 1600-4 800-45 1000-13 1300-19 900-8 500-16 800-12 800-44 800-44 800-44 800-42 800-43 1300-16 400-49 700-8 400-49 900-6 1300-7 700-4 1300-4, 1300-6, 1300-13, 1300-16 1300-10 1300-13 1300-12 1300-2 1300-13 1300-16 1300-25 1300-32 [1984J
L INDEX TO COMPENDIUM II - 97 Renewal claimant, deceased person as . Renewal claimant, duly authorized agent of . Renewal claimant, employer as ••.•••••••••• Renewal claimant (unnamed) identified by status only . Renewal claimants (joint} ••••••••••••••••• Renewal claimants, single class of •••••••• Renewal claimants, successors or representatives of •••••••••••••••••••••• Renewal claims (adverse} •••••••••••••••••• Renewal claims, simultaneous sub mission of original and ••••••••••••••••• Renewal claims (unacceptable} ••••••••••••• Renewal copyright, notice of •••••••••••••• Renewal, duplicate application for . Renewal, effect of Universal Copy right Convention on ••••••••••••••••••••• Renewal fee . Renewal interests, assignment of •••••••••• Renewal of contributions, first publi cation as basis of •••.•••••••••••••••••• Renewal of contributions to periodicals and composite works ••••••••••••••••••••• Renewal of copyright •••••••••••••••••••••• Renewal of later version of published work . Renewal of revised published version •••••• Renewal, original registration as condi tion to . Renewal, personal right of •••••••••••••••• Renewal registration •••••••••••••••••••••• Renewal registration (new basic} •••••••••• Renewal registration, recordation as condition of .........•......•..•..... Renewal registration, supplementary registration to correct ••••••••••••.•••• Renewal registrations (group) ••••••••••••• Renewal registrations (separate) of contributions ......•.••.........•....... Renewal term (extended} ••••••••••••••••••• 1300-31 1300-8 1300-27 1300-32 1300-28 1300-16 1300-32 1300-29 1300-7 1300-31 1000-26 1300-29 1300-14 1300-3, 1300-5, 1300-6 1300-32 1300-9 1300-9 1300-1 ff. 1300-32 1300-33 1300-11 1300-18 700-4 1500-9 1600-3 1500-5 1300-11 1300-10 1600-1, 1600-22, 1600-27 [1984J
INDEX TO COMPENDIUM II - 98 Renewal term (extended), termination of transfers and licenses granted by author under . Renewal time limits ••••••••••••••••••••••• Renewal year, application received after . Renewal year, application received before . Ren tal . Rental, distribution by •••••••••.••••••••• Rental, lease, or lending ••••••••••••••••• Rental, lease, or lending of musical compos i tions . Repetition of pictorial or graphic des ign . Repetition of same title •••••••••••••••••• Repetitive information on application forms . Report forms . Report, official Copyright Office search . Representational art •••••••••••••••••••••• Representational designs •••••••••••••••••• Representations (cartographic) of area . Representations (pictorial) of area ••••••• Representative (legal) or individual depos i tor . Representatives of renewal claimants •••••• Reprint of public domain material ••••••••• Repro proofs. See Reproduction proofs. Reprocessing of recording originally fixed in monophonic sound ••••••••••••••• Reproduction authorship not regis trable . Reproduction (full-size facsimile) •••••••• Reproduction proofs ••••••••••••••••••••.•• Reproductions (art) ••••••••••••••••••.•••• Reproductions (art) as derivative works . 1600-22 1300-1, 1300-3, 1300-12 1300-6 1300-6 900-1 900-4 1100-2 800-5, 800-30 1600-19 700-5 200-3, 500-18 1300-6 500-2 500-13 500-16, 800-12 500-16 800-39 1300-32 500-17 400-42 500-15 1600-5 1200-8 700-3 500-14 1300-2, 1300-4, 800-7 300-2, J 800-4, [1984]
INDEX TO COMPENDIUM II - 99 Repr~ductions (color) or photographic pr Ln t s •••••••••••••••••••••••••••••••••• Reproductions (design} ••••••••••.••••••••• Reproductions of pictorial, graphic, or sculptural works •••••••••••.••••••••• Reproductions of works of art ••••••••••••• Reproductions or photocopies of Copy right Office forms •••••••••••••••••••••• Reproductions (three-dimensional) of sculpture . Republication of sound recordings ••••••••• Request for issuance of Import Statement . Required deposit, unavailability of ••••••• Requirement for original registration, exception to . Requirement in writing (express), omission of notice in violation of •••••• Requirements (applicable deposit) not met ••••••••••••.••••••••..•••••••••.•••• Requirements (manufacturing) appli cable only to copies •••••••••.•••••••••• Requirements (manufacturing) inappli cable to phonorecords ••••••••••••••••••• Requirements (manufacturing) of works published after 1977 •••••••••••••••••••• Requirements (manufacturing) of works published before 1978 •••••••••••••.••••• Requirements (minimum) for Deposit Accounts •••••••••••...•.••••.••••••.••.• Requirements (statutory) for appli cation forms . Research . Re s ide nee ••••••••••••.••••••.•••••.••••••• Restrict or limit distribution, state ments purporting to ••••••••••••••.•••••• Restricted notice ••••••••••••••••••••••••• Restriction of copyright claim ••••••.••••• Restrictions (manufacturing} •••••••••••••• Resume (spoken) fixed in video cassette . Return of document for amendment •••••••••• Return of document for correction ••.••.••• Return of motion pictures ••.•••••••••••.•• 500-13 500-13 500-14 500-1 700-5 500-14 400-45 700-4 800-43 1300-7 1000-13 1500-19 1200-6 1200-6 1200-1 1200-1 700-9 700-1 300-14 1100-1 900-3 1000-4 1000-4 700-4 800-38 1600-13 1600-16 800-40 [1984]
INDEX TO COMPENDIUM II - 100 Return of original certificate of registration · . Return of recordable document at sender's request •••••••••••••••••••••••• Returned document, initialing of •••••••••• Reverberation · . Reverse notice on decal ••••••••••••••••••• Reverse notice on mold •••••••••••••••••••• Reverse side . Revised or new version, basic registration for •••••••••••••••••••••••• Revised published version, renewal of . Rhythm •••••••••••••••••••••••••••••••••••• Rider considered as "page" •••••••••••••••• Right (personal) of renewal ••••••••••••••• Rightful claimant, statement as to •••••••• Rodin, sculpture by ••••••••••••••••••••••• ROM (Read-Only Memory) •••••••••••••••••••• Roman numerals .••••••••••.•••••••••••••••• Routine or programmed routine ••••••••••••• Royalty payments and license agree ments voluntarily negotiated •••••••••••• Rubber-stamped notice ••••••••••••••••••••• Rubber-stamped signature •••••••••••••••••• Rugs. See Carpeting. Rule of doubt . Rules (slide) . - S - Sale of pottery at roadside stand ••••••••• Sale or other transfer of ownership ••••••• Sale or other transfer of ownership, distribution by ••••••••••••••••••••••••• Same claimant for both sound recording and under lying work ••••••••••••••••••••• Same title repeated ••••••••••••••••••••••• Same title repeated with different descriptive matter •••••••••••••••••••••• Samoa (Amer ican ) •••••••••••••••••••••••••• [1984] 1500-22 1600-17 1600-13, 1600-18 400-49 1000-26 1000-26 1000-23 1500-18 1300-33 400-1 1600-21 1300-18, 1300-31 1500-12 500-14 300-33 1000-7 300-34 1600-1 1000-25 1600-9 100-5, 300-12, 300-20, 300-22, 1000-4, 1200-2 500-18 900-3 900-1, 1100-2 900-4 700-3 1600-19 1600-20 1100-4
INDEX TO COMPENDIUM II - 101 Scanning devices (optical) •••••••••••••••• Scenar io . Scenery . Scenery depicted in photograph •••••••••••• Schedules of sporting events •••••••••••••• Scientific or technical discoveries ••••••• Scientific or technical works, subjects depicted in . Scientific works: architectural and technical drawings and models ••••••••••• Score (cond uctor IS) ••••••••••••••••••••• 0_•• Scorecards . Script (shooting) ••••••••••••••••••••••••• Seul pted bee . Sculptural carving, cutting, molding, casting, shaping, or other processing ••• Sculptural expression (copyrightable) ••••• Sculptural material, minimal standards for . Sculptural, pictorial, and graphic works •• Sculptural, pictorial, or graphic works with accompanying text •••••••••••••••••• Scuptural works . Sculptural works, embodiment of •••.••••••• Sculptural works, notice on •••••••••.••••• sculptural works, reproductions of •••••••• Sculpture . Sculpture, three-dimensional reproduc tiona of ............••..............••.. Sculpture (unpublished) embodied in published motion picture •••••••••••••••• Sculptured lamp base •••••••••••••••••••••• Seal (official) of any diplomatic or consular officer •••••••••••••••••••••••• Seal s, use of protected ••••••••••••••••••• Search report (official Copyright Office) . Secrets (trade) ••••••••••••••••••• ,. ••••••• Secure tests ··.· .. · Self-serving declaration •••••••••.•••••••• Selvage . Selvedge. See Selvage. 800-33, 1000-21 400-15 400-16 500-15 200-3, 300-2 500-18 500-19 500-17 800-7 200-3, 300-2, 500-18 800-36, 800-38 500-10 500-2, 500-9 500-2 500-5 700-3 1000-2, 1000-7 500-lff. 500-1 1000-22 500-14 500-2 500-14 900-9 500-12 1600-6 300-5 1300-6 300-21 300-12, 800-29 1600-3 1000-23 [1984J
INDEX TO COMPENDIUM II
- 102
Sender, certificate of record returned
to .
Separability test, conceptual basis for •••
Separability test for useful articles •••••
Separability test {irrelevant factors) ••••
Separability test, physical basis for •••••
Separable parts published in permanent
container, notice on •••••••••••••• ••••••
Separate applications {renewal) •••••••••••
Separate copyright notice, contribution
published with •••••••••••••••••••••••• ••
Separate editions of periodicals ••••••••••
Separate parts or installments, date
of publication of •••••••••••••••••••• •••
Separate parts or installments, publi
cation of ···
Separate parts or installments, unit
publication of .
Separate renewal registrations of
contributions .
Separate transfer, fee required for
each .
separated name .
Separately registrable works of author
ship fixed in film, videotape or the
1 ike .
Sequential showing of images ••••••••••••••
Serial form, publication in •••••••••••••••
Serial installments ••••••••••••.••••••••••
Serials .
Serials, nondramatic literary works
other than .
Serials, notice on periodicals or other •••
Serials, numerical or chronological
designations on ..................•......
Series of related images ••••••••••••••••••
Series titles, consecutive listing of •••••
Sermons .
Serrated edge of a knife ••••••••••••••••••
Service of advance notice of termina
tion .
Service of notice of termination ••••••••••
Service of notice of termination, date
and manner of .....................•....•
Service {personal) ••••••••••••••••••••••••
Page
1600-27
500-11
500-11
500-12
500-12
1000-23
1300-13
1300-11
300-9
900-12
900-10
900-10
1300-10
1600-18
1000-15
400-32, 800-38
900-6
900-10
1300-13
700-3
700-2
1000-18
700-3
400-23
1600-20
800-5
500-10
1600-22
1600-25
1600-26
1600-22
[1984]
INDEX TO COMPENDIUM II - 103 Services, disruption of postal or other ••• setting of music ..............•..•..•..... setting of type . Shapes of three-dimensional useful articles . Shaping (sculptural) •••••••••••••••••••••• Shareholders. See also Stockholders. Shareholders separate and distinct from corporation . Sheet-like materials, pictorial or graphic works reproduced in or on ••••••• Sheet-like or strip material bearing multiple or continuous reproductions of work, notice on •••••••••••••••••••••• Sheet music . Shipment (collect) •••••••••••••••••••••••• Shipment instructions •••••••••••••.••••••• Shooting script (motion pictures) ••••••••• Shooting script or continuity as re quired description of motion picture •••• Short story published in monthly magazine . Shopping bags . Showing of images in any sequence ••••••••• Signal Carriage Complement, Notices of Identity and . signature (actual) of individual •••••••••• Signature (hand-printed) •••••••••••••••••• Signature (handwritten) ••••••••••••••••••• Signature in pencil ••••••••••••••••••••••• signature, initials or monogram in lieu of . Signature of individuql ••••••••••••••••••• Signature of transferee not required •••••• Signature of transferor •.••••••••••••••••. Signature on notice of termination •••••••• Signature (printed, typewritten, rubber- stamped, or facsimile) •••.•••••••••••••• Signatures required on work-for-hire agreements . Signed statement or affidavit, recorda tion of . signer is not copyright owner ••••••••••••• 1300-5 400-10 1200-8 500-10 500-2, 500-9 1100-10 800-30 1000-23 1000-1 800-40 800-40 800-36, 800-38 400-29 700-6 500-13 900-6 1600-1 1600-5 1600-9 1200-12, 1300-8, 1600-25 1600-9 1600-9 1600-9 1600-7 1600-6 1600-24 1600-9 1600-10 1500-8 1600-9 [1984]
INDEX TO COMPENDIUM II - 104 Signing or initialing, impossibility of ••• Significance of classification •••••••••••• Silk-screen prints •••••••••••••••••••••••• simple combination of standard symbols •••• simultanous first publication within and outside united States ••••••••••••••• Simultaneous fixation of drama •••••••••••• Simultaneous submission of original and renewal claims •••••••••••••••••••••• simulated stereo •••••••••••••••••••••••••• single and multiple titles distin guished . single class of renewal claimants ••••••••• Single copyright term ••••••••.•••••••• ~ ••• single entity, indistinguishable merger of elements into ••••••••••••••••• single-leaf works ••.•••••••••••••••••••.•• Single registration for group of contributions to periodicals •••••••••••• Single renewal application for two editions . Singspiel . Sixty seconds or less, untitled motion pictures or other audiovisual work whose duration is ••••.•••••••••••••••••• Size of periodical editions ••••••••••••••• Sketches (comedy} ••.•••••••••••••••••••••• Slide films . Slide films, works published in ••••••••••• Slide presentations ••••••••••••••••••••••• Slide rules . Slides . Slogans . Slogans, use of protected ••••••••••••••••• Small number of copies, omission of notice from relatively •••••••••••.•••••• II Smokey Bear" ••••••••••••••••••••••••••••• Social dance steps •••••••••••••••••••••••• Societies, proceedings of ••••••••••••••••• So f twa re . sol i loquy . Song lyrics . page 1600-13 700-7 500-14 500-3, 500-5 800-11 400-16 1300-7 400-50 1600-19 1300-16 1300-1 1300-24 1000-18 800-2 1300-12 400-17 1000-21 300-10 400-13 800-33 1000-21 500-1 300-2, 500-18 500-1, 500-15 200-3, 300-1, 400-2 200-4, 300-5, 400-6 1000-13 200-4, 300-6, 400-6 400-19 700-3 300-34 400-15 400-13 [1984J
INDEX TO COMPENDIUM II - 105 sound cards . Sound effects, ideas for •••••••••••••••••• Sound engineering as copyrightable authorship . Sound recording and sounds accompanying audiovisual work distinguished ••••.••••• Sound recording and underlying work, claimant same for both •••••••••••••••••• Sound recording and underlying work distinguished . Sound recording authorship, use of Form SR obligatory for •••••••••••••••••• Sound recording jacket ••••••••••.••••••••• Sound recording producer •••••••••••••••••• Sound recording (reprocessed) originally fixed as monophonic ••••••••••••••••••••• Sound recording, underlying work in ••••••• Sound recording, words, and music, classification of claim in phono record containing ••••••••••••••••••••••• Sound recordings .•........••..........•... Sound recordings, abridgment of ••••••••••• sound recordings, acceptable descrip tions of copyrightable elements in •••••• Sound recordings, additional recorded material in . Sound recordings, ambiguous or unfamil iar terms relating to ••••••••••••••••••• Sound recordings and phonorecords dis tinguished . Sound recordings as derivative works •••••• Sound recordings, authorship of per former . Sound recordings, authorship of pro ducer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [1984J 400-35 400-16 400-38 400-33 700-3 400-33 700-7 1000-24 1000-3, 1000-10, 1000-11 400-42 700-3 700-7 200-1, 200-6, 300-6, 400-33ff., 700-3, 700-7, 800-7, 800-12, 900-5, 1000-1, 1000-2, 1000-3, 1000-6, 1000-9, 1000-10, 1000-16, 1000-24, 1100-1, 1100-7 400-44 400-41 400-41 400-44 400-35 400-39 400-38 400-38
INDEX TO COMPENDIUM II - 106 Sound recordings, classification of ••••••• Sound recordings, compilations of ••••••••• Sound recordings containing previously pUblished elements of motion picture •••• Sound recordings, copyrightability of ••••• Sound recordings (derivative), types of ••••••••••.••••••••••••••••••••••••••• Sound recordings, editing of •••••••••••••• Sound recordings, eligibility of ••••.••.•• Sound recordings, embodiment of ••••••••••• Sound recordings fixed before Febv. 15, 1972, common-law rights in •••••••••••••• Sound recordings fixed before Feb. 15, 1972, State protection for •••••••••••••• Sound recordings, mere republications of •••••••••••••••••••••••••••••••••••••• Sound recordings, minimal contributions to . Sound recordings, non-registrable compilations of ......•.................. Sound recordings, noncopyrightable elements of . Sound recordings, notice on •••••••••••.••• Sound recordings, phonorecords of ••••••••• Sound recordings (pre-1972) origi nally fixed in monophonic sound ••••••••• Sound recordings, presumption as to producer1s name on •••••..•••••••.•.••••• Sound recordings, overdub of •••••••••••••• Sound recordings, preexisting sounds recast in . Sound recordings, re-engineering of •••••.• Sound recordings, requirement of "material added" statement on application for ..................•...... Sound recordings, types of copyright able authorship of ••••.••••••••••••••••• Sound sheets . Sounds accompanying audiovisual work •••••• Sounds accompanying audiovisual work distinguished from sound recording •••••• Sounds accompanying audiovisual work made audible . [1984J Page 400-33 400-44 400-34 400-37 400-41 400-43 1100-1 400-34 400-37 400-37 400-45 400-43 400-45 400-42 1000-24 1000-1, 1000-13, 1000-6, 1000-9, 1000-16 400-42 1000-10, 1000-11 400-44 400-41 400-44 400-40 400-37 400-5, 400-35 400-23 400-33 900-6
INDEX TO COMPENDIUM II - 107 Sounds __ (accompanying) to audiovisual work s . Sounds (musical) recorded •.•••••••.••••••• Sounds of racing cars ••••••••••••••••••.•• Sounds previously published as part of motion picture ............•............. Sounds produced by nature ••••••••••••••••• Sounds produced by non-human sources •••••• Sounds (recorded) accompanying audio visual work . Sounds (recorded) accompanying motion picture . Sounds (spoken) recorded ••••••••••••.••••• Soundtrack as embodiment of muisical work . Soundtrack, deposit requirement for music embodied in ••••••••••••••••••••••• Soundtrack (motion picture) ••••••••••••••• Soundtrack, transcription of •••••••••••••• Soundtracks (motion picture), separate registration for works embodied only In . Soundwheels . Source code . Source code as best deposit •••••••.••••••• Sources (outside) of information •••••••••• Sovereign authority of a foreign nation ••• Sovereign authority of a foreign nation, defini tion of . Special Fourth Class Mail ••••••••.•••••••• Special relief .......••..•.....•......•... Special relief, annotation when granted ••• Special relief: continuous or ongoing grants . Special relief, denial of ••••••••••••••••• Special relief from deposit requirements for registration •••••••••.•••••••••••••• Special relief: procedures •••••••••••••••• Specialized agencies of United Nations •••• Speeches . Spheres (multicolored geometrical) •••••••• [1984J 700-3 400-38 400-39 400-34 400-39 400-39 1000-1 1000-1 400-38 400-4 400-4, 800-32 700-3 800-32 800-32 400-5 300-16, 300-21, 300-22, 300-34, 800-34 300-20 1600-12 1100-3, 1100-5 1100-3 800-41 300-20, 300-21, 800-42ff. 800-44 800-44 800-44 800-42 800-43 1100-6 800-5 500-6
INDEX TO COMPENDIUM II
- 108
Splices, absence of ••••••••••••.• •••••••••
Spoken, musical, or other sounds,
fixation of ···············
Spoken resume fixed in videocasssette •••••
Spoken sounds, fixation of •••.••••.••••.••
Spoken sounds recorded ••••••••••••••••••••
Spools, reels, or containers ••••••••••••••
Spouse (common-law) •••••••••••••••••••••••
Spouse (divorced) •••••••••••••••••••••••••
Stage directions for action •••••••••••••••
Stage settings .....•..•...........•.•....•
Stamps (postage), refunds made in •••••••••
Standard calendars ••••••••••••.•••••.•••••
Standard Modification (Motion Picture
Agreement) ••••.•••••••••••.•••••.•••••••
Standard of measurement •••••••••.•••••••••
Standard ornamentation ••••••••••••••••••••
Standard Reference Data Act •••••••••••••••
Standard symbo 1 s ••••••••••••••••••••••••••
Standard symbols, simple combination of •••
Standards (archival) ••••••••••••••••••••••
Standards (minimal) for pictorial or
graphic material ••••••••••••••••••••••••
Standards (minimal) for sculptural
material .
Star .
Star (five-pointed) •••••••••••••••••••••••
State government works ••••••••••••••••••••
State protection for sound recordings
fixed before Feb. 15, 1972 ••••••••••••••
Stateless author •••••••••••••••.••••••••••
Stateless, definition of ••••••••••••••••••
Stateless person ••••••••••••••••••••••••••
Statement as to rightful claimant •••••••••
Statement ("Best Edition") ••••••••••••••••
Statement (employment-for-hire), error
or omission in .
Statement (Import) ••••••••••••••••••••••••
Page
800-8, 800-36,
800-37
700-3
800-38
700-3
400-38
1000-23
1300-17
1300-17
400-15
400-16
700-8
200-3, 300-2
400-32, 800-39,
800-40
500-18
500-3, 500-5
200-9, 300-5
500-3
500-3, 500-5
700-5
500-3
500-5
500-3, 500-9
500-3, 500-9
200-10
400-37
1100-11
1100-3
1100-5
1500-12
800-8, 800-46
1500-15
700-4, 1200-1,
1200-3, 1200-5,
1200-7, 1200-9,
1200-10, 1200-11,
1200-12, 1200-13
[1984]
INDEX TO COMPENDIUM II - 109 Statement (Import), limit on issuance of •••••••••••••••••••••••••••••••••••••• Statement (Import) not required •.••••••••• Statement (Import), request for ••••••••••• Statement of Account (cable systems) ••••.• Statement of applicant, information at variance with •••••••••••••••••••••••• Statement of copyright ownership by claimant . Statement of facts must be complete and unambiguous . Statement of limitation in notice ••••••••• Statement of nature or extent of authorship, change in •••.••••••.•••••••• Statement (printed or typewritten) •••••.•• Statement (signed) or affidavit, recordation of ...........•..•..•........ Statements (acceptable) of nationality, domicile, and nation of first publi cation . Statements or notices on copies or phonorecords, errors in ••••.•••••••••.•• Statements purporting to limit or restrict distribution •••••••••••.••••••• Statements regarding identity of authors of anonymous or pseudonymous works •••••• Statements relating to death of authors ••• Stationery . Statues . Status only, unnamed renewal claimant identified by . Statutory authority for examination •••••.• Statutory copyright secured before 1978 ••• Statutory provisions (deposit) ••••••••••.. Statutory provisions (publication) •••••••• Statutory requirements for application forms . Stepchildren : Stereo (compatible) ••.••••••.••.•••••••.•• Stereo (enhanced) ••.••.•••.•••••.••.•••••• Stereo (simulated) ..•.••.••••••••••••••••• Stereophonic . [1984] Page 1200-11 1200-10 1200-10 1600-1 900-2 700-1 1600-23 1000-3, 1000-4, 1000-16 1500-15 1300-8 1500-8 1100-13 1500-18 900-3 1600-1 1600-1 500-13, 800-4, 1000-2, 1000-7 800-11 1300-32 100-2 1500-12 800-1 900-1 700-1 1300-17 400-50 400-50 400-50 400-50
INDEX TO COMPENDIUM II - 110 Stockholders ••.•••••.•••••••.••••••••••••• See also Shareholders. Story . Strip or sheet-like material bearing multiple or continuous reproductions of work, notice on ••••••••••.••••••••••• Stripes (chevron design) •••••••••••••••••• Subdivision or agency (governmental) •••••• Submission (simultaneous) of original and renewal claims •••••••••••••••••••••• II Substantial, II meaning of ••••••••••.•••••• Substitute executor ••••••••••••••••••••••• Substitute for registration, recordation is no . Subtitle, addition of ••••••••••••••••••••• Subtitle (descriptive) or translation ••••• Subtitles (different) ••••••••••••••••••••• Stuffed toy animals ••••••.•••••••••••••••• Style and artistic merit •.•••••••••••••••• Stylized art . Subjects depicted in scientific or technical works ................••....... Submission of material ••••••••••.••••.•••• Submission of registration fees ••.•••••••• Subroutine . Succession (testamentary or intestate) •••• Successor executor ••••••••••••••••••••••.• Successor in interest or duly authorized agent •••••••••••••••••••••••• Successor in title or grantee, last known address of . Successors, authors and their ••••••••••••• Successors of renewal claimants ••••••••••• Sufficiency (formal) of document •••••••••• Sufficiency (legal) of notice of termination . Supplemental Property Agreement (Motion Picture Agreement) •••••••••••••• Supplementary registration •••••••••.•••••• Supplementary registration, applicable notice requirements for ••••••••••••••••• Supplementary registration, application for . Supplementary registration, certificate of •••••••••••••••••••••••••••••••••••••• [1984J 1300-26 400-14 1000-23 500-3 1100-3 1300-7 1200-6 1300-18 1600-4 1500-14 1600-21 1600-20 500-1 500-2 500-2 500-19 700-5 700-8 300-34 1300-15 1300-18 1500-7 1600-22, 1600-25 1300-15 1300-32 1600-5 1600-26 400-32, 800-42 700-4 1500-17 1300-16 1500-6
INDEX TO COMPENDIUM II - III Supplementary registration, effective date of . Supp~ementary registration inappro p r La t e •••••••••••••••••••••••••••••••••• Supplementary registration time limits •••• Supplementary registration to correct renewal registration •.••••••••.••••••••• Supplementary registrations •••••••••••.••• Suppl~mentary registrations: amplifi ca t Lon s ••••••••••••••••••••••••••••••••• Supplementary registrations: correcting or amplifying information in another supplementary registration ••••••••••••.• Supplementary registrations: correc tions . Supplementary registrations: cross- referencing . Supplementary registrations: persons entitled to submit application .••••••••• Supplementary registrations: their effect . Supplementary (Transitional and) Pro visions of the current Act •••.•••••••••. Surviving person or persons who executed grant . Sutton Movement Shorthand ••••••••••••••••• Sweetening . Sworn certification ••••••••••••••••••••••• Sworn or official certification •.••••••••• Symbol © .•................................ Symbol ® .•...•..•...................•...•. Symbol, variants of •••.••••••••.•••.•••••• Symbolic value . Symbols (harmonic chord) •••••.•••...•••••• Symbols, lines, numbers, calibrations, and their arrangement ••••.••••••.••••••. Symbols or indicia, works expressed in •••• Symbol s (standard) •••••••.••••.••••.•••••• Symbols (standard), simple combination of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [1984J 1500-25 1500-5, 1500-10 1500-5 1500-5 1500-lff. 1500-3 1500-4 1500-2 1500-7 1500-6 1500-6 400-5, 700-8, 1000-14, 1100-8, 1200-1, 1200-2, 1200-3, 1300-15 1600-23 400-20 400-50 1600-5, 1600-6 1600-2 1000-2, 1000-4, 1000-5, 1300-8 1000-3, 1000-6 1000-4, 1000-11 500-3 400-8 500-18 1200-4 500-3 500-3, 500-5
INDEX TO COMPENDIUM II - 112 Symbols, use of protected •••••.••••••••••• Synopsis (detailed) ••••••••••••••••••••••• Synopsis (motion pictures) •••••••••••••••• System . Systems . Systems, ideas, or processes •••••••••••••• Systems of dance notation ••••••••••••••••• Systems (other calendrical) ••••••••••••••• - T - Table lamp design or model •••••••••••••••• Table place mats •.•.•..................•.• Table service patterns •••••••••••••••••••• Tableau of story or incident •••••••••••••• Tableaux and pantomimes distinguished ••••• Tables taken from public documents or other common sources •••••••••••••••••••• Tag I notice on . Tags or labels . Tape, magnet i c •••••••••••••••••••••••••••• Tape measures and rulers •••••••••••••••••• Tape or film, leader of ••••••••••••••••••• Tapes, audio . Tapes (computer) . Tapes (magnetic) •••••••••••••••••••••••••• Tapes (open reel) •.••••••••••••••••••••••• Tapes (phonorecords) •••••••••••••••••••••• Technical drawings ••••••••••••••••••••••.• Technical models •••••••••••••••••••••••••• Technical or scientific discoveries ••••.•• Technical or scientific works, subjects depicted in . Telecast transmission of live per formance . Telegraphic or similar unsigned written communication ••••••••••••••••••• Telephone books . Term (ad interim) of five years ••••••••••• Term (copyright), computation of •••••••••• Term (copyright) for works made for hire . [1984J 300-5 400-29 800-36, 800-37 500-5 200-2, 300-2 500-18 400-20 900-11 500-6 500-13 500-1 400-15 400-22 300-2 1000-23 1000;,..23 300-34 200-3, 300-2 1000-21 400-35 1200-8 800-33, 1000-20 1000-2 400-5 500-1, 500-17, 700-3, 800-4 500-17 500-18 500-18 400-25 1300-2 300-8 1200-2 1000-14 900-8
INDEX TO COMPENDIUM II - 113 Term (copyright) of anonymous and pseudonymous works •••••••••••••••••••••• Term (extended renewal), termination of transfers and licenses granted by author under . Term for published works, computing ••••••• Term for unpublished works, computing ••••• Term (original) of copyright •••••••••••••• Term (renewal) extended •••••••.••••••••••• Term (s ing Le copyr ight) ••••••••••••••••••• Terminal, notice displayed on ••••••••••••• Termination, advance notice of •••••••••••• Termination, date and manner of service of notice of •••••••••••••••••••• Termination, effective date of •••••••••••• Termination, legal sufficiency of notice of . Termination, legibility of notice of •••••• Termination of grant executed by duly authorized agent •••••••••••••••••••••••• Termination of grant executed by one or more authors . Termination of grant executed by someone other than the author ••••••••••• Termination of Motion Picture Agreement ••• Termination of transfers and licenses .•••• Termination of transfers and licenses granted by author in 1978 or there after . Termination of transfers and licenses granted by author under extended renewal term . Termination of transfers and licenses, time limits for ............•.........•.. Termination, persons not entitled to exercise right of ••••••••••••••••••••••• Termination, printed forms not provided for notices of . Termination, service of notice of ••••••••• Termination, signature on notice of ••••••• [1984] Page 900-8 1600-22 1300-3 1300-4 1300-1, 1300-2, 1300-3, 1300-4, 1300-7, 1300-10 1600-6, 1600-22, 1500-27 1300-1 1000-20 1600-22 1600-26 1600-23, 1600-26 1600-26 1600-26 1600-25 1600-25 1600-25 800-42 1600-1, 1600-22, 1600-27 1600-27 1600-22 1600-22 [1600-27 1600-23 1600-25 1600-24
INDEX TO COMPENDIUM II - 114 Terrestrial maps and atlases •••••••••••••• Territorial areas of the United States •••• Territorial areas under U.s. juris diction . Territorial limitations of U.s. copy right law . Territories (organized) ••••••••••••••••••• Territories (trust) ••••••••••••••••••••••• Territories (unorganized) ••••••••••••••••• Territory (Trust) of the Pacific Islands . Test (separability), conceptual basis for . Test (separability) for useful articles ••• Test (separability), physical basis for ••• Testamentary or intestate succession •••••• Tests . Tests (nonmarketed) ••••••••••••••••••••••• Tests (published) and answer material ••••• Tests (secure) . Text (accompanying), pictorial, graphic, or sculptural work with ••••••••••••••••• Text only, filmstrip containing ••••••••••• Textbooks . Textile fabric . Textile or other fabrics •••••••••••••••••• Textiles and fabrics •.•..•••••••••••••.••• Textual description as registrable choreography . Textual matter (printed), Best Edition of •••••••••••••••••••••••••••••••••••••• Theme (dramatic) •••••••••••••••••••••••••• Three-dimensional containers •••••••••••••• Three-dimensional objects, works reproduced in or on ••••••••••••••••••••• Three-dimensional reproductions of sculpture . Three-dimensional useful articles ••••••••• Three-dimensional useful articles, shapes of . Three-dimensional works •.••••.•••••••••••• 500-16 1100-11, 1200-6 200-9, 1100-3, 1100-4, 1100-11 100-10 1100-3, 1100-4, 1100-10, 1100-11 1200-6 1100-4, 1100-11 1100-4, 1100-11 1100-4 500-11 500-1 500-12 1300-15 300-12 800-29 800-28 800-29 1000-2, 1000-7 700-5 700-2 500-3 800-30 1000-7 400-20 800-47 400-14 800-12 800-11 500-14 500-1, 800-12 500-10 700-3 [1984J
INDEX TO COMPENDIUM II - 115 Three-dimensional works of artistic craftsmanship . Time and light exposure ••••••••••••••••••• Time cards ...............•..•.....•....... Time limits for new basic registrations ••• Time limits for supplementary registra tion.................................... Time limits for termination of transfers and licenses . Time limits (renewal) ••••••••••••••••••••• Time when eligibility is determined ••••••• Title (abbreviated) ••••••••••••••••••••••• Title and author of each work ••••••••••••• Title, appellation of work as ••••••••••••• Title, change or correction of •••••••••••• Title, denomination of work as •••••••••••• Title (different) ••••••••••••••••••••••••• Title (grantee or successor in), last known address of . Title indexing, additional fees for ••••••• Ti t.Le of work .....•.•..•.........•........ Title on identifying material ••••••••••••• Title page . Title page, page immediately following •••• Title, registration number in lieu of ••••• Title repeated (same) ••••••••••••••••••••• Title (same) repeated with different descriptive matter •••••••••••••••••••••• Titles . Titles (alternative) •••••••••••••••••••••• Titles (alternative) of work •••••••••••••• Titles, counting of ••••••••••••••••••••••• Titles given only in covering letter •••••• Titles in series, consecutive listing of . Titles (individual) in collection separately indexed •••••••••••••••••••••• Titles, none given •••••••••••••••••••••••• Titles of registered works •••••••••••••••• Titles (previous) of work ••••••••••••••••• Titles (single and mUltiple) distin guished . [1984] 500-9 500-15 200-3, 300-2 1500-9 1500-5 1600-22 1300-1, 1300-2, 1300-3, 1300-4, 1300-12 1100-12 1600-11 1600-23 1600-19 1500-14 1600-19 1600-11 1600-22, 1600-25 1600-21 700-1 300-19 1000-17 1000-17 1600-12 1600-19 1600-20 200-3, 300-1, 400-2 1600-21 700-1 1600-19 1600-12 1600-20 1500-3 1600-12 1600-11 700-1 1600-19 L
INDEX TO COMPENDIUM II - 116 "Todos los Derechos Reservados" ••••••••••• Tools (work) . Toy animals (stuffed) ••••••••••••••••••••• Toys •••••••••••••••••••••••••••••••••••••• Trade secrets and special relief •••••••••• Transcription of soundtrack ••••••••••••••• Transfer (blanket) •••••••••••••••••••••••• "Transfer," document indexed as ••••••••••• Transfer document: words of conveyance •••• Transfer executed in foreign country •••••• Transfer, fee required for each sepa rate . Transfer, intention manifest to ••••••••••• Transfer, necessary parties should be identified in any document of ••••••••••• Transfer, note or memorandum of ••••••••••• Transfer of copyright in contribution to per iodical . Transfer of copyright to U.S. Govern men t . Transfer of ownership ••••••••••••••••••••• Transfer of ownership of copyright and material object distinguished ••••••••••• Transfer of ownership or sale, distri bution by . Transfer of ownership, sale or other •••••• Transfer, recordation of document of •••••• Transferee as well as transferor should be identified in document of transfer ••• Transferee's signature not required ••••••• Transferor, corporation as •••••••••••••••• Transferor, impersonal legal entity as ••• Transferor, signature of •••••••••••••••••• Transfers and licenses granted by author in 1978 or thereafter, termination of ••• Transfers and licenses granted by author under extended renewal term, termination of ......•.........•.....•.•• Transfers and licenses, termination of •••• Transfers and licenses, time limits for termination of •••••••••••••••••••••• 1000-5 500-11 500-1 500-1, 500-6, 500-7, 500-9, 500-10, 800-12, 1000-2, 1000-7 300-21 800-32 1600-12 1600-2 1600-12 1600-16 1600-18 1600-13 1600-10 1600-2 1600-9 300-5 1500-11 300-13 900-4 900-1, 1100-2 1500-11 1600-10 1600-7 1600-7 1600-7 1600-6 1600-27 1600-22 1600-1, 1600-22, 1600-27 1600-22 [1984J
INDEX TO COMPENDIUM II - 117 Transfers and other documents pertaining to a copyright, recordation of •••••••••• Transfers and other documents, recor dation of . Transfers of copyright ownership, execu tion of It; ••••••••••••••••••• Transfers (purported), Copyright Office policy regarding •••••••..•.•••.••••••••• Transitional and Supplementary Provisions of the current Act •••..••••••••••••••••• Translation of drama •••••.•••••.••••••••.• Translation or descriptive subtitle ••••.•• Translations . Translators . Transliterations •.••••.••••••••..••••••.•• Transmittal, letter of ••••.••••••••••••••• Transposition of music •••••••••••••••••••• Treaties (multilateral copyright) ••••••••• Triadic harmony .............•.......•..... Trust territories ••••.••••••••••••.••••••• Trust Territory of the Pacific Islands •••• Two-dimensional useful articles •••.••••••• Two-dimensional works •.•••••...••••••.•.•. Two editions, single renewal application for . Two forms seem appropriate, classifi cation where . Two or more categories of authorship, classification involving •••••••••••.•••• Two-page preface to 100-page work ••••••••• Two-party instrument •••..•••••••••.••••••• Two-thousand copy limit ••••••••••••••••••• Type, copies pr in ted from ••.••••.••••••••• Type, setting of ...•............•......•.. Type face . Typewritten copies in multiples ••.•••.•••• Typewritten notice ••..•••..•••••..••••••.• 1600-lff. 1600-2 1600-2 1600-2 400-5, 700-8, 1000-14, 1100-8, 1200-1, 1200-2, 1200-3, 1300-15 400-16 1600-21 200-6, 300-6, 300-7, 400-39, 1200-13, 1600-10 1300-16 300-7 1300-5, 1600-12 200-2, 400-2, 400-9 1100-6 400-3 1100-4, 1100-11 1100-4 500-1, 500-9 700-3 1300-12 700-6 700-6 1200-6 1600-7 1200-3 1200-8 1200-8 200-3, 300-3 1200-9 1000-25 [1984J
INDEX TO COMPENDIUM II - 118 Typewritten or legibly printed full name and address . Typewritten or printed in black ink •••.••• Typewritten or printed statement .••••.•.•• Typewritten signature •••••••••••••••.••••• Typographic ornamentation ••••••••••.•••••• Typographic ornamentation, mere varia tions of . Typographical error (minor) .••.••••••••••• Typography . Typography of periodical editions •••••••.• - U U.C.C. See also Universal Copyright Con vention-:- - UCC. See Unversal Copyright Convention. U.C.C. Work, Renewal Affidavit for a .••••• U.S. copyright protection, eligibility for . U.S. copyright subsists, averment that •••. U.S. Customs Service .•••••••••••.•.••••••• U.S. dollars, Bank Draft payable in ••••••• U.S. domiciliary or national, author not..................................... U.S. edition (later published) of work first published outside the United States . U.S. edition, manufacture of ••••.•..•••••• U.S. edition not registered .•••••.•••••••• U.S. edition, optional registration of •••• U.S. Government, applicability of fees to . U.S. Government works •••••.••.•••••••••••• U.S. national or domiciliary •.•.•••••.•.•• U.S. national or domiciliary, author not . [1984J 1600-25 700-5 1300-8 1600-9 500-13 200-3, 500-13 1600-15 500-4 300-10 1300-7 1500-13 1300-8 1200-10 700-9 1200-7 900-10 1200-2 1300-14 1200-2 700-8 200-5, 200-8, 200-9, 200-10, 300-4, 1000-3, 1000-16 1100-5 1200-7
INDEX TO COMPENDIUM II - 119 U.s. national or domiciliary, employer of author is not ••••.••••••••••••••••••• U.s. Postal Service ••••••••••••••••••••••• U.s. Virgin Islands ••••••••••••••••••••••• Unacceptable renewal claim •••••••••••••••• Unacceptable variants ••••••••••••••••••••• Unambiguous and complete statement of facts . Unauthorized earlier registration ••••••••• Unavailability of required deposit •••••••• Uncollectible check ••••••••••••••••••••••• Uncopyrightable cartographic material ••••• Uncopyrightable elements of prints •••••••• Uncopyrightable photographic works •••••••• Undamaged motion pictures ••••••••••••••••• Underlying work and sound recording, claimant same for both •••••••••••••••••• Underlying work in sound recording •••••••• Undeteriorated motion pictures •••••••••••• Unfamiliar terms relating to sound recordings subject to question •••••••••• Uniqueness of work •••••••••••••••••••••••• Unit publication of separate parts or installments . Uni ted Nations . United Nations or its agencies, works of •• United Nations, specialized agencies of . Uni ted States agent ••••••••••••••••••••••• United States, author domiciled outside ••• United States, business office in ••••••••• United States copyright protection, eligibility for •••••••••••••••••••••••• United States Customs Service ••••••••••••• United States, definition of •••••••••••••• United States dollars, Bank Draft pay able a n ••••••••••••••••••••••••••••••••• United States, domiciliary of ••••••••••••• 1200-8 200-9 1100-2, 1100-3, 1100-6, 1200-6 1300-31 1000-4, 100-6, 1000-11 1600-23 1500-21 800-43 700-10 500-17 500-13 500-16 800-8, 800-36, 800-37 700-3 700-3 800-8, 800-36, 800-37 400-44 200-1 900-10 1100-6 200-10, 1100-6 1100-6 800-39 1200-7 800-39 1500-13 700-4 1100-3 700-9 1100-11 [1984J
INDEX TO COMPENDIUM II - 120 united states, fees remitted from out side . united states, first pUblication in ••••••• united states Government, applicability of fees to . united states Government works •••••••••••• united states Government works, publi cation incorporating •••••••••••••••••••• United states, later published u.s. edition of work first published out side the . United States, manufacture in the ••••••••• United states, national of •••••••••••••••• united States, pre-1978 work first pub lished in . united States, simultaneous first publi cation within and outside of •••••••••••• united States, territorial areas of ••••••• united States, work first published outside of . Universal Copyright Convention .••••••••••• See also U.C.C. UnIVersal Copyright Convention, effect on renewal of . universal copyright Convention (UCC) country, itrst publication in ••••••••••• , . d' / ,Un I 1m1te 1mportat1on •••••••.••••••••••••• Unlimited quantities, importation in •••••• Unnamed renewal claimant identified by status only .......•..•••..••......... unorganized territories ••••••••••••••••••• Unpublished and imported versions sub stantially different •••••••••.•••••••••• Unpublished material embodied in pub lished work . 700-9 1100-5, 1100-11 700-8 200-5, 200-8, 200-9, 200-10, 300-4, 1000-3, 1000-16 1000-16 900-10 1200-6 1100-11 800-10 800-11 1100-11, 1200-6 800-11, 900-10 1100-1, 1100-4, 1100-5, 1100-7, 1100-14, 1100-15, 1300-7 1330-14 1100-5 1200-7, 1200-8 1200-4 1300-32 1100-4, 1100-11 1200-10 900-9 [1984J
INDEX TO COMPENDIUM II - 121 Unpublished motion pictures ••••••••••••••• Unpublished nondramatic literary works •••• Unpublished oil painting embodied in published lithograph •••••••••••••••••••• Unpublished, pUblished work registered as .. """"" . " " .. ". ". " """ " . Unpublished screenplay (preexisting) embodied in motion picture •••••••••••••• Unpublished sculpture embodied in published motion picture •••••••••••••••• Unpublished work •••••••••••••••••••••••••• unpublished work registered as pub lished .. " " .. " """ .. " " " " .. " " " . Unpublished works ••••••••••••••••••••••••• Unpublished works (additional material) ••• Unpublished works, computing term for ••••• Unpublished works, date of registra tion of "".""""".""""""."". Unpublished works, deposit of ••••••••••••• Unpublished works, eligibility of ••••••••• Unpublished works (identifying mate rial) . " " " " .. " " " .. " .... " . " " . " .... " " . " " " .. Unpublished works, meaning of "complete" deposit .. " .. "."." .. " "".""""""" . unpublished works (nature of copy) •••••••• unpublished works registered before 1978 .. " " " " " . " "" " " " " " " " " " " unrepeatable random patterns •••••••••••••• Unrestricted gift ••••••••••••••••••••••••• Unrestricted public access to copy or phonor eco rd , """""""""""""""""""""""""""" unsigned document ••••••••••••••••••••••••• Unsigned written communication, tele graphic or similar •••••••••••••••••••••• unspecified fees in Copyright Act ••••••••• Untitled motion picture of sixty seconds or less""",,""""""""""""""""""""" untitled audiovisual work of sixty seconds or less .....•........•.•..•.•••• Use (ordinary), magnification for ••••••••• Use (ordinary), visibility of notice upon" " " " " " " " " " " " " " " • " " " " " " " " " " " " " " " " " " " " Useful article"""""""""""""""""""""""""""" [1984J page 400-29, 800-35 700-2 900-9 1500-16 900-9 900-9 900-2 1500-16 1000-1 800-4 1300-4 1300-4 800-2 1100-5 800-3 800-2 800-3 1000-14 500-8 900-3 900-4 1600-7 1300-2 700-10 1000-21 1000-21 1000-25 1000-26 500-11
INDEX TO COMPENDIUM II
- 122
useful article, label not considered ••••••
Useful articles ·
useful articles, separability test for ••••
useful articles {three-dimensional) •••••••
Useful articles (three-dimensional),
shapes of .
Useful articles {two and three-dimen
sional) .
useful articles (two-dimensional) •••••••••
- V -
Validity doubtful •••••••••••••••••••••••••
validity of claim doubtful ••••••••••••••••
validity, prima facie evidence of •••••••••
Value (aesthetic) of works of art •••••••••
value (commercial) or aesthetic appeal ••••
Value {declaration of) •••.••••••••••••••••
Value {symbolic) ••••••••••••••••••••••••••
variance between information and state
ment of applicant •••••••••••••••••••••••
Variance (reconcilable) between names •••••
Variants {acceptable) •••••••••••••••••••••
variants of word, symbol, or abbrevia
tion .
Variants (unacceptable) •••••••••••••••••••
Variations (musical) ••••••••••••••••••••••
version (later) of published work,
renewal of .
Version (new), importation of •••••••••••••
Version (new) of previously published
work ...................................•
Version (new or revised), basic regis
tra tion for .
Version, renewal of revised published •••••
Version or edition (previous), date
of publication of •••••••••••••••••••••••
Videocassette, pantomime fixed in •••••••••
[1984J
1000-7
200-3, 500-9,
500-10, 1000-2,
1000-7
500-11
800-12
500-10
500-1
500-9
1300-13, 1500-17
1500-17
100-3
500-2, 500-12,
500-13
500-3
800-40
500-3
900-2
1600-8
1000-4, 1000-5,
1000-6
1000-4, 1000-11
1000-4, 10006,
1000-11
400-10
1300-32
1200-12
900-10
1500-18
1300-33
900-12
800-38
INDEX TO COMPENDIUM II - 123 Videocassette, spoken resume fixed in •• videodisk . Videotape . Videotape, separately registrable works of authorship fixed in •••••••.•••••••••• vinyl disks . Virgin Islands (U.S.) ••••••••••••••••••••• Visibility of notice upon ordinary use •••• Visual arts, works of the ••••••••••••••••• visual distortions (motion pictures) •••••• Visually perceptible authorship (audiovisual work) •••••••••••••••••••••• Visually perceptible copies ••••••••••••••• Visually perceptible copies, notice on musical works published in •••••••••••••• Visually perceptible printouts •••••••••••• volume and issue number ••••••••••••••••••• vouchers . - W - Waiver (discretionary) of fees •••••••••••• Waiver or reduction of registration fee di sa llowed . Walking steps or "jumping jacks" •••••••••• Wall plaques . Wallpaper . Waltz dance step •••••••••••••••••••••••••• warning letter . See also cautionary letter. Warning letters ••••••••••••••••••••••••••• Wearing apparel ••••••••••••••••••••••••••• Weekly magazine, pictorial cartoon pub lished in . Weight . Weight charts . Wlleel dials . Widowers, widows, and chi Idren •••••••••••• Widows, widowers, and children •••••••••••• [1984J 800-38 400-25, 400-31 400-25 800-38 400-35 1100-2, 1100-3, 1100-6, 1200-6 1000-26 700-3 800-8, 800-36, 800-37 400-24 1000-1, 1000-2, 1000-5, 1000-18 1000-18, 1000-19 1000-20 1000-18 500-18 700-8 100-9 400-18 500-1 800-30 400-19 1000-7, 1000-8 100-5 800-32 700-6 800-43 200-3, 300-2 300-2, 500-18 1300-16 1300-16
INDEX TO COMPENDIUM II
- 124
Wi fe .
Wi 11 •••••••••••.•.•••.•..•••••••...•..••••
"woodsy Owl II ••••••••••••••••••••••••••••••
Word II Copyr ightII ••••••••••••••••••••••••••
Word, variants of .
Words accompanying music ••••••••••••••••••
Words (accompanying) to musical works •••••
Words and short phrases •••••••••••••••••••
Words, music, and sound recording,
classification of claim in phono
record containing •••••••••••••••••••••••
Words, numbers, or other verbal or
numerical symbols or indicia {works
expressed in) .
Words of conveyance in transfer docu
men t s •••••••••••••••••••••••••••••••••••
Words of conveyance, lack of clear ••••••••
Work, alternative titles of •••••••••••••••
Work (audiovisual), recorded sounds
accompanying .
Work, changes in content of •••••••••••••••
Work (derivative) or compilation, iden
tification of preexisting material in •••
Work, failure to identify •••••••••••••••••
Work first published outside the united
states .
Work first published outside the united
states, later published u.s. edition
of .
Work-for-hire agreements, signatures
requ ired on .
Work made for hire ••••••••••••••••••••••••
Work made for hire, nationality or
domicile in case of •••••••••••••••••••••
Work other than anonymous or pseud
onymous •••••••••••••••••••••••••••••••••
Work (published), renewal of later
version of .
Work, title and author of each ••••••••••••
[1984]
1300-17
1300-18, 1300-19,
1300-20, 1300-21,
1300-29, 1600-22
200-4, 300-6,
400-6
1000-2, 1000-4,
1000-5
1000-4, 1000-11
400-13
700-3
200-3, 300-1,
400-2
700-7
1200-4
1600-12
1600-13
700-1
1000-1
1500-18
700-2
1600-11
900-10
900-10
1600-10
700-1, 1100-1
1100-9
700-1
1300-32
1600-23
INDEX TO COMPENDIUM II - 125 Work, title of . Work tool s . Work (underlying) and sound recording, claimant same for both •••••••••••••••••• Work (underlying) in sound recording •••••• Work (unpublished) ••••••••••.••••••••••••• Works, administrative classification of . Works (audiovisual) ••••••••••••••••••••••• Works (choreographic) ••••••••••••••••••••• Works (collective), classification of contributions to ••••••••••••••••••••• Works (collective), contributions to •••••• Works (collective), notice on contri butions to . Works (composite) ••••••••••••••••••••••••• Works containing classified information ••• Work's contents, disclosure of •••••••••••• Works copyrighted before 1978 ••••••••••••• Works (Copyrighted) for the Collections of the Library of Congress, "Best Edition" of Published •••••••••••••• ~ •••• Works (derivative), classification of ••••• Works distributed before 1978 only as phonorecords . Works (dramatic) •••••••••••••••••••••••••• Works (dramatic, musical, pictorial, and graphic) . Works (dramatico-musical) ••••••••••••••••• Works embodied in phonorecord ••••••••••••• Works embodied only in motion picture soundtracks, separate registration for . [1984] 700-1 500-11 700-3 700-3 900-2 700-1 700-3 700-3 700-6 1000-2 1000-19 1300-9, 1300-10, 1300-11, 1300-24, 1300-25 100-6 900-3 400-3, 400-4, 700-4, 800-1, 800-10, 800-43, 800-44, 900-1, 900-7, 1000-4, 1000-14, 1100-1, 1100-13, 1200-2, 1300-1, 1300-3, 1500-5, 1500-12, 1500-16, 1500-17, 1500-18, 1500-19 800-46 700-6 1100-13 700-3 1200-4 1300-24 700-3 800-32
INDEX TO COMPENDIUM II - 126 works existing in more than one medium, Best Edition of ••••••••••••••••••••••••• Works expressed in words, numbers, or other verbal or numerical symbols or indicia . Works in languages other than English ••••• Works in languages other than English. See also Foreign-language works. Works in public domain •••••••••.•.•••••.•• Works (machine-readable) •••••••••••••••••• Works made for hire, copyright term of •••• Works made for hire, duration of copy right for............................... Works made for hire, employers in the case of . Works made for hire (motion pictures) ••••• Works (musical) ...........•............... Works of applied arts ••••••••••••••••••••• Works of art . Works of artistic craftsmanship ••••••••••• Works of authorship fixed in film, videotape, or the like, which are separately registrable •••••••••••••••••• Works of fine art ••••••••••••••••••••••••• Works of multiple parts •••••••••.••••••••• Works of Organization of American States . Works of the performing arts •••••••••••••• Works of the visual arts ••••••••.••••••••• Works of U.S. Government •••••••••••••••••• Works of United Nations or its agencies ••• Works (posthumous) ••••••••••••••••••.••.•• Works (published) ••••••••••••••••••••••••• Works published after 1977, manufac turing requirements of •••••••••••••••••• Works published before 1978, manufac turing requirements of •.•••••••••••••••• Works (published), computing term for .•.•• Works published in book form, position of notice on . Works published in film, filmstrips, or slide films . 800-50 1200-4 1200-4 200-5, 300-4, 1200-4 800-33 900-8 1000-14 1300-16, 1300-26 400-28 700-3 700-3 500-1 500-1 400-32, 800-38 700-3 800-5, 800-12 200-10, 1100-6 400-l£f., 700-3 700-3 200-5, 200-8, 200-9, 200-10, 300-4, 1000-3, 1000-16 200-10, 1100-6 1300-22 1000-1 1200-1 1200-1 1300-3 1000-17 1000-21 [1984]
INDEX TO COMPENDIUM II - 127 Works published in microform ••••••.••••••• Works (published), manufacturing information for .....•...•.....•.••...... Works (reference) ••••••••••••••••••••••••• Works registered as unpublished before 1978 . Works (registered), titles of ••••••••••••• Works reproduced in machine-readable copies . Works reproduced in or on three dimensional objects •••••••••••••.••••••• Works (separately registrable) fixed in film, videotape, or the like ••••••••• Works (single-leaf) •••••••••••.••••••••••• Works (three-dimensional) •••.••••••••••••• Works (two-dimensional) ••••••..••.•••••••• Works (unpublished) •••••••••..•••••••••••. Works (unpublished), computing term for . Works (unpublished), date of regis tration of . Wrapper (disposable) •••••••••••••••••••••• Wrapping paper . Wrapping paper or the like •••••••••••••••• Writing, instrument in •••••••••••••••••••• "Writings" of "Authors" ••••••.••••••••.••• Written communication (telegraphic or simi lar uns igned) ••.•••••••••••••••.• Wrong name given as claimant •••••..••••••• - X - Y - Year (calendar), end of ••••••••••••••••••• Year date dispersed ••••••••••.•••.•••••••• Year date, form of . Year date in Library of Congress Catalog Card Number ••••••••••.•••••••••• 1000-21 700-2 700-2 1000-14 1600-11 1000-20 800-11 800-38 1000-18 700-3 700-3 1000-1 1300-4 1300-4 1000-24 800-30 500-13 1600-5 100-1 1300-2 1500-12 1300-1, 1300-2, 1300-3, 1330-4, 1300-13 1000-8 1000-7 1000-9 [1984]
INDEX TO COMPENDIUM II - 128 Year date in notice ••••.••••••.••••••••••• 1000-7, 1000-8, 1000-9, 1000-14 Year date in notice, more than one •••••••• 1000-9 Year date (omitted) •••••••.•••••••.••••••. 1000-2, 1000-7 Year of creation of work •••••••••••••••••• 700-2 Year of first publication ••••••••••••••••• 1000-2, 1000-6, 1000-14 Year (renewal), application received after. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1300-6 Year (renewal), application received before. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1300-6 - Z [1984] *u.s. GOVERNMENT PRJ NT! NG OFF JCE 1985 465-063/206213
21 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.
OCR transcription for search; preserved printed pages are authoritative
<!-- PageHeader="COMPENDIUM II" --> # COMPENDIUM OF COPYRIGHT OFFICE PRACTICES Under the Copyright Law Which Became Fully Effective on January 1, 1978, Including Title 17 of the United States Code and Amendments Thereto COPYRIGHT OFFICE THE LIBRARY OF CONGRESS WASHINGTON, D. C. 20559 <!-- PageBreak --> <!-- PageBreak --> <!-- PageHeader="PREFACE" --> This Compendium (designated as Compendium II) reflects Copyright Office practices under the copyright law which became fully effective on January 1, 1978, including Title 17 of the United States Code and amendments thereof. An earlier Compendium (now called Compendium I) was issued a number of years ago to reflect Copyright Office prac- tices under the Copyright Act of 1909, as amended. Compendium I applies to Copyright Office actions, in situations which it covers, where the provisions of the Copyright Act of 1909, as amended, are dispositive. The Compendium is a manual intended primarily for the use of the staff of the Copyright Office as a general guide to its examining and related practices. It is not a book of rules that is meant to provide a ready-made answer to all questions that arise. Any new case presented to the Office may require special analysis. The practices of the Copyright Office are subject to constant review and modification in the light of new experience and continuing reappraisal. Accordingly, additions, deletions, and other amendments will be made from time to time. The Copy- right Office will provide an up-to-date copy of the Compendium for public inspection and copying. The Office will likewise maintain a separate record of all material withdrawn from the Compendium as superseded. Section 201.1(b) (3) of the Copyright Office Regulations, Title 37 of the Code of Federal Regulations, which are author- ized under section 702 of the current copyright law, provides for a compendium of Office practices. Copies of Compendium II are available for purchase from the Superintendent of Documents, United States Government Print- ing Office, as a looseleaf publication; amendments and supple- ments will be published by the Superintendent of Documents in the form of additional or replacement pages as such changes are made. Copies of the earlier Compendium (Compendium I) may be purchased from the National Technical Information Service, United States Department of Commerce. -000- <!-- PageFooter="[1984]" --> <!-- PageBreak --> ر ر <!-- PageBreak --> ## TABLE OF CONTENTS Number Title 100 BASIC POLICIES 200 COPYRIGHTABLE MATTER: IN GENERAL 300 COPYRIGHTABLE MATTER: NONDRAMATIC LITERARY WORKS 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS 500 COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC AND SCULPTURAL WORKS 600 REGISTRATION PROCEDURES [IN PREPARATION] 700 APPLICATIONS AND FEES 800 DEPOSIT FOR REGISTRATION 900 PUBLICATION 1000 NOTICE OF COPYRIGHT 1100 ELIGIBILITY 1200 MANUFACTURING PROVISIONS 1300 RENEWAL OF COPYRIGHT 1400 GROUP REGISTRATIONS [IN PREPARATION] 1500 CORRECTIONS AND AMPLIFICATIONS OF COPY- RIGHT OFFICE RECORDS; SUPPLEMENTARY REGISTRATIONS 1600 RECORDATION OF TRANSFERS AND OTHER DOCU- MENTS PERTAINING TO A COPYRIGHT INDEX TO COMPENDIUM II <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageBreak --> <!-- PageHeader="Chapter 100" --> ## BASIC POLICIES Outline of Topics 101 Basic policies. 102 The constitutional provision. 103 The copyright law. 104 105 106 107 The Copyright Office. Statutory authority for examination. Copyright Office Regulations. The establishment, maintenance, and availability of a public record. 108 The examination process. 108.01 Nature of examination. 108.02 Scope of examination. 108.03 Comparison of works. 108.04 Extent of copyright claims. 108.05 Factual determinations. 108.06 Adverse claims. 108.07 Rule of doubt. 108.08 Cautionary or warning letters. 108.09 Refusal to register. 108.10 Obscene or pornographic works. 108.11 Works containing classified information. 109 Communications between the applicant and the Copyright Office. 109.01 In general. 109.02 Copyright Office communications. 109.03 Opinions and advice. 109.04 One letter concerning more than one application. 109.05 Communications from applicants. 109.06 Languages. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 100 BASIC POLICIES Outline of Topics" --> 110 ### Applicants. 110.01 Minors. 110.02 Mental incompetents. 110.03 Prisoners. 110.04 Paupers. 110.05 Agents. 110.06 Attorneys. 110.07 False representation. 111 Territorial limitations. 112 Recordations and Import Statements. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="CHAPTER 100 BASIC POLICIES" --> Basic policies. Set forth below are the policies upon which the examining and related practices of the Copyright Office are based. 101 102 The constitutional provision. The Constitution of the United States provides, in Article 1, Section 8, that the "Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." 103 The copyright law. The U.S. copyright law is based upon the above provision of the Consti- tution, especially as it relates to the "Writings" of "Authors." The current copyright law is the Copyright Act which became fully effective on January 1, 1978, including Title 17 of the United States Code, and amendments thereof. The previous law was the Copyright Act of 1909, as amended. 104 The Copyright Office. The copyright law provides that all administrative functions and duties which it imposes are, except as otherwise specified, the responsibility of the Register of Copyrights as director of the Copyright Office of the Library of Congress and that the Register, together with sub- ordinate officers and employees of the Office, shall be appointed by the Librarian of Congress and shall act under the Librarian's general direction and supervision. See 17 U.S.C. 701 (a) . The Copy- right Office is a department of the Library of Congress, and the Register of Copyrights is also Assistant Librarian of Congress for Copyright Services. In addition to its principal function, which is the performance of all duties relating to the registration of copyrights, the policies and practices of the Copyright Office are also designed to promote the overall objectives of the Library of Congress. See the Library of Congress Regulations, LCR 215. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 106 Statutory authority for examination. Section 410(a) of the current law specifies that when, "after examination, the Register determines that . . . the material deposited constitutes copyright- able subject matter and that the other legal and formal requirements . . . have been met, the Register shall register the claim and issue to the applicant a certificate of registration under the seal of the Copyright Office." Section 410 (b) provides that in "any case in which the Register of Copyrights determines that . . . the material deposited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, the Register shall refuse registration and shall notify the applicant in writing of the reasons for such refusal." Section 205(a) states that any "transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Copyright Office." These provisions, together with other pertinent sections of the law, constitute the statutory basis for the examining and related practices of the Copyright Office. Copyright Office Regulations. The Register of Copyrights is authorized by section 702 of the copyright law to establish, subject to the approval of the Librarian of Congress, regulations not inconsistent with law for the administration of the functions and duties made the responsibility of of the Register. The Copyright Office Regulations, including those relating to examination, registra- tion, and recordation, are embodied in Title 37 of the Code of Federal Regulations. 107 The establishment, maintenance, and availability of a public record. The foregoing constitute the basis for the establishment and maintenance by the Copyright Office of a reliable and useful public record which includes all registrations of copy- right claims and recordations of documents pertaining to copyrights. This record is made available to the public by the Copyright Office through (1) the issuance of certificates of copy- right registration which attest that registration <!-- PageFooter="[1984]" --> <!-- PageBreak --> The establishment, maintenance, and availability of a public record. (cont'd) has been made and which may constitute prima facie evidence of the validity of the copyright and of the facts stated in the certificate, (2) the publication of the Catalogs of Copyright Entries, which provide the basic facts of registration for all registered works, (3) the issuance of certi- ficates certifying that transfers of copyright ownership or other documents pertaining to copy- rights have been recorded, (4) the issuance of certified copies of applications, deposit copies, documents, and various other materials submitted to the Copyright Office in connection with registra- tions and recordations, (5) the maintenance in the Copyright Office of the Copyright Card Catalog, for public use in searching for completed registrations and recorded documents, and (6) the providing of a Copyright Office reference service to furnish, by means of written search reports, the facts of registration and recordation contained in the files of the Office. This system depends, for its reliability and usefulness, primarily upon the examination process. 108 The examination process. The examination process, which is the principal means of creating and main- taining a reliable and useful public record, includes the examination of (1) the copies or phonorecords of works submitted for registration, (2) the application for registration, (3) all other material and correspondence submitted with the claim, and (4) copies of any Copyright Office correspondence relating to the registration of the claim. 108.01 Nature of examination. Examination is made to determine (1) whether or not the work for which registration is sought constitutes copy- rightable subject matter and (2) whether or not the other legal and formal requirements have been met, including those set forth in the Copyright Office Regulations and in the Com- pendium of Copyright Office Practices. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### The examination process. (cont'd) 108.02 Scope of examination. The Copyright Office registers claims to copyright whenever the requirements of the law appear to be met. It does not grant copyrights. 108.03 Comparison of works. The Copyright Office does not generally make comparisons of copyright deposits to determine whether or not particular material has already been registered. 108.04 Extent of copyright claims. In general the registration of a claim to copyright is con- sidered to extend to all the component parts of the work which are the subject matter of copy- right and in which the applicant has the right to claim on the basis of the particular appli- cation under consideration. Where part of the work was previously published or was covered by a previous registration, the copyright claim as reflected in the application should generally be limited to the new material covered by the claim being registered. Also, where a work contains material which is unpublished and unregistered, and where the claim does not extend to such material, the application should reflect this limitation in the scope of the registration. Moreover, the coverage of a registration cannot, subject to certain exceptions, extend beyond the material deposited to make that registration. 108.05 Factual determinations. In connection with its examining and related activities, the Copyright Office does not ordinarily make findings of fact with respect to publication or any other thing done outside the Copyright Office. 108.05 (a) Requests for explanation. The Copyright Office reserves the right to request, in appropriate cases, explanations of state- ments made by an applicant. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="100-5" --> ### The examination process. (cont'd) 108.05 Factual determinations. (cont'd) 108.05 (b) Administrative notice. The Copyright Office may take notice of matters of general knowledge. It may use such knowl- edge as the basis for questioning applica- tions that appear to contain or be based upon inaccurate or erroneous information. 108.06 Adverse claims. The sequence of receipt in the Copyright Office of separate claims by two or more applicants plays no part in determining registrability. Where the Copyright Office is aware that two or more persons or organizations are adversely claiming copyright in, and are seeking separate registrations for, the same material, the Office may inform each applicant of the existence of the other claim(s) and inquire concerning the basis of each claim. All such claims will be registered if they are reasserted and if they are in order as con- firmed by the response to the Copyright Office inquiry. The Copyright Office does not conduct "opposition" or "interference" proceedings such as those provided by the Federal trademark and patent laws. 108.07 The rule of doubt. The Copyright Office will register the claim even though there is a reasonable doubt about the ultimate action which might be taken under the same circum- stances by an appropriate court with respect to whether (1) the material deposited for registration constitutes copyrightable subject matter or (2) the other legal and formal requirements of the statute have been met. 108.08 Cautionary or warning letters. When regis- tration is made under the rule of doubt, the Copyright Office will ordinarily send a letter to the applicant cautioning that the claim may not be valid and stating the reason; and such letter may warn, where appropriate, that the <!-- PageFooter="[1984]" --> <!-- PageBreak --> The examination process. (cont'd) Cautionary or warning letters. (cont'd) 108.08 problem may exist for future works and point out how it can be avoided. The Office may send the letter and withhold the application until specifically authorized by the applicant to make registration, or it may make registra- tion before sending the letter. 108.09 Refusal to register. The Copyright Office will not register a claim where (1) the material deposited does not constitute copyrightable subject matter or (2) the claim is invalid for any other reason. See also section 108.07 above concerning the rule of doubt. The Office will notify the applicant in writing of the reasons for such refusal. 108.10 Obscene or pornographic works. The Copyright Office will not ordinarily attempt to examine a work to determine whether it contains material that might be considered obscene or pornographic. 108.11 Works containing classified information. When, in examining or processing materials received in the Copyright Office, it is noted that such material contains, or reasonably appears to contain, information classified by the U.S. Government for such reasons as national defense or national security, (1) the appropriate security official of the Library of Congress should be immediately notified through super- visory channels, (2) the material should be held or disposed of in accordance with instructions from that official, and (3) the examination or other processing of the material by the Copyright Office should be suspended until the matter is resolved. 109 Communications between the applicant and the Copy- right Office. Communications between the Copyright Office and applicants may be by letter or other written means, by telephone, or by personal inter- view. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="100-7" --> 109 Communications between the applicant and the Copy- right Office. (cont'd) 109.01 In general. As a general policy the Copyright Office may register claims without communica- ting with the applicant whenever possible. The Copyright Office will communicate with the applicant before registration only when the claim as a whole is not in substantial compli- ance with the practices of the Copyright Office as reflected in this Compendium. 109.02 Copyright Office communications. All Copyright Office communications should be clear in meaning, concise in statement, and polite in tone. 109.03 Opinions and advice. Copyright Office communi- cations that result from the examination of claims should be limited to questions concern- ing registration and related matters. They should conform to the general policy of the Copyright Office by avoiding the expression of opinions or the offer of advice on such matters as the rights of persons in connection with contracts or alleged infringements. Also, there should be no offer or undertaking to resolve disputes concerning conflicting claims to copyright or similar matters. See section 108.06 above, concerning adverse claims. 109.04 One letter concerning more than one applica- tion. When more than one application is sub- mitted to the Copyright Office by an applicant in one package, the Office will ordinarily attempt to deal in a single letter with all of those applications which require correspon- dence, rather than produce a separate letter for each one. Also, the Office may deal in one letter with materials received separately from a single applicant. 109.05 Communications from applicants. The Copyright Office will generally consider all statements and materials submitted by applicants. However, any abusive or scurrilous written materials <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="100-8" --> 109 Communications between the applicant and the Copy- right Office. (cont'd) 109.05 Communications from applicants. (cont'd) 109.06 directed to the Office or any of its employees will be returned unanswered; see 37 C.F.R. 201.2(c) (4). Similarly, Copyright Office employees will terminate any conversation or interview, if an applicant makes abusive or scurrilous statements, or engages in threatening behavior. Languages. The Copyright Office will ordi- narily write to applicants only in the English language and will ordinarily conduct conver- sations and interviews with applicants only in English. As a general rule, the Office is willing to entertain applications and record documents that are in languages other than English, and to deal with correspondence from applicants which is in a language other than English. In special cases, however, the Office may require the submission of an English translation of statements on applications, documents, or correspondence before it takes action. 110 Applicants. The applicant for registration may be the author or other copyright claimant, or the owner of exclusive right (s) in the work. Moreover, a duly authorized agent may apply for registration on behalf of such author, claimant, or owner. 110.01 Minors. The author, claimant, or owner can be a minor, even though State law may regulate or control business dealings involving minors. The Copyright Office will generally accept an application submitted either by a minor or by the minor's parents or guardian, if it is otherwise in order. 110.02 Mental incompetents. The author, claimant, or owner can be a mentally incompetent person. If a committee or guardian has been appointed for a person adjudged to be incompetent, such committee or guardian should generally serve as agent of the applicant. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## 100-9 110 Applicants. (cont'd) 110.03 Prisoners. The author, claimant, or owner can be an inmate of a prison or other penal insti- tution. The Copyright OFfice will generally accept an application submitted by such a person as applicant, if it is otherwise in order. 110.04 Paupers. There is no provision of law which requires or permits the waiver or reduction of the registration fee or any other registration requirement of the copyright law on the grounds that the applicant is a pauper or is otherwise impecunious. 110.05 Agents. Any duly authorized agent may act on behalf of the applicant. The Copyright Office will generally accept the statement of a person that he or she is acting as the agent of the author, claimant, or owner. However, the Office may, in special cases, request such agent to submit documentation showing that he or she is empowered to act for the author, claimant, or owner. Where such author, claimant, or owner is other than a natural person ( for example, where a corporate entity is the claimant), the application must be sub- mitted by a natural person acting as agent. The name of a corporate entity or other organi- zation is not acceptable as the signature of the applicant or agent unless it is accompanied by the signature of a natural person authorized to sign on behalf of such entity or organiza- tion. 110.06 Attorneys. The Copyright Office does not require that the author, claimant, or owner be represented by an attorney, although the Office may suggest in special cases that the applicant consider seeking the advice of an attorney. No special qualifications or test is imposed on lawyers as a condition to dealing with the Copyright Office. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 110 Applicants. (cont'd) 110.07 False representation. The copyright law pro- vides that any person who knowingly makes a false representation of a material fact in an application for registration, or in any written statement filed in connection with an appli- cation, shall be guilty of a criminal offense and shall be fined not more than $2,500. See 17 U.S.C. 506 (e). 111 Territorial limitations. The U.S. copyright law has no extraterritorial effect in that generally its provisions with respect to infringement extend only to violations occurring in the United States. Since the practices of the Copyright Office spring solely from the U.S. law, ordinarily the Compendium of Copyright Office Practices deals only with U.S. copyright, unless it expressly states otherwise. 112 Recordations and Import Statements. The basic policies set forth above also apply, with some few alterations and exceptions, to the recordation of transfers of copyright ownership and other docu- ments pertaining to copyrights, and to requests for the issuance of Import Statements. See Chapter 1200: MANUFACTURING PROVISIONS, and Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS; SUPPLEMENTARY REGISTRATIONS. [END OF CHAPTER 100] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 200 COPYRIGHTABLE MATTER - IN GENERAL" --> ### Outline of Topics 201 202 Copyrightable matter: in general. Original works of authorship. 202.01 202.02 Originality. Authorship. 203 Fixation. 204 Compilations and derivative works. 204.01 Compilations defined. 204.02 Derivative works defined. 204.03 Standards for copyrightability of compilations and derivative works. 204.04 Status of compilations and derivative works unlawfully employing preexisting copyrighted material. 204.05 204.06 Musical arrangements made under the compulsory license for phonorecords. Ephemeral recordings. 205 206 National origin. Government works. 206.01 Edicts of government. 206.02 U.S. Government works. 206.03 Copyrightable government works. <!-- PageFooter="[1984]" --> <!-- PageBreak --> つ ) ☒ <!-- PageBreak --> <!-- PageHeader="CHAPTER 200" --> #### COPYRIGHTABLE MATTER - IN GENERAL 201 Copyrightable matter: in general. The clause of the U. S. Constitution cited in section 102 of Chap- ter 100: BASIC POLICIES, as the basis for the copy- right law empowers Congress to secure to authors the exclusive right in their writings. Based on this provision, the current copyright law, which took full effect on January 1, 1978, provides that copyright protection subsists in original works of authorship fixed in any tangible medium of expression now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device; and the law specifies that works of author- ship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; and (7) sound recordings. See 17 U.S.C. 102(a). 202 Original works of authorship. In order for a work to be the subject matter of copyright under the current law, it must be an original work of authorship. Quality, aesthetic merit, ingenuity, and uniqueness are not considered in determining the copyrightability of a work. 202.01 Originality. A work must owe its origin to the author in order for it to be original in the copyright sense. The work must neither be one in the public domain nor be copied from any other work. The work need not be "novel," that is, new to the world; to be original it need only be new to the author, that is, not taken from any other source. 202.02 Authorship. In order to be an original work of "authorship," the work must contain at least a certain minimum amount of original creative expression. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### Original works of authorship. (cont'd) 202.02 Authorship. (cont'd) 202.02 (a) De minimis. Works that lack even a certain minimum amount of original authorship are not copyrightable. Such works are often described as "de minimis," in reference to the principle embodied in the Latin maxim "de minimis non curat lex ." 202.02 (b) Human author. The term "authorship" implies that, for a work to be copyrightable, it must owe its origin to a human being. Materials produced solely by nature, by plants, or by animals are not copyrightable. 202.02(c) Ideas. The copyright law specifies that copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is de- scribed, explained, illustrated, or embodied in a work. See 17 U.S.C. 102 (b). 202.02(d) Facts and events. A fact or event, as distinguished from the manner in which it is described in a particular work, is not copyrightable. 202.02 (e) Computations and the like. To be an original work of authorship, the work must not be a mere computation based upon a concept or formula, or be the mere extrapo- lation or application of an idea or system, which would always produce substantially the same result whenever done correctly by anyone. For example, the computation of interest based upon a particular rate is not copyrightable, nor is the mere trans- position of music from one key to another. In connection with transposition, see Chapter 400: COPYRIGHTABLE MATTER - WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="200-3" --> 202 Original works of authorship. (cont'd) 202.02 Authorship. (cont'd) 202.02 (f) Useful articles. No copyright can subsist in a "useful article" as defined by the copy- right law. However, elements incorporated or embodied in a useful article that can be identified separately from, and are capable of existing independently of, the useful article may be copyrightable. See Chapter 500: COPYRIGHTABLE MATTER - PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS. 202.02 (g) 202.02 (h) Blank forms. Blank forms, such as time cards, graph paper, account books, bank checks, scorecards, address books, report forms, order forms, and the like, which are designed for recording information and do not in themselves convey information or contain other copyrightable matter are not copyrightable. See 37 C.F.R. 202. 1 (c) . Information that is common property. Works consisting entirely of information that is common property containing no original author- ship, such as, for example, standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources are not copyright- able. See 37 C.F.R. 202.1(d). 202.02(i) Words and short phrases. Words and short phrases such as names, titles, and slogans are not copyrightable. See 37 C.F.R. 202.01 (a). 202.02 (j) Familiar symbols, typeface, and design of printed material. Familiar symbols or designs, and mere variations of typographic ornamentation, lettering, or coloring, are <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### Original works of authorship. (cont'd) 202.02 Authorship. (cont'd) 202.02 (j) Familiar symbols, typeface, and design of printed material. (cont'd) not copyrightable. See 37 C.F.R. 202.1 (a). Typeface is not copyrightable, nor is the design, format, or layout of books and other printed material. See Chapter 300: COPYRIGHTABLE MATTER - NONDRAMATIC LITERARY WORKS . 202.02(k) Listings. The mere listing of ingredients or contents is not copyrightable. See 37 C.F.R. 202.1 (a). 202.02(1) Characters. The copyright law does not provide for the copyright registration of characters as such. However, original works of authorship describing, depicting, or embodying a character are registrable if otherwise in order. 202.02 (m) Use of protected characters, names, and slogans. Occasionally, works incorpo- rate names, titles, or slogans whose utilization is subject to restrictions by other laws. As these restrictions have nothing to do with copyright, the incorporation of these elements does not prevent registration. Where the Copy- right Office is aware that a use of certain elements within a work may be in violation of existing law, it may inform the applicant of the possible restric- tion and direct the applicant to the agency involved. Some examples of re- stricted names and characters are: "Olympic," "Olympiad," (36 U.S.C. 380) ; "Woodsy Owl" (18 U.S.C. 711a) ; and "Smokey Bear" (18 U.S.C. 711). <!-- PageFooter="[1984]" --> <!-- PageBreak --> Original works of authorship. (cont'd) 202.03 Works in the public domain. Works in the public domain in the United States cannot be the subject of U. S. copyright protection. Since such works may be copied and used by anyone insofar as the U.S. copyright law is concerned, they may be freely combined with new matter or otherwise incorporated or embodied in compilations or in abridg- ments, adaptations, arrangements, drama- tizations, translations, or other derivative forms. If the new matter contains sufficient original authorship to support a copyright, registration may be based on such new matter. However, in any such case, copyright extends only to the new material and does not imply any exclusive right in the public domain material. Works in the public domain include those whose once valid U.S. copyright has expired and works otherwise dedicated to the public either voluntarily or by operation of law. Also considered part of the public domain are edicts of government, which are uncopyrightable for reasons of public policy ; see section 206.01 below. In addition, works of the U.S. Government, that is, works prepared by officers or employees of the U. S. Govern- ment as part of such persons' official duties are not copyrightable; see section 206.02 below. 203 Fixation. In order to be subject to copyright registration, a work must be fixed in a tangible medium of expression by or under the authority of the author. A work consisting of sounds, images, or both, that are being transmitted, is "fixed" if a fixation of the work is being made simultaneously with its transmission. See 17 U.S.C. 101 and 102. Special problems with respect to the fixation of sound recordings are treated in Chapter 400: COPY- RIGHTABLE MATTER - WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Compilations and derivative works. The copyright law specifies that the subject matter of copyright includes compilations and derivative works but that copyright for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. See 17 U.S.C. 103 (a). The law also specifies (1) that copyright in a compilation or derivative work extends only to the material contributed by the author of such work and does not imply any exclusive right in the preexisting material and (2) that the copyright in such work is independent of, and does not affect or enlarge the scope, duration, or subsistence of, any copyright in the preexisting material. See 17 U.S.C. 103 (b) . 204.01 Compilations defined. The copyright law defines a "compilation" as a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The law also states that the term "compilation" includes "collective works," which are works, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. Hence, in effect, compilations are either (1) col- lective works, or (2) other compilations, the latter being works consisting of the collection and assembling of preexisting materials or data other than separate and independent works. See 17 U.S.C. 101. 204.02 Derivative works defined. The copyright law defines a "derivative work" as a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, con- densation, or other form in which a work may be recast, transformed, or adapted. The law also states that a work consisting of editorial <!-- PageFooter="[1984]" --> <!-- PageBreak --> 204 Compilations and derivative works. (cont'd) 204.02 Derivative works defined. (cont'd) revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a derivative work. See 17 U.S.C. 101. 204.03 Standards for copyrightability of compilations and derivative works. The standards for the copyrightability of compilations and derivative works include the following requirements: (1) they must be original works of authorship, and (2) they must comply with the other provisions of the law. 204.04 Status of compilations and derivative works unlawfully employing preexisting copyrighted material. Copyright protection for a work employing preexisting material in which copy- right subsists does not extend to any part of the work in which such material has been used unlawfully. See 17 U.S.C. 103 (a). - This means that where a work is based on a preexisting work, without authorization of the copyright owner and unlawfully, the new material may be subject to copyright pro- tection only to the extent that it can be separated from the preexisting work. - Where the new matter ( such as certain editorial revisions, translations, and musical arrangements) is inextricably integrated with the preexisting work, without authorization of the copyright owner, registration for the new matter cannot be made. - However, where the new matter ( such as new lyrics set to an existing melody) is capable of existing separately, registration may be possible, even though the use may be an infringement of the copyright in the pre- existing work. [1984] <!-- PageBreak --> <!-- PageHeader="200-8" --> 204 Compilations and derivative works. (cont'd) 204.05 Musical arrangements made under the compul- sory license for phonorecords. Where phono- records of nondramatic musical works are made under the compulsory license provisions of 17 U.S.C. 115, a new arrangement of the musical work may be made without the consent of the copyright owner of the preexisting work. However, such arrangement is not subject to copyright protection as a derivative work without the express consent of the copyright owner of the preexisting work. See Chapter 400 : COPYRIGHTABLE MATTER - WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS. 204.06 Ephemeral recordings. The copyright law pro- vides that ephemeral recordings may lawfully be made of certain copyrighted works without the authority of the owners of copyright. However, transmission programs embodying such works are not subject to copyright protection as deri- vative works without the express consent of the owners of copyright in the preexisting works. See 17 U.S.C. 112. 205 National origin. The copyright law provides that all unpublished works otherwise subject to copy- right protection are registrable without regard to the nationality or domicile of the author. How- ever, the law provides that published works are subject to copyright protection and eligible for registration only under certain specified con- ditions relating to their national origin. See Chapter 1100: ELIGIBILITY. 206 Government works. Certain government works are subject to special rules. 206.01 Edicts of government. Edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal docu- ments are not copyrightable for reasons of public policy. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments. <!-- PageFooter="[1984]" --> <!-- PageHeader="☒" --> ☒ <!-- PageBreak --> <!-- PageHeader="200-9" --> 206 Government works. 206.02 U.S. Government works. The copyright law provides that works of the U.S. Government, defined in the law as works prepared by an officer or employee of the U.S. Government as part of that person's official duties, are not copyrightable. This provision applies to such works whether they are edicts of government or otherwise. However, the fact that a copyright may have been transferred to the U.S. Government is not determinative of its status. U.S.C. 101 and 105. Similarly, the fact that the work has been printed by the U.S. Government does not determine its copyright status. 206.02 (a) Standard Reference Data Act. Under the Standard Reference Data Act, 15 U.S.C. 290e, the Secretary of Commerce may secure copyright on behalf of the United States as author or proprietor of any standard reference data that the Secretary prepares or makes available under the Act. 206.02(b) U.S. Postal Service. Works of the U.S. Postal Service, as now constituted, are not considered U.S. Government works. 206.02 (c) District of Columbia. Works of the govern- ment of the District of Columbia, as now constituted, are not considered U.S. Govern- ment works. 206.02 (d) Commonwealth of Puerto Rico. Works of the government of Puerto Rico are not considered to be U.S. Government works. 206.02 (e) Territorial areas under the jurisdiction of the U. S. Government. Works of the govern- ments of the "organized territories" under the jurisdiction of the U.S. Government are acceptable for registration under the rule <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="200-10" --> 206 Government works. (cont'd) 206.02 U.S. Government works. (cont'd) 206.02 (e) Territorial areas under the jurisdiction of the U.S. Government. (cont'd) of doubt. Works of the governments of other territorial areas under the jurisdiction of the U.S. Government are considered to be U.S. Government works. See Chapter 1100: ELIGIBILITY . 206.03 Copyrightable government works. Works (other than edicts of government) prepared by officers or employees of any government ( except the U.S. Government) including State, local, or foreign governments, are subject to registration if they are otherwise copyrightable. In addi- tion, the copyright law specifies that works first published by the United Nations or any of its specialized agencies, or by the Organi- zation of American States, are subject to copy- right protection. See 17 U.S.C. 104(b) (3); see also Chapter 1100: ELIGIBILITY. [END OF CHAPTER 200] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 300" --> COPYRIGHTABLE MATTER: NONDRAMATIC LITERARY WORKS Outline of Topics 301 Applicability of this chapter. 302 Definition: literary works. 303 Definition: nondramatic literary works. 304 Copyrightable literary expression. 305 Noncopyrightable material. 305.01 Names, titles, slogans, and other short phrases. 305.02 Ideas, methods, or systems. 305.03 Measuring and computing devices. 305.04 Works consisting entirely of information that is common property. 305.05 Blank forms. 305.06 Format or layout. 305.07 Book design. 305.08 Limits on copyrightability. 305.09 Use of protected characters, names, slogans, symbols, and seals. 306 Derivative works. 306.01 Extent of claim. 306.02 Types of nondramatic literary derivative works. 307 Compilations. 307.01 307.02 Registrability. Telephone books, directories, price lists, and the like. 307.03 Coordination and arrangement. <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 300 COPYRIGHTABLE MATTER: NONDRAMATIC LITERARY WORKS" --> 308 Collective works. 308.01 In general. 308.02 Collective works made for hire. 308.03 Registration of collective works. 308.04 Periodicals other than daily newspapers. 308.05 Daily newspapers: various editions. 309 Certain periodicals not collective works. 310 Contributions to collective works. 310.01 All rights to an independent contribution owned by claimant of collective work. 311 Unit registration for contributions to periodi- cals. 312 Book jackets. [Number 313 is reserved]. 314 Tests and answer material for tests. 315 Secure tests. 316 Copyright ownership as distinct from owership of material object. 316.01 Letters and diaries. 317 Interviews. 318 Facts, historical data, and "news." 318.01 Research. 319 Author deceased before date of creation of work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 300 COPYRIGHTABLE MATTER: NONDRAMATIC LITERARY WORKS - 3 -" --> 320 Machine-readable works. 320.01 Literary works embodied in machine-readable form. 321 Computer programs. 321.01 Source code. 321.02 Object code. 321.03 Relationship between source code and object code. 322 Copyrightable subject matter. 323 Derivative computer programs. 323.01 Registrability of a derivative computer program. 324 Deposit for registration: identifying material. 324.01 Title on identifying material. 324.02 Notice on identifying material. 324.03 Source code as best deposit. 324.04 Rule of doubt. 324.05 Special relief. 324.06 Specific deposit examples. 325 Completing the application form. 325.01 325.02 Asserting a claim in a derivative computer program. Nature of authorship and extent of claim. 326 Glossary of terms. 327 Instructional booklets, flowcharts, and the like. 328 Automated data bases. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ☒ <!-- PageBreak --> # Chapter 300 COPYRIGHTABLE MATTER: NONDRAMATIC LITERARY WORKS 301 Applicability of this chapter. This chapter concerns itself solely with nondramatic literary works. 302 Definition: literary works. Literary works are defined 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 embod- ied. 17 U.S.C. 101. 303 Definition: nondramatic literary works. A nondramatic literary work is one that explains, describes, or narrates a particular idea, theme, or subject; it does not usually employ dialog or action to represent or give directions for rep- resenting all or a substantial portion of a story as actually occurring. 304 Copyrightable literary expression. To be regis- trable, a nondramatic literary work must contain at least a certain minimum amount of literary expression owing its origin to the author. See Chapter 200: COPYRIGHTABLE MATTER - IN GENERAL. 305 Noncopyrightable material. The following are not copyrightable and therefore cannot serve as a basis for registration. 305.01 Names, titles, slogans, and other short phrases. Names, titles, slogans, and other short phrases or expressions are not copy- rightable, even if such expressions are novel, distinctive, or lend themselves to a play on words. Similarly, a mere listing of ingredients or contents is not copyright- able. See 37 C.F.R. 202.1(a). <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-2" --> ## Noncopyrightable material. (cont'd) 305.02 Ideas, methods, or systems. Ideas, methods, systems, or the like are not copyrightable, regardless of the form in which they may be described, explained, or embodied in a work. In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is de- scribed, explained, illustrated, or embodied in such work. See 17 U.S.C. 102 (b) . 305.03 Measuring and computing devices. Devices and similar articles designed for computing and measuring are not copyrightable. Common examples of such devices are slide rules, wheel dials, and nomograms that contain insufficient original literary or pictorial expression. 305.04 Works consisting entirely of information that is common property. Examples of these kinds of works include standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources. However, such a work may contain sufficient copyrightable material, such as instructional text, to warrant a registration, but such a registra- tion would not extend protection to the uncopyrightable material. See 37 C.F.R. 202.1 (d) . 305.05 Blank forms. Blank forms, such as time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms, and the like, which are designed for recording informa- tion, and do not in themselves convey infor- mation, are not copyrightable. See 37 C.F.R. 202.1 (c). However, the Copyright <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-3" --> 305 Noncopyrightable material. (cont'd) 305.05 Blank forms. (cont'd) Office will register a work containing a certain minimum amount of original, creative expression, regardless of whether the work contains uncopyrightable elements designed for simple recordation of information. Thus, textual works, such as contracts, insurance policies, and the like, and bank checks containing pictorial authorship, may be registrable if they contain a sufficient amount of original literary or artistic expression. 305.06 Format or layout. Copyright does not pro- tect either the general format or layout, or the idea expressed by either of these. 305.07 Book design. Book designs may include choice of style and size of typeface, lead- ing ( space between lines of type), placement of folio (page numbers), arrangement of type on pages, and placement, spacing, and juxta- position of text and illustrative matter -- in short, all the physical and visual at- tributes of a book. After having issued a notice of proposed rulemaking and having held a hearing, the Copyright Office decided not to change its long-standing practice of not registering claims to copyright in book design. The Office concluded that "the arrangement, spacing, or juxtaposition of text matter which is involved in book design falls within the realm of uncopyrightable ideas or concepts." See 46 Fed. Reg. 30651 (1981) . 305.08 Limits on copyrightability. Certain catego- ries of nondramatic literary works are not copyrightable, even though they may contain a substantial amount of textual material. They include the following: <!-- PageFooter="[1984]" --> <!-- PageBreak --> ☒ 305 Noncopyrightable material. (cont'd) 305.08 Limits on copyrightability. (cont'd) 305.08 (a) Works in the public domain. Works in the public domain in the United States cannot be the subject of U.S. copyright protection. See section 203 of Chapter 200: COPYRIGHTABLE MATTER - IN GENERAL. 305.08(b) Nondramatic literary works unlawfully employing other works under copyright protection. Nondramatic literary works that unlawfully employ another work under copyright protection are not them- selves subject to copyright protection if they are inseparably intertwined with the preexisting work. See 17 U.S.C. 103 (a) and H.R. Rep. 94-1476, 94th Cong., 2d Sess. 57-8 (1976) . For exam- ple, an unlawful English-language trans- lation that cannot be separated from the original French-language version would not be registrable. However, the Copy- right Office does not generally investi- gate the copyright status of preexisting material or whether it has been used lawfully. Where a work unlawfully em- ploys preexisting copyrighted material that is separate from the new material, the new work is registrable. 305.08(c) Works of the U. S. Government. Works of the U. S. Government are works prepared by an officer or employee of the U.S. Government as part of that person's official duties. Ordinarily, such works are in the public domain in the United States. See section 206 of Chapter 200: COPYRIGHTABLE MATTER -- IN GENERAL. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 305 Noncopyrightable material. (cont'd) 305.08 Limits on copyrightability. (cont'd) 305.08 (c) Works of the U. S. Government. (cont'd) 305.08(c) (1) Standard Reference Data Act. An exception exists under the Standard Reference Data Act (15 U.S.C. 290e) for any standard reference data that the Secretary of Commerce prepares or makes available under the Act. Claims registered under this Act should be annotated to read as follows: "Claim registered under the Standard Reference Data Act, P.L. 90-396 (15 U.S.C. 290e)." 305.08(c)(2) Transfer of copyright to the U.S. Government. The fact that copyright protection is not possible for works authored by officers or employees of the U.S. Government, except as stated in section 305.08 (c) above, does not prevent the U.S. Government from receiving and holding copy- rights transferred to it. See 17 U.S.C. 105. 305.08(d) Edicts of government. Edicts of govern- ment, such as judicial opinions, admin- istrative rulings, legislative enact- ments, public ordinances, and similar official legal documents, are not copy- rightable for reasons of public policy. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments. 305.09 Use of protected characters, names, slogans, symbols, and seals. Occasionally, works incorporate names, titles, slogans, symbols, or seals whose utilization is subject to restrictions by other laws. As these re- strictions have nothing to do with copy- right, the incorporation of these elements [1984] <!-- PageBreak --> Noncopyrightable material. (cont'd) 305.09 Use of protected characters, names, slogans, symbols, and seals. (cont'd) does not prevent registration. Where the Copyright Office is aware that a use of certain elements within a work may be in violation of existing law, it may inform the applicant of the possible restriction and direct the applicant to the agency involved. Some examples of restricted names and char- acters are "Olympic, " "Olympiad" (36 U.S.C. 380) ; "Woodsy Owl" (18 U.S.C. 711a) ; and "Smokey Bear" (18 U.S.C. 711). 306 Derivative works. A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramati- zation, fictionalization, motion picture ver- sion, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revi- sions, annotations, elaborations, or other modi- fications which, as a whole, represent an original work of authorship, is a "derivative work." 17 U.S.C. 101. 306.01 Extent of claim. The copyright in a deriva- tive work extends only to the material con- tributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the pre- existing material. 17 U.S.C. 103 (b). Where a work contains a substantial amount of previously registered, published, or public domain material, the application should contain a statement of the preexisting mate- rial as well as the new copyrightable mate- rial. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 300-7 306 Derivative works. (cont'd) 306.02 Types of nondramatic literary derivative works. Examples of nondramatic literary derivative works are as follows: Translations. A translation is a ren- dering of a work from one language to another, as, for example, a work trans- lated from Russian into French, or from German into English. However, trans- literations and similar processes by which letters or sounds from one alpha- bet are converted to another are not copyrightable since the conversion is merely a mechanical act. Thus, merely changing a work from the Cyrillic to the Roman alphabet would not be copyright- able. 306.02 (a) 306.02 (b) Fictionalizations. A fictionalization is a treatment of a factual work in which the elements are recast, trans- formed, or adapted to produce a work of fiction. A work which is only loosely based on the ideas or facts found in an earlier work, is not considered to be a derivative work. 306.02 (c) Abridgments. An abridgment is commonly defined as a shortened or condensed version retaining the general sense and unity of the original work. An abridg- ment of a nondramatic literary work may be registrable, but more selectivity is required than merely omitting a section from the beginning or end. 307 Compilations. A "compilation" is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordi- nated, or arranged in such a way that the re- sulting work as a whole constitutes an original work of authorship. The term "compilation" includes collective works. 17 U.S.C. 101. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-8" --> 307 Compilations. (cont'd) 307.01 Registrability. A compilation is regis- trable if its selection, coordination, or arrangement as a whole constitutes an origi- nal work of authorship. The greater the amount of material from which to select, coordinate, or order, the more likely it is that the compilation will be registrable. Where the compilation lacks a certain mini- mum amount of original authorship, registra- tion will be refused. Any compilation consisting of less than four selections is considered to lack the requisite original authorship. See also section 625 of Chapter 600: REGISTRATION PROCEDURES. Examples : 1) The selection and ordering of 20 of the best short stories of O. Henry would be registrable as a compilation. (2) Where all three of an author's plays were previously published and the present publication consists of all three plays, no registration based on compilation authorship is possible. 307.02 Telephone books, directories, price lists, and the like. Telephone books, directories, price lists, and the like may be registered if they contain sufficient authorship in the form of compilation or other copyrightable material. 307.03 Coordination and arrangement. Reference to "coordinated" or "arranged," as used in the definition of a "compilation" in 17 U.S.C. 101, does not refer to format, but to the original ordering or grouping of the items. 308 Collective works. A collective work is a work, such as a periodical issue, anthology, or ency- clopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. 17 U.S.C. 101. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-9" --> 308 Collective works. (cont'd) 308.01 In general. Generally, collective works incorporate two different types of material: first, the collective work as a whole, which includes the elements of compilation, revi- sion, editing, and similar authorship that goes into putting the work into final form; and secondly, any individual, self-contained contributions. 308.02 Collective works made for hire. The collec- tive work as a whole is often a work made for hire, and in such cases, the author is the employer or other person for whom the work was prepared. See 17 U.S.C. 201 (b) . 308.03 Registration of collective works. For a collective work, the application should generally contain the title of the collec- tive work, and the volume, number, and issue date, if any, in the appropriate space on the application form. 308.04 Periodicals other than daily newspapers. The following practices govern the registra- bility of periodicals other than daily news- papers : 308.04 (a) Separate editions. Where an issue of a periodical is published in two or more separate editions containing different copyrightable matter, separate registra- tions may be made. Examples : 1) English, Spanish, and French edi- tions of a magazine. 2) Eastern, Midwestern, and West Coast editions of a weekly news magazine, in which some of the contents are changed to correspond with the re- gional interests of readers. <!-- PageFooter="[1984]" --> <!-- PageBreak --> # 300-10 308 Collective works. (cont'd) 308.04 Periodicals other than daily newspapers. (cont'd) 308.04 (b) Difference in advertising matter. Where the only difference between the editions is in advertising matter, separate reg- istrations will not be made unless the advertisements are asserted to belong to the copyright claimant for the periodi- cal. 308.04(c) Difference in uncopyrightable elements. Where the only difference between the editions is in uncopyrightable elements such as typography, size, coloring, paper stock, or the like, separate reg- istrations will not be made. 308.05 Daily newspapers: various editions. A sin- gle registration may be made for the various editions of a daily newspaper or for a daily newspaper which contains different regional supplements. If the application for regis- tration refers to the various editions or supplements, the deposit must include such editions or supplements. 309 Certain periodicals not collective works. Cer- tain periodicals are not collective works since they consist entirely of a single contribution. The application should, in such event, assert a basis of claim in "text," if original, rather than "collective work." 310 Contributions to collective works. An indi- vidual contribution that was written indepen- dently and not as a "work made for hire" is con- sidered a separately copyrightable work. See 17 U.S.C. 201 (c). Where the owner of copyright in a collective work has not obtained ownership of all rights initially belonging to the author of a particular contribution, such person cannot be the "claimant" of copyright in that contribu- tion. See 37 C.F.R. 202.3(a) (3). To register <!-- PageFooter="[1984]" --> <!-- PageBreak --> Contributions to collective works. (cont'd) such a contribution, a separate application must be submitted naming as claimant the author of the contribution, or the person or organization that has obtained ownership of all rights in the contribution that the author originally owned. 310.01 All rights to an independent contribution owned by claimant of collective work. Where the copyright claimant in a collective work is also the owner of all rights in a par- ticular contribution, the author of that contribution may be included as an author in the appropriate space on the application form. If such an individual author is iden- tified on the application, the transfer space should be completed showing how the claimant obtained all rights in the contri- bution. However, the Copyright Office does not require that all authors of contribu- tions covered by the copyright claim be identified on the application. 312 311 Unit registration for contributions to periodi- cals. The practices concerning unit regis- tration for contributions to periodicals will be dealt with in Chapter 1400: GROUP REGISTRATIONS. Book jackets. Book jackets often contain sev- eral kinds of authorship such as text, illustra- tions, and photographs. A claim in a book jacket may be registered if it contains a suffi- cient amount of copyrightable authorship. Where the copyright claimant of the authorship in the book jacket is not the same as the claimant in the book, a separate registration must be made for the book jacket. Where the claim in a book jacket is based solely on "design," that is, the arrangement, spacing, and juxtaposition of un- copyrightable elements, registration will be refused. See section 305.07 above. <!-- PageFooter="[Number 313 is reserved]." --> <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-12" --> Tests and answer material for tests. The Copy- right Office will register claims to copyright in tests and machine scorable answer sheets provided the works contain a minimum level of original textual or compilation expression. The work may consist of a test, a test accompanied by an answer sheet, or merely an answer sheet. In a case where the work consists of an answer sheet lacking textual expression, registration can only be considered on the basis of substan- tial compilation authorship and the application should describe the extent of the claim as com- pilation. All such registrations are made under the rule of doubt. Answer sheets having insuf- ficient elements on which to base a claim of compilation authorship are not registrable. This practice is in accord with the decision in Harcourt, Brace & World, Inc. v. Graphic Con- trols Corp., 329 F.Supp. 517, 38 C.O.Bull. 312 (S.D. N.Y. 1971). Secure tests. Secure tests are nonmarketed tests administered under supervision at speci- fied centers on specific dates, all copies of which are accounted for and either destroyed or returned to restricted locked storage following each administration. For these purposes a test is not marketed if copies are not sold but it is distributed and used in such a manner that own- ership and control of copies remain with the test sponsor or publisher. This category encom- passes tests used in conjunction with admissions to educational institutions, high school equivalency, placement in or credit for under- graduate and graduate course work, awarding of scholarships and professional certification. See 37 C.F.R. 202.20(b) (4). In the case of tests, and answer material for tests, published separately from other literary works, the de- posit of one complete copy will suffice in lieu of two copies. In the case of any secure test, the Copyright Office will return the deposit to the applicant promptly after examination, pro- vided that sufficient portions, description, or the like are retained so as to constitute a sufficient archival record of the deposit. See 37 C.F.R. 202.20 (c) (2) (vi). For further infor- mation on deposit, see Chapter 800: DEPOSIT FOR REGISTRATION. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-13" --> Copyright ownership as distinct from ownership of material object. Ownership of a copyright, or of any of the exclusive rights under a copy- right, is distinct from ownership of any mate- rial object in which the work is embodied. Transfer of ownership of the material object does not of itself convey any rights in the copyrighted work, nor, in the absence of an agreement, does the transfer of ownership of a copyright convey property rights in any material object. See 17 U.S.C. 202. 316.01 Letters and diaries. In the case of let- ters, the author of the letter and not the recipient or possessor has the right to claim copyright. Similarly, the mere pos- session of a diary does not entitle the possessor to claim copyright, regardless of whether the material object was purchased or found. Letters and diaries are often pub- lished with additional new material such as a foreword or explanatory notes; registra- tion may be made for this new material, provided that it represents at least a cer- tain minimum amount of copyrightable author- ship. However, applications for works con- sisting of letters or diaries should contain information regarding the author of these works only where the claimant named on the application is authorized to claim copyright in this material. Where the author of the letter or diary is named on the application and is not also the claimant, the applica- tion must state how the rights in the letter or diary were transferred to the claimant. 317 Interviews. A work consisting of an interview often contains copyrightable authorship by the person interviewed and the interviewer. Each has the right to claim copyright in his or her own expression in the absence of a valid agree- ment to the contrary. Where an application for such a work names only the interviewee or the interviewer as author and claimant, and where <!-- PageFooter="[1984]" --> <!-- PageBreak --> Interviews. (cont'd) the nature of authorship is described as "entire text," it is unclear whether the claim actually extends to the entire work, or only to the text by the interviewee or the interviewer. In any case where the extent of the claim is not clear, the Copyright Office must communicate with the applicant for clarification. 318 Facts, historical data, and "news." Works are often submitted for registration which contain "news" or other factual data, or which recount historical events. A distinction should be made between the original expression which the author uses and the noncopyrightable data, news, or facts which are set forth in the work. If it appears that the applicant is seeking to extend the claim to such uncopyrightable material, the Copyright Office will generally communicate with the applicant for clarification. Research. The function or activity which constitutes "research" is not copyrightable. However, the expression embodied in the product or result of research may be copyrightable if it contains at least a certain minimum amount of original author- ship. Author deceased before date of creation of work. Where the application names as author an indi- vidual who was deceased on the date of creation of the work, and who is alleged to have dic- tated his or her writings "from the beyond, " the Copyright Office will generally write to explain the requirements of the law regarding authorship and ownership. Ordinarily, works of this kind will contain additional material, such as an introduction, and registration may be made for this material, provided there is sufficient copyrightable authorship. Where the only author named was deceased on the date of creation and that person is named as claimant, the Office <!-- PageFooter="[1984]" --> 318.01 319 <!-- PageBreak --> 319 Author deceased before date of creation of work. (cont'd) will refuse to register the claim, since a de- ceased person cannot be a copyright claimant. Where the deceased person is named as the only author and another person or an organization is named as claimant, the Office will also refuse registration, since any "transfer" from the deceased author to the claimant could not ful- fill the requirement of the copyright law that transfers of copyright ownership be in writing and signed by the transferor. 320 Machine-readable works. A machine-readable work is either an unpublished work which is fixed, or a published work which is published only in the form of machine-readable copies from which the work cannot ordinarily be perceived except with the aid of a machine or device. Works published in a form requiring the use of a machine or device for purposes of optical enlargement ( such as film, filmstrips, slide films, and works pub- lished in any variety of microform), and works published in visually perceptible form but used in connection with optical scanning devices, are not within this category. Examples of nondra- matic literary works which are machine-readable are computer programs and data bases. Such works may be embodied in the form of magnetic tapes or disks, computer chips, punched cards, or the like. See 37 C.F.R. 202. 20 (c) (2) (vii) . 320.01 321 Literary works embodied in machine-readable form. Nondramatic literary works embodied in machine-readable form include computer programs and data bases, as well as other textual works, such as, instructional manuals, educational coursework, and the like. Computer programs. A "computer program" is 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. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Computer programs. ( cont'd) Because computer programs do not generally con- tain textual information, the claim to copyright in a computer program is generally made on the basis of authorship expressed in "numerical symbols or indicia" contained in the program. Computer programs are ordinarily considered "literary works" and can be considered for reg- istration on Form TX. Examples : 1\) ) A program that calculates the orbit of a rocket. 2\) A program that computes wages and salaries for a payroll. 3\) A self-teaching mathematics program for elementary students. 321.01 Source code. Source code is the computer program code as the programmer writes it, using a particular programming language, generally a program written in high-level language, such as, BASIC, COBOL, or FORTRAN. A program in source code must be changed into object code before the computer can execute it. This change is accomplished by a separate program within the computer called an assembler or a compiler to enable the program to be run on a particular brand and model computer (e.g., a compiler on a TRS-80 Model III would enable source code to be executed on that particular brand and model computer). 321.02 Object code. Object code is the representa- tion of the program in machine language (e.g., binary coding using zeros and ones or hexadecimal coding using letters and numbers or octal coding using 0 to 7) which the computer executes. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Computer programs. (cont'd) 321.03 Relationship between source code and object code. The Copyright Office considers source code and object code as two representations of the same computer program. For registra- tion purposes, the claim is in the computer program rather than in any particular repre- sentation of the program. Thus separate registrations are not appropriate for the source code and object code representations of the same computer program. However, where a work in source code is registered in unpublished form, and the published version of the same work is submitted for registra- tion in object code form, registration will be made. 322 Copyrightable subject matter. To be registra- ble, a computer program must contain at least a certain minimum amount of original authorship in the form of statements or instructions. 323 Derivative computer programs. A derivative computer program is one that is based on or incorporates material from a previously pub- lished or registered or public domain program that has been revised, augmented, abridged, or otherwise modified so that the modifications, as a whole, represent an original work of author- ship. See also section 306 above. ## 323.01 Registrability of a derivative computer program. Registration for a derivative computer program covers only the additions, changes, or other new material appearing in the program for the first time. Therefore, the new material itself must be original and represent copyrightable authorship. Where only a few minor revisions or additions have been made, or where those that were made are of a rote nature predetermined by the functional considerations of the hardware, registration for the new material is not possible. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 323 ## Derivative computer programs. (cont'd) ### 323.01 Registrability of a derivative computer program. (cont'd) Examples : 1\) A derivative program would be registra- ble where a substantial new program code has been added to a previously published program to enable it to accomplish addi- tional functions. 2\) A student-programmer translates a previ- ously published program from COBOL to FORTRAN [both are source-code program- ming languages]. The resulting transla- tion would represent a copyrightable derivative work. 3\) A previously published program is adapted to run on a different model or brand of computer. The Office will question the nature and extent of the adaptation to determine registrability. If the changes were functionally prede- termined, registration will be refused. 4\) An applicant files two applications for the same program: one specifically for the source code and the other for the object code. Since the object code version does not contain copyrightable differences, there is no basis for a separate registration for the object code. The Office will communicate with the applicant suggesting a single registration for the computer program. 324 Deposit for registration: identifying material. Where a computer program is fixed or published only in the form of machine-readable copies, the deposit for registration purposes shall consist of one copy of identifying portions of the pro- gram, reproduced in a form visually perceptible without the aid of a machine or device, either on paper or in microform. For these purposes, <!-- PageFooter="[1984]" --> <!-- PageBreak --> "identifying portions" shall mean either the first and last 25 pages or equivalent units of the program if reproduced on paper, or at least the first and last 25 pages or equivalent units of the program if reproduced in microform, to- gether with the page or equivalent unit contain- ing the copyright notice, if any. See 37 C.F.R. 202.20 (c) (2) (vii). If the computer pro- gram is less than 50 pages in length, the entire program should be deposited. For registration of a derivative computer program, identifying portions of the new material should be included in the deposit. NOTE: Works fixed or published in both machine-readable and visually-perceptible form are not considered machine-readable works for purposes of deposit for registration. The appropriate deposit requirements for the visually-perceptible form apply. See section 806.12 of Chapter 800: DEPOSIT FOR REGISTRA- TION. 324.01 Title on identifying material. The identi- fying material deposited should bear a title clearly identifying the work for which reg- istration is sought. Where the title is given on the application but not on the identifying material ( for a published or unpublished work), the Copyright Office will add the title to the identifying material if it is clear that the identifying material represents the work specified on the appli- cation. 324.02 Notice on identifying material. The identi- fying material should include the page or equivalent unit containing the copyright notice if copies of the computer program were published with notice. Where the copy- right notice is encoded within the object <!-- PageFooter="[1984]" --> <!-- PageBreak --> 300-20 324 Deposit for registration: identifying material. (cont'd) 324.02 Notice on identifying material. (cont'd) code so that its presence and content are not readily discernible, the notice should be underlined or highlighted and its con- tents decoded. 324.03 Source code as best deposit. The Copyright Office considers the source code to be the best representation of the copyrightable authorship in a computer program. Thus the identifying material deposited for a com- puter program should be in source code. 324.04 Rule of doubt. Where the applicant is unable or unwilling to deposit identifying material in source code, depositing only object code instead, registration for the computer program will be made under the rule of doubt if the applicant confirms in writ- ing that the work as deposited contains copyrightable material. See also section 108.07 of Chapter 100: BASIC POLICIES. NOTE: Because object code is basically unintelligible to copyright examiners, it is not possible to examine the deposit to de- termine the presence of copyrightable au- thorship. The doubt in this instance does not concern the copyrightability of computer programs in general. 324.05 Special relief. Special relief is a proce- dure which allows the Register of Copyrights to grant the requester the option of depositing less than or other than that which is required under the general deposit provisions. Special relief is an option available to computer program applicants when they are unable or unwilling to deposit the usual identifying material in source code format. See section 808 of Chapter 800: DEPOSIT FOR REGISTRATION; see also 37 C.F.R. 202.20 (d) . <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="300-21" --> 324 Deposit for registration: identifying material. (cont'd) 324.05 Special relief. (cont'd) 324.05 (a) Trade secrets and special relief. When a computer program contains trade se- crets or other confidential material that the applicant is unwilling to dis- close by depositing the first and last 25 pages in source code, the Copyright Office is willing to consider special relief requests enabling the applicant to deposit less than or other than the usual 50 pages of source code. Special relief requests for the following three deposit options are presently being granted upon receipt of the applicant's written request for special relief: 1\) First and last 25 pages of source code with some portions blocked out, provided that the blocked-out portions are proportionately less than the material still remaining. 2\) At least the first and last ten pages of source code alone (with no blocked-out portions) . 3\) First and last 25 pages of object code plus any ten or more consecu- tive pages of source code (with no blocked-out portions) . 324.06 Specific deposit examples. The following examples concern various deposit situations. 1\) Source code and object code with one application. Where the first and last 25 pages each of source code and object code (total of 100 pages) are deposited with one application on Form TX for a single computer program, the registra- tion is made using the combined source code and object code identifying mate- rial. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 300-22 324 Deposit for registration: identifying material. (cont'd) 324.06 Specific deposit examples. (cont'd) 2) Object code only. When the identifying material is deposited only in object code, the Copyright Office will corre- spond with the applicant requesting either the deposit of source code or, as a prerequisite to registration under the rule of doubt, the applicant's written confirmation that the computer program represented by the object code deposit contains copyrightable authorship. 3) Object code plus other clearly copy- rightable material. If the deposit consists of identifying material in object code for a computer program plus other clearly copyrightable material ( such as a user's manual) and the single claim is in the entire work, there is still doubt as to the presence of copy- rightable authorship in the computer program even though the claim includes clearly copyrightable text in the man- ual. The Copyright Office will communi- cate with the applicant about the de- posit of object code and request either the deposit of source code or, as a prerequisite to the computer program portion of the claim being registered under the rule of doubt, the applicant's written assurance that the computer program as deposited represents copy- rightable authorship. 4) Incomplete deposit of identifying mate- rial. If the identifying material is less than 50 pages in length, the Copy- right Office will consider that the deposit constitutes the entire program for which registration is sought. How- ever, if there is information to the contrary ( such as missing page numbers or obvious wide gaps in line numbers), the Office will inquire as to the com- pleteness of the deposit. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-23" --> 324 Deposit for registration: identifying material. (cont'd) 324.06 325 Specific deposit examples. (cont'd) 5) Single application for computer program and manual published as a unit. When the deposit consists of one copy of identifying material plus one copy of the published manual, the Copyright Office will not require deposit of a second copy of the published manual. 6) Separate applications for computer pro- gram and manual published as a unit. If the deposit for these two claims con- sists of one copy of identifying mate- rial for the computer program and one copy of the published manual, the Copy- right Office will request a second copy of the published manual. Completing the application form. An application for registration of a computer program should be completed with regard to the copyrightable au- thorship in the computer program. For example, an application describing the authorship or extent of claim as "object code" will be ques- tioned. 325.01 Asserting a claim in a derivative computer program. Ordinarily, the application for a derivative computer program should limit the claim to the copyrightable new material, excluding the preexisting material that was previously registered or published or that is in the public domain. To limit the claim appropriately in such cases, the "material added" statement on the application should be completed. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Completing the application form. (cont'd) 325.01 Asserting a claim in a derivative computer program. (cont'd) 325.01 (a) When a "material added" statement is not required. When the preexisting material has never been registered or published or when the amount of preexisting mate- rial is not substantial, the "material added" statement on the application need not be completed. Examples : 1\) A computer program entitled "X-103 Program, Version 3" incorporating material from two earlier develop- mental versions that remained un- registered and unpublished would not be considered a derivative computer program for registration purposes. No "material added" statement would be required. 2\) The application for a derivative program containing a total of 5,000 lines of program text, 50 of which were published previously, would not be required to give a "material added" statement. However, if such a statement were given, the Office would not ask to have it deleted. 325.01 (b) When a "material added" statement is required. The Copyright Office will require a "material added" statement on an application for a derivative computer program only when the previously pub- lished or registered or public domain material contained in the new version of the program is substantial or, in rela- tion to the work as a whole, represents a significant portion of the work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Completing the application form. (cont'd) 325.02 Nature of authorship and extent of claim. In an application for an entirely new com- puter program, the "nature of authorship" space is intended not only to describe the authorship but is also intended to delineate the extent of the claim. In an application for a derivative computer program, the "material added" statement generally delineates the extent of the claim. NOTE: For specific definitions of the terms listed below, see the Glossary of Terms in section 326 below. The following lists are illus- trative and not exhaustive. 325.02 (a) Copyrightable elements. The following descriptions of authorship or of mate- rial added will ordinarily not be ques- tioned: \- computer program \- entire computer code \- entire program \- entire program code \- entire text \- entire work \- module, new modules, revised modules \- program \- program instructions \- program listing \- program text, programming text \- revised program \- routine, new routines, revised rou- tines \- software, computer software \- subroutine, new subroutines, revised subroutines \- text \- text of computer game \- text of . . . (except "text of object code" or "text of algorithm" ) \- text of program \- translation from (one programming language) to (another programming language ) \- wrote program <!-- PageFooter="[1984]" --> <!-- PageBreak --> Completing the application form. (cont'd) 325.02 Nature of authorship and extent of claim. (cont'd) 325.02 (b) Unclear elements. The following terms as commonly used with reference to com- puter software may or may not represent copyrightable authorship. Therefore, the Copyright Office will generally question an application describing the claim or the authorship in these terms : \- adaptation or translation (where program appears to have been adapted merely to run on different hardware) \- compilation \- debugging \- enhancements \- error corrections \- features \- patching \- translation (listed alone) 325.02(c) Noncopyrightable elements. Where the Copyright Office has determined that the claim is based only on the following, registration will be refused: \- algorithm (or text of algorithm) \- analysis \- cassette \- chip \- disk \- encrypting \- EPROM \- firmware \- formatting \- functions \- language (alone) \- logic \- mnemonics \- printout \- PROM \- ROM \- software methodology \- system \- system design (er) <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> Glossary of terms. The following is a list of terms commonly used with programs. reference to computer ALGORITHM -- A prescribed set of well defined rules or proc- esses for the solution of a problem. ASSEMBLER -- A computer program that changes assembly lan- guage into the language that the computer oper- ates on directly -- the "object code." ASSEMBLY -- A language -- verbs, LANGUAGE nouns, syntax, etc. -- used by programmers to write computer programs. It is relatively "low level" in that the pro- grammer must keep many machine details in mind. The source language for an assembler. BASIC -- A rather simple program- ming language that is widely used with the new micro-computers. BUG -- A mistake or malfunc- tion. CARTRIDGE -- A very ambiguous term meaning some form of removable magnetic data storage medium, used along with a fixed ( non-removable) medium. It may use magnetic tape or magnetic disk as the medium. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-28" --> Glossary of terms. (cont 'd) CASSETTE CHIP -- A small, self-contained volume of magnetic tape used for data storage. Similar to a sound- recording cassette. -- In microcircuitry, a single device, either a transistor or a diode, that has been cut from a larger wafer of sili- con . COBOL (Common Business Oriented Language) -- A high-level language developed in the early 1960's and used primarily for business applications. CODE -- Can be used as verb or noun. As a noun, it can apply to (1) the data, meaning the series of bits used to represent the characters, or (2) the programs, meaning the computer instruc- tions as written in the programming language. As a verb, it means creating the coded data or programs. CODING -- The act of actually writing program state- ments. COMPILE -- To prepare a machine language program from a computer program written in another programming language by making use <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-29" --> Glossary of terms. (cont'd) COMPILE (cont'd) -- of the overall logic structure of the pro- gram, or generating more than one machine in- struction for each sym- bolic statement, or both, as well as per- forming the function of an assembler. COMPILER A computer program that is used to change a high-level programming language into machine language. It is similar to an assembler. COMPUTER A data processor that can perform substantial computation, including numerous arithmetic or logic operations, with- out intervention by a human operator during the run. DEBUGGING The process of detecting and removing the errors in a computer program or a set of programs. Typically, errors are detected by trying to run a program with a series of transactions designed to test the main portions of the program, and observing the correctness of results. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Glossary of terms." --> ## (cont 'd) DISK DUMP -- The popular form of bulk data storage with rapid access capabilities. Data is recorded in tracks on a magnetic medium on the disk surface. The two main forms are "floppy disks" and "hard disks." The term applied to the process of making a copy of some or all data stored in a storage device, usually for backup purposes. ENCRYPTION -- The process of system- atically turning mes- sages ( information) into gibberish, as a security measure. The inverse process of decryption is needed for recovering the original messages. ENHANCEMENTS -- Changes or refinements made to an existing computer program. EPROM (Erasable Programmable Read- Only Memory) -- A type of computer memory device for storing data within a computer; can be erased and repro- grammed. FEATURES -- Particular capabilities or functions of a given computer program. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-31" --> <!-- PageHeader="Glossary of terms. (cont'd)" --> FIRMWARE -- This term is applied to computer programs that are stored in a type of memory (a ROM) that can in general only be read, not erased or changed easily. Firmware is used both for protection and for higher speed. FLOPPY DISK -- A thin plastic disk, usually 5-1/4 inches or 8 inches in diameter, enclosed in a square, protective envelope, with a magnetic surface for storing information; a diskette. FORTRAN -- The FORmula TRANslation programming language, originally developed in the late 1950's for engineering and scien- tific programming. It is still the most widely used language for these types of programs. HARDWARE -- The term applied to the computer equipment -- the processor unit, the storage devices, input devices, printers, etc. Hardware is differenti- ated from "software" and "firmware." INTERPRETER -- A computer program in the same general class as "assembler" and "compiler." All three <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="Glossary of terms. (cont'd)" --> ### INTERPRETER (cont'd) -- translate or change a programmer's source code into the object code that the computer uses. #### LANGUAGE -- In the computer field, the term generally means a programming language used by a programmer for writing a computer pro- gram. This program usually must be trans- lated or changed (assem- bled, compiled, inter- preted) into object code before the computer can execute the program. MACHINE LANGUAGE ( MACHINE CODE OR OBJECT CODE ) MNEMONIC CODE -- The instructions the machine actually executes. -- Symbols used in program- ming to assist the human memory, e.g., an abbre- viation such as "MPY" for "multiply." MODULE -- A series or group of related instructions within a computer pro- gram, analogous to a chapter of a book. OBJECT CODE -- This is the program in actual machine language which the computer exe- cutes. It has been changed from the pro- gramming language used by the programmer by means of an "assembler," "compiler, " or "inter- preter." <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> ## Glossary of terms. (cont'd) PATCH, PATCHING -- Segments of program code (individual statements or routines) added to the body of a completed computer program to enhance or amend the program. PRINTOUT -- A visually perceptible printed copy. Is used variously to mean a listing of the computer instructions that form a program or the product resulting from the op- eration of the computer program. PROM (Programmable -- Read-Only Memory) A programmable ROM. RAM ( Random-Access -- Memory ) Computer storage device in which words may be "written" ( stored) or "read" (recovered) in any order at random. Conventional internal memory. ROM (Read-Only -- Memory ) A computer device con- taining a program or data permanently stored when the unit was made. In theory, it can apply to either internal memory or large-volume, exter- nal data storage. To- day, it is applied to the former. Programs stored in ROM cannot be changed easily and they <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="300-34" --> ## Glossary of terms. (cont'd) ROM (cont'd) -- execute faster; see also above entry under FIRM- WARE. ROUTINE OR PROGRAMMED ROUTINE SOFTWARE -- A series or group of instructions usually contained within a main program; analogous to a paragraph within a textual work. -- - A set of computer pro- grams, procedures, and possibly associated documentation concerned with the operation of a data processing system, e.g., compilers, library routines, manuals, cir- cuit diagrams. Con- trasts with hardware. SOURCE CODE -- This is the computer program code as the programmer originally writes it, in the pro- gramming language being used. It must be changed into object code before the computer can execute it, unless the program was originally written in object code. SUBROUTINE -- A routine that can be part of another routine; analogous to a sentence within a paragraph of narrative text. TAPE, MAGNETIC -- Large volume data storage medium for computers. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Instructional booklets, flowcharts, and the like. Registration of claims to copyright may be made for instructional booklets, flowcharts, and other material related to the development or explanation of the computer program. Because the authorship in such material is generally visually perceptible rather than machine-read- able, identifying materials may not be submitted in lieu of an actual copy or copies. Automated data bases. An automated data base is a body of facts, data, or other information assembled into an organized format, suitable for use in a computer and comprising one or more files. Where all the data in an automated data base has been previously published or regis- tered, or is in the public domain, the claim would be limited to the authorship involved in the compilation. Where the data is substan- tially or wholly new, the claim could include additional text, compilation and revised text, updates, or the like. [END OF CHAPTER 300] [1984] 327 328 <!-- PageBreak --> <!-- PageBreak --> <!-- PageHeader="Chapter 400" --> COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS Outline of Topics 401 Musical works: in general. 402 Music defined. 403 Elements of music. 403.01 Definitions. 404 Musical content. 404.01 No numerical standard. 404.02 Words and short phrases. 404.03 Transposition. 404.04 Works consisting entirely of information that is common property. 404.05 "Melodiousness" and harmony. 405 Physical embodiment of musical works. 405.01 Physical embodiment: copies. 405.02 Physical embodiment: soundtracks. 405.03 Physical embodiment: phonorecords. 406 Limitations on copyrightability. 406.01 Copyright term expired. 406.02 Certain musical arrangements. 406.03 Chord charts. 406.04 Musical works unlawfully employing other works under copyright protection. 407 Use of protected characters, names, and slogans. 408 Musical derivative works. 408.01 Musical arrangements. 408.02 408.03 Adaptation. Setting. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS" --> 408 Musical derivative works. (cont'd) 408.04 Variations. 408.05 Editing. 408.06 Additional music. 408.07 Abridgment. 408.08 "As a Whole" criterion. 409 Compilations. 409.01 Collective works. 409.02 Method books. [Numbers 410 through 416 are reserved. ] 417 Words accompanying music. 418 Claim in literary content. 419 Literary content. 420 Nondramatic literary works prepared for performance. 420.01 Song lyrics. 420.02 Comedy sketches. 420.03 Embodiment of nondramatic literary works prepared for oral delivery. [Numbers 421 through 429 are reserved. ] 430 Dramatic works. 431 Dramatic works defined. 432 Characteristic features of dramatic works. 432.01 Plot. 432.02 Characters. 432.03 Dialog. 432.04 Directions for action. 432.05 Drama without words. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS - 3 -" --> 433 Amount of dramatic content necessary. 434 Works not registrable as dramas. 435 Embodiment of dramatic works. 436 Dramatic derivative works. 437 Compilations. 438 Music accompanying dramas. 439 Components of dramatico-musical works. [Numbers 440 through 449 are reserved. ] 450 Choreographic works. 450.01 Definition. 450.02 Presentation before an audience. 450.03 Characteristics of choreographic works. 450.04 Abstract choreography. 450.05 Requirement for registration. 450.06 Choreographic content: social dance steps and simple routines. 450.07 Embodiment of choreography. 450.08 Derivative choreographic works. 450.09 Status of improvisation. [Numbers 451 through 459 are reserved. ] 460 Pantomimes. 460.01 Definition. 461 Pantomime content. 462 Distinction between pantomime and choreography. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS" --> \- 4 - 463 Embodiment of pantomimes. [Numbers 464 through 469 are reserved. ] 470 Audiovisual works. 471 A motion picture is a kind of audiovisual work. 472 Series of related images. 473 Sounds accompanying an audiovisual work. 474 Forms of embodiment. 475 Authorship in an audiovisual work. 475.01 475.02 Visually perceptible authorship. Aurally perceptible authorship. 476 Derivative audiovisual works. 477 Multimedia works. 477.01 Classification of multimedia works. [Numbers 478 and 479 are reserved. ] 480 Motion pictures. 480.01 Requirement of fixation. 480.02 Forms of embodiment. 480.03 Copyrightable subject matter. 480.04 Motion pictures as derivative works and compi- lations. [Numbers 481 through 484 are reserved. ] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS" --> 485 Motion pictures: special problems. 485.01 485.02 Fixation as it relates to publication. Works made for hire. 486 Deposit requirements for motion pictures. 486.01 Description required. 486.02 Unpublished motion pictures. 486.03 Published motion pictures. 486.04 Definition of "best edition." 486.05 Definition of "complete." 486.06 Motion Picture Agreement. 486.07 Motion Picture Agreement: Standard Modification. 486.08 Motion Picture Agreement: Supplemental Property Agreement 487 Separately registrable works of authorship fixed in film, videotape, or the like. [Numbers 488 and 489 are reserved. ] 490 Sound recordings. 491 Sound recording distinct from underlying work. 492 Sound recording distinct from sounds accompanying audiovisual work. 492.01 Classification. 492.02 Extent of claim. 493 Forms of embodiment. 493.01 Statutory definition of phonorecords. 493.02 Types of phonorecords. 493.03 Distinction between phonorecords and sound recordings. 493.04 Distinction between phonorecords and copies. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 400 COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS" --> 494 494.01 Date of fixation as it affects eligibility. Definition of fixation. 494.02 State protection for sound recordings fixed before February 15, 1972. 495 Copyrightable subject matter. 495.01 495.02 495.03 Types of copyrightable authorship. Authorship on the part of the performer. Authorship on the part of the producer. 496 Sound recordings as derivative works. 496.01 Derivative sound recordings. 496.02 Types of derivative sound recordings. 496.03 Registrability of derivative authorship. 497 Compilations. 497.01 Registrable compilations. 497.02 Non-registrable compilations. 498 Multimedia works. 498.01 Audiovisual multimedia works. 498.02 Nonaudiovisual multimedia works. [Numbers 498.03 through 498.99 are reserved. ] 499 Glossary of terms. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 400" --> # COPYRIGHTABLE MATTER: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS 401 Musical works: in general. Musical works, including any accompanying words, are regis- trable without regard to aesthetic standards. The range of registrable works consists of music produced by traditional and electronic means, including works whose production involves the use of a computer. An electronic composition utilizing tones produced by synthesizer or altered by omitting characteristics of its timbre, such as omitting decay or attack, may be registered. A discussion of the elements of musical works, criteria for copyrightability, forms of embodiment, and derivative musical works follows. 402 Music defined. Music is a succession of pitches or rhythms, or both, usually in some definite pattern. 403 Elements of music. The elements of music are melody, rhythm, and harmony. They are defined below. 403.01 Definitions. Melody: a succession of single tones; rhythm: a grouping of pulses accord- ing to emphasis and length; harmony: the combination, simultaneously, or nearly so, of different pitches. These tones are spaced at certain prescribed distances from one another in related progressions. Although a musical work will be registered if any of these three elements can be considered to constitute a work of authorship, melody, the predominant element by which a work is per- ceived, usually determines whether a work is copyrightable. Even melody, however, may be too minimal for copyright protection, as it is in "Johnny One-Note," (excluding the "break"), while other elements, such as the rhythm and harmony in this composition, supply all or substantially all of the copyrightable content. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Musical content. The criteria for copyright- ability of music are: 1) The work must contain at least a minimum amount of creative musical expression; 2) The work must not have been copied from another source. See Chapter 200: COPYRIGHTABLE MATTER - IN GENERAL. 404.01 No numerical standard. There is no pre- determined number of notes or measures that will automatically qualify a work for copy- right registration. 404.02 Words and short phrases. Words and short phrases, such as names, titles, and slogans, are not subject to copyright. 37 C.F.R. 202.1(a). Just as words and short phrases cannot be registered, phrases consisting of only a few musical notes, such as clock chimes, i.e., "mi do re sol, sol re mi do" cannot be registered. 404.03 Transposition. Transposition is the act of transferring music from one key to another, note for note. Compare "My Bonnie" in F: D etc. with "My Bonnie" in B ) : O etc. Since the relationship of all the notes to one another remains the same, and all that is required is the mere act of measuring intervals, transposition is a mechanical act and, as such, is not subject to copyright protection. There is no creative musical expression in a transposition. This turn- about four-note pattern repeated at a certain melodic interval from the preceding statement is essentially a transposition, and therefore is not registrable. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Musical content. (cont'd) 404.04 Works consisting entirely of information that is common property. Works consisting entirely of information that is common property are not subject to copyright. 37 C.F.R. 202.01 (d) . Diatonic and chromatic scales, as such are considered works con- sisting entirely of information that is common property. Thus, works of this kind are excluded from copyright protection. 0 404.05 "Melodiousness" and harmony. "Melodious- ness" and conventional (triadic) harmony are not criteria for registration. A musical composition based on a tone row, or a quarter-tone scale, for example, may be accepted for registration. Claims to copy- right in composition with harmony based on intervals of seconds, fourths, or any other combination of tones may also be registered. 405 Physical embodiment of musical works. Music may be embodied in either copies or phonorecords. No basic registration is possible, however, without some kind of physical representation of the work -- a copy, or phonorecord, or, where applicable, identifying material. See Chapter 800: DEPOSIT FOR REGISTRATION. 405.01 Physical embodiment: copies. The term "copies" includes every kind of embodiment of the work acceptable for registration, except phonorecords and certain identifying material. 405.01 (a) Copies required before 1978. Until 1978, a copy was the only form in which a musical work could be accepted for registration. Various kinds of copies, however, were acceptable. <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="400-4" --> ## Physical embodiment of musical works. (cont'd) 405.01 Physical embodiment: copies. (cont'd) 405.01 (b) Copies: musical notation. Standard musical notation, using the five-line, four-space staff is the form most fre- quently employed to embody musical works. Precision equal to that offered by conventional notation is not required, although the deposit should constitute as precise a representation of the work as possible. Any graphic representation of pitch, rhythm, or both, suffices as long as the notation is capable of being performed. Examples: graphically drawn hand signals, fret notation, staves with more or fewer lines than the conventional staff, and "new music," combining graphic art with music notation. 405.01 (c) Copies: literary description. A copy may be in the form of textual instruc- tions for performance, e.g., a descrip- tion of notes and rhythms. However, in order to be registrable as a musical composition, such instructions must be specific enough for the work to be per- formed. 405.02 Physical embodiment: soundtracks. Where music is embodied in a motion picture sound- track, the motion picture is the copy. Although the deposit ordinarily required would be the motion picture, an exception to the deposit requirements permits the deposit of identifying material instead of a copy. See Chapter 800: DEPOSIT FOR REGISTRATION. NOTE: Music published in a soundtrack before 1978 can be registered apart from the motion picture as a whole, only if the motion picture bore a separate copyright notice for the music. Music published in a soundtrack after 1977 may be registered apart from the motion picture, without a notice of copyright on the motion picture in the name of the music claimant. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-5" --> 405 Physical embodiment of musical works. (cont'd) 405.03 Physical embodiment: phonorecords. On January 1, 1978, phonorecords, including tapes, disks, sound sheets, soundwheels, and piano rolls, became acceptable deposits for registering claims to copyright in music recorded on them. Moreover, music embodied only in phonorecords before 1978 is now acceptable for registration in that form. If such phonorecords were available for sale or public distribution on January 1, 1978, after having been sold or publicly distrib- uted earlier, the musical work would be considered published and the date of such publication is January 1, 1978. See section 909, Chapter 900: PUBLICATION. 406 Limitations on copyrightability. By reason of certain limitations in the copyright law, some works are not registrable though they might otherwise appear to be the subject matter of copyright. 406.01 Copyright term expired. A work whose copy- right term has expired is not subject to copyright protection. Once a work has entered the public domain, its term cannot be extended or the protection revived. See section 103, Transitional and Supplementary Provisions of the current Act. 406.02 Certain musical arrangements. Musical arrangements embodied in a phonorecord and made pursuant to a compulsory license to make and distribute phonorecords of non- dramatic music are not subject to copyright protection without the express consent of the copyright owner. See 17 U.S.C. 115 (a) (2). 406.03 Chord charts. Chord charts ordinarily contain a significant number of public domain standard chords. To be registrable, works embodying chord charts must qualify as a compilation or as some other original work of authorship. See section 408.02 below. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Limitations on copyrightability. (cont'd) 406.04 Musical works unlawfully employing other works under copyright protection. Musical works that unlawfully employ another work under copyright protection are not them- selves subject to copyright protection if they are inseparably intertwined with the preexisting work. See 17 U.S.C. 103 (a) and H. R. Rep. No. 94-1476, 94th Cong., 2d Sess. 57-8 (1976). For example, an unlawful four- part reharmonization of "All The Things You Are" that cannot be separated from the previous melody and harmony would not be registrable. However, the Copyright Office does not generally investigate the copyright status of preexisting material or whether it has been used lawfully. Where a work unlaw- fully employs preexisting copyrighted mate- rial that is separable from the new mate- rial, the new work is registrable. 407 Use of protected characters, names, and slogans. Occasionally musical works incorporate names, titles, or slogans whose utilization is subject to restrictions under other Federal laws, but the incorporation of such items does not prevent copyright registration. Where the Copyright Office is aware that a use of certain elements within a work may be in violation of existing law, it may inform the applicant of the possible restriction and direct the applicant to the Government agency that deals with the item in question. Some examples of restricted names and characters are: "Olympic, " "Olympiad, " (36 U.S.C. 380) ; "Woodsy Owl" (18 U.S.C. 711a) ; and "Smokey Bear" (18 U.S.C. 711) . 408 Musical derivative works. A derivative work is a work based upon one or more preexisting works, such as . . . musical arrangements. 17 U.S.C. 101. In the case of derivative works, only certain kinds of preexisting material need be excluded from the claim on an application for [1984] <!-- PageHeader="☒" --> ☒ <!-- PageFooter="☒" --> <!-- PageBreak --> ## Musical derivative works. (cont'd) copyright registration, namely, that which con- stitutes a significant amount of previously registered published, or public domain mate- rial. 1\) Where the work does not incorporate any preexisting copyrightable material, but is merely based on a preexisting idea, the work is considered a new work, and not a derivative work. Example : A song about crossing a river inspired by the painting, "Washington Crossing the Delaware." 2\) Where the work incorporates only a negligible amount of previously registered, published, or public domain material, the work is considered a new work; thus, the claim to copyright need not exclude the preexisting material. Example : A musical work incorporating only the first three notes of "Also sprach Zarathustra," by Richard Strauss. 3 ) Where a work incorporates preexisting mate- rial that was theretofore unregistered and unpublished, the work is considered a new work, for purposes of most registrations. Examples : a) An author writes song lyrics in 1978 and files them away in his home. In 1981, the author sets the lyrics to new music. Even though the lyrics were preexisting when the music was composed, the lyrics are not considered a preexisting work, for purposes of registration. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 408 Musical derivative works. (cont'd) ### 3) (cont'd) Examples: (cont'd) b) A composer receives authority to set to music unpublished song lyrics that have never been registered, but is not authorized to claim copyright in the lyrics. Since the lyrics have not been previously published or registered, they are not considered a preexisting work for purposes of registration, but they should nevertheless be excluded from the claim. 408.01 Musical arrangements. A musical arrangement is a work that results from the addition of new harmony to a preexisting work. The standard of originality for arrangements takes into consideration the fact that a melody carries with it a certain amount of implied harmony. 408.01 (a) Harmonic chord symbols. Chord symbols represent the presence of three or more specific notes. However, the individual notes in the chords are not specifically distributed as are chord members in a written-out harmony or in harmony recorded on a phonorecord. To reach the "minimal amount" require- ments, harmonic chord symbols must go beyond standard chords in common sequences . Example : Chord symbols C (major), a (minor), d (minor), and G (major) are sub- mitted with original words. The harmony is not registrable because this chord sequence is both too short and standard. The words, if substantial enough, may be regis- tered. ☒ ☒ <!-- PageFooter="[1984]" --> <!-- PageBreak --> 408.01 408.01 (b) Musical derivative works. (cont'd) Musical arrangements. (cont'd) Instrumentation. Music may also be arranged by distributing or redistrib- uting harmonic elements among different instruments. Examples : 1\) An orchestration of Debussy's "Reverie, " a work originally com- posed for piano. 2 ) A marching band arrangement of Beethoven's String Quartet in G major, Opus 18, No. 2. Transpositions are not copyrightable. See section 404.03 above. Therefore, the Copyright Office will not make multiple registrations for the same work in different keys. Example : "Madame Evanti's Solfege Songs" is sub- mitted in a different key each for High, Medium, and Low voice. The applicant may select the version to be registered, but only one registration may be made. Moreover, the notation of a musical work necessary to enable transposing instruments to play in the same key is not copyrightable. Example : The transposition of the standard four-part setting of the hymn "Abide With Me" for E-flat, A-flat, and B-flat saxophones and C clarinet, assigning a different part to each instrument, is not registrable. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 408.02 ## Musical derivative works. (cont'd) Adaptation. An adaptation results from reworking a preexisting melody, possibly including rhythmic variation as well. An example might be a jazz version of the "Battle Hymn of the Republic." This defi- nition of adaptation is not as widely known as the definition of arrangement; thus, the Copyright Office will accept a claim on adaptation where the primary change is in the harmony. Where there is no registrable harmony, an application stating the claim as arrangement will not be accepted, but the Copyright Office will request that the basis of the claim be changed to adaptation, if appropriate. 408.03 Setting. A setting is a harmonization, or arrangement of a preexisting melody, or entirely new music set to preexisting words. Settings are similar to arrangements, except that they are more closely associated with preexisting words and chorale-type harmony. 408.04 Variations. Variations are adaptations and arrangements of one basic theme in various moods and styles. The basic theme is usually the preexisting work. Variations are treated as new works for purposes of registration, where the treatment results in substantial divergence from the preexisting material, or where the new material over- whelmingly predominates in comparison to the theme, such as where the theme or motive consists of only a few notes. Example : Because of substantial divergence from the theme, utilization of the Paganini motive in this phrase of Rachmaninoff's "Rhapsody on a Theme of Paganini, " Opus 43, etc. [1984] <!-- PageBreak --> 400-11 408 Musical derivative works. (cont'd) 408.04 Variations. (cont'd) Example: (cont'd) would not have prevented the Rachmaninoff work from being registered as a new work. 408.05 Editing. Music editing generally consists of markings for the performance of music, such as additional or altered fingering, accents, dynamics, and the like. 408.06 Additional music. Additions of music can be registered, such as the completion of an unfinished work or a reconstruction of missing music. 408.07 Abridgment. An abridgment of a musical work may be registrable provided that there is a substantial amount of selectivity, for example, more than merely omitting a section from the beginning or end. 408.08 "As a Whole" criterion. A derivative musical work may be registrable in the aggregate, even though the individual changes, examined separately, may not be. Example : A revision consisting of a change of fingering in two measures, added dynamics in four measures, and three measures of additional music could, in the aggregate, constitute a derivative musical work. 409 Compilations. A compilation is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordi- nated, or arranged in such a way that the resulting work as a whole constitutes an orig- inal work of authorship. The term "compilation" includes collective works. 17 U.S.C. 101. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Compilations. (cont'd) 409.01 Collective works. A collective work is a work . . . in which a number of contri- butions, constituting separate and indepen- dent works in themselves, are assembled into a collective whole. 17 U.S.C. 101. Example : A folio of selected Rodgers and Hammerstein songs. However, a work will be rejected for regis- tration if the claim is on compilation, unless it appears that enough basic material has been compiled. Example : A compilation claim on Sides 1 and 2 of a 45-r.p.m. phonorecord containing a musical selection on each side will be refused. A claim in the music, however, will be accepted if the music appears to meet the standards of originality. See section 404 above. 409.02 Method books. Method books that contain only previously published material, such as public domain chords, scales, exercises, and other information that is common property, may be registered as compilations if the works contain at least a certain minimum amount of compilation authorship. In view of the limited protection available, the Copyright Office will not suggest a compi- lation claim on its own initiative unless the contribution is obviously substantial. [Numbers 410 through 416 are reserved. ] <!-- PageFooter="[1984]" --> <!-- PageBreak --> 417 Words accompanying music. Words accompanying music are considered an integral part of the musical work. There is no specific manner in which words shall accompany music. The words may be narrated to background music, sung to music on a phonorecord, set above the notes to which they are to be sung on a notated copy, or may be written on a separate sheet with no instructions as to how they are to be performed. The Copyright Office will question whether words accompany music only where it appears improbable that the words and music are meant to be performed or otherwise used together. 418 Claim in literary content. The words must be sufficiently substantial in themselves to support a claim on words. If the words are insufficient, the Copyright Office will request that the claim on words be deleted from the application. The words may still be included as part of the deposit. 419 Literary content. In addition to ordinary words used in the conventional manner, nonsense syl- lables, nonsyntactical words, or coined words may be registered. The verbal expression, how- ever, must have been originated by a human being and be of a sufficient amount. 420 Nondramatic literary works prepared for perfor- mance. Nondramatic literary works prepared for performance may be registered in Class PA. Non- dramatic literary works not intended for per- formance should be registered in Class TX. See Chapter 300: COPYRIGHTABLE MATTER -- NONDRAMATIC LITERARY WORKS. 420.01 Song lyrics. Song lyrics, unaccompanied by music, may be registered in published or un- published form in Class PA. 420.02 Comedy sketches. Jokes and other comedy routines may be registered if they contain at least a certain minimum amount of orig- inal expression in tangible form. Short quips and slang expressions consisting of no more than short phrases are not registrable. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 420 Nondramatic literary works prepared for perfor- mance. (cont'd) 420.03 Embodiment of nondramatic literary works prepared for oral delivery. Nondramatic literary works intended for oral delivery may be embodied in copies or phonorecords. Human or mechanical agents, including com- puters, may be used to fix the words in tangible form. [Numbers 421 through 429 are reserved. ] 430 Dramatic works. The term "dramatic works" includes plays prepared for stage presentation, as well as those prepared for cinema, radio, and television. Applications for registration of claims to copyright in dramatic works should be submitted on Form PA. 431 Dramatic works defined. A dramatic composition is one that portrays a story by means of dialog or acting and is intended to be performed. It gives directions for performance or actually represents all or a substantial portion of the action as actually occurring, rather than merely being narrated or described. Examples of narration or description alone might be : the Bible story of Shadrach, Meshach, and Abednego, or a narration of the "Three Little Pigs." If the narrator is to devise or improvise his or her own action, the dramatic content is not fixed and thus the work is not a drama. 432 Characteristic features of dramatic works. Some of the features which are characteristic of dramas are the following: 432.01 Plot. A drama contains a thread of consecu- tively related events, either as a theme or in segments. A story delivered by narration alone, however, should be registered as a nondramatic work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Characteristic features of dramatic works. (cont'd) 432.02 Characters. A work may be considered a drama even though it contains only one character. The script of a soliloquy or monolog that tells a story may be registered as a drama, provided that it includes suffi- ciently explicit stage directions from which it can be performed. Example : A poem, such as "Invictus," with direc- tions for acting out the story. 432.03 Dialog. Dialog alone will constitute a drama only if characters and a plot are inherent therein. 432.04 Directions for action. While directions for action by themselves do not constitute a drama, such instructions (or the actual representation of the action) are essential to drama. 432.05 Drama without words. A drama may be represented silently, provided there is visual dramatic action or pantomime, as for example, a new drama in the Noh style. However, a still tableau depicting a story incident does not meet this criterion. 433 Amount of dramatic content necessary. The work should have enough action to avoid the conclu- sion that the dramatic contribution is too minimal for copyright protection as a dramatic work. While a mere outline or narrative summary of the idea for a drama is not registrable as a dramatic work, every element of the drama need not be set out. A scenario may be registered as a dramatic work if it is adequate to serve as the basis for directing its action, even though the directions are brief and some details are <!-- PageFooter="[1984]" --> <!-- PageBreak --> Amount of dramatic content necessary. (cont'd) left unspecified. Also, a recorded narration coupled with directions for the dramatic repre- sentation of some story incidents is registrable as a drama. Example : The script for a children's radio program narrating a visit to the zoo, containing detailed instructions to actors for charac- terizations of various animal antics. 434 Works not registrable as dramas. Simple directions for using scenery, stage settings, or ideas for sound effects do not in themselves constitute dramatic content. Where the version submitted is not an acting version, the work will not be registered as a drama. However, a work that does not meet the criteria for regis- tration as a dramatic work may contain enough copyrightable content in another category to be registrable on some other basis. 435 Embodiment of dramatic works. A drama may be embodied in manuscript, typescript, or printed copy, on a video-recording, such as a video- cassette, or another form of copy, or in a phonorecord. The fixation of a drama may be made simultaneously with its transmission or live performance. 436 Dramatic derivative works. Copyrightable addi- tions or other changes to dramatic works may be made in one or more of several categories. Where a drama is translated, the work remains dramatic in nature and can be described as such on the application. Since the copyrightable addition is not dramatic, the new claim is on translation and not on drama. Where a drama is made into a novel, the addition is not dramatic and thus neither is the new work. Where a novel is made into a drama, the copyrightable new material is dramatic. Where a preexisting drama has been <!-- PageFooter="[1984]" --> <!-- PageBreak --> 436 <!-- PageHeader="Dramatic derivative works. (cont'd)" --> substantially revised or new dramatic material has been added, the result is a dramatic deriva- tive work. 437 Compilations. A collection of dramas can be registered as a collective work. If the indi- vidual selections consist of dramatic works, the collection can be registered in Class PA, even though the dramas are not then under copyright protection. 438 Music accompanying dramas. To be a dramatico- musical composition, a sufficiently substantial part of the dramatic action or dialog should be combined with the music. Examples : Singspiel, musical comedy, operetta, and opera, including music drama. A group of songs with instructions for expres- sive delivery, however, is not a dramatico- musical work. Where music is to accompany a dramatic work, such music must be fixed in the deposit and must be copyrightable on its own to support a claim in music; it need not be inter- woven with drama, however, as long as it is intended to form an integral part of the drama. 439 Components of dramatico-musical works. The music and book of a dramatico-musical work are registrable together as one unit, or they may be registered separately. Components that are not copyrightable cannot be registered separately. [Numbers 440 through 449 are reserved. ] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-18" --> 450 Choreographic works. Under the current law, choreography is included as a specified category of works in which copyright subsists. See 17 U.S.C. 102(a) (4); see also section 460 below. 450.01 450.02 450.03 Definition. Choreography is the composition and arrangement of dance movements and patterns, and is usually intended to be accompanied by music. Dance is static and kinetic successions of bodily movement in certain rhythmic and spatial relationships. Choreographic works need not tell a story in order to be protected by copyright. Presentation before an audience. Although some reference works define choreography as "dancing, especially for the stage," presentation before an audience is not required for registration as a choreo- graphic work. Characteristics of choreographic works. Most choreography includes the following general characteristics : 450.03 (a) 450.03 (b) Compositional arrangement. Choreo- graphy represents a related series of dance movements and patterns organized into a coherent whole. The movements must be more than mere exercises, such as "jumping jacks" or walking steps. Movement or execution. Choreography is primarily executed by the torso, limbs, or both, in rhythm. 450.03 (c) Capacity for performance. The specific movements of dancers are set out in a form from which the work can be per- formed. See section 450.06 below. 450.04 Abstract choreography. The Copyright Office will register claims to copyright in all choreographic works, including abstract choreographic works, that constitute orig- inal works of authorship fixed in tangible form. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-19" --> 450 Choreographic works. (cont'd) 450.05 450.06 Requirement for registration. To be registrable, the choreographic work must contain at least a certain minimal amount of copyrightable matter in the form of dance steps or other movements in a coherent compositional arrangement. It must also be capable of performance as submitted. Choreographic content: social dance steps and simple routines. Social dance steps and simple routines are not copyrightable under the general standards of copyright- ability. Thus, for example, the basic waltz step, the hustle step, and the second position of classical ballet are not copy- rightable. However, this is not a restric- tion against the incorporation of social dance steps and simple routines, as such, in an otherwise registrable choreographic work. Social dance steps, folk dance steps, and individual ballet steps alike may be utilized as the choreographer's basic material in much the same way that words are the writer's basic material. 450.07 Embodiment of choreography. Broad outlines in which the movements of the dancers have not been set out with any certainty are not registrable as choreography. If the basic movements of the dancers have been fixed, however, registration will not be refused simply because there is room for improvisation, or because some improvisa- tion is intended. See section 450.09 below. 450.07 (a) Choreographic works embodied in motion- picture form. A choreographic work may be embodied in motion-picture form. If such a motion picture constitutes the deposit for registration, the registra- tion extends only to what is disclosed therein. <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="400-20" --> 450 Choreographic works. (cont'd) 450.07 Embodiment of choreography. (cont'd) 450.07(b) 450.07(c) Notation systems. Labanotation, Sutton Movement Shorthand, Benesch Choreology, and other systems of notation are appropriate forms of embodiment to represent the precise movements of the dancers. Such notation, however, is considered a system, and, therefore, is not registrable. See 17 U.S.C. 102(b) . Textual description. Precise explana- tions in narrative form, whether in copies or phonorecords, are acceptable if the description is specific enough to indicate detailed movements of the dancers. Where the description is not sufficiently specific, it cannot be registered as a choreographic work, but may be registrable as a literary work. 450.07(d) Combinations of various formats. A description might include a combination of forms of embodiment, for example, pictorial or graphic diagrams, or detailed verbal descriptions narrated to music on a phonorecord. 450.08 Derivative choreographic works. When sub- stantial new choreographic material has been added to preexisting choreography, it may be registered as a new choreographic work. Example : An addition of a new section to Petipa's "Don Quixote." When the only preexisting material is a few public domain steps, for example, a waltz, or ballet positions, the work is not considered derivative. See section 450.05 above. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 450 Choreographic works. (cont'd) 450.08 Derivative choreographic works. (cont'd) 450.08 (a) Other derivative works based on choreo- graphy. Nonchoreographic additions may be made to a choreographic work, for example, where a nonchoreographic comedy routine is interspersed between choreo- graphic scenes. In this case, the claim should be made on the new nonchoreo- graphic material. As a practical matter, however, the added material may dictate changes in the choreography as well, especially when new music or new dramatic scenes are added. 450.09 Status of improvisation. Registration can- not be made for improvisation to be provided by the dancer unless such improvisation is fixed. [Numbers 451 through 459 are reserved. ] 460 Pantomimes. Pantomimes are distinct from chore- ographic works, and thus their registrability does not depend on choreographic criteria. 460.01 Definition. Pantomime is the art of imi- tating or acting out situations, characters, or some other events with gestures and body movement. Mime is included under this cate- gory. Pantomimes need not tell a story or be presented before an audience to be pro- tected by copyright. 461 Pantomime content. To be registrable, panto- mimes must include more than a few stock ges- tures. As there is no copyright protection for ideas in general, a style of movement imitating mechanical dolls, for example, would not be protectible. A significant amount of copyright- able matter in the form of specific gestures in [1984] <!-- PageBreak --> 461 Pantomime content. (cont'd) such style and embodied in some tangible form, however, may be registered. Tableaux employing less than a minimum amount of action are not registrable as pantomimes. See section 433 above. 462 Distinction between pantomime and choreography. In general, pantomime movement is more restricted than dance although, within its narrower scope, pantomime employs more gestures of the arms and facial expressions. Also, pantomime is usually more representational than choreography, in that it imitates or is a caricature of some event or situation. Pantomime movement is synchronized with music less often than is choreography. In fact, pantomimes are often performed without music, and any accompanying sound is dictated by the situation being portrayed. Most often, however, pantomimes are performed without sound or measured rhythm. 463 Embodiment of pantomimes. Unlike choreography, pantomimes are not usually fixed using a speci- fic form of symbolic notation. Conceivably, however, the same systems could be used for notating pantomimes as for dance. To register a work as a pantomime, the movements must be described in sufficient detail to enable the work to be performed from such description, or an actual performance must be captured on some form of film or videotape. Subject to this requirement, any form of copy or a narrative description on a phonorecord will suffice. [Numbers 464 through 469 are reserved. ] 470 Audiovisual works. Audiovisual works are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompany- ing sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. 17 U.S.C. 101. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 471 A motion picture is a kind of audiovisual work. Motion pictures are audiovisual works consis- ting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. 17 U.S.C. 101. For a separate discussion of motion pictures, see section 480 et seq. below. It is possible for the series of related images to be embodied in a medium that is traditionally used for motion pictures, for example, film or videotape, and not impart an impression of motion. In such cases, the work is audiovisual, but not a motion picture. A series of related photographs or drawings embodied in the film stock would not be con- sidered a motion picture, unless, when shown, the images give an impression of motion. Such an impression of motion could be accomplished by incorporating certain cinematic techniques, such as panning in and out and dissolving. 472 Series of related images. It is the presence of the series of related images embodied in a filmstrip slides, or the like, which generally determines that a work is audiovisual even where this element does not predominate. For example, where a work consists of a series of related pictorial images, accompanied by a set of booklets containing nondramatic literary printed matter, the claim is usually appropriately registered in Class PA, even though the printed matter predominates. 473 Sounds accompanying an audiovisual work. When sounds are present, they do not need to be physically integrated with the series of related images to be considered "accompanying sounds," for example, a filmstrip with a separate audio cassette. By definition, there is a distinction between the "accompanying sounds" of an audio- visual work and the series of sounds in a "sound recording." While sound recordings are works that result from the fixation of a series of musical, spoken, or other sounds, such sounds do not include "sound accompanying a motion picture or other audiovisual work." <!-- PageFooter="[1984]" --> <!-- PageBreak --> Forms of embodiment. The series of related images in an audiovisual work may be embodied in several different media, for example, a filmstrip, slides, or transparencies. Any accompanying sounds may be embodied in an audio cassette, reel-to-reel tape, or disk. They may also be physically integrated with the related images, for example, in a cartridge. For embodiments of audiovisual works which are motion pictures, see section 480.02 below. 475 Authorship in an audiovisual work. Audiovisual works embody several categories of authorship. 475.01 Visually perceptible authorship. Any kind of visually perceptible material such as photographs and artwork may be embodied in the related images of the audiovisual work. 475.02 Aurally perceptible authorship. If an aural element is present, it may embody several kinds of authorship such as dramatic or nondramatic literary material, or music which is recorded, as well as the "accom- panying sounds." 476 Derivative audiovisual works. For registration purposes, a derivative audiovisual work is a work that incorporates previously published, registered, or public domain material. If an audiovisual work contains some photographs by Mathew Brady as well as some new photographs, the Form PA should be completed to show the extent of the claim. Or, if the text recorded in the aural element contains numerous Biblical quotations, the quotations should be excluded from the claim. 477 Multimedia works. A multimedia work is one which combines two or more kinds of authorship in two or more media, for example, a filmstrip and cassette, or a booklet and slides. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-25" --> 477 Multiple works. (cont'd) 477.01 Classification of multimedia works. The content of the multimedia work determines which class is appropriate for registration. For example, the presence of a series of related images makes the work audiovisual in nature, and registration is generally appro- priate in Class PA. See section 490 et seq. for a discussion of multimedia works that do not include an audiovisual element. [Numbers 478 and 479 are reserved. ] 480 Motion pictures. Motion pictures are audio- visual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accom- panying sounds, if any. 17 U.S.C. 101. 480.01 Requirement of fixation. To be eligible for copyright protection, a motion picture must be fixed. See Chapter 200: COPYRIGHT- ABLE MATTER -- IN GENERAL. A telecast transmission of a live performance is not considered a "motion picture." However, a motion picture is created when an authorized fixation is made of a live performance or telecast. 480.02 Forms of embodiment. Motion picture authorship may be embodied in several different forms, including the following: 1) Film - a thin sheet or strip of flexible cellulose material coated with a photo- sensitive emulsion. 2) Videotape - a magnetic tape containing video signals or picture information recorded by a television camera system. 3 ) Videodisk - a magnetic alloy-plated aluminum disk on which picture infor- mation is recorded. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Motion pictures. (cont'd) Forms of embodiment. (cont'd) 480.02 4 ) Hologram - a special photographic film or plate which, when developed and illuminated from behind by a coherent light beam, produces an intangible three-dimensional image in space. No visual image appears on the film or plate whose function is to record photo- graphically a light-wave interference pattern made by intersecting beams of coherent light. 480.03 Copyrightable subject matter. A motion picture may embody the contributions of many persons whose efforts are brought together to make a cinematographic work of author- ship. Some examples of copyrightable elements might be camerawork, directing, editing, sound engineering, and other cinematographic contributions. By contrast, however, mere mechanical acts cannot serve as the basis for copyright registration; for example, a claim based on conversion from 35-mm film to one-half-inch videocassette is not subject to registration. 480.04 Motion pictures as derivative works and compilations. Generally, motion pictures by their nature are derivative works. For registration purposes, the motion picture is considered derivative only when it incor- porates previously registered, published, or public domain material. In these cases, the application should identify such pre- existing material incorporated in the work and also include a "material added" state- ment. The following examples reflect how this should be stated in the appropriate space on the application form: <!-- PageFooter="[1984]" --> <!-- PageBreak --> 480.04 Motion pictures. (cont'd) Motion pictures as derivative works and compilations. (cont'd) Preexisting material "Material added" statement 1) Previously published 1) film footage from a 1924 silent movie. All other cinema- tographic material. 2) Novel: "The Ghost 2) of Hawk Mountain." Television dramati- zation. 3) Screenplay regis- 3) tered in 1960. Cinematographic material. Compilation authorship in a motion picture is generally combined with editing authorship. The following example reflects how this can be stated on an application for registra- tion : Preexisting material "Material Added" statement Assorted newsreel foot- age, still photographs, and radio commentaries from 1938 to 1940, drawn from various sources. Compilations and editing of old materials, plus new script and narra- tion, and some new cine- matographic material. [Numbers 481 through 484 are reserved. ] 485 Motion pictures: special problems. Discussed below are special problems and policies that are peculiar to motion pictures. 485.01 Fixation as it relates to publication. The definition of publication" includes the offering to distribute copies . . . to a group of persons for purposes of further distribution, public performance, or public <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-28" --> ## Motion pictures: special problems. (cont'd) 485.01 Fixation as it relates to publication. (cont'd) display. 17 U.S.C. 101. This sentence is generally recognized as including motion picture distribution practices. Inherent within the definition as a whole is the presumption that copies are in existence and ready for distribution before a work can be published. Thus, offers in the form of advertising, and catalog or other distribution offers made before or during production of the motion picture, do not constitute publication. For a general discussion of fixation, see Chapter 100: BASIC POLICIES. 485.02 Works made for hire. A "work made for hire" is a work prepared by an employee within the scope of his or her employment; or . . . a work specially ordered or commissioned for use . . . as a part of a motion picture or other audiovisual work . . . if the parties expressly agree in a written instrument signed by them that the work shall be con- sidered a work made for hire. 17 U.S.C. 101. Ordinarily, a motion picture embodies the contributions of a number of persons who are employees in a work made for hire, either by virtue of being employees working within the scope of their employment, or by special written agreement that their contri- bution shall be considered a work made for hire. In the case of a work made for hire, the employer, and not the individual employees who actually created the work, is considered the "author" for copyright purposes. For a general discussion of authorship, see Chapter 200: COPYRIGHTABLE MATTER -- IN GENERAL. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 486 Deposit requirements for motion pictures. The deposit required to accompany an application for registration of copyright claims for pub- lished and unpublished motion pictures is discussed below. For a discussion of deposit requirements for motion pictures, see Chapter 800: DEPOSIT FOR REGISTRATION, sections 806.13 and 807. 486.01 Description required. In all cases, whether the motion picture is published or unpub- lished, the deposit must include a written description of the contents of the motion picture. This may be a shooting script or continuity, a pressbook, or a detailed synopsis. 37 C.F.R. 202.20 (c) (2) (ii). The separate description should contain full, complete, and detailed information about the work, including the running time. When the Copyright Office is asked, it will encourage the deposit of a shooting script as the description. NOTE: This description does not in any way extend the registration coverage beyond the material fixed in the motion picture. 486.02 Unpublished motion pictures. The deposit required to accompany an application for registration of a copyright claim in an unpublished motion picture, in addition to the description, can be either of the following : 1\) One complete copy of the motion picture containing all the visual and aural elements that the registration covers ; or 2\) Identifying material consisting of one of the following: a) An audio cassette or other audio recording reproducing the entire soundtrack or other sound portion of the motion picture; or <!-- PageFooter="[1984]" --> <!-- PageBreak --> 486 ## Deposit requirements for motion pictures. (cont'd) 486.02 Unpublished motion pictures. (cont'd) 2\) (cont'd) b) A set of prints consisting of one frame enlargement or similar visual reproduction from each ten-minute segment of the motion picture. Where the work is a videorecording, prints taken from the viewing monitor are the preferred form of deposit. 486.03 Published motion pictures. The deposit required to accompany an application for registration of a claim to copyright in a published motion picture, in addition to the written description, is one complete copy of the best edition. 486.04 Definition of "best edition." The "best edition" is that edition published in the United States at any time before the date of deposit that the Library of Congress determines to be most suitable for its purposes. 37 C.F.R. 202. 20 (b) (1) and 202.19 (b) (1). The criteria, listed in descending order of preference, are: 1\) Film rather than any other medium. : 1 a) Preprint material, by special arrangement b) Most widely distributed film gauge c) 35 mm rather than 16 mm d) 16 mm rather than 8 mm e ) Special formats ( for example, 70 mm) only in exceptional cases f) Open reel rather than cartridge or cassette <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-31" --> 486 ### Deposit requirements for motion pictures. (cont'd) 486.04 Definition of "best edition." (cont'd) 2\) Videotape rather than videodisk a) Most widely distributed tape gauge b) Two-inch tape c) One-inch tape d) Three-quarter-inch tape cassette e) One-half-inch tape cassette See generally Appendix, 43 Fed. Reg. 763-771 (1978). 486.05 Definition of "complete." A copy of any published or unpublished motion picture is "complete" if the reproduction of all of the visual and aural elements comprising the copyrightable subject matter in the work is clean, undamaged, undeteriorated, and free of splices, and if the copy itself and its physical housing are free from any defects that would interfere with the performance of the work or that would cause mechanical, visual, or audible defects or distortions. 37 C.F.R. 202. 20 (b) (2) (vi). 486.06 Motion Picture Agreement. The Copyright Office Regulations permit copyright depos- itors of published motion pictures to enter into an agreement with the Library of Con- gress allowing for the return of deposit copies to such depositors under certain conditions. 37 C.F.R. 202.20 (c) (2) (ii). The Motion Picture Agreement provides that after copyright registration has been com- pleted, the deposit copy will be returned to the depositor (upon written request and at the depositor's expense) and is subject to recall for the collections of the Library of Congress within a period of two years. The depositor, in signing the Motion Picture <!-- PageFooter="[1984]" --> <!-- PageBreak --> 486 Deposit requirements for motion pictures. (cont'd) 486.06 Motion Picture Agreement. (cont'd) Agreement, agrees to provide the Library of Congress with a copy of archival quality if and when such a copy is requested. See 43 Fed. Reg. 12, 320-4 (1978) and Chapter 800: DEPOSIT FOR REGISTRATON. 486.07 Motion Picture Agreement: Standard Modifi- cation. Works initially published outside the United States, but later published in the United States prior to the date of deposit are governed by the basic Motion Picture Agreement. Works published only outside the United States may be made subject to the Motion Picture Agreement if the Standard Modification is executed by the depositor in addition to the basic Motion Picture Agreement. See Chapter 800: DEPOSIT FOR REGISTRATION. 486.08 Motion Picture Agreement: Supplemental Property Agreement. The purpose of the Supplemental Property Agreement is to allow the depositor to submit something other than the "best edition" for registration. See Chapter 800: DEPOSIT FOR REGISTRATION. By filing a Supplemental Property Agreement, the depositor agrees to submit a best- edition copy of archival quality, if the Library calls for a copy of the motion picture under the terms of the Motion Picture Agreement. See 43 Fed. Reg. 12,320-4 (1978). 487 Separately registrable works of authorship fixed in film, videotape, or the like. For a dis- cussion of deposit requirements for separately registrable works of authorship fixed in film, videotape, or the like, see Chapter 800: DEPOSIT FOR REGISTRATION, section 806.13(b) (4). <!-- PageFooter="[Numbers 488 and 489 are reserved. ]" --> <!-- PageFooter="[1984]" --> <!-- PageBreak --> Sound recordings. Sound recordings are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied. 17 U.S.C. 101. 491 Sound recording distinct from underlying work. Copyright in a sound recording relates only to the particular series of sounds constituting the recording. It is not the same as, nor is it a substitute for, copyright in a musical, dramatic, or literary work, the performance of which is recorded. 492 Sound recording distinct from sounds accom- panying audiovisual work. Sounds accompanying audiovisual works, whether physically integrated with the audiovisual work ( such as a soundtrack on a motion picture) or fixed on a separate tape, disk, or other such object, are not sound recordings under the statute. 492.01 Classification. Where a sound recording claim is asserted in sounds accompanying an audiovisual work, and the complete audio- visual work is being registered, the Copy- right Office will request a new application in the class appropriate to audiovisual works. See section 470 et seq. above. Example : A multimedia kit containing a filmstrip and an accompanying cassette tape is sub- mitted in Class SR with a claim on "sounds, text, and photographic material." Since this is an audiovisual work, the sounds are not considered a "sound recording," and are not registrable as such. The claim to copyright should be registered in Class PA as an audiovisual work. See sections 470 and 477 above. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Sound recording distinct from sounds accompany- ing audiovisual work. (cont'd) 492.02 Extent of claim. Where a sound recording contains sounds previously published as part of a motion picture, the claim must be limited to the material not contained in the motion picture. See section 496.03 below. Example : Album jacket states "original soundtrack recording," and application asserts an unlimited claim in sounds. The Copy- right Office will question whether the sounds are the same as those originally fixed in the motion picture, or whether they have been altered. If the sounds are unchanged, they are not considered a "sound recording," and the claim cannot be registered as a sound recording. (The sounds could be, and generally are, covered by the registration for the motion picture. ) However, if the sounds are substantially altered from those in the motion picture, perhaps remixed from the original multi-track tapes, a claim in the sounds may be registered, but it must be limited to the new material, as for example, the remixing. 493 ## Forms of embodiment. Sound recordings are embodied in phonorecords. 493.01 Statutory definition of phonorecords. "Phonorecords are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term "phonorecords" includes the material object in which the sounds are first fixed. 17 U.S.C. 101. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 493.02 Forms of embodiment. (cont'd) Types of phonorecords. Examples include the following : 1\) Vinyl disks: common types are 45-r.p.m. and 33-r.p.m. 2\) Audio tapes: open reels, cartridges, and cassettes. 3\) Player piano rolls: perforated sheets on a roll. 4\) Sound cards: cards with sound embodied in horizontal tape strip. 5\) Sound sheets: paper backed with an oxide cover . 6\) Perforated metal disks: such disks include sprocketed disks often used in music boxes. 493.03 Distinction between phonorecords and sound recordings. The term "phonorecord" refers only to the material object in which a work is embodied; the phonorecord itself is not a work of authorship. A "sound recording, " on the other hand, is a work of authorship, regardless of the type of phonorecord in which it is embodied. 493.04 Distinction between phonorecords and copies. "Copies" are material objects, other than phonorecords, in which a work is fixed. See 17 U.S.C. 101. The term "copy" usually applies to a material object from which a work can be visually perceived (with or without the aid of a device or machine), but may also refer to a material object in which sounds accompanying a audiovisual work are fixed. The term "phonorecord" applies to a material object in which sounds are fixed, other than those sounds accompanying an audiovisual work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Date of fixation as it affects eligibility. No sound recording fixed before February 15, 1972, is subject to Federal copyright protection. See 17 U.S.C. 301(c). Any sounds fixed before February 15, 1972, must be excluded from the claim. Where it appears that all or a substan- tial part of the sounds may have been fixed before February 15, 1972, the basis of the claim will be questioned. 494.01 Definition of fixation. A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is suffi- ciently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. 17 U.S.C. 101. Examples : 1\) Phonorecord jacket states: "Recorded live in 1970." The Copyright Office will question the date of fixation. 2\) Phonorecords indicate that the work is a compilation of disk jockey radio shows of the 1940's with some new musical and narrative material. The Copyright Office will question the fixation date of the sounds from the disk jockey radio shows. If fixed before February 15, 1972, these sounds should be excluded from the claim. 3\) Phonorecords state that the work consists of some of the last live performances of a musician who died before February 15, 1972. The Copyright Office will question the date of fixation. If all sounds were fixed before February 15, 1972, the only possible claim is in the compilation. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Date of fixation as it affects eligibility. (cont'd) 494.01 Definition of fixation. (cont'd) 4\) The work recorded is an opera. Phono- records state: "The famous radio broad- cast of this opera on December 7, 1940, is made available for the first time." The Copyright Office will question the date of fixation. If the sounds in the radio broadcast were fixed at the time of original transmission, the sound recording is not registrable. 494.02 State protection for sound recordings fixed before February 15, 1972. With respect to sound recordings fixed before February 15, 1972, any rights or remedies under the common law or statutes of any State shall not be annulled or limited by the copyright law until February 15, 2047. 17 U.S.C. 301 (c) . 495 Copyrightable subject matter. To be regis- trable, there must be an appreciable amount of original sound recording authorship. Registra- tion as a sound recording is not authorized if original authorship is lacking, as for example, where there is no human authorship and the recording results from a purely mechanical process. 495.01 Types of copyrightable authorship. Sound recording authorship may be contributed by the performer or the record producer. Usually, authorship is contributed by both performer and producer. The Copyright Office will accept an application naming the performer or the producer or both as author(s) of the sound recording, provided it is clear that the author (s) named con- tributed copyrightable authorship. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 495 Copyrightable subject matter. (cont'd) 495.02 Authorship on the part of the performer. Only a human performer can contribute per- formance authorship. Such performance will presumably result in a sound recording when the performance is fixed on a phonorecord. 495.02 (a) Musical sounds. Included are sounds produced by vocalists and instrumental- ists. Examples : 1) ) A recording of a vocalist performing selected songs of a well-known contemporary composer . 2 ) A recording of a pianist performing a Beethoven sonata. 495.02 (b) Spoken sounds. Included are sounds spoken by an actor, orator, lecturer, or the like. Examples : 1) A recording of an actor portraying Hamlet. 2) A recording of a preacher delivering a sermon. 495.03 Authorship on the part of the producer. This type of authorship involves capturing and elec- tronically processing the sounds, and compiling and editing them to make the final recording. 495.03 (a) Producer's contribution in the recording of musical or spoken sounds. Where there is sound recording authorship on the part of the performer, the producer may have also contributed copyrightable sound engineering authorship to the sound recording. <!-- PageFooter="[1984]" --> ☒ <!-- PageBreak --> <!-- PageHeader="400-39" --> <!-- PageHeader="Copyrightable subject matter. (cont'd)" --> 495.03 Authorship on the part of the producer. (cont'd) 495.03 (b) Producer's contribution in the recording of other sounds. In some cases, for example where sounds are produced by nature or non-human sources, the copy- rightability of the sound recording depends on the contribution of the record producer in selecting, recording, and mixing the sounds. Examples : 1\) Recording of bird calls. 2\) Recording of sounds of racing cars. 496 Sound recordings as derivative works. A deri- vative work is one based upon one or more pre- existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, trans- formed, or adapted. A work consisting of edi- torial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a derivative work. 17 U. S.C. 101. A sound recording usually embodies a pre-existing musical composition or literary work, and in that sense is usually a derivative work. 496.01 Derivative sound recordings. For registra- tion purposes, a derivative sound recording is one in which previously published or registered recorded sounds are rearranged, remixed, or otherwise altered in sequence or character. A sound recording consisting of an entirely new and independent fixation of original sounds is not a derivative sound recording for registration purposes. This <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-40" --> 496 Sound recordings as derivative works. (cont'd) 496.01 Derivative sound recordings. (cont'd) distinction is important since it determines when a "material added" statement will be required on the application. Examples : 1) A sound recording of a Beethoven symphony may be considered a derivative work under the definition in the statute, in the sense that it embodies a preexisting musical composition. If it is an entirely new recording, however, the Copyright Office does not regard it as a derivative sound recording for registration purposes. 2) If a previously released recording of a Beethoven symphony was later remixed, the resulting sound recording would be a deri- vative sound recording. 496.01 (a) When a "material added" statement will not be required. On an application for registration, a statement of material added will not be required for a sound recording consisting of an entirely new fixation where the authorship statement refers only to the sound recording. 496.01 (b) When a "material added" statement will be required. On an application for registration, the Copyright Office will require a statement of material added for a sound recording containing pre- viously published or registered sounds, or sounds fixed before February 15, 1972. The Copyright Office will also require a statement of material added if the authorship statement on the appli- cation refers to element(s) other than the sound recording ( for example, the underlying work or artwork on the record jacket) which have been previously pub- lished or registered. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 496 Sound recordings as derivative works. (cont'd) 496.02 496.03 Types of derivative sound recordings. These include sound recordings with additional recorded material or preexisting sounds recast. Registrability of derivative authorship. A new version is registrable only if it con- tains at least a certain minimum amount of recast sounds or new recorded material. Where only a few slight variations or minor additions of no substance have been made, registration is not possible. Also, where the changes are the result of mechanical rather than creative processes, registration will be refused. 496.03 (a) Additional recorded material. Where more than a certain minimum amount of new recorded material is added to pre- viously released or registered sounds, the new version is registrable. The claim should be limited accordingly. 496.03 (b) Preexisting sounds recast. This includes recordings reissued with sub- stantial editorial revisions or abridg- ments of the recorded material. NOTE: For specific definitions of terms listed below, see the Glossary of Terms in section 499 below. 496.03 (b) (1) Copyrightable elements. The following elements are acceptable as descriptions of material added: -- Remixed -- Remixed for quad from original multi- track sound sources -- Remixed for continuity and balance -- Resequencing -- Sweetening -- New mix -- Remixed for stereo <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> 496 Sound recordings as derivative works. (cont'd) 496.03 Registrability of derivative authorship. (cont'd) 496.03 (b) Preexisting sounds recast. (cont'd) 496.03 (b) (1) Copyrightable elements. (cont'd) -- Remixed for monaural sound -- Compilation ( see also section 497 below) . 496.03 (b) (2) Noncopyrightable elements. Claims based solely on the following elements will be refused : -- New master cut -- Remastering -- Enhanced stereo -- Encoding a two-track master onto four channels -- Reprocessing -- Compatible stereo -- Simulated stereo -- Electronically rechanneling for stereo (or quad) -- Electronically enhanced -- Derived 4-channel -- Declicking -- Reissue -- Dolbyized NOTE: Any claim in a sound recording originally fixed before February 15, 1972, must be limited to whatever sound recording authorship may have been added on or after February 15, 1972. See section 494 above. Where the original fixation was in a mono- phonic recording, the possibility of adding copyrightable authorship by editing or mixing in the course of reprocessing is minimal or non- existent, so that the copyrightable <!-- PageFooter="[1984]" --> <!-- PageBreak --> 496.03 496.03 (b) 496.03 (b) (2) Sound recordings as derivative works. (cont'd) Registrability of derivative authorship. (cont'd) Preexisting sounds recast. (cont'd) Noncopyrightable elements. (cont'd) NOTE: (cont'd) content of the original sounds and the new ones remains essentially unchanged. In such a case, the date the original recording was made is the date of fixation, and there is generally no new sound recording authorship ( except compilation, where appropriate) on which to base a claim. Most recordings made before 1960 fall into this cate- gory. 496.03 (b) (3) Minimal contributions. The follow- ing elements may involve effort, but registration based on them alone will be refused. However, where they are included in addition to clearly copyrightable new material, the claim should be registered. 496.03 (b) (4) -- Changing the treble (highs) and bass ( lows) -- Equalization -- Reverberation -- Balancing Elements whose registrability is subject to question. These include the following: 1\) Editing. The Copyright Office will question "editing" when this is the only statement of new material. A claim based on "editing" should be defined in terms of specific sound engi- neering techniques employed. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-44" --> ## Sound recordings as derivative works. (cont'd) 496.03 Registrability of derivative authorship. (cont'd) 496.03 (b) Preexisting sounds recast. (cont'd) 496.03(b) (4) Elements whose registrability is subject to question. (cont'd) 2) Abridgment. Such a claim will not be questioned unless there is reason to doubt its substan- tiality. 3) Overdub. If there is newly recorded material added, the Copyright Office will register the claim; otherwise, an expla- nation of the nature and extent of the claim will be requested. 4) Re-engineering. The Copyright Office will request an explana- tion. 496.03 (b) (5) Ambiguous or unfamiliar terms. The Copyright Office will question am- biguous or unfamiliar terms. 497 Compilations. A compilation is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordi- nated, or arranged in such a way that the resulting work as a whole constitutes an orig- inal work of authorship. 17 U.S.C. 101. 497.01 Registrable compilations. A collection of previously published or registered sound recordings, or of sound recordings fixed before February 15, 1972, in which the assembling, selection, or combination of works represents original authorship, con- stitutes a registrable compilation. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 497 Compilations. (cont'd) 497.01 Registrable compilations. (cont'd) Examples : 1\) "The Greatest Country & Western Recordings of 1975" 2\) "The Greatest Recordings of the Nine Beethoven Symphonies" (a recording of the nine Beethoven symphonies, each performed by a different orchestra and conductor ) 497.02 Non-registrable compilations. A mere re- publication together of several previously released or registered sound recordings, where no appreciable degree of original authorship was involved in putting the sound recordings together, does not con- stitute a registrable compilation. Examples : 1\) Combination of three previously released recordings. The Copyright Office will refuse a claim in compilation, since the compilation of only three selections does not represent enough authorship to support such a claim. 2\) A well-known conductor's recordings of the Nine Beethoven Symphonies with the same orchestra, where all nine sympho- nies have been previously released sepa- rately. The Copyright Office will refuse to register the claim in compila- tion. Merely grouping together a single conductor's recordings of the nine Beethoven symphonies with the same orchestra does not represent enough original authorship to support a claim. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 498 Multimedia works. A multimedia work is one which, excluding the physical housing of its components, combines two or more kinds of authorship in two or more of the following media: phonorecords, copies from which the work may be visually perceived without the aid of a machine or device, and copies from which the work is intrinsically intended to be perceived with the aid of a machine or device. 498.01 498.02 Audiovisual multimedia works. These incor- porate an audiovisual work; any accompanying sound element is not registrable as a sound recording. See sections 492 and 470 above. Nonaudiovisual multimedia works. A non- audiovisual multimedia work generally incor- porates a sound recording accompanied by material which can be perceived visually without the aid of a machine or device ( for example, textual material in a booklet). The sound recording and any material published with it, such as underlying text, or accom- panying text or illustrations, may be regis- tered together in Class SR. For registra- bility of various elements, see sections appropriate to each such element. [Numbers 498.03 through 498.99 are reserved. ] Glossary of terms. The following is a list of terms recordings. commonly used with reference to sound BALANCE -- relative level or volume, for example, between different or instruments, bass and treble, or different tracks or channels. BALANCING -- adjusting the relative levels of voices or instruments, bass and treble, or recorded tracks. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-47" --> Glossary of terms. (cont'd) CARTRIDGE -- an enclosed package containing a continuous loop of magnetic tape and its winding apparatus, thus removing the need for handling the tape. CASSETTE -- a sealed package containing a length of magnetic tape and winding apparatus which can be loaded into a player without handling or threading the tape. CHANNEL -- a single recording path, for example, from microphone to speaker . DECLICKING -- in reprocessing sounds from an old 78-r.p.m. recording, the process of eliminating the noises or "clicks" pro- duced by groove irregulari- ties, by manually or elec- tronically removing them from the tape made from the old recording. DECODING -- transforming information from a form suitable for trans- mission to a form suitable for use. Frequently used in reference to quadraphonic recordings, which require an electronic "decoder" for playback. DOLBYIZED -- refers to a recording pro- cessed through a particular noise reduction device (a "dolby"). The dolby achieves noise reduction by raising the volume of quiet passages while recording and lowering them to proper levels while playing back. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-48" --> <!-- PageHeader="Glossary of terms." --> ## (cont 'd) DUB -- to duplicate a sound recording by making an exact recording from that recording; or a duplication of a recording made by dubbing; to dub may also mean to add sounds to a recording or to combine two or more sources of sound (at least one of which is a recording) into one record. EDITING -- cutting and splicing tape to rearrange recorded material, thus changing content, form, or replacing undesirable material. ENCODING -- to convert (as a body of information) from one system of communication into another; especially to convert infor- mation into code; for example, reprocessing a stereo record- ing into a quadraphonic for- mat which can be played on equipment with a quadraphonic decoder to produce a quadra- phonic effect. EQUALIZATION -- the process of boosting treble during recording and boosting bass during playback, so as to compensate for losses in record- ing and reproduction, usually with the intent of achieving a result as close to the original performance as possible. LOOP -- a length of tape with its ends spliced together for continuous playback. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="400-49" --> Glossary of terms. (cont'd) MASTER -- may refer to the original recording made directly from recording microphones, the final mixed-down tape from which other recordings are made, or the lacquer disk from which stampers are made for vinyl pressings. MIXING -- - combining many separate tracks into fewer tracks, usually one, two, or four. MONOPHONIC -- recorded on a single channel or played back from a single sound source. MULTI-TRACK -- refers to a recorder which produces, or a recording which contains, more than two tracks or channels of rec- orded information, generally eight or more. OVERDUB -- mixing previously recorded material with new material. QUADRAPHONIC -- four-channel sound reproduc- tion. REMASTERING -- cutting a new master from the original recording, usually without remixing. REMIXING -- mixing down from multiple tracks to one, two, or four tracks for the second or any subsequent time. REVERBERATION -- prolongation of sounds by repetition, resulting from sound reflections in a large hall or simulating such reflections. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Glossary of terms. (cont'd)" --> STEREOPHONIC \-- sound reproduction on two or more channels. COMPATIBLE STEREO -- refers to a recording which may be played on either stereophonic or monophonic equipment with- out loss of quality. ENHANCED STEREO -- refers to a stereo recording in which the stereo effect has been augmented by increasing or heightening the separation between channels. SIMULATED STEREO -- refers to a recording originally made mono- phonically, reprocessed so as to get a stereo effect. ## SWEETENING -- the addition of strings, brass, background vocals, etc. to a previously recorded tape. [END OF CHAPTER 400] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 500" --> ## COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS Outline of Topics 501 Pictorial, graphic, and sculptural works: in general. 501.01 Forms of embodiment. 502 Works of art. 503 Registration requirements for drawings, paintings, other pictorial works, and sculpture. 503.01 Style and artistic merit. 503.02 Copyrightable pictorial, graphic, and sculp- tural expression. 503.03 Works not capable of supporting a copyright claim. 504 Registration requirements for two-dimensional useful articles, three-dimensional works of artistic craftsmanship, and models. 504.01 504.02 Material not subject to registration. Examples. 505 Registration requirements for the shapes of three- dimensional useful articles. 505.01 Definition of useful article. 505.02 Separability test. 505.03 Separability test: conceptual basis. 505.04 Separability test: physical basis. 505.05 Separability test: factors not relevant in determining registrability. 506 Prints. 506.01 Registration requirements. 506.02 Pictorial or graphic material. 506.03 Uncopyrightable elements. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 500 COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS" --> \- 2 - 507 Reproductions of pictorial, graphic, or sculp- tural works. 507.01 Registration requirements. 507.02 Derivative works. 507.03 Reproductions not capable of supporting a registration. 508 Photographs, holograms, and individual slides. 508.01 Registration requirements. 508.02 Uncopyrightable works. 509 Maps. 509.01 Registration requirements. 509.02 Compilations and derivative works. 509.03 Elements not capable of supporting a copyright. 510 Scientific works: architectural and technical drawings and models. 510.01 Registration requirements. 510.02 Uncopyrightable works. 510.03 Ideas, processes, or systems. 510.04 Subjects depicted. <!-- PageBreak --> <!-- PageHeader="Chapter 500" --> COPYRIGHTABLE MATTER: PICTORIAL, GRAPHIC, AND SCULPTURAL WORKS 501 Pictorial, graphic, and sculptural works: in general. The copyright law defines "pictorial, graphic, and sculptural works" as including two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. See 17 U.S.C. 101. 501.01 Forms of embodiment. Registrable pictorial, graphic, or sculptural authorship may be embodied in a wide variety of forms. These include works of fine, graphic, and applied art; prints; photographs, holograms, and individual slides; art reproductions; maps, globes, and charts; architectural and tech- nical drawings; diagrams, patterns, models, and the like; and advertisements. Motion pictures, film strips, slide presentations, and other audiovisual works are not "pic- torial works" for the purpose of registration. 502 Works of art. These include works of the fine arts, such as paintings, other pictorial works, and sculpture, as well as works of artistic craftsmanship, such as jewelry, glassware, ceramic figurines, table service patterns, wall plaques, grave markers, toys, dolls, stuffed toy animals, models, and the separable artistic features of two-dimensional and three-dimen- sional useful articles. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 503 Registration requirements for drawings, paint- ings, other pictorial works, and sculpture. Generally, in order to be entitled to regis- tration, such works must contain original pic- torial, graphic, or sculptural authorship. If the work consists entirely of uncopyrightable elements, registration is not authorized. On the other hand, the mere presence of uncopy- rightable elements in a work will not prevent registration on the basis of features that are copyrightable under the statute. Thus a design, otherwise original, may be registrable even though it incorporates uncopyrightable standard forms, such as circles and squares. 503.01 Style and artistic merit. The registrability of a work of the traditional fine arts is not affected by the style of the work or the form utilized by the artist. Thus, the form of the work can be representational or abstract, naturalistic or stylized. Likewise, the regis- trability of a work does not depend upon artistic merit or aesthetic value. For example, a child's drawing may exhibit a very low level of artistic merit and yet be entitled to registration as a pictorial work. 503.02 Copyrightable pictorial, graphic, and sculp- tural expression. A claim to copyright in a work of the traditional fine arts will be registrable if the work contains at least a certain minimum amount of pictorial, graphic, or sculptural expression owing its origin to the author. If the expression is pictorial, the authorship could be expressed, for example, in the linear contours of a drawing, the assemblage of diverse fragments forming a collage, or the arrangement and juxtaposition of pieces of colored stone in a mosaic portrait. If the expression is sculptural, the authorship could, for example, be expressed by means of carving, cutting, molding, casting, shaping, or otherwise processing the material into a three-dimensional work of sculpture. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="500-3" --> 503 Registration requirements for drawings, paint- ings, other pictorial works, and sculpture. (cont'd) 503.02 Copyrightable pictorial, graphic, and sculp- tural expression. (cont'd) 503.02 (a) Minimal standards: pictorial or graphic material. A certain minimal amount of original creative authorship is essen- tial for registration in Class VA or in any other class. Copyrightability depends upon the presence of creative expression in a work, and not upon aesthetic merit, commercial appeal, or symbolic value. Thus, registration cannot be based upon the simplicity of standard ornamentation such as chevron stripes, the attractiveness of a con- ventional fleur-de-lys design, or the religious significance of a plain, ordinary cross. Similarly, it is not possible to copyright common geometric figures or shapes such as the hexagon or the ellipse, a standard symbol such as an arrow or a five-pointed star. Likewise, mere coloration cannot support a copyright even though it may enhance the aesthetic appeal or com- mercial value of a work. For example, it is not possible to copyright a new version of a textile design merely because the colors of red and blue appearing in the design have been replaced by green and yellow, respec- tively. The same is true of a simple combination of a few standard symbols such as a circle, a star, and a tri- angle, with minor linear or spatial variations. Examples : 1\) An unpublished design for textile fabric is submitted for registra- tion in Class VA. The design con- sists of a standard unembellished <!-- PageFooter="[1984]" --> <!-- PageBreak --> Registration requirements for drawings, paint- ings, other pictorial works, and sculpture. (cont'd) 503.02 Copyrightable pictorial, graphic, and sculp- tural expression. (cont'd) 503.02 (a) Minimal standards: pictorial or graphic material. (cont'd) Examples : (cont'd) 1\) (cont'd) character of Chinese calligraphy painted upon horizontally striated grass cloth. Practice: Registra- tion is not authorized in this case. Like typography, calligraphy is not copyrightable as such, not- withstanding the effect achieved by calligraphic brush strokes across a striated surface. 2\) An applicant for registration has developed a novelty item consisting of transparently clear plastic sheets bonded together around their periphery, and having a small amount of colored liquid petroleum in the air space between the laminated sheets. Any slight pressure upon the external surface results in the formation of undula- ting patterns and shapes, no two of which are ever identical. Practice: Since the specific outlines and contours of the patterns and shapes formed by the liquid petroleum do not owe their origin to a human agent, it is not possible to claim copyright in such patterns and shapes. The novelty of the idea embodied in the work and the effects achieved by the action of the petroleum under pressure like- wise do not warrant registration. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="500-5" --> 503 Registration requirements for drawings, paint- ings, other pictorial works, and sculpture. (cont'd) ## 503.02 Copyrightable pictorial, graphic, and sculp- tural expression. (cont'd) 503.02 (b) Minimal standards: sculptural material. The requisite minimal amount of origi- nal sculptural authorship necessary for registration in Class VA does not depend upon the aesthetic merit, com- mercial appeal, or symbolic value of a work. Copyrightability is based upon the creative expression of the author, that is, the manner or way in which the material is formed or fashioned. Thus, registration cannot be based upon standard designs which lack original- ity, such as common architecture moldings, or the volute used to decorate the capitals of Ionic and Corinthian columns. Similarly, it is not possible to copyright common geometric figures or shapes in three- dimensional form, such as the cone, cube, or sphere. The mere fact that a work of sculpture embodies uncopyright- able elements, such as standard forms of ornamentation or embellishment, will not prevent registration. However, the creative expression capable of supporting copyright must consist of something more than the mere bringing together of two or three standard forms or shapes with minor linear or spatial variations. In no event can registra- tion rest solely upon the fact that an idea, method of operation, plan, or system has been successfully communi- cated in three-dimensional form. In every case, it is the creative expres- sion of the author which must be able to stand alone as an independent work apart from the general idea which informs it. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="500-6" --> ## Registration requirements for drawings, paint- ings, other pictorial works, and sculpture. (cont'd) 503.02 Copyrightable pictorial, graphic, and sculp- tural expression. (cont'd) 503.02 (b) Minimal standards: sculptural material. (cont'd) Examples : 1) Registration in Class VA is re- quested for a design or model of a table lamp. Cast in plaster of Paris, the design features the head of a horse mounted on an iron horseshoe with toe and heel calks which supports the entire fixture. Electrical wiring is concealed within the plaster casting. Practice: If the head of the horse is original, registration may be considered on that basis. However, the general idea of embellishing a lighting fixture with a work of art is not copyrightable. The same is true of the decorative idea of using a horseshoe as support for a lamp base, regardless of the pleasing effect thereby achieved. 2) A toy manufacturer conceives a novel idea for a toy consisting of multicolored geometrical spheres, cubes, and cylinders of varying sizes. All of these parts or pieces are magnetized, and will adhere to one another when placed in close proximity. Thus, it is possible to construct an indefinite variety of shapes and figures by means of the magnetized parts or pieces. The manufacturer desires to protect the three-dimensional aspects of the toy before publica- tion occurs. He applies to the <!-- PageFooter="[1984]" --> <!-- PageBreak --> 503 Registration requirements for drawings, paint- ings, other pictorial works, and sculpture. (cont'd) 503.02 Copyrightable pictorial, graphic, and sculp- tural expression. (cont'd) 503.02 (b) Minimal standards: sculptural material. (cont'd) Examples: (cont'd) 2\) (cont'd) Copyright Office for registration of a design for an unpublished sculptural work of art. His appli- cation Form VA is accompanied by one complete set of magnetized spheres, cubes, and cylinders arranged in a plain box according to size and color. Practice: We will refuse a registration in Class VA based solely upon the unassem- bled toy, even though its component parts or pieces are potentially capable of being arranged in copy- rightable shapes and forms. The general idea of the toy is uncopy- rightable, regardless of its novelty or uniqueness. 3 ) A work described as a "mobile" consists of nine pieces of trans- lucent colored glass each of which is suspended by wire from an over- head rack designed to rotate about a pivot in a horizontal plane. The suspension wires vary in length and no two pieces of glass share the same shape or outline. Registra- tion is sought in Class VA on the basis of the overall effect pro- duced by the play of light upon the suspended glass components of a work which the applicant describes as "three-dimensional." No copy- rightable authorship is claimed in the design of the individual pieces <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="500-8" --> 503 Registration requirements for drawings, paint- ings, other pictorial works, and sculpture. (cont'd) 503.02 Copyrightable pictorial, graphic, and sculp- tural expression. (cont'd) 503.02 (b) Minimal standards: sculptural material. (cont'd) Examples: (cont'd) 3\) (cont'd) of glass. Practice: Registration based upon the cumulative effect produced by the component members of the mobile will be refused. If these members had contained copy- rightable authorship, registration could have been considered on the basis of the two-dimensional design features displayed by the pieces of glass. 503.03 Works not capable of supporting a copyright claim. Claims to copyright in the following works cannot be registered in the Copyright Office: 503.03 (a) Works not originated by a human author. In order to be entitled to copyright registration, a work must be the product of human authorship. Works produced by mechanical processes or random selection without any contribution by a human author are not registrable. Thus, a linoleum floor covering featuring a multicolored pebble design which was produced by a mechanical process in unrepeatable, random patterns, is not registrable. Similarly, a work owing its form to the forces of nature and lacking human authorship is not registrable; thus, for example, a piece of driftwood even if polished and mounted is not registrable. <!-- PageFooter="[1984]" --> ☒ ☒ <!-- PageBreak --> <!-- PageHeader="500-9" --> 503 Registration requirements for drawings, paint- ings, other pictorial works, and sculpture. (cont'd) 503.03 Works not capable of supporting a copyright claim. (cont'd) 503.03 (b) Works containing insufficient expression. No registration is possible where the work consists solely of elements which are incapable of supporting a copyright claim. Uncopyrightable elements include common geometric figures or symbols, such as a hexagon, an arrow, or a five-pointed star, as pointed out in section 503.02 (a) above. ## 503.03 (c) Ideas and concepts. Mere ideas and concepts cannot support a copyright claim. In order to be registrable, a work must contain original copyrightable expression. Thus, for example, neither the idea of folding a five-pointed star in a manner that enables it to stand upright, nor the star so folded is registrable. 504 Registration requirements for two-dimensional useful articles, three-dimensional works of artistic craftsmanship, and models. The regis- trability of two-dimensional useful articles is determined by the presence of at least a certain minimum amount of pictorial or graphic authorship. For three-dimensional works of artistic craftsmanship falling outside the definition of useful articles, such as jewelry, toys, and wall plaques, the authorship may be either sculptural or pictorial in nature, such as carving, cutting, molding, casting, shaping the work, arranging the elements into an origi- nal combination, or decorating the work with pictorial matter. Three-dimensional works of artistic craftsmanship are registrable either in assembled form, or in unassembled component pieces, as for example, an unassembled model airplane. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="500-10" --> ## Registration requirements for two-dimensional useful articles, three-dimensional works of artistic craftsmanship, and models. (cont'd) 504.01 Material not subject to copyright. Standard elements, as such, are not registrable. Thus, registration cannot be made for glassware de- void of copyrightable ornamentation, or for fabric designs consisting only of polka dots. Moreover, the mechanical or utilitarian aspects of a three-dimensional work of applied art are not subject to copyright protection. Hence, the serrated edge of a knife could not be the basis of a copyright registration. 504.02 Examples. The following are examples of the principles governing the registrability of such works : 1) A textile design consisting of nothing more than polka dots is not registrable. However, a representational image pro- duced by the use of dots is registrable. 2) A jeweled pin consisting of three parallel rows of stones is not registrable, while a pin consisting of a sculpted bee is registrable. 3) A copyright claim in an original stuffed toy lion is registrable, while a plain red cushion shaped as a five-pointed star is not. 505 Registration requirements for the shapes of three-dimensional useful articles. Under the definition of pictorial, graphic, and sculp- tural works" in the copyright law, the "design of a useful article" is copyrightable only if, and only to the extent that, such design incor- porates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article. See 17 U.S.C. 101. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Registration requirements for the shapes of three-dimensional useful articles. (cont'd) 505.01 Definition of useful article. A "useful article" is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a "useful article." 17 U.s.c. 101. Examples of useful articles include automobiles, boats, household appliances, furniture, work tools, garments, and the like. 505.02 Separability test. Registration of claims to copyright in three-dimensional useful articles can be considered only on the basis of separately identifiable pictorial, graphic, or sculptural features which are capable of independent existence apart from the shape of the useful article. Determin- ation of separability may be made on either a conceptual or physical basis. 505.03 Separability test: conceptual basis. Con- ceptual separability means that the pic- torial, graphic, or sculptural features, while physically inseparable by ordinary means from the utilitarian item, are never- theless clearly recognizable as a pictorial, graphic, or sculptural work which can be visualized on paper, for example, or as free-standing sculpture, as another example, independent of the shape of the useful article, i.e., the artistic features can be imagined separately and independently from the useful article without destroying the basic shape of the useful article. The artistic features and the useful article could both exist side by side and be per- ceived as fully realized, separate works -- one an artistic work and the other a useful article. Thus, carving on the back of a chair, or pictorial matter engraved on a glass vase, could be considered for regis- tration. The test of conceptual separa- bility, however, is not met by merely <!-- PageFooter="[1984]" --> <!-- PageBreak --> 500-12 505 Registration requirements for the shapes of three-dimensional useful articles. (cont'd) 505.03 Separability test: conceptual basis. (cont'd) analogizing the general shape of a useful article to works of modern sculpture, since the alleged "artistic features" and the useful article cannot be perceived as having separate, independent existences. The shape of the alleged "artistic fea- tures" and of the useful article are one and the same, or differ in minor ways; any differences are de minimis. The mere fact that certain features are nonfunctional or could have been designed differently is irrelevant under the statutory definition of pictorial, graphic, and sculptural works. Thus, the fact that a lighting fixture might resemble abstract sculpture would not transform the lighting fixture into a copy- rightable work. 505.04 Separability test: physical basis. The physical separability test derives from the principle that a copyrightable work of sculpture which is later incorporated into a useful article retains its copyright pro- tection. Examples of works meeting the physical separability test include a sculptured lamp base of a Balinese dancer, or a pencil sharpener shaped like an antique car. However, since the overall shape of a useful article is not copyrightable, the test of physical separability is not met by the mere fact that the housing of a useful article is detachable from the working parts of the article. 505.05 Separability test: factors not relevant in determining registrability. In applying the test of separability, the following are not relevant considerations: 1) the aesthetic value of the design, 2) the fact that the shape could be designed differently, or 3) the amount of work which went into the <!-- PageFooter="[1984]" --> <!-- PageBreak --> 505 Registration requirements for the shapes of three-dimensional useful articles. (cont'd) 505.05 Separability test: factors not relevent in determining registrability. (cont'd) making of the design. Thus, the mere fact that a famous designer produces a uniquely shaped food processor does not render the design of the food processor copyrightable. 506 Prints. "Prints" include a wide variety of pictorial prints and illustrations produced by means of lithography, photoengraving or other printing processes, including reproductions of representational and abstract designs and color reproductions of photographic prints. Examples of such works include greeting cards, picture postcards, posters, decals, stationery, table place mats, advertisements, various kinds of wrappers, billboards, shopping bags, and labels. 506.01 Registration requirements. In order to be entitled to registration as a print, the work must contain at least a certain minimum amount of original pictorial or graphic authorship. 506.02 Pictorial or graphic material. Registra- tion is appropriate for original pictorial or graphic material, such as illustrations and representational or abstract design, as well as photographs reproduced in color by lithography, photoengraving, or other printing processes. Although the copyrightability of such material does not depend upon artistic merit or aesthetic value, the material must contain at least a certain minimum amount of original pictorial or graphic expression to be eligible for registration. 506.03 Uncopyrightable elements. In determining the registrability of a print, the copy- right claim cannot be based solely upon mere variations of typographic ornamenta- tion, lettering, or coloring. Likewise, the arrangement of type on a printed page cannot support a copyright claim. However, [1984] <!-- PageBreak --> <!-- PageHeader="500-14" --> Prints. (cont'd) 506.03 Uncopyrightable elements. (cont'd) if the type is so arranged as to produce a pictorial representation, the resulting image is registrable. Thus, an advertise- ment which utilized lettering to achieve a pictorial representation of a person can be registered. 507 Reproductions of pictorial, graphic, or sculp- tural works. Material comprising "reproductions of pictorial, graphic, or sculptural works" include reproductions of existing works of art. Examples of such reproductions are photoengravings, collo- types, silk-screen prints, mezzotints, and three- dimensional reproductions of sculpture. 507.01 507.02 Registration requirements. In order to be registrable, an art reproduction must contain at least a certain minimum amount of original authorship. This authorship may consist of drawing, lithography, photoengraving, etching, original sculpturing or molding, and the like. For example, a reproduction of Rodin's "Hand of God" achieved through sculpturing a minia- ture version of the original is registrable. Derivative works. Art reproductions are derivative works because, by their nature, they are based on preexisting works. Accord- ingly, a statement identifying the preexisting artistic work and indicating the nature of the authorship in the reproduction should be given in the appropriate spaces on the application form. However, in those cases where the author and claimant of the reproduction are also the author and claimant of the original work of art that has been reproduced, and the original work has not been previously registered or published, registration should be made as an original pictorial, graphic, or sculptural work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 507 Reproductions of pictorial, graphic, or sculp- tural works. (cont'd) 507.03 Reproductions not capable of supporting a registration. Claims to copyright in the following works cannot be registered in the Copyright Office: 507.03 (a) Underlying work not a pictorial, graphic, or sculptural work. Where the underlying work is not a pictorial, graphic, or sculp- tural work, no registration is possible on the basis of reproduction authorship. For example, a lithographic reproduction of a letter of the alphabet is not registrable. 507.03 (b) Mechanical or photomechanical processes. Reproductions made through the mere opera- tion of mechanical or photomechanical processes are not registrable. For example, a photocopy of an original pen and ink drawing is not registrable as an art reproduction. 508 Photographs, holograms, and individual slides. Works considered for registration on the basis of photographic authorship include still photo- graphic prints, holograms, and individual slides. 508.01 Registration requirements. To be entitled to copyright registration, a photograph, holo- gram, or slide must contain at least a certain minimum amount of original expression. Gener- ally, original photographic or holographic authorship depends on the variety and number of the elements involved in the composition of the photograph or hologram. However, the nature of the thing depicted or the subject of the photograph or hologram, as distinguished from its composition or arrangement, is not regarded as a copyrightable element. Original photographic composition capable of supporting registration may include such elements as time and light exposure, camera angle or perspective achieved, deployment of light and shadow from natural or artificial light sources, and the arrangement or disposition of persons, scenery, or other subjects depicted in the photograph. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="500-16" --> 508 Photographs, holograms, and individual slides. (cont'd) 508.01 Registration requirements. (cont'd) In the case of holography, original authorship depends largely upon the selection, arrange- ment, and disposition of scene and object. 508.02 Uncopyrightable works. Where images are produced through the operation of mechanical or photomechanical processes with no appreciable element of artistic expression, the work is not registrable. Examples : 1\) A microfilm merely reproducing public domain textual matter is not registrable. 2\) The photocopy of a public domain pictorial work is not registrable. 509 Maps. The term "map" refers to cartographic representations of area. Common examples include terrestrial maps and atlases, marine charts, celes- tial maps, and such three-dimensional works as globes and relief models. 509.01 Registration requirements. To be regis- trable, a map must contain at least a certain minimum amount of original carto- graphic material. Examples of original cartographic material include drawings or pictorial representations of area based on original surveying or carto-graphic field work and compilations resulting from the original selection and arrangement of essentially cartographic features, such as roads, lakes or rivers, cities, political or geographic boundaries, and the like. 509.02 Compilations and derivative works. The preparation of many maps involves the use of previously published source material to a significant degree, and the copyrightable <!-- PageFooter="[1984]" --> ☒ <!-- PageBreak --> 500-17 509 Maps. (cont'd) 509.02 Compilations and derivative works. (cont'd) authorship, therefore, is generally based upon elements such as additional compilation and drawing. Additional authorship of this kind may include cartographic representations such as new roads, historical landmarks, or zoning boundaries. Where any substantial portion of the work submitted for registra- tion includes previously published or regis- tered material, or material that is in the public domain, statements describing both the preexisting material as well as the new copyrightable authorship should be given at the appropriate spaces on the application form. See Chapter 700: APPLICATIONS AND FEES. 509.03 Elements not capable of supporting a copy- right. A mere reprint of public domain or previously published material is not regis- trable. Likewise, a claim based upon an obvious selection and arrangement of mater- ials is not registrable. For example, an outline map of the United States containing nothing more than the names of the state capitals does not contain the necessary authorship to support registration. 510 Scientific works: architectural and technical drawings and models. Material comprising sci- entific works includes architectural blueprints, mechanical drawings, engineering diagrams, astro- nomical charts, anatomical models, scientific and architectural models, and similar works. 510.01 Registration requirements. In order to be entitled to registration, architectural and technical drawings must contain at least a certain minimum amount of original graphic or pictorial matter. A scientific or archi- tectural model must contain at least a certain minimum amount of original sculptural material. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 510.02 Uncopyrightable works. Claims to copyright in the following works cannot be registered in the Copyright Office: 510.02 (a) Devices. Devices and similar articles, designed for computing and measuring, cannot be registered. Common examples of such works include slide rules, wheel dials, and nomograms that contain insufficient original literary or pictorial material. The printed material of which a device usually consists ( lines, numbers, symbols, calibrations, and their arrangement) cannot be copyrighted, because this material is necessarily dictated by the uncopyrightable idea, principle, formula, or standard of measurement involved. 510.02 (b) Blank forms. Blank forms and similar works which are designed for recording information and do not in themselves con- vey information, cannot be registered. Common examples include: forms calibrated for use in conjunction with a machine or device, report forms, graph paper, account books, scorecards, order forms, vouchers, and the like. See 37 C.F.R. 202.1 (c) . 510.03 Ideas, processes, or systems. Copyright protection does not extend to ideas, pro- cesses, or systems. Scientific or tech- nical works are registrable only if they contain the requisite original copyright- able expression. The following are not protectible by copyright and do not offer a basis for copyright registration: 1) ideas or procedures for doing, making, or build- ing things; 2) scientific or technical discoveries or methods; 3) business operations or procedures; 4) mathematical principles; or 5) any other concept, pro- cess, method of operation, or plan of action. See 17 U.S.C. 102 (b). <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## 510 Scientific works: architectural and technical drawings and models. (cont'd) 510.04 Subjects depicted. Where registration is sought for a scientific or technical work, the application should describe only the authorship contained in the work and not bear any statements which suggest that registration extends to the subjects depicted. Thus, the application for registration of a claim to copyright in an architectural drawing of a building should contain no statements which imply that the registration extends to the building. See 17 U.S.C. 113 (b) . [END OF CHAPTER 500] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageBreak --> # Chapter 600 REGISTRATION PROCEDURES This chapter is in preparation. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ☒ ☒ 3 <!-- PageBreak --> Chapter 700 APPLICATIONS AND FEES Outline of Topics 701 Application forms. 701.01 Statutory authorization. 701.02 Statutory requirements. ## Basic application forms. 702 702.01 Class TX, Form TX: Nondramatic Literary Works Other Than Serials. 702.02 Class TX, Form SE: Serials. 702.03 Class PA, Form PA: Works of the Performing Arts. 702.04 702.05 Class VA, Form VA: Works of the Visual Arts. Class SR, Form SR: Sound Recordings. 703 704 Renewal application: Form RE. Registration forms for special cases. 704.01 704.02 Form CA: Supplementary Registration. Form GR/CP: Group Registration for Contribu tions to Periodicals. 705 706 707 Import Statement. Form IS: Request for Issuance of an Import Statement. 705.01 Submission of material. Quality and legibility of application forms. 707.01 707.02 Only application forms issued by the Copyright Office may be used. Information given on the application forms should be typewritten or legibly printed in black ink. 708 Selection of most appropriate application form. 708.01 Nature of authorship determinative. 708.02 Two forms seem appropriate: song lyrics, speeches, and other works prepared for oral delivery. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 700 APPLICATIONS AND FEES Outline of Topics" --> 708 Selection of most appropriate application form. (cont'd) 708.03 Contributions to collective works. 708.04 708.05 Derivative works. Works in which the claim includes two or more categories of authorship. 709 Classification for administrative purposes only. [Numbers 710 through 749 are reserved. ] 750 Fees. 750.01 750.02 Applicability of fees to U.S. Government. Refunds. 751 Effective date of fee schedule under the current Act. 752 Submission of registration fees. 753 Form of payment. 753.01 753.02 Fees remitted from outside the United States or Currency. made payable in foreign currency. 754 Deposit Accounts. 754.01 Minimum requirements for Deposit Accounts. 755 Cancellation of registration in cases of dishonored checks. 756 Fees not specified in section 708 of the current Act. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 700 APPLICATIONS AND FEES" --> 701 Application forms. The following are the statutory provisions relating to the application forms. 701.01 Statutory authorization. The Register of Copy- rights is authorized to specify by regulation the administrative classes into which works are to be placed for purposes of deposit and regis- tration. This administrative classification of works has no significance with respect to the subject matter of copyright or the exclusive rights provided by the copyright law. See 17 U.S.C. 408 (c) (1). 701.02 Statutory requirements. Section 409 of the copyright law specifies that the application for copyright registration shall be made on a form prescribed by the Register of Copyrights and that it shall include : 1\) the name and address of the copyright claim- ant; 2\) in the case of a work other than an anony- mous or pseudonymous work, the name and nationality or nation of domicile of the author or authors, and, if one or more of the authors is dead, the dates of their deaths ; 3\) if the work is anonymous or pseudonymous, the nationality or nation of domicile of the author or authors; 4\) in the case of a work made for hire, a statement to the effect that it is such a work; 5\) if the copyright claimant is not the au- thor, a brief statement of how the claimant obtained ownership of the copyright; 6\) the title of the work, together with any previous or alternative titles under which the work can be identified. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 700-2 701 Application forms. (cont'd) 701.02 Statutory requirements. (cont'd) 7) the year in which creation of the work was completed; 8) if the work has been published, the date and nation of its first publication; 9) in the case of a compilation or derivative work, an identification of any preexisting work or works that it is based on or incor- porates, and a brief, general statement of the additional material covered by the copyright claim being registered; 10) in the case of a published work containing material of which copies are required by section 601 of the current Act to be manu- factured in the United States, the names of the persons or organizations who performed the processes specified by subsection (c) of section 601 with respect to that mate- rial, and the places where those processes were performed; and 11) any other information regarded by the Reg- ister of Copyrights as bearing upon the preparation or identification of the work or the existence, ownership, or duration of the copyright. 702 Basic application forms. Pursuant to the statutory authority given to the Register of Copyrights, the Copyright Office has established basic classes for original registrations with corresponding application forms. These classes are as follows : 702.01 Class TX, Form TX: Nondramatic Literary Works Other Than Serials. This category includes published and unpublished nondramatic literary works. Examples include fiction, nonfiction, poetry, textbooks, reference works, directories, catalogs, advertising copy, computer programs, and compilations of infor- mation, including data bases. [1984] ☒ ☒ <!-- PageBreak --> ## Basic application forms. (cont'd) 702.02 Class TX, Form SE: Serials. A serial is defined as a work issued or intended to be issued in successive parts bearing numerical or chrono- logical designations and intended to be con- tinued indefinitely, such as periodicals, newspapers, annuals, journals, and proceedings of societies. NOTE: A contribution to a serial is not registered on Form SE. See section 708.01 below. 702.03 Class PA, Form PA: Works of the Performing Arts. This category includes published and unpublished works prepared for the purpose of being performed directly before an audience or indirectly by means of a device or process. Examples are musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; and motion pictures and other audiovisual works, including accompanying sounds, if any. 702.04 Class VA, Form VA: Works of the Visual Arts. This category includes published and unpublished pic- torial, graphic, and sculptural works. Examples are two-dimensional and three-dimensional works of fine, graphic, and applied arts, photographs, prints and art reproductions, maps, globes, and charts, technical drawings, diagrams, and models, as well as pictorial or graphic labels and adver- tisements. 702.05 Class SR, Form SR: Sound Recordings. This category includes all published and unpublished sound re- cordings fixed on or after February 15, 1972. In addition, claims to copyright in literary, dramatic, and musical works embodied in a phonorecord may be registered in Class SR if the claimant for both the sound recording and the underlying work is the same and the application covers both the sound recording and the underlying material. "Sound recordings" are works that result from the fixation of a series of musical, spoken, or other sounds. The audio portions of audiovisual works, such as a motion picture soundtrack or an audio cassette accompany- ing a filmstrip, are considered an integral part of the audiovisual work and are registrable in Class PA rather than Class SR. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 703 Renewal application: Form RE. The current Act provides for renewal of copyright in works already in their first term of copyright on January 1, 1978. See 17 U.S.C. 304. Form RE is appropriate for all renewal registrations, regardless of the class in which the original registration was made. 704 Registration forms for special cases. In addition to the forms listed above, the Copyright Office has estab- lished two registration forms for use in special cases. 704.01 Form CA: Supplementary Registration. This form is used to apply for supplementary registration under section 408(d) of the current Act, in order to correct an error in a copyright registration or to amplify the information given in a registration. See Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS; SUPPLEMENTARY REGISTRA- TIONS. 704.02 705 Form GR/CP: Group Registration for Contributions to Periodicals. This form is used as a adjunct to a basic application on Form TX, Form PA, or Form VA where the applicant is making a single registra- tion under section 408(c) (2) of the current Act for a group of contributions to periodicals. Import Statement. Section 601(b) (2) of the current Act permits the importation of 2000 copies of a foreign manufactured edition of a work consisting preponderantly of nondramatic literary material that is in the English language and is protected under the current Act, upon presentation to the United States Customs Service of an Import Statement. See Chapter 1200: MANUFACTURING PROVISIONS. 705.01 Form IS: Request for Issuance of an Import State- ment. This form implements the statutory pro- visions prescribing an Import Statement. Copy- right owners of works that are subject to the manufacturing restrictions must use this form to secure issuance of an Import Statement. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Submission of material. In order to consider regis- tration of a claim to copyright, the Copyright Office should receive a completed application form together with the required fee and deposit. The application should contain the required information and be duly certified. Incomplete, inaccurate, or illegible appli- cations may delay the registration process. Quality and legibility of application forms. Appli- cation forms accepted for registration become permanent parts of the official records of the Copyright Office and must meet archival standards and be legible. 707.01 Only application forms issued by the Copyright Office may be used. Copyright Office forms meet strict archival standards; therefore, only forms issued by the Office may be used to make regis- tration. Photocopies or other reproductions of Copyright Office forms cannot be accepted for registration. 707.02 Information given on the application form should be typewritten or legibly printed in black ink. Information required by the forms must be legible and should be typewritten or printed in black ink. Applicants who anticipate filing a large number of applications may place certain repeti- tive information on the application forms they submit by using a printing process. Carbons of applications or applications completed in pencil are generally not acceptable. 708 Selection of most appropriate application form. The appropriate form is generally determined by the nature of the authorship in which copyright is claimed. For most works, one form will clearly be the most appro- priate. 708.01 Nature of authorship determinative. The nature of the authorship determines which application form should be used for registration rather than the material object in which the work is embodied. Example : A filmstrip or set of slides containing only text should be registered on Form TX, not on Form PA. <!-- PageFooter="[1984]" --> 706 707 <!-- PageBreak --> ## 700-6 708 Selection of most appropriate application form. (cont'd) 708.02 Two forms seem appropriate: song lyrics, speeches, and other works prepared for oral delivery. For song lyrics, speeches, and other works prepared for oral delivery, two forms appear to be appropriate because the nature of authorship is literary and because the work was prepared for the purpose of performance. Although the Copyright Office will accept either Form PA or TX, Form PA is more appropriate. 708.03 Contributions to collective works. In the case of contributions to collective works, applications should be submitted in the class representing the copyrightable authorship in the contribution. Examples : 1) A pictorial cartoon published in a weekly magazine should be registered on Form VA. 2) A short story published in a monthly magazine should be registered on Form TX. 708.04 Derivative works. In the case of derivative works, applications should be submitted in the class most appropriately representing the copyrightable authorship involved in recasting, transforming, adapting, or otherwise modifying the preexisting work. Example : A motion picture version of a previously pub- lished novel should be registered on Form PA. 708.05 Works in which the claim includes two or more cate- gories of authorship. For works in which the claim includes copyrightable material in two or more classes, the type of such material that predominates generally determines the class for registration. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 708 708.05 Selection of most appropriate application form. (cont'd) Works in which the claim includes two or more categories of authorship. (cont'd) Example : A game contains pictorial material on a game board, sculptural authorship in game pieces, and textual authorship in the game instruc- tions. If the pictorial and sculptural authorship predominates, Form VA should be used. If the textual material predominates, Form TX should be used. NOTE: As an exception, where the claim includes sound recording authorship, Form SR must be used regardless of the nature of the other material or which type of authorship predominates. See section 702.05 above. Examples : 1\) A kit consisting of a booklet and a cassette tape with a claim in text and sound recording must be registered on Form SR. 2\) A phonorecord with a claim in words, music, and sound recording must be registered on Form SR. 709 Classification for administrative purposes only. The current Act specifies that the classification system adopted by the Copyright Office is solely for adminis- trative purposes and has no significance with respect to the subject matter of copyright or the exclusive rights under the current Act. See 17 U.S.C. 408(c) (1) . However, the Copyright Office may request submission of a new application in the correct class where regis- tration was originally sought on an inappropriate form. [Numbers 710 through 749 are reserved]. 750 Fees. The fees for registration, recordation, and certain other services are prescribed or authorized by the current Act. See 17 U.S.C. 708 (a) . <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="700-8" --> 750 Fees. (cont'd) 750.01 Applicability of fees to U.S. Government. The fees prescribed or authorized by the current Act are also applicable to the United States Government and any of its agencies, employees, or officers; how- ever, the law specifies that the Register of Copy- rights has discretion to waive this requirement in occasional or isolated cases involving relatively small amounts. See 17 U.S.C. 708 (b). 750.02 Refunds. Money remitted to the Copyright Office for original, basic, supplementary, or renewal registration will not be refunded if the claim is rejected because the material deposited does not constitute copyrightable subject matter or because the claim is invalid for any other reason. Payments made by mistake or in excess of the statutory fee will be refunded, but amounts of $5 or less will not be refunded unless specifically requested, and refunds of less than $1 may be made in postage stamps. 37 C.F.R. 201.6 (c). 751 Effective date of fee schedule under the current Act. Applications for copyright registration and requests for other fee services of the Copyright Office received on or after January 1, 1978, are governed by the fee schedule of the current Act. In cases where an appli- cation, deposit, and fee were received before January 1, 1978, but processing was not completed until after Janu- ary 1, 1978, the fees established in accordance with title 17 as it existed on December 31, 1977, shall apply. See section 109, Transitional and Supplementary Provisions of the current Act. 752 Submission of registration fees. Registration fees should be submitted in the same envelope or package with the application and deposit. With regard to fees submitted to establish or replenish Deposit Accounts, see section 754 below. 753 Form of payment. The Copyright Office urges that all remittances mailed to it be in the form of a check, money order, or bank draft, payable to REGISTER OF COPYRIGHTS. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Form of payment. (cont'd) 753.01 Currency. The Copyright Office will accept currency but does not assume any responsibility for monies sent in payment of fees which are lost before receipt in the Copyright Office. 753.02 Fees remitted from outside the United States or made payable in foreign currency. The Copyright Office does not accept checks drawn on foreign banks or made payable in foreign currencies. Foreign remittances must be in the form of an International Money Order or Bank Draft payable in United States dollars. 754 Deposit Accounts. The Copyright Office maintains a system of Deposit Accounts for the convenience of those who frequently use the services of the Office. The system allows an individual or firm to establish a Deposit Account in the Copyright Office and to make advance deposits into the Account. Charges for regis- tration, recordation, or other fee services will be deducted from the outstanding balances in such Accounts. 754.01 Minimum requirements for Deposit Accounts. The following are the minimum requirements for estab- lishing and maintaining a Deposit Account in the Copyright Office: 1\) When the Account is opened, the initial deposit must amount to at least $250. 2\) All later deposits into the Account must also be $250 or more. 3\) There must be at least 12 transactions a year. 4\) If fees are to be charged against a Deposit Account, the exact name and number of the Account should be given on all applications for registration or other requests for fee services. 5\) The Deposit Account holder must maintain a sufficient balance to cover all charges against the Account. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="700-10" --> Cancellation of registration in cases of dishonored checks. When a check received in payment of the registration fee is returned to the Copyright Office marked "insufficient funds" or is otherwise marked uncollectible, the Copyright Office will cancel any registration for which the dishonored check was submitted; the Office will notify the applicant in writing that the check was returned to the Copyright Office as uncollectible, that the registration has been cancelled, and that the certificate of registration should be returned to the Copyright Office. When a registration is cancelled, appropriate notations are placed in the original record to show that the registration has been cancelled. 756 Fees not specified in section 708 of the current Act. Certain fees for Copyright Office services under the Freedom of Information Act and the Privacy Act are not established in title 17, U.S.C. See 37 C.F.R. 203.6 and 204.6. [END OF CHAPTER 700] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 800" --> ### DEPOSIT FOR REGISTRATION #### Outline of Topics 801 Applicability of this chapter. 802 Statutory provisions. 803 Quantity and content of material deposited: in general. 804 Unpublished works. 804.01 804.02 Unpublished works: the meaning of "complete." Unpublished works: nature of copy. 805 Published works. 805.01 Published works: number of copies or phonorecords. 805.02 Published works: the meaning of "complete." 805.03 The meaning of "best edition." 806 Quantity and content of material deposited: special situations. 806.01 Works reproduced in or on three-dimensional objects. 806.02 Oversize copies. 806.03 Holograms. 806.04 Unpublished pictorial or graphic works. 806.05 Pictorial or graphic works published in certain limited editions. 806.06 Published commercial prints or labels. 806.07 Published tests and answer material. 806.08 Secure tests. 806.09 Pictorial or graphic works reproduced in or on sheetlike materials. 806.10 Pictorial or graphic works reproduced on sheet- like materials published only in or on three- dimensional objects. 806.11 Separate registration for work embodied only in a motion picture soundtrack. 806.12 Machine-readable works. 806.13 Motion pictures. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Chapter DEPOSIT 800 FOR REGISTRATION Outline of Topics 807 Motion Picture Agreement. 807.01 Who may enter into the Agreement. 807.02 Who may sign the Agreement. 807.03 Return of deposit copy under the Agreement. 807.04 Recall of the deposit copy under the Agreement. 807.05 Quality of copy deposited under the Agreement. 807.06 Supplemental Property Agreement. 807.07 Termination of the Motion Picture Agreement. 808 Special relief from the deposit requirements for registration. 808.01 Special relief: in general. 808.02 Special relief: criteria. 808.03 Special relief: procedures. 808.04 Special relief: continuous or ongoing grants. 809 Relationship of deposit for registration to mandatory deposit under 17 U.S.C. 407. 810 Appendix. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 800 DEPOSIT FOR REGISTRATION" --> Applicability of this chapter. The provisions of this chapter are applicable to works for which an application for copyright registration is made on or after January 1, 1978. Statutory provisions. At any time during the sub- sistence of copyright in any published or unpub- lished work, the owner of copyright or of any exclusive right in the work may apply for regis- tration of the copyright claim by delivering to the Copyright Office the application and fee specified by sections 409 and 708 of the copyright law ( see Chapter 700: APPLICATIONS AND FEES), along with the deposit specified in section 408 of the copyright law and explained in this chapter. See 17 U.S.C. 408 (a). Except as modified by the Copyright Office Regulations adopted pursuant to the provisions of 17 U.S.C. 408(c), the deposit for registration shall consist of: 1\) For an unpublished work, one complete copy or phonorecord; 2\) For a work first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published; 3\) For a work first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition; 4\) For a work first published outside the United States, one complete copy or phonorecord as so published; 5\) For a contribution to a collective work, one complete copy or phonorecord of the best edition of the collective work. See 17 U.S.C. 408(b). <!-- PageFooter="[1984]" --> 801 802 <!-- PageBreak --> <!-- PageHeader="800-2" --> 802 ##### Statutory provisions. (cont'd) NOTE: The Register of Copyrights is authorized by the law to specify by regulation the administrative classes into which works are to be placed for pur- poses of deposit and registration and the nature of the copies or phonorecords to be deposited in the various classes specified. The regulations may require or permit the deposit of identifying material instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration and an atten- dant deposit for a group of related works. See 17 U.S.C. 408(c) (1). The Register is directed by the law to establish regulations specifically permitting, under certain conditions, a single registration for a group of contributions to periodicals by the same author published within a twelve-month period. See 17 U.S.C. 408(c) (2). 803 Quantity and content of material deposited: in gen- eral. The statute authorizes the Register of Copy- rights to specify by regulation the quantity and content of the material to be deposited. The regu- lations lessen the requirements in many cases by reducing the necessary deposit for published works from two copies or phonorecords to one, by permitting the deposit of identifying material instead of a copy or phonorecord, and by providing for specially tailored relief from the deposit requirements in cases of unnecessary hardship or in unusual circum- stances, through the mechanism of "special relief." These regulations also require, in some cases, the deposit of identifying material instead of the copy or phonorecord otherwise required. Exceptions to the basic deposit requirements are explained in detail in sections 804 through 806 below. 804 Unpublished works. The statute requires for unpublished works that one copy or phonorecord be deposited, and that the single copy or phonorecord be "complete." See 17 U.S.C. 408(b) (1) . 804.01 Unpublished works: the meaning of "complete." Generally, the requirement that an unpublished copy or phonorecord be "complete" means that <!-- PageFooter="[1984]" --> <!-- PageBreak --> 804 Unpublished works. (cont'd) 804.01 Unpublished works: the meaning of "complete." (cont'd) it must embody the entire copyrightable content of the work for which registration is sought. See 37 C.F.R. 202.20 (b) (2) (i). For unpublished motion pictures, the deposit regulations give the term "complete" a special meaning as set forth in section 806.13(a) below. 804.02 Unpublished works: nature of copy. The general rule that only one complete copy is required is modified for certain types of works. For some works, identifying material may or must be substituted for the actual copy required. In other cases, additional material must accompany the single copy deposited. The special requirements for each specific type of work are explained later in this chapter, at the sections cited below. 804.02 (a) Identifying material. If the following are unpublished, identifying material may or must be submitted : 1\) Certain pictorial and graphic works ( see sections 806.04 and 806.05 below) ; 2\) Machine-readable works such as com- puter programs and data bases (see section 806.12 below) ; 3 ) Works on sheetlike materials ( see sections 806.09 and 806.10 below) ; 4\) Three-dimensional works ( see section 806.01 below) ; 5\) Works as embodied in a motion picture soundtrack ( see section 806.11 below) ; 6\) Oversize copies of any type ( see sec- tion 806.02 below) ; 7\) Motion pictures ( see sections 804.02 (b) and 806.13(a) below). <!-- PageFooter="[1984]" --> <!-- PageBreak --> 804 Unpublished works. (cont'd) 804.02 Unpublished works: nature of copy. (cont'd) 804.02(b) Additional material. The following are unpublished works for which the deposit of a single copy must be accompanied by addi- tional material of some kind: 1\) Motion pictures (see section 806.13 below) ; 2\) Holograms ( see section 806.03 below). 805 Published works. Three general requirements apply to the deposit of works first published in the United States: (1) two copies or phonorecords must be deposited; (2) the copies or phonorecords must be "complete"; and (3) the copies or phonorecords must be the "best edition" of the work, as defined by the statute. See 17 U.S.C. 408 (b) (2). 805.01 Published works: number of copies or phono- records. Although two copies or phonorecords are generally required for registration of published works, the statute empowers the Register of Copyrights to specify that the deposit shall be one copy or phonorecord for particular types of works. See 17 U.S.C. 408(c) (1). The deposit regulations (37 C.F.R. 202.20(c) (2) (i)) state that the deposit of only one copy or phonorecord will suffice in lieu of two copies or phonorecords for certain works : 1\) Published three-dimensional cartographic representations of area, such as globes and relief models; 2\) Published diagrams illustrating scientific or technical works or formulating scien- tific or technical information in linear or other two-dimensional form, such as an architectural or engineering blueprint, or a mechanical drawing; 3\) ) Published greeting cards, picture postcards, and stationery; <!-- PageFooter="[1984]" --> <!-- PageBreak --> 805 805.01 #### Published works. (cont'd) Published works: number of copies or phono- records. (cont'd) 4\) Lectures, sermons, speeches, and addresses published individually, and not as a col- lection of the works of one or more authors; 5\) Published contributions to a collective work; 6\) Musical compositions published in copies only or in both copies and phonorecords, if the only publication of copies took place by rental, lease, or lending; 7\) Published multimedia kits which are pre- pared for use in systematic instructional activities and which include literary works, audiovisual works, sound record- ings, or any combination of such works; 8\) Works consisting of multiple parts that are packaged and published in a flat-sided box or similar container, of no more than 12 by 24 by 6 inches, and that include among the copy- rightable elements of the work, in addition to any copyrightable element on the box or other container, three or more three-dimen- sional, physically separable parts. See 37 C.F.R. 202.20(c) (2) (i) (H), 37 C.F.R. 202.20 (c) (2) (ix) (B)(5), and section 806.01(a) (4) below; and 9\) Motion pictures. 805.02 Published works: the meaning of "complete". In general, the requirement that published copies or phonorecords be "complete" means that they should be physically undamaged and include all elements of the applicable unit of publication of the work, including elements that, if considered separately, would not be copyrightable subject matter. See 37 C.F.R. 202.20 (b) (2) (ii). <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-6" --> 805 Published works. (cont'd) 805.02 Published works: the meaning of "complete". 805.02 (a) (cont'd) Complete copies: missing parts. Where certain physically separable elements are missing from the deposit, a copy or phono- record will still be accepted as a complete copy, if: 1) All the parts of the work for which registration is sought are present; and 2) The removal of the missing elements did not physically damage the copy or phono- record or garble its contents; and 3) The work is exempt from mandatory deposit under section 407 of the copyright law ( see 17 U.S.C. 407, and 37 C.F.R. 202.19 (c) ) or the copy deposited consists entirely of a container, wrapper, or holder which is exempt from the identifying material requirements because it can be stored flat. See section 806.01 (a) below. 805.02(b) Complete copies: special situations. In particular situations, the deposit regula- tions give a special definition of the word "complete" when it applies to certain pub- lished works. 805.02(b) (1) Contributions to collective works. A complete copy or phonorecord of a pub- lished contribution to a collective work is either the entire collective work, in- cluding the contribution or, if the col- lective work is a newspaper, the entire section of the paper which includes the contribution. See 37 C.F.R. 202.20 (b) (2) (iii) . <!-- PageFooter="[1984]" --> <!-- PageBreak --> 805 Published works. (cont'd) 805.02 Published works: the meaning of "complete." (cont'd) 805.02 (b) Complete copies: special situations. (cont'd) 805.02(b)(2) Published sound recordings. In the case of a published sound recording, a com- plete phonorecord includes the phono- record and any visually perceptible material which is published with it, such as text or pictorial matter on album covers on record sleeves, or leaflets or booklets included in an album. See 37 C.F.R. 202.20 (b) (2) (iv). Example : A phonorecord is published with an album cover, a sleeve with text, and a poster picturing the performing artist. The complete deposit of the sound recording is the phonorecord plus all the additional material described above as the unit of publication. 805.02(b)(3) Music published only by rental, lease, or lending. In the case of a musical compo- sition published in copies only, or in both copies and phonorecords, if the only publication of copies took place by the rental, lease, or lending of a full score and parts, a full score is a complete copy; and if the only publication of copies took place by the rental, lease, or lending of a conductor's score and parts, a conductor's score is a complete copy. See 37 C.F.R. 202 . 20 (b) (2) (v) . 805.02(b)(4) Motion pictures. A special definition of "complete" applies to published motion pictures. A copy of a motion picture is complete if: <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-8" --> Published works. (cont'd) 805.02 Published works: the meaning of "complete." (cont'd) 805.02(b) Complete copies: special situations. (cont'd) 805.02(b)(4) Motion pictures. (cont'd) -- the reproduction of all of the visual and aural elements constituting the copyrightable subject matter in the work is clean, undamaged, undeterio- rated, and free of splices, and -- the copy itself and its physical housing are free of any defects that would interfere with the performance of the work or that would cause me- chanical, visual, or audible defects or distortions. See section 806.13 below. 805.03 to U.S.C. 101. The meaning of "best edition." The copyright law generally requires that a deposit of a published work be the "best edition" of the work. See 17 U.S.C. 408(b) (2). The "best edition" of a published work is "the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines be most suitable for its purposes." See 17 805.03 (a) Library of Congress statement of policy. The Library of Congress has published a policy statement entitled "Best Edition of Published Copyrighted Works for the Collections of the Library of Congress" (referred to hereinafter as the "Best Edition Statement" or the "Statement"). This policy statement is not a part of the copyright statute, nor is it a Copyright Office regulation. It expresses, by listing the criteria for choosing among several editions of a work, part of the current acquisitions policies of the Library of Congress with respect to certain works. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 805 Published works. (cont'd) 805.03 The meaning of "best edition." (cont'd) 805.03 (a) Library of Congress statement of policy. (cont'd) ##### Examples : 1\) In 1978, a copyright owner publishes a novel in both paperback and hardback editions. There was no difference in the content of the book between the paperback and the hardback. The Best Edition State- ment was used to choose between the two. According to the criteria listed in the Best Edition Statement, the hardback was determined to be the best edition. 2\) In 1980, a copyright owner published an architectural treatise on ordinary paper and on archival quality paper. According to the criteria specified in the Best Edition Statement, the archival quality paper was chosen as the best edition. NOTE: The text of the "Best Edition of Pub- lished Copyrighted Works for the Collections of the Library of Congress" may be found in the Appendix to this chapter. 805.03 (b) If no specific criteria in Best Edition Statement. Where no specific criteria for selection of the best edition are included in the Best Edition Statement for a given work, and where the Copyright Office is aware that two or more editions of a work have been published, the Office will consult with appro- priate officials in the Library of Congress. Example : Where an audiovisual work was published in two editions, one on a filmstrip and the other as a set of slides, the Office will consult with appropriate officials in the Library of Congress, since this situation is not covered in the Best Edition Statement. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-10" --> #### Published works. (cont'd) 805.03 The meaning of "best edition." (cont'd) 805.03(c) Difference in copyrightable content. Where there is a difference in copyrightable con- tent between two or more editions of a work, each edition which contains new copyrightable authorship is subject to separate deposit and registration. Consequently, the Best Edition Statement, based on such differences, does not apply. Example : In 1978, a copyright owner published a novel in hardback without annotations, and later published the novel in hardback with extensive annotations. In this case, new copyrightable matter was added to the second book. Thus, the second book is considered a separate work for purposes of deposit and registration, and therefore the Best Edition Statement, based on such differences, does not apply. 805.03 (d) Exceptions to the requirement of the best edition. There are two important exceptions to the general requirements of the best edi- tion explained above. These exceptions are for works first published before January 1, 1978, but submitted for registration after that date, and works first published outside the United States, whenever published. 805.03 (d) (1) A work first published in the United States before January 1, 1978. Generally the required deposit for any work which was first published in the United States before January 1, 1978, is two complete copies or phonorecords of the work as first published. See 37 C.F.R. 202.20 (c) (1)(ii) . <!-- PageFooter="[1984]" --> <!-- PageBreak --> 805 Published works. (cont'd) 805.03 The meaning of "best edition." (cont'd) 805.03 (d) Exceptions to the requirement of the best edition. (cont'd) 805.03 (d) (2) A work first published outside the United States at any time. Generally, the re- quired deposit for works first published outside the United States, whenever pub- lished, is one complete copy or phono- record of the work as first published. See 37 C.F.R. 202. 20 (c) (1) (iv). 805.03 (d) (3) Works first published simultaneously within and outside the United States. If a work was first published simultaneously within and outside the United States, it is considered, for the purposes of this section, to have been first published in the United States. See 37 C.F.R. 202.20 (c) (1) (iv). NOTE: "First published simultaneously," for this purpose, means first published on the same date. 806 Quantity and content of material deposited: special situations. The following are special situations with respect to the quantity and content of material deposited for registration. 806.01 Works reproduced in or on three-dimensional objects. In the case of works reproduced in or on three-dimensional objects, identifying material is required as a deposit. 806.01 (a) Works reproduced in or on three-dimensional objects: when this modification applies. Identifying material must be submitted instead of a copy or copies when the deposit would ordinarily be a three-dimensional sculptural work. Examples are statues, carvings, ceramics, and models. This requirement applies to both unpublished and published works. Subject to the exceptions <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="800-12" --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.01 Works reproduced in or on three-dimensional objects. (cont'd) 806.01 (a) Works reproduced in or on three-dimensional objects: when this modification applies. (cont'd) below, the requirement also applies to any two-dimensional or three-dimensional work which has been fixed (if unpublished) or published only in the form of jewelry, toys, dolls, games, or any three-dimensional useful articles. See 37 C.F.R. 202. 20 (c) (2) (ix) (A) . NOTE: The following are exceptions to the general requirements of submitting identi- fying material instead of an actual copy or copies : 1\) Works that are reproduced by intaglio or relief printing methods on two-dimen- sional materials such as paper or fabrics. 2\) Three-dimensional cartographic represen- tations of area, such as globes and relief models. In the case of a globe, one actual copy of the three-dimensional globe, and the stand or any material pub- lished with it, is the complete deposit. 3\) Works that have been fixed or published in or on a useful article which is one of the elements of the unit of publication of a multimedia kit (an educational or instructional kit which also includes a literary or audiovisual work, a sound recording, or any combination of such works). See 37 C.F.R. 202. 20 (c) ( ix) (B) (3). 4\) Works consisting of multiple parts that are packaged and published in a flat- sided box or similar container, of no more than 12 by 24 by 6 inches, and that <!-- PageFooter="[1984]" --> <!-- PageBreak --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.01 Works reproduced in or on three-dimensional objects. (cont'd) 806.01 (a) Works reproduced in or on three-dimensional objects: when this modification applies. (cont'd) NOTE: (cont'd) 4\) (cont'd) include among the copyrightable elements of the work, in addition to any copy- rightable element on the box or other container, three or more three-dimen- sional, physically separable parts. 5\) Works reproduced on three-dimensional containers which are capable of flat storage and which, when opened, slit, or folded, do not exceed 96 inches in any dimension. The container must be capable of being flattened in such a way that the copyrightable material on the container is not damaged. 806.01 (b) Works reproduced in or on three-dimensional objects: what must be deposited. When identifying material is required, it must comply with the specifications below. See 37 C.F.R. 202.21. 806.01 (b) (1) Type of material. Identifying material consists of a two-dimensional reproduc- tion or rendering of the work in some form which is visually perceivable with- out the aid of a machine or device. The identifying material may consist of photo- graphic prints, transparencies, photo- copies, drawings, or a similar rendering of the work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-14" --> 806 ##### Quantity and content of material deposited: special situations. (cont'd) 806.01 Works reproduced in or on three-dimensional objects. (cont'd) 806.01 (b) Works reproduced in or on three-dimensional objects: what must be deposited. (cont'd) 806.01(b)(2) Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. 806.01(b)(3) Content of pieces. * Copyrightable content. The identi- fying material must clearly show the entire copyrightable content of the work for which registration is sought. * Copyright notice. In the case of works published with notice of copy- right, the notice and its position on the work must be clearly shown on at least one piece of identifying mate- rial. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. * Title and dimensions. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. * Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable con- tent of the work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-15" --> ###### 806 Quantity and content of material deposited: special situations. (cont'd) 806.01 Works reproduced in or on three-dimensional objects. (cont'd) 806.01 (b) Works reproduced in or on three-dimensional objects: what must be deposited. (cont'd) 806.01(b)(3) Content of pieces. (cont'd) * Color. Generally, the identifying material may be in black and white or may consist of a reproduction of the actual colors of the work. However, if the work reproduced in or on the three-dimensional object is pictorial or graphic, the identifying material must reproduce the actual colors employed in the work. 806.01(b)(4) Size of pieces. * Uniform size. All pieces, except separate drawings or similar repro- ductions of the copyright notice, must be of uniform size. * Photographic transparencies. Photo- graphic transparencies must be at least 35mm in size, and if 3 by 3 inches or less, they must be mounted in card- board, plastic, or similar mounts to facilitate identification, handling, and storage. If the transparencies are larger than 3 by 3 inches, the Copyright Office prefers that they be mounted for easy handling, and may require such mounting in particular cases. * All pieces except photographic trans- parencies. The preferred size for all pieces except photographic transpar- encies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-16" --> Quantity and content of material deposited: special situations. (cont'd) 806.02 Oversize copies. In the case of any copy which is oversize, identifying material is required as a deposit. 806.02 (a) Oversize copies: when this requirement applies. Identifying material must be submitted in lieu of an actual copy or copies whenever any single dimension of a deposit otherwise required under the regulations is larger than 96 inches. See 37 C.F.R. 202.20 (c) (2) (ix). 806.02 (b) Oversize copies: what must be deposited. When identifying material is required, it must comply with the specifications below. See 37 C.F.R. 202.21. 806.02 (b) (1) Type of material. Identifying material consists of a two-dimensional reproduction or rendering of the work in some form which is visually perceived without the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work. 806.02(b)(2) Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. 806.02 (b) (3) Content of pieces. * Copyrightable content. The identi- fying material must clearly show the entire copyrightable content of the work for which registration is sought. * Copyright notice. In the case of works published with notice of copyright, the notice and its position on the work must be clearly shown on at least one piece of identifying material. Such piece <!-- PageFooter="[1984]" --> <!-- PageBreak --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.02 Oversize copies. (cont'd) 806.02 (b) Oversize copies: what must be deposited. (cont'd) 806.02(b)(3) Content of pieces. (cont'd) \* Copyright notice. (cont'd) shall show the exact appearance and con- tent of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. \* Title and dimension. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. \* Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than life- size, the image must be large enough to show clearly the entire copyright- able content of the work. \* Color. Generally, the identifying material may be in black and white or may consist of a reproduction of the actual colors of the work. However, if the work reproduced in or on the three-dimensional object is pictorial or graphic, the identifying material must reproduce the actual colors employed in the work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-18" --> ###### 806 Quantity and content of material deposited: special situations. (cont'd) 806.02 Oversize copies. 806.02 (b) Oversize copies: what must be deposited. (cont'd) 806.02 (b) (4) Size of pieces. * Uniform size. All pieces, except separate drawings or similar repro- ductions of the copyright notice, must be of uniform size. * Photographic transparencies. Photo- graphic transparencies must be at least 35mm in size. If the trans- parencies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and pre- serve; and the Copyright Office may require such mounting in particular cases. * All pieces except photographic trans- parencies. The preferred size for all. pieces except photographic transpar- encies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. 806.03 Holograms. In the case of any work deposited in the form of a hologram, identifying material which complies with the specifications below must be submitted with the required copy or copies of the hologram. See 37 C.F.R. 202. 20 (c) (2) (iii) . 806.03 (a) Holograms: when this modification applies. This requirement applies to both unpublished and published holograms. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Quantity and content of material deposited: special situations. (cont'd) 806.03 Holograms. (cont'd) 806.03 (b) Holograms: what must be deposited. In addi- tion to the copy or copies required to be deposited for registration, there shall also be deposited for each such copy one set of additional items. The sets shall consist of the following: (1) precise instructions for displaying the image fixed in the hologram; and (2) identifying material which clearly shows the displayed image and complies with the requirements set forth below. 806.03 (b) (1) Type of material. Identifying material consists of a two-dimensional reproduction or rendering of the work in some form which is visually perceivable without the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work. 806.03(b)(2) Number of pieces. As many pieces as are necessary to show clearly the displayed image are required. 806.03(b)(3) Content of pieces. \* Copyrightable content. The identi- fying material must clearly show the displayed image. \* Copyright notice. In the case of holograms published with notice of copyright, the notice and its position on the hologram must be clearly shown on at least one piece of identifying material. Such piece shall show the exact appearance and content of the notice on the hologram, and its specific position on the hologram. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-20" --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.03 Holograms. (cont'd) 806.03 (b) Holograms: what must be deposited. (cont'd) 806.03(b)(3) Content of pieces. (cont'd) * Copyright notice. (cont'd) Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. * Title. At least one piece of identi- fying material must indicate, on its front, back, or mount, the title of the work. * Image size. The identifying material must be large enough to show clearly the displayed image. 806.03(b) (4) Size of pieces. * Uniform size. All pieces must be of uniform size. * Photographic transparencies. Photo- graphic transparencies must be at least 35mm in size. If the trans- parencies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and pre- serve; and the Copyright Office may require such mounting in particular cases. * All pieces except photographic trans- parencies. The preferred size for all pieces except photographic transparen- cies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.04 Unpublished pictorial or graphic works. Identi- fying material may be deposited instead of an actual copy for all unpublished pictorial or graphic works. 806.04 (a) Unpublished pictorial or graphic works: when this modification applies. This provision applies to all unpublished pictorial or graphic works. 806.04 (b) Unpublished pictorial or graphic works: what must be deposited. Identifying material for unpublished works is material which complies with the specifications given below. 806.04(b)(1) Type of material. Identifying material consists of a two-dimensional reproduction or rendering of the work in some form which is visually perceivable without the aid of a machine or device. The identi- fying material may consist of photo- graphic prints, transparencies, photo- copies, drawings, or a similar rendering of the work. 806.04(b)(2) Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. 806.04(b)(3) Content of pieces. \* Copyrightable content. The identi- fying material must clearly show the entire copyrightable content of the work for which registration is sought. \* Title and dimensions. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-22" --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.04 Unpublished pictorial or graphic works. (cont'd) 806.04 (b) Unpublished pictorial or graphic works: what must be deposited. (cont'd) 806.04(b)(3) Content of pieces. (cont'd) * Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work. * Color. The identifying material must reproduce the actual colors employed in the work. 806.04 (b) (4) Size of pieces. * Uniform size. All pieces except sepa- rate drawings or similar reproductions of the copyright notice, if any, must be of uniform size. * Photographic transparencies. Photo- graphic transparencies must be at least 35mm in size. If the transpar- encies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve; and the Copyright Office may require such mounting in particular cases. * All pieces except photographic trans- parencies. The preferred size for all pieces except photographic transpar- encies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 800-23 806 Quantity and content of material deposited: special situations. (cont'd) 806.05 Pictorial or graphic works published in certain limited editions. The deposit of either one complete copy of the work or identifying material complying with the specifications given below may be made in the case of pictorial or graphic works published in certain limited editions. See 37 C.F.R. 202.20 (c) (2) (iv) . 806.05 (a) Pictorial or graphic works published in certain limited editions: when this modifi- cation applies. This modification applies to published pictorial or graphic works only if the individual author is the owner of copy- right in the work, and either: (1) less than five copies of the work have been published, or (2) the work has been published and sold or offered for sale in a limited edition consisting of no more than 300 numbered copies. 806.05(b) Pictorial or graphic works published in certain limited editions: what must be deposited. The applicant may deposit either one complete copy of the work or identifying material which complies with the specifica- tions given below. NOTE: It is not neces- sary that the copy deposited be one of the numbered copies of the limited edition. 806.05(b) (1) Type of material. Identifying material consists of a two-dimensional reproduc- tion or rendering of the work in some form which is visually perceivable with- out the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work. 806.05(b)(2) Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. [1984] <!-- PageBreak --> <!-- PageHeader="800-24" --> Quantity and content of material deposited: special situations. (cont'd) 806.05 Pictorial or graphic works published in certain limited editions. (cont'd) 806.05 (b) Pictorial or graphic works published in certain limited editions: what must be deposited. (cont'd) 806.05(b)(3) Content of pieces. * Copyrightable content. The identi- fying material must clearly show the entire copyrightable content of the work for which registration is sought. * Copyright notice. In the case of works published with notice of copy- right, the notice and its position on the work must be clearly shown on at least one piece of identifying mate- rial. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. * Title and dimension. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. * Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work. * Color. The identifying material must reproduce the actual colors employed in the work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-25" --> ###### 806 Quantity and content of material deposited: special situations. (cont'd) 806.05 Pictorial or graphic works published in certain limited editions. (cont'd) 806.05 (b) Pictorial or graphic works published in certain limited editions: what must be deposited. (cont'd) 806.05(b)(4) Size of pieces. \* Uniform size. All pieces except sepa- rate drawings or similar reproductions of the copyright notice must be of uniform size. \* Photographic transparencies. Photo- graphic transparencies must be at least 35mm in size. If the transpar- encies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve; and the Copyright Office may require such mounting in particular cases. \* All pieces except photographic trans- parencies. The preferred size for all pieces except photographic transparen- cies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. 806.06 Published commercial prints or labels. Gen- erally, in the case of prints, labels, and other advertising matter published in connection with the rental, lease, lending, licensing, or sale of articles of merchandise, works of authorship, or services, the deposit of one complete copy of the work will suffice. There are two exceptions to this general rule set forth below. See 37 C.F.R. 202.20 (c) (2) (v). 806.06 (a) Commercial prints or labels published in a larger work. In the case of a print or label published in a larger work, such as a news- paper or other periodical, one copy of the entire page or pages upon which it appears may be submitted in lieu of the entire larger work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-26" --> 806 ###### Quantity and content of material deposited: special situations. (cont'd) 806.06 Published commercial prints or labels. (cont'd) 806.06 (a) Commercial prints or labels published in a larger work. (cont'd) Example : A soap company has published a half-page advertisement in a newspaper, and submits an application, fee, and the entire page on which the advertisement appears, taken from the newspaper. The deposit is acceptable. 806.06 (b) Commercial print or labels that are physi- cally inseparable from a three-dimensional object. In the case of a print or label which is physically inseparable from a three-dimensional object, identifying mate- rial which complies with the following specifications must be submitted rather than an actual copy unless the work is reproduced on three-dimensional containers which are capable of flat storage, and when opened, slit, or folded, do not exceed 96 inches in any dimension. In a case of this kind, the container must be capable of being flattened in such a way that the copyrightable matter on the container is not damaged. See 37 C.F.R. 202.20 (c) (ix) (B) (6). 806.06 (b) (1) Type of material. Identifying material consists of a two-dimensional reproduc- tion or rendering of the work in some form which is visually perceivable with- out the aid of a machine or device. The identifying material may consist of photographic prints, transparencies, photocopies, drawings, or a similar rendering of the work. 806.06(b)(2) Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. [1984] <!-- PageBreak --> 806 Quantity and content of material deposited: special situation. (cont'd) 806.06 Published commercial prints or labels. (cont'd) 806.06 (b) Commercial prints or labels that are physi- cally inseparable from a three-dimensional object. (cont'd) 806.06 (b)(3) Content of pieces. \* Copyrightable content. The identi- fying material must clearly show the entire copyrightable content of the work for which registration is sought. \* Copyright notice. In the case of works published with notice of copy- right, the notice and its position on the work must be clearly shown on at least one piece of identifying mate- rial. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. \* Title and dimension. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. \* Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work. \* Color. Generally, the identifying material may be in black and white or may consist of a reproduction of the actual colors of the work. However, <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-28" --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.06 Published commercial prints or labels. (cont'd) 806.06 (b) Commercial prints or labels that are physi- cally inseparable from a three-dimensional object. (cont'd) 806.06 (b)(3) Content of pieces. (cont'd) * Color. (cont'd) if the work reproduced in or on the three-dimensional object contains any pictorial or graphic matter, the iden- tifying material must reproduce the actual colors employed in the work. 806.06(b) (4) Size of pieces. * Uniform size. All pieces except sepa- rate drawings or similar reproductions of the copyright notice must be of uniform size. * Photographic transparencies. Photo- graphic transparencies must be at least 35mm in size. If the transpar- encies are 3 by 3 inches or less, they must be mounted in a way that makes them easy to handle and preserve; and the Copyright Office may require such mounting in particular cases. * All pieces except photographic trans- parencies. The preferred size for all pieces except photographic transparen- cies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 or larger than 9 by 12. 806.07 Published tests and answer material. In the case of tests and answer material for tests which have been published separately from other literary works, one complete copy may be deposited in lieu of two copies. See 37 C.F. R. 202 . 20 (c) (2) (vi) . <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-29" --> 806 ###### Quantity and content of material deposited: special situations. (cont'd) 806.08 Secure tests. A special deposit procedure is available for "secure tests." See 37 C.F.R. 202.20 (c) (2) (vi). 806.08 (a) Secure tests: when this modification applies. This procedure applies to secure tests.A secure test is defined as a nonmarketed test administered under supervision at specified centers on specified dates, all copies of which are accounted for and either destroyed or returned to restricted locked storage following each administration. For this purpose a test is considered as "not marketed" if copies are not sold but it is distributed and used in such a manner that ownership and control of copies remain with the test spon- sor or publisher. See 37 C.F.R. 202.20 (b) (4). 806.08(b) Secure tests: what must be deposited. One complete copy of the test must be deposited with identifying material which constitutes a sufficient archival record of the deposit. The sufficiency of the identifying material is determined by the Copyright Office Exam- ining Division. The actual copy is returned to the applicant after examination; the identifying material is retained as the archival record of the deposit. 806.08(c) Secure tests: special procedure. When a secure test is to be registered under this special procedure, the Head of the Literary Section, Examining Division, must be notified in advance by the applicant or authorized representative. The Section Head will then arrange for examination of the material in a nonpublic place with the applicant or autho- rized representative present. The receipt date will be stamped on the appropriate material by the examiner receiving the claim. After examination, the actual copies of the test will be returned to the applicant or authorized representative. The application and the identifying material will then pro- ceed through the registration process in the usual manner. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 800-30 806 Quantity and content of material deposited: special situations. (cont'd) 806.09 Pictorial or graphic works reproduced in or on sheetlike materials. In the case of any unpub- lished work that is fixed, or any published work that is published only in the form of a two- dimensional reproduction on sheetlike materials such as textile and other fabrics, the deposit shall consist of one copy in the form of an actual swatch or piece of such material suffi- cient to show all elements of the work in which copyright is claimed and the copyright notice, if any, appearing on the work. If the work consists of a repeated pictorial or graphic design, the complete design and at least part of one repeti- tion must be shown. Examples of such works include lace, embroidery, wallpaper, wrapping paper, carpeting, linoleum, and other floor coverings. See 37 C.F.R. 202. 20 (c) (2) (viii) . 806.10 Pictorial or graphic works reproduced on sheet- like materials published only in or on three- dimensional objects. Where a work is reproduced on sheetlike materials which have been published only in or on three-dimensional articles, the deposit must generally consist of identifying materials which meet the following specifications. 806.10 (a) Type of material. Identifying material con- sists of a two-dimensional reproduction or rendering of the work in some form which is visually perceivable without the aid of a machine or device. The identifying material may consist of photographic prints, trans- parencies, photocopies, drawings, or a similar rendering of the work. 806.10 (b) Number of pieces. One set, of as many pieces as are necessary to show clearly the entire copyrightable content of the work for which registration is sought, is required. 806.10 (c) Content of pieces. * Copyrightable content. The identifying material must clearly show the entire copyrightable content of the work for which registration is sought. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-31" --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.10 Pictorial or graphic works reproduced on sheet- like materials published only in or on three- dimensional objects. (cont'd) 806.10 (c) Content of pieces. (cont'd) \* Copyright notice. In the case of works published with notice of copyright, the notice and its position on the work must be clearly shown on at least one piece of identifying material. Such piece shall show the exact appearance and content of the notice, and its specific position on the work. Where necessary because of the size or position of the notice, a separate drawing or similar reproduction shall be submitted. \* Title and dimensions. At least one piece of identifying material must indicate, on its front, back, or mount, the title of the work, and an exact measurement of one or more dimensions of the work. \* Image size. Generally, except in the case of photographic transparencies, the image of the work must be lifesize or larger. However, if less than lifesize, the image must be large enough to show clearly the entire copyrightable content of the work. \* Color. The identifying material must reproduce the actual colors employed in the work. 806.10 (d) Size of pieces. \* Uniform size. All pieces except separate drawings or similar reproductions of the copyright notice must be of uniform size. \* Photographic transparencies. Photographic transparencies must be at least 35mm in size. If the transparencies are 3 by 3 inches or less, they must be mounted in a <!-- PageFooter="[1984]" --> <!-- PageBreak --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.10 Pictorial or graphic works reproduced on sheet- like materials published only in or on three- dimensional objects. (cont'd) 806.10 (d) Size of pieces. (cont'd) \* Photographic transparencies. (cont'd) way that makes them easy to handle and preserve; and the Copyright Office may require such mounting in particular cases. \* All pieces except photographic transpar- encies. The preferred size for all pieces except photographic transparencies is 8 by 10 inches, but in no case may a piece be smaller than 3 by 3 inches or larger than 9 by 12 inches. NOTE: In certain cases where the two-dimen- sional pictorial and graphic material is embodied in an article of wearing apparel or the like, the Copyright Office will accept as a deposit the actual garment, provided that its seams have been split and the deposit includes all the panels utilized in the con- struction of the garment. 806.11 Separate registration for work embodied only in a motion picture soundtrack. For separate regis- tration of an unpublished work that is fixed, or a published work that is published, only as embodied in a soundtrack that is an integral part of a motion picture, identifying material will suffice in lieu of an actual copy or copies of the motion picture. Such identifying material shall consist of: 1\) A transcription of the entire work, or a reproduction of the entire work on a phono- record; and 2\) Photographs or other reproductions from the motion picture showing the title of the <!-- PageFooter="[1984]" --> <!-- PageBreak --> 806 Quantity and content of material deposited: special situations. (cont'd) #### 806.11 # Separate registration for work embodied only in a motion picture soundtrack. (cont'd) 2\) (cont'd) motion picture, the soundtrack credits, and the copyright notice, if any, for the soundtrack. See 37 C.F.R. 202.21 (f). 806.12 Machine-readable works. Where an unpublished literary work is fixed, or a published literary work is published only in the form of machine- readable copies ( such as magnetic tapes or disks, punch cards, or the like) from which the work cannot ordinarily be perceived except with the aid of a machine or device, special deposit requirements apply. See 37 C.F.R. 202. 20(c) (2) (vii) . 806.12 (a) Machine-readable works: what must be depos- ited. The form of deposit varies depending on the type of machine-readable work sub- mitted for registration, but generally con- sists of some type of "identifying portions" of the work. Deposit of the entire work is acceptable in limited instances. In all cases, however, the deposit must be in a form visually perceptible without the aid of a machine or device. NOTE: Works published in a form requiring the use of a machine or device for purposes of optical enlargement ( such as film, filmstrips, slide films, and works published in any variety of microform), and works published in visually perceptible form but used in connection with optical scanning devices, are not within this cate- gory. See 37 C.F.R. 202. 20 (c) (2) (vii) (A-B) . 806.12 (a) (1) Published and unpublished computer pro- grams. For both published and unpub- lished computer programs, either one paper or one microform copy of the first and last 25 pages, or equivalent units <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-34" --> 806 # Quantity and content of material deposited: special situations. (cont'd) 806.12 Machine-readable works. (cont'd) 806.12 (a) Machine-readable works: what must be depos- ited. (cont'd) 806.12 (a) (1) Published and unpublished computer pro- grams. (cont'd) of the program, must be deposited. In cases where the work is under 50 pages or equivalent units in total length, the entire work should be deposited. If the work is published with a copyright notice, the applicant must also submit the page or equivalent unit which con- tains the copyright notice. The source code rather than the object code is the best representation of the authorship, and therefore should generally be depos- ited. See 37 C.F.R. 202.20 (c) (2) (vii) (A). 806.12 (a) (2) Published and unpublished automated data bases. Generally, the deposit for pub- lished and unpublished automated data bases is a paper or microform copy of the first and last 25 pages of the work. The deposit for automated data bases which are made up of separate and distinct data files, however, is either 50 complete data records from each file, or the entire file, whichever is less. "Data file" and "file" mean a group of data records pertaining to a common subject matter, regardless of the physical size of the records or the number of data items included in them. In the case of revised versions of such data bases, the portions deposited must contain repre- sentative data records which have been added or modified. When 50 complete data records from each separate file are sub- mitted, however, a typed or printed descriptive statement must be submitted as well. That statement must include: <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-35" --> 806 Quantity and content of material deposited: special situations. (cont'd) 806.12 Machine-readable works. (cont'd) 806.12 (a) Machine-readable works: what must be depos- ited. (cont'd) 806.12 (a) (2) Published and unpublished automated data bases. (cont'd) 1\) The title of the data base; 2\) The claimant's name and address ; 3 ) The name and subject matter content of each separate file within the data base, origin of the data, and approx- imate number of individual records in the file; and 4\) A description of the exact contents of any machine-readable copyright notice employed in or with the work and the manner and frequency with which it is displayed (e.g., at user's terminal only at sign-on, or continuously on terminal display, or on printouts, etc.). If a visually perceptible copyright notice is placed on any copies of the work ( such as magnetic tape reels or their container), a sample of such notice must also accompany the statement. See 37 C.F.R. 202.20 (c) (2) (vii) (B). 806.13 Motion pictures. The following requirements apply to unpublished and published motion pic- tures. 806.13 (a) Unpublished motion pictures. The applicant may, for registration, deposit one complete copy or identifying material. In either case, a description is also required. See 37 C.F.R. 202.20 (c) (2) (ii) and 202.21 (g). <!-- PageFooter="[1984]" --> <!-- PageBreak --> Quantity and content of material deposited: special situations. (cont'd) 806.13 ## Motion pictures. (cont'd) 806.13 (a) 806.13 (a) (1) Unpublished motion pictures. (cont'd) Deposit of complete copy. If the appli- cant chooses to deposit an actual copy of the work, the copy must be complete. A copy is complete if the reproduction of the visual and sound elements is clean, undamaged, undeteriorated, and free of splices, and if the copy and physical housing have no defects which would interfere with performance of the motion picture or cause mechanical, visual, or audible defects or distortions. See 37 C.F.R. 202.20 (b) (2) (vi). The copy must be accompanied by a separate description of its contents, which may be a conti- nuity, a pressbook, or a synopsis. See 37 C.F.R. 202.20 (c) (2) (ii). However, when the Copyright Office is asked, it will encourage the deposit of a shooting script as the description. 806.13 (a) (2) Deposit of identifying material. If the applicant chooses to deposit identifying material instead of an actual copy, two things must be deposited : 1\) A description which may be a continuity, a pressbook, or a synopsis but which must include the title or continuing title of the work and the episode title, if any; the nature and general content of the program; the date of first fixation and whether it took place simultaneously with first transmission; the date of first transmission, if any; running time; and credits, if any, appearing on the work; and 2\) Either an audio cassette or other phonorecord reproducing the entire soundtrack or other sound portion of <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-37" --> 806 ## Quantity and content of material deposited: special situations. (cont'd) 806.13 Motion pictures. (cont'd) 806.13 (a) Unpublished motion pictures. (cont'd) 806.13 (a) (2) Deposit of identifying material. (cont'd) 2) (cont'd) the motion picture, or a set con- sisting of one frame enlargement or similar visual reproduction from each 10-minute segment of the motion pic- ture. Frames clipped from the film are not acceptable. 806.13 (b) Published motion pictures. The deposit requirements for published motion pictures consist of one complete copy of the best edition of the motion picture and a description. 806.13 (b) (1) Deposit of the best edition. The best edition of a motion picture is determined by referring to the criteria listed in the Best Edition Statement. See Appendix to this chapter. 806.13 (b) (2) Deposit of a complete copy. The copy must be complete, meaning that the repro- duction of the visual and sound elements comprising the copyrightable subject matter in the work must be clean, un- damaged, undeteriorated, and free of splices, and that the copy itself and its physical housing must be free of any defects which would interfere with per- formance of the motion picture, or cause mechanical, visual, or audible defects or distortions. See 37 C.F.R. 202.20 (b) (2) (vi). 806.13 (b) (3) Deposit of description. The copy must be accompanied by a separate description of its contents which may be a continuity, a pressbook, or a synopsis. See 37 C. F. R. 202.20 (c) (2) (ii). However, when the <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="800-38" --> 806 # Quantity and content of material deposited: special situations. (cont'd) 806.13 Motion pictures. (cont'd) 806.13 (b) Published motion pictures. (cont'd) 806.13(b) (3) Deposit of description. (cont'd) Copyright Office is asked, it will encourage the deposit of a shooting script as the description. 806.13 (b) (4) Separately registrable works of author- ship fixed in film, videotape, or the like. A film, videotape, or the like can constitute the form of embodiment in which a copyrightable work other than a motion picture is fixed. Generally, in such cases the deposit requirements for the particular work of authorship being registered govern the form of the deposit, rather than the deposit requirements for motion pictures. Examples include the following : 1) Pantomime fixed in a one-half-inch videocassette. 2) Choreography fixed in a hologram. 3) Resume spoken and fixed in a three- quarter-inch videocassette. 4) Graphic illustrations fixed in Super 8 film. NOTE: For deposit requirements in the case of an unpublished work that is fixed or a published work that is published only as embodied in a soundtrack that is an integral part of a motion picture, see section 806.11 above. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-39" --> Motion Picture Agreement. The Library of Congress may, at its sole discretion, enter into an agreement permitting the return of copies of published motion pictures to the depositor under certain conditions and establishing certain rights and obligations with respect to such copies on the part of both the depositor and the Library of Congress. The Deposits and Acquisitions Section of the Acquisitions and Processing Division of the Copyright Office administers the Motion Picture Agreement. See 37 C.F.R. 202.20 (c) (2) (ii). The Motion Picture Agreement provides that after copyright registration has been completed the deposit copy will be returned to the depositor at the de- positor's expense. However, a copy for addition to the Library's permanent collections is subject to recall by the Library of Congress at any time within a period of two years. In signing the Motion Picture Agreement, the depositor agrees, if the film is re- called, to provide the Library with a copy which meets the archival quality standards set forth in the Agreement. 807.01 Who may enter into the Agreement. The Agreement is available upon request to owners of copyright in published motion pictures or owners of the exclusive right of publication (including the exclusive right of distribution in the United States) who are depositing a copy of the motion picture in the Copyright Office and to foreign depositors whose works, although initially pub- lished outside the United States, have been pub- lished in the United States before the date of deposit. NOTE: Foreign depositors whose motion pictures are published only outside the United States before the date of deposit may enter into the Motion Picture Agreement by executing the basic Agreement, together with a Standard Modi- fication of the Agreement, provided that the depositor has an established business office in the United States, or has designated a United States agent with express authority to receive service in the event the Agreement is breached. 807.02 Who may sign the Agreement. An individual depositor or a legal representative may sign the Agreement. A business entity depositor may sign <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-40" --> ## Motion Picture Agreement. (cont'd) 807.02 Who may sign the Agreement. (cont'd) the Agreement through a legal representative empowered to bind the business entity, as for example, the officer of a corporation, an attorney-in-fact for the depositor, or another agent of a depositor satisfactory to the Library of Congress. In certain cases, the Standard Modification must be completed; see NOTE in section 807.01 above. Also, in certain cases, a bond signed by the attorney-in-fact for the depositor, which subjects such attorney-in-fact to certain liability under the Agreement, is required in addition to the Agreement. 807.03 Return of deposit copy under the Agreement. The Copyright Office will return the motion picture to the depositor under the Agreement if it receives a specific written request for return of that particular motion picture. In general, the following conditions apply for the return of motion pictures : 1) If a motion picture is to be returned by a private carrier designated by the depositor, shipment instructions must be included with the request for return. The instructions must name the carrier to be contacted, give an account number (if available), indicate that the motion picture is to be returned at the depositor's expense, include a declara- tion of value, and state the amount of insurance required. 2) If the depositor so requests, the motion pic- ture will be shipped collect by means of a private carrier chosen by the Library of Congress, with insurance coverage at the depositor's expense, to the amount of the declared value; if no value has been de- clared, the amount of this insurance will be based on the estimated replacement cost for a copy of identical physical characteristics produced by a commercial laboratory. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-41" --> 807 Motion Picture Agreement. (cont'd) Return of deposit copy under the Agreement. (cont'd) 807.03 3\) Unless the Copyright Office is otherwise directed in writing at the time of deposit, motion pictures will be returned to the depositor by Special Fourth Class Mail. In these cases, the Library of Congress does not assume any responsibility for providing insurance. Because of the high risk of loss with respect to certain films, the Copyright Office will ordinarily attempt to contact depositors of 35mm feature films, oversize deposits, and copies of special value for instructions for return by private carrier at the depositor's expense. 807.04 Recall of the deposit copy under the Agreement. At any time within a period of two years, the Library of Congress may make a written request that a copy of archival quality be submitted for its permanent collections under the terms of the Motion Picture Agreement. Upon receipt of that request one complete copy of the film, meeting the standards set forth in Appendix A of the Agreement, must be sent to: Motion Picture Section Motion Picture Broadcasting and Recorded Sound Division The Library of Congress Washington, D. C. 20540 807.05 Quality of copy deposited under the Agreement. If a depositor has signed the Motion Picture Agreement and deposits a copy, but does not request the return of the copy, it is considered a "non-agreement" film and is treated as though there is no Agreement on file. The standards that govern the quality of such a copy are those explained in section 806.13 above, and the special "archival quality" standards which are set forth in the language of the Agreement, and Appendix A thereto, do not apply. However, any copy recalled by the Library of Congress under the Agreement must meet all the technical guide- lines set forth in Appendix A to the Agreement. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-42" --> ## Motion Picture Agreement. (cont'd) 807.06 Supplemental Property Agreement. Where a depositor who has entered into a Motion Picture Agreement has deposited for registration a copy of a motion picture which does not represent the form of copy which the Library of Congress wishes to retain for its collections, such copy may be accepted for registration if the depositor speci- fically agrees in accordance with a Supplementary Property Agreement that a copy of archival quality will be delivered on demand under the Motion Picture Agreement. 808 807.07 Termination of the Motion Picture Agreement. The Library of Congress may terminate the Motion Picture Agreement for any good cause, including single or repeated instances of breach of the Agreement. If an Agreement is terminated by the Library, the termination applies only to motion pictures deposited after the termination, and does not affect the rights or obligations of either party with respect to any copies already deposited or returned under the Agreement. If the Agreement is terminated by the Library, it is not subject to reinstatement unless the Library believes that reinstatement, or entering into a new Agreement, would be in its best interests. See 37 C.F.R. 202.20 (c) (2) (ii). Special relief from the deposit requirements for registration. Special relief is a procedure which allows the Register of Copyrights to grant the requestor the option of depositing less than or other than that which is required under the general deposit provisions. See 37 C.F.R. 202.20 (d) ; see also 17 U.S.C. 407(c) and 408(c). 808.01 Special relief: in general. Special relief was devised because it is impossible to establish exemptions or alternatives to cover all cases where the general deposit provisions of the statute might cause unnecessary hardship. Special relief is intended to respond to the legislative directive that deposit provisions be kept flexible "so that there will be no obliga- tion to make deposit where it serves no purpose, so that only one copy or phonorecord may be <!-- PageFooter="[1984]" --> <!-- PageBreak --> 800-43 808 Special relief from the deposit requirements for registration. (cont'd) 808.01 Special relief: in general. (cont'd) deposited where two are not needed, and so that reasonable adjustments can be made to meet practical needs in special cases." See H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. at 151 (1976), and S. Rep. No. 94-473, 94th Cong., 1st Sess. at 134 (1975). 808.02 Special relief: criteria. The decision whether to grant special relief is based on the acquisi- tion policies of the Library of Congress in force at the time the request is made and the examining and archival requirements of the Copyright Office. 808.03 Special relief: procedures. The procedures for special relief are the following. 808.03 (a) Required elements of request. Requests for special relief must be made in writing to the Chief, Examining Division, Copyright Office. The request must be signed by or on behalf of the person signing the application for regis- tration. The request must set forth the specific reasons that it should be granted. Examples include unavailability of the re- quired deposit, financial burden, confiden- tiality, rarity, fragility, and weight. The request should also state the form of relief desired, e.g., permission to deposit one copy or phonorecord rather than two, permission to deposit alternative identifying material rather than one or two copies or phono- records, permission to deposit incomplete copies or phonorecords rather than those normally constituting the best edition, or ( for works first published before 1978) permission to deposit a later printing or edition rather than the work as first pub- lished. 808.03 (b) Responsibility for decision. The decision to grant or deny special relief is made by the Chief of the Examining Division after con- sultation with the Chief of the Acquisitions and Processing Division of the Copyright Office. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-44" --> 808 Special relief from the deposit requirements for registration. (cont'd) 808.03 Special relief: procedures. (cont'd) 808.03 (c) Special relief granted. When special relief is granted, the application will be anno- tated as follows: "Special relief granted under 37 C.F.R. 202.20 (d) ." This annotation is keyed with an asterisk to the "DEPOSIT RECEIVED" space on the application for regis- tration. NOTE: Where the work was first published before 1978, the annotation should also re- flect the nature of the material deposited and refer to the remitter's letter; for example : 1) "Photocopies accepted under a grant of special relief in accordance with 37 C.F.R. 202.20 (d). See correspondence file." 2) "Second printing accepted under a grant of special relief in accordance with 37 C.F.R. 202.20) (d). Re: notice of copyright on copies as first published, see applicant's letter of · 808.03 (d) Special relief denied. Where the special relief is denied, the applicant will be notified in writing, and the letter to the applicant will set forth the reasons for the denial. 808.04 Special relief: continuous or ongoing grants. In some cases a grant of continuous or ongoing special relief is possible. The procedures and criteria for such relief are the same as for one-time special relief. In such cases, however, the applicant is asked to include with each sub- mission a covering letter or memorandum referring to such grant and the date thereof. Any con- tinuous grant may be terminated by the Chief of the Examining Division after consultation with the Chief of the Acquisitions and Processing Division of the Copyright Office. Notice of <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-45" --> 808 Special relief from the deposit requirements for registration. (cont'd) 808.04 Special relief: continuous or ongoing grants. (cont'd) termination will be in writing and will set forth the specific date of termination which must be at least 30 days later than the date the notice is mailed. This notice is sent to the individual or organization to whom the grant of special relief had been given at the last address shown in the records of the Copyright Office. 809 Relationship of deposit for registration to mandatory deposit under 17 U.S.C. 407. The deposit for a pub- lished work that is acceptable under section 408 of the current Act, which deals with copyright regis- tration, also satisfies the deposit requirements of section 407 of that Act, which deals with deposit for the use or disposition of the Library of Congress. 810 Appendix. The text of the "'Best Edition' of Pub- lished Copyrighted Works for the Collections of the Library of Congress, " mentioned in this chapter, appears as an APPENDIX which follows this page. <!-- PageFooter="[1984]" --> <!-- PageBreak --> # APPENDIX ## "Best Edition" of Published Copyrighted Works for the Collections of the Library of Congress* The Copyright Law (Title 17, United States Code) re- quires that copies or phonorecords deposited in the Copyright Office be of the "best edition" of the work. The law states that "The 'best edition' of a work is the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes." When two or more editions of the same version of a work have been published, the one of the highest quality is generally considered to be the best edition. In judging quality, the Library of Congress will adhere to the criteria set forth below in all but exceptional circumstances. Where differences between editions represent varia- tions in copyrightable content, each edition is a separate version and "best edition" standards based on such dif- ferences do not apply. Each such version is a separate work for the purposes of the Copyright Law. Appearing below are lists of criteria to be applied in determining the best edition of each of several types of material. The criteria are listed in descending order of importance. In deciding between two editions, a criterion-by-criterion comparison should be made. The edition which first fails to satisfy a criterion is to be con- sidered of inferior quality and will not be an acceptable deposit. For example, if a comparison is made between two hardbound editions of a book, one a trade edition printed on acid-free paper and the other a specially bound edition printed on average paper, the former will be the best edition because the type of paper is a more important criterion than the binding. Under regulations of the Copyright Office, potential de- positors may request authorization to deposit copies or phonorecords of other than the best edition of a specific work (e.g., a microform rather than a printed edition of a serial). \* This excerpt is taken from Volume 43, No. 2 of the Federal Register for Wednesday, January 4, 1978 (p. 766) . <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### I. PRINTED TEXTUAL MATTER A. Paper, Binding, and Packaging: 1\. Archival-quality rather than less-permanent paper. 2\. Hard cover rather than soft cover. 3\. Library binding rather than commercial binding. 4\. Trade edition rather than book club edition. 5\. Sewn rather than glue-only binding. 6\. Sewn or glued rather than stapled or spiral-bound. 7\. Stapled rather than spiral-bound or plastic-bound. 8\. Bound rather than looseleaf, except when future looseleaf insertions are to be issued. 9\. Slipcased rather than nonslipcased. 10\. With protective folders rather than without (for broadsides). 11\. Rolled rather than folded (for broadsides). 12\. With protective coatings rather than without (except broadsides, which should not be coated). B. Rarity: 1\. Special limited edition having the greatest number of special features. 2\. Other limited edition rather than trade edition. 3\. Special binding rather than trade binding. C. Illustrations: 1\. Illustrated rather than unillustrated. 2\. Illustrations in color rather than black and white. #### D. Special Features: 1\. With thumb notches or index tabs rather than with- out. 2\. With aids to use such as overlays and magnifiers rather than without. E. Size: 1\. Larger rather than smaller sizes. (Except that large-type editions for the partially-sighted are not required in place of editions employing type of more conventional size.) ### II. PHOTOGRAPHS A. Size and finish, in descending order of preference: 1\. The most widely distributed edition. 2\. 8 x 10-inch glossy print. 3\. Other size or finish. B. Unmounted rather than mounted. C. Archival-quality rather than less-permanent paper stock or printing process. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## III. MOTION PICTURES A. Film rather than another medium. Film editions are listed below in descending order of preference. 1\. Preprint material, by special arrangement. 2\. Film gauge in which most widely distributed. 3\. 35 mm rather than 16 mm. 4\. 16 mm rather than 8 mm. 5\. Special formats (e.g., 65 mm) only in exceptional cases. 6\. Open reel rather than cartridge or cassette. B. Videotape rather than videodisc. Videotape editions are listed below in descending order of preference. 1\. Tape gauge in which most widely distributed. 2\. Two-inch tape. 3\. One-inch tape. 4\. Three-quarter-inch tape cassette. 5\. One-half-inch tape cassette. ## IV. OTHER GRAPHIC MATTER A. Paper and Printing: 1\. Archival quality rather than less-permanent paper. 2\. Color rather than black and white. B. Size and Content: 1\. Larger rather than smaller size. 2\. In the case of cartographic works, editions with the greatest amount of information rather than those with less detail. C. Rarity: 1\. The most widely distributed edition rather than one of limited distribution. 2\. In the case of a work published only in a limited, numbered edition, one copy outside the numbered series but otherwise identical. 3\. A photographic reproduction of the original, by spe- cial arrangement only. D. Text and Other Materials: 1\. Works with annotations, accompanying tabular or textual matter, or other interpretative aids rather than those without them. E. Binding and Packaging: 1\. Bound rather than unbound. 2\. If editions have different binding, apply the criteria in I.A.2-I.A.7, above. 4\. Rolled rather than folded. 5\. With protective coatings rather than without. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-49" --> ## V. PHONORECORDS A. Disc rather than tape. B. With special enclosures rather than without. C. Open-reel rather than cartridge. D. Cartridge rather than cassette. E. Quadraphonic rather than stereophonic. F. True stereophonic rather than monaural. G. Monaural rather than electronically rechanneled stereo. ## VI. MUSICAL COMPOSITIONS A. Fullness of Score: 1\. Vocal music: a. With orchestral accompaniment- i. Full score and parts, if any, rather than conductor's score and parts, if any. (In cases of compositions published only by rental, lease, or lending, this re- quirement is reduced to full score only.) ii. Conductor's score and parts, if any, rather than con- densed score and parts, if any. (In cases of compo- sitions published only by rental, lease, or lending, this requirement is reduced to conductor's score only.) b. Unaccompanied: Open score (each part on separate staff) rather than closed score (all parts condensed to two staves). 2\. Instrumental music: a. Full score and parts, if any, rather than conductor's score and parts, if any. (In cases of compositions published only by rental, lease, or lending, this re- quirement is reduced to full score only.) b. Conductor's score and parts, if any, rather than con- densed score and parts, if any. (In cases of compo- sitions published only by rental, lease, or lending, this requirement is reduced to conductor's score only.) B. Printing and Paper: 1\. Archival-quality rather than less-permanent paper. C. Binding and Packaging: 1\. Special limited editions rather than trade editions. 2\. Bound rather than unbound. 3\. If editions have different binding, apply the criteria in I.A.2-I.A.12, above. 4\. With protective folders rather than without. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="800-50" --> ## VII. MICROFORMS ### A. Related Materials: 1\. With indexes, study guides, or other printed matter rather than without. B. Permanence and Appearance: 1\. Silver halide rather than any other emulsion. 2\. Positive rather than negative. 3\. Color rather than black and white. C. Format (newspapers and newspaper-formatted serials): 1\. Reel microfilm rather than any other microform. D. Format (all other materials): 1\. Microfiche rather than reel microfilm. 2\. Reel microfilm rather than microform cassettes. 3\. Microfilm cassettes rather than micro-opaque prints. E. Size: 1\. 35 mm rather than 16 mm. ## VIII. WORKS EXISTING IN MORE THAN ONE MEDIUM Editions are listed below in descending order of prefer- ence. A. Newspapers, dissertations and theses, newspaper- formatted serials: 1\. Microform. 2\. Printed matter. B. All other materials: 1\. Printed matter. 2\. Microform. 3\. Phonorecord. (Effective: January 1, 1978.) ☒ ☒ [END OF CHAPTER 800] <!-- PageFooter="[1984]" --> <!-- PageBreak --> # Chapter 900 PUBLICATION Outline of Topics 901 Applicability of this chapter. 902 Statutory provision. 903 Authorization by the copyright owner. 904 General policy concerning publication. 905 Distribution as publication. 905.01 Multiple copies or phonorecords. 905.02 To the public. 905.03 Deposit in a public library. 905.04 Deposit for registration in the Copyright Office. 905.05 By sale or other transfer of ownership, or by rental, lease, or lending. 906 Offering to distribute as publication. 906.01 No existing copies or phonorecords. 906.02 To a group of persons. 906.03 For purposes of further distribution, public performance, or public display. 907 Alternative forms of publication. 908 Public performance or display not a publication. 908.01 To perform. 908.02 To display. 908.03 Public or private. 909 Publication of recorded material first distributed before January 1, 1978. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 900 PUBLICATION Outline of Topics" --> 910 910.01 Date and nation of first publication. General policy concerning date and nation of first publication. 910.02 Choice of a date of first publication. 910.03 Release date. 910.04 Embodiment of previously unpublished material in another work. 910.05 Publication of part of a work. 910.06 Publication in serial form. 910.07 Publication of separate parts or installments. 910.08 Previous registration and new versions. 910.09 Works first published outside the United States. 911 Problems relating to date of publication. 911.01 No date of publication. 911.02 Incomplete date. 911.03 Impossible or improbable date. 911.04 Other calendrical systems. 911.05 Separate parts or installments. 911.06 Previous edition or version. 912 Indicia of publication. 912.01 Appearance of deposited material. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 900 PUBLICATION" --> 901 902 Applicability of this chapter. The provisions of this chapter are applicable only to acts which occurred on or after January 1, 1978. Copyright Office practices concerning publication before January 1, 1978, are stated in Compendium I and generally still apply. Statutory provisions. Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication. 17 U.S.C. 101. 903 Authorization by the copyright owner. Not included in the statutory definition of "publication" but implicit in the meaning of the term as applied to copyright registration and related activities is the requirement that acts constituting publication must be by the copy- right owner or under his or her authority. The unauthorized acts of others do not result in such publication. Section 106 of the current Act explicitly provides that the owner of copyright has the sole power to authorize distribution of "copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending." See 17 U.S.C. 106 (3). 904 General policy concerning publication. The following points represent the general policy of the Copyright Office concerning publication : 1\) The Office will ordinarily not attempt to decide whether or not publication has occurred but will generally leave this decision to the applicant. 2\) The Office will not attempt to make factual investigations to determine whether or not publication has occurred. 3 ) When asked for advice, the Office will ordinarily refrain from taking a definite position, but will quote the statutory definition and discuss the meaning of publication in general terms. <!-- PageFooter="[1984]" --> <!-- PageBreak --> General policy concerning publication. (cont'd) 4\) Where the applicant provides the Office with a statement of facts on the basis of which the applicant concludes that publication has occurred, registration will be made as a pub- lished work, unless the facts as stated by the applicant clearly show that publication, as defined by the copyright law, has not taken place. 5\) Where the applicant seeks registration as an unpublished work and provides the Office with a statement of facts which clearly show that publication has occurred, the Office will not register a claim to copyright in the work as unpublished. 6\) Where the Office has information which is at variance with a statement concerning publica- tion provided by the applicant, or where the appearance of the copy or phonorecord deposited seems clearly inconsistent with such statement, the Office will correspond with the applicant. 905 Distribution as publication. Works are published when copies or phonorecords are distributed by the copyright owner or under his or her authority to the public by sale or other transfer of ownership, or by rental, lease, or lending. 905.01 Multiple copies or phonorecords. The statutory definition refers to the distribution of "copies or phonorecords." A work which exists in only one copy or phonorecord is generally not regarded as published when the single existing copy or phonorecord is transferred by sale or otherwise, or when it is rented, leased, or lent. However, where multiple copies are available for distri- bution, the transfer, rental, lease, or lending of a single copy or phonorecord will be suffi- cient for registration to be made as a published work. Examples : 1\) If an original oil painting is sold to a private collector, that sale does not con- stitute publication. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 905 Distribution as publication. (cont'd) 905.01 Multiple copies or phonorecords. (cont'd) Examples : (cont'd) 2\) Where a manufacturer of pottery places copies of its work on sale at a roadside stand next to the factory and sells a single copy, publi- cation does take place. 905.02 To the public. In order for publication to occur by the distribution of copies or phonorecords, such distribution must be "to the public" rather than a more limited distribution. Generally, members of the public are persons who are under no implied or express restriction with respect to disclosure of the work's contents. See H.R. Rep. 94-1476, 94th Cong., 2d Sess. 138 (1976). Examples : .) The distribution of copies on a busy street corner is publication. 2\) The unrestricted gift of copies constitutes publication. 3\) Leaving copies in a public place for anyone to take is publication. 4\) Distributing texts at a seminar for use only by the recipients is ordinarily not publication. NOTE: The fact that the copies bear a statement indicating that their distribution has been restricted or limited in some way will generally not constitute a sufficient basis for questioning whether or not publication occurred. Examples : 1\) "Confidential -- these specifications are for subscribers' use only." 2\) "Not for general distribution." 3\) "For professional use only." <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="900-4" --> 905 Distribution as publication. (cont'd) 905.03 Deposit in a public library. Where a copy or phonorecord of a work is deposited in a public library for unrestricted access by the public, the Copyright Office will not refuse registration as a published work. In such a case, the Office will assume that access to the deposit was unrestricted unless it has information to the contrary. 905.04 Deposit for registration in the Copyright Office. Deposit for registration in the Copyright Office will not be considered to constitute publication. 905.05 By sale or other transfer of ownership, or by rental, lease, or lending. Publication occurs by the sale or other transfer of ownership of copies or phonorecords or by their rental, lease, or lending. 906 Offering to distribute as publication. The offering by the copyright owner, or under his or her authority, to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publica- tion. See 17 U.S.C. 101. The statutory definition implies that the offering to distribute must be of existing multiple copies or phonorecords. ☒ Examples : 1\) The offering of a new line of greeting cards that are in existence to retail outlets is publication. 2\) The offering by a film exchange to distribute prints of an existing motion picture for perfor- mance in theatres is publication. 3\) Offering a work, such as a cartoon or column, to a number of syndicators for purposes of further distribution would normally constitute publica- tion. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="900-5" --> 906 Offering to distribute as publication. (cont'd) 906.01 No existing copies or phonorecords. The offering to distribute copies or phonorecords before any are available in a form ready for distribution does not constitute publication. Examples : 1\) The offering to distribute a motion picture that is still in production does not constitute publication. 2\) The offering to distribute a sound recording which has not been fixed in its final form is not publication. 906.02 To a group of persons. The offering to dis- tribute copies or phonorecords must be to a group of persons. ## Example : The offering to distribute musical scores to a group of band directors for purposes of public performance is publication. 906.03 For purposes of further distribution, public per- formance, or public display. The purpose of the offering must be further distribution, public performance, or public display. Hence an offering to distribute to a group of persons for their pri- vate use, private performance, or private display is not a publication. Example : The offering to distribute classical phono- records to various radio stations for broad- cast constitutes publication. Alternative forms of publication. Since the statutory definition of publication is in two parts, one relating to direct distribution to the public and the other relating to the offering to a group for certain purposes, publication occurs if the facts fit either alternative. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Alternative forms of publication. (cont'd) Examples : 1\) The actual distribution of 350 copies of a print to the public is publication, regardless of whether or not the prints were distributed for purposes of private or public display. 2\) The offering to distribute fine art prints to a group of persons for public display constitutes publication, whereas the offering to distribute such material for private display is not a publi- cation. 908 Public performance or display not a publication. A public performance or public display of a work does not of itself constitute publication. See 17 U.S.C. 101. Therefore, publication will be questioned where words such as "performed, " "televised, " "broadcast, " "posted," "exhibited," etc., have been added to the publication space of the application. 908.01 To perform. To "perform" a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible. 17 U.S.C. 101. 908.02 To display. To "display" a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. 17 U.S.C. 101. 908.03 Public or private. Since the copyright law provides that the "public" performance or dis- play of a work is not publication, it seems clear that performances and displays which are not public do not constitute publication. Thus, in effect, no private performance or display can amount to publication. Examples : 1\) ) Where a pictorial, graphic, or sculptural work was created in 1978 and placed on public dis- play without any restrictions against copying, it is considered unpublished under the current Act. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="900-7" --> 908 Public performance or display not a publication. (cont'd) Public or private. (cont'd) Examples : (cont'd) 2\) A jazz band performing an original song as part of its act on a network television show is not publication. 3\) It is not publication for a composer to perform his work in his home or in public. Publication of recorded material first distrib- uted before January 1, 1978. Where a musical, dra- matic, or literary work was distributed only in the form of phonorecords before January 1, 1978, such musical, dramatic, or literary work was not registerable as a published work under the Act of 1909, as amended. Under the present law, the public distribution of phonorecords on or after January 1, 1978, publishes the musical, dramatic, or literary works recorded thereon. Therefore, if publication of a pre-1978 phonorecord continued on January 1, 1978, that date is considered to be the date of first pub- lication of the underlying work for purposes of copyright registration. 910 Date and nation of first publication. A statement of the date of first publication is required on appli- cations for registration of claims to copyright in published works. The nation of first publication should also be given. 910.01 General policy concerning date and nation of first publication. The Copyright Office will generally accept without question the date of first publica- tion given by the applicant. Although the Office may offer general guidelines concerning the selec- tion of a date, the final choice is ordinarily left to the applicant. The Office will generally decline to accept the date given only if a state- ment made by the applicant clearly shows that first publication did not occur on that date. The Office will correspond with the applicant if it has information inconsistent with the statement used by the applicant as the basis for the date given. <!-- PageFooter="[1984]" --> 908.03 909 <!-- PageBreak --> <!-- PageHeader="900-8" --> 910 ## Date and nation of first publication. (cont'd) 910.01 General policy concerning date and nation of first publication. (cont'd) Similarly, the Copyright Office will generally accept the statement of the applicant on nation of first publication, unless it appears to be clearly inconsistent with the facts stated by the applicant or the information which the Office has with respect to the place of first publication. 910.02 Choice of a date of first publication. When the applicant is uncertain as to the date to be given in the application, the Copyright Office may out- line the following factors to be considered : 1) Where the applicant is uncertain as to which of several possible dates to choose, it is generally advisable to choose the earliest date, to avoid implication of an attempt to lengthen the copyright term, or any other period prescribed by the statute. 2) When the exact date is not known, the best approximate date may be chosen. In such cases, qualifying language such as "approximately, " "on or about, " "circa," "no later than, " and "no earlier than," will generally not be ques- tioned. NOTE: The date given on the application as the date of first publication is important. It may determine the three-month grace period of 17 U.S.C. 412(2) and the five-year period provided in 17 U.S.C. 405 (a) (2) for works published without a notice of copyright. It may also determine the copyright term for works made for hire and for anonymous and pseudonymous works. 910.03 Release date. If copies or phonorecords are put into the "stream of commerce" on one date, for release by distribution "over the counter" to the public on a later date, the Copyright Office will accept either date as first publication. <!-- PageFooter="[1984]" --> ☒ <!-- PageBreak --> Date and nation of first publication. (cont'd) 910.04 Embodiment of previously unpublished material in another work. The inclusion of an unpublished work in another work that is later published results in the publication of the first work to the extent that it is disclosed in the published work. Examples : 1\) Where a preexisting unpublished screenplay is embodied in a motion picture, those elements of the screenplay disclosed in the motion picture are considered to be published at the same time the motion picture is published. 2\) The publication of copies of a lithograph that reproduce a previously unpublished original oil painting, publishes the oil painting to the extent that it is disclosed in the lithograph. 3\) Where an unpublished sculptural work is embodied in a published motion picture, an application for registration of the sculpture may assert that the work is unpublished; in such a case, space 6 on the application form need not be completed. NOTE: It is the view of the Copy- right Office that ordinarily the publication of a motion picture would not result in sufficient disclosure of a sculptural work embodied in the motion picture to effect a publication of such work in the copyright sense. 910.05 Publication of part of a work. Publication of a portion of a work does not necessarily mean that the work as a whole has been published. Examples : 1\) Publication of a detailed plot summary of a play does not constitute publication of the play as a whole. 2\) Publication of a movie version of an unpub- lished story publishes only those elements of the story embodied in the motion picture. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="900-10" --> 910 ## Date and nation of first publication. (cont'd) 910.06 Publication in serial form. Where a work first appears in serial form and later comes out as a book, its appearance in serial form is considered first publication. Registration of a claim to copyright in the book would depend upon the existence of new copyrightable material appearing for the first time in the book. 910.07 Publication of separate parts or installments. Where various parts or installments of a work are first published separately, each part or install- ment is regarded as a separate work, and if regis- tered, must be registered separately. However, where a work is first published as a unit, the fact that parts of the work are also distributed separately will not preclude a single registration for the work. 910.08 Previous registration and new versions. Where the work in question is the first published edition of a work previously registered in unpublished form, the application should give the date of first publication. This is true even if the published edition contains no new matter and the copyright term is not computed from the date of publication. If the work is a new version of a previously published work, the application should give the date of publication of the new version, rather than that of the previously published edition. 910.09 Works first published outside the United States. An application covering a work first published outside the United States should state the date of first publication there, and should be accompanied by a copy or phonorecord of the foreign edition as first published. As a rule, registration for a later published U.S. edition of such work depends upon whether or not new copyrightable material has been added. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 911 Problems relating to date of publication. The following are problems relating to the date of publication. 911.01 No date of publication. An application in which no date of publication is given will ordinarily not be questioned, even though the copies appear to be in published form. In such cases, registration may be made without correspondence unless it seems clear that the applicant fails to understand the registration requirements and actually wishes registration of the work as published. 911.02 Incomplete date. An application lacking one or more of the three necessary elements of the date of publication (month, day, and year) will not be accepted. Where the element is missing from the appropriate space on the application, the Copy- right Office may either request the information and add it to the application, or request a new application. Similarly, an application containing a date extending over a period of time will not be accepted. Examples of unacceptable statements : 1\) "January, 1981." 2\) "July 20-26, 1981." 3\) "Last week of December, 1980." 911.03 Impossible or improbable date. A date of publi- cation that is impossible, such as "February 30, 1981," is not acceptable. If a date is given on the application which, if correct, would signify that the work is in the public domain in the United States, as for example, "March 3, 1867," such application will be questioned. 911.04 Other calendrical systems. When a date of publi- cation is given which appears to be in terms of a calendrical system other than the current Gregorian calendar, the Copyright Office will ask that the date be stated by the applicant in accordance with the current Gregorian calendar. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="900-12" --> 911 Problems relating to date of publication. (cont'd) 911.05 Separate parts or installments. An application giving more than one date of publication for the same work is not acceptable. See section 910.07 above. 911.06 Previous edition or version. An application giving only the date of publication of a previous edition or version is not acceptable. See section 910.08 above. 912 Indicia of publication. In general, the presence of a date of publication in the application will be accepted as indicating that publication has taken place, unless information furnished by the applicant, other information known to the Copyright Office, or the deposited material raises questions as to whether publication actually has taken place. In such cases, the Office will communicate with the applicant. 912.01 Appearance of deposited material. Material sub- mitted as published will not generally be ques- tioned on the single ground that such material is handmade or in preliminary form, e.g., photocopies, mimeographed copies, etc., if publication in that form appears normal in the light of the nature of the work. However, such material may be questioned when the copies con- tain deletions or insertions, or when the copies appear to be incomplete. Examples : 1\) Artist's handmade drawing of a commercial label will be questioned. 2\) Mimeographed copies of a play would normally not be questioned. ## [END OF CHAPTER 900] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 1000" --> ## NOTICE OF COPYRIGHT Outline of Topics 1001 Applicability of this chapter. 1002 Unpublished works. 1003 Published works. 1003.01 Visually perceptible copies. 1003.02 Phonorecords. 1003.03 Contributions to collective works. 1004 Form of the copyright notice. 1004.01 Visually perceptible copies. 1004.02 Phonorecords of sound recordings. 1004.03 Special provision concerning U.S. Government works. 1004.04 Limitations in juxtaposition to the copyright notice. 1004.05 Restricted notice. 1005 Variants of word, symbol, or abbreviation. 1005.01 Visually perceptible copies. 1005.02 Phonorecords of sound recordings. 1006 Year date in the copyright notice. 1006.01 Form of year date. 1006.02 Omitted where required. 1006.03 Earlier than year of publication (antedated) . 1006.04 Later than year of publication (postdated) . 1006.05 Dispersed notice: year date. 1006.06 More than one year in notice. 1007 Name in copyright notice. 1007.01 Name as claimant on application. 1007.02 Sound recordings: presumption as to producer's name in notice. 1007.03 Abbreviation or alternative designation. 1007.04 Unacceptable variants of name, abbreviation, or alternative designation. 1007.05 Pseudonym in notice. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 1000 NOTICE OF COPYRIGHT Outline of Topics" --> \- 2 - ☒ 1007 Name in copyright notice. (cont'd) 1007.06 Deceased person named in notice at time of publication. 1007.07 Identity by reference. 1007.08 Additional names in notice. 1007.09 Separated name. 1008 Omission of copyright notice. 1008.01 Registration. 1009 Error in name. 1010 Error in date. 1010.01 Earlier date. 1010.02 Later date. 1011 Omission of name or date. 1011.01 Separated name. 1011.02 Separated date. 1011.03 Identity by reference. 1012 Publication incorporating United States Government works. 1013 Affixation and position of the copyright notice. 1013.01 Copies. 1013.02 Phonorecords. 1013.03 Notice not properly affixed. 1013.04 Works published in book form. 1013.05 Periodicals or other serials. 1013.06 Musical works. 1013.07 Single-leaf works. 1013.08 Contributions to collective works. 1013.09 Works reproduced in machine-readable copies. 1013.10 Motion pictures and other audiovisual works. 1013.11 Pictorial, graphic, and sculptural works. 1013.12 Separable parts published in permanent con- tainer. 1013.13 Dust jackets on books. 1013.14 Sound recordings. 1013.15 Multi-part works. <!-- PageFooter="[1984]" --> ☒ <!-- PageBreak --> <!-- PageHeader="Chapter 1000 NOTICE OF COPYRIGHT Outline of Topics" --> 1014 Handwritten, typewritten, or rubber-stamped copy- right notice on published copies or phonorecords. 1015 Legibility of copyright notice. 1016 Microscopic copyright notice. 1017 Concealed copyright notice. 1017.01 Notice visible upon ordinary use. 1018 Copyright notice: reverses. 1019 Notice of renewal copyright. 1020 Notices extraneous to the claim being registered. [1984] <!-- PageBreak --> ☒ <!-- PageBreak --> # Chapter 1000 NOTICE OF COPYRIGHT 1001 Applicability of this chapter. The provisions of this chapter are applicable only to works first published on or after January 1, 1978. The Copy- right Office practices concerning the copyright notice as it relates to works first published before that date are found in Compendium I, which is still in effect for such works. 1002 Unpublished works. No notice of copyright is re- quired on unpublished works. An unpublished work which does not bear a notice of copyright will be accepted for registration. Registration will be made without correspondence by the Copyright Office for an unpublished work which bears a notice of copyright, even though the notice may be defective if used on the work when published. 1003 Published works. As a general rule whenever works protected under the copyright law are published in the United States or elsewhere by authority of the copyright owner, the notice of copyright prescribed by the law should appear on all publicly distributed copies from which the work can be visually perceived and on all publicly distributed phonorecords of sound recordings. See 17 U.S.C. 401 (a) and 402(a). If a work is published without notice or with a fatally deficient notice by authority of the copyright owner, and if more than five years have elapsed since such publication, registration is not possible. See section 1008.01 below. 1003.01 Visually perceptible copies. A visually per- ceptible copy is one in which a work is fixed and from which such work can be visually per- ceived, either directly or with the aid of a machine or device. Examples of visually perceptible copies include books, sheet music, and photographs. Examples of works not embodied in visually perceptible form include literary, dramatic, or musical matter fixed in the re- corded sounds accompanying a motion picture or other audiovisual work or in phonorecords. When such works are published in phonorecords, no copyright notice is required for the literary, dramatic, or musical material embodied in the phonorecords. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Published works. (cont'd) 1003.02 Phonorecords. A phonorecord is a material object in which sounds, other than those accompanying a motion picture or other audio- visual work, are fixed and from which the sounds can be perceived, reproduced, or other- wise communicated, either directly or with the aid of a machine or device. Examples include disks, open reels, cassettes, and cartridges. If the sound recording is protected by copy- right, the appropriate notice for a sound recording should be used. See 17 U.S.C. 101, for the definition of sound recordings; see also section 1004.02 of this chapter. 1003.03 Contributions to collective works. A separate contribution to a collective work may bear its own notice of copyright, or a single notice applicable to the collective work as a whole may be sufficient for the separate contribu- tions it contains but not including advertise- ments inserted on behalf of persons other than the owner of copyright in the collective work. See 17 U.S.C. 404 (a). A collective work is one in which a number of separate and independent works are assembled into a collective whole, such as a periodical issue, anthology, or encyclopedia. 1004 Form of the copyright notice. The form of the notice is prescribed by the copyright law. 1004.01 Visually perceptible copies. For visually perceptible copies the notice of copyright shall consist of: 1) the symbol @ (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr.," 2) the year of first publication of the work, and 3) the name of the owner of copyright in the work, or an abbrevia- tion by which the name can be recognized, or a generally known alternative designation of the owner. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying text matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful articles. See 17 U.S.C. 401 (b). <!-- PageFooter="[1984]" --> ☒ <!-- PageBreak --> Form of the copyright notice. 1004.02 Phonorecords of sound recordings. For phono- records of sound recordings the notice shall consist of: 1) the symbol @ (the letter P in a circle), 2) the year date of first publication of the sound recording, and 3) the name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner; if the producer of the sound recording is named on the phono- record labels or containers, and if no other name appears in conjunction with the notice, the producer's name shall be considered a part of the notice. See 17 U.S.C. 402 (b) . 1004.03 Special provision concerning U. S. Govern- ment works. In the case of a work published in copies or phonorecords and consisting pre- ponderently of one or more works of the United States Government, the notice of copyright shall also include a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under title 17. 17 U.S.C. 403. If such a limitation is not reflected on the application for registration, the Copyright Office may request the applicant to amend the application. The absence of the statement on the copies or phonorecords, when required, will be considered an omission of notice. See section 1008 of this chapter; see also the definition of a "work of the United States Government" in 17 U.S.C. 101. 1004.04 Limitations in juxtaposition to the copyright notice. Even though a claim to copyright, as shown in the application, is limited to a portion of the work (such as new matter), the notice need not specify such a limitation. Where the copyright claim covers less than the entire work, a general notice, e.g., "@ 1981 John Doe," is sufficient. Where a statement in juxtaposition to the notice limits the claim to portions or features of the work that are copyrightable, the notice <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Form of the copyright notice. (cont'd) 1004.04 Limitations in juxtaposition to the copyright notice. (cont'd) is sufficient, e.g., "Introduction and Illustrations Copyright 1981 by Popular Publishing Co., " or "Arrangement Copyright 1981 by Newstyle Music Co.". If such limita- tions are not reflected on the application for registration, the Copyright Office will corres- pond to establish the extent of the claim and to have the application amended, if necessary. If the limitation is incorrect, the Copyright Office will annotate the application as follows: "On copyright deposit: [quote statement on deposit]. Application correct; see corres- pondence file." 1004.05 Restricted notice. Even though a statement in juxtaposition to the notice refers only to noncopyrightable matter, the claim will be registered if the application clearly shows that the claim is based on copyrightable subject matter. The same is true where the position of the copyright notice itself indi- cates restriction of the claim to a noncopy- rightable element. In such cases the Copyright Office will send a cautionary letter. If the application does not clearly refer to copy- rightable subject matter, the Copyright Office may either refuse registration or, in appro- priate cases, correspond to determine the basis of the claim. For works published before January 1, 1978, however, see topic 4.4.4.II.b of Compendium I. 1005 Variants of word, symbol, or abbreviation. Unacceptable variants of the symbol @ or the word "Copyright, " or of the abbreviation "Copr.," will be treated as an omission of notice. See section 1008 of this chapter. An acceptable variant will be treated as if the correct symbol, word, or abbreviation appeared as a part of the notice. NOTE: In the case of an acceptable variant of the symbols @ or Ø, where registration is sought more than five years after first publication, the claim will be registered under the rule of doubt. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-5" --> 1005 Variants of word, symbol, or abbreviation. (cont'd) 1005.01 Visually perceptible copies. The notice on visually perceptible copies should include the symbol @ (the letter C in a circle), or the word "Copyright, " or the abbreviation "Copr." 17 U.S.C. 401 (b) (1). 1005.01 (a) A misspelled or variant form of "Copyright" or "Copr." may be accepted if it is clear that copyright is meant. Examples of variants which are acceptable : 1\) Copyrighted 2\) Copywrite 3 ) Copywritten 4\) Copyright Pending 5\) Copyright Applied For 6\) Copyright and Registered 7\) Registered U. S. Copyright Office 8\) Copy . 9\) Copyr. 1005.01 (b) The term "All Rights Reserved," or the like, is not acceptable as an element of the copyright notice prescribed by U. S. law. The same is true for such statements in other languages, e.g., the Spanish "Todos los Derechos Reservados." However, the use of such terms in juxtaposition to an acceptable copyright notice will not invalidate the notice. 1005.01 (c) A variant of the symbol @ is accepted only where it resembles the @ closely enough to indicate clearly that the copyright symbol is meant. Acceptable variants include: 1\) @ 2\) C 3\) (c 4\) c) 5\) @ 6\) (c) <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-6" --> 1005 Variants of word, symbol, or abbreviation. (cont'd) 1005.01 Visually perceptible copies. (cont'd) 1005.01(c) ( cont'd) Unacceptable variants include : 1) co 2) C 3) c/O 4) a 5) Co 6) LC ☒ 7) [c] 1005.02 Phonorecords of sound recordings. The notice on phonorecords of sound recordings should include the symbol ® (the letter P in a circle) . A variant of the symbol @ is acceptable only where it resembles the @ closely enough to indicate clearly that the sound recording copyright symbol is meant. Acceptable variants include: 1) ₱ 2) P 3) (P 4) P) 5) P 6) (P) Unacceptable variants include: 1) P 2) P 3) [P] 4) @, or any variant form of the standard copyright symbol 5) "Copyright, " "Copr.," or any variant thereof 6) Audible notices 1006 Year date in the copyright notice. As a general rule the copyright notice both for copies (17 U.S.C. 401 (b) (2)) and for phonorecords of sound recordings (17 U.S.C. 402(b) (2) ) must include the year of first publication of the work. The notice on copies of a compilation or derivative work incorporating [1984] ☒ ☒ <!-- PageBreak --> 1000-7 1006 Year date in the copyright notice. (cont'd) previously published material requires only the year date of first publication of the compilation or derivative work. 17 U.S.C. 401(b) (2). The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying text, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful articles. 17 U.S.C. 101 and 401 (b) (2). NOTE: A label is not considered a useful article, from which the year date may be omitted. Those textiles and fabrics which are useful articles do not require a year date; however, where a copyright notice applicable to a textile or a fabric which is a useful article is contained on a label affixed to the textile or fabric, and the year date is omitted from the notice, such notice shall be acceptable insofar as it applies to the textile or fabric. See section 1013.11(4) (iii) below. 1006.01 Form of year date. A year date is acceptable in any of the following forms: 1) Arabic numerals, e.g., 1981; 2) abbreviations of Arabic numerals, e.g., '81; 3) Roman numerals e. g., MCMLXXXI; 4) spelled out in words instead of numerals, e.g., Nineteen Hundred Eighty-One. 1006.02 Omitted where required. Where copies or phono- records publicly distributed by authority of the copyright owner contain no date that could reasonably be regarded as a part of the notice, the work is considered to have been published without any notice. 17 U.S.C. 405; see also section 1008 of this chapter. 1006.03 Earlier than year of publication (antedated). Where the year date in the notice on copies or phonorecords is earlier than the year in which publication first occurred ( see section 1010 of this chapter), it is considered to be an error in date governed by 17 U.S.C. 406 (b). The application will be annotated to indicate the date in the notice. A warning letter may be sent to the applicant pointing out the error in date and the consequences it may <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="1000-8" --> 1006 Year date in the copyright notice. (cont'd) 1006.03 Earlier than year of publication (antedated. (cont'd) have. These rules apply equally to those works which do not require a year date in the notice but which contain a year date earlier than the year in which first publi- cation occurred. 1006.04 Later than year of publication (postdated). Where the year date in the notice on copies or phonorecords is no more than one year later that the year in which publication first occurred, the claim will be registered without annotation or correspondence. Where the year is more than one year later than the year in which publication first occurred, the work is considered to have been published without any notice under 17 U.S.C. 406(c) and is governed by 17 U.S.C. 405. See section 1008 of this chapter. Thus, if the application is submitted within five years of first publication, the claim will be registered without annotation; however, a warning letter will be sent. If registration is requested after five years measured from the date of first publication, registration will be refused. These rules apply equally to those works which do not require a year date in the notice, but which contain a year date which is later than the year in which first publication occurred. 17 U.S.C. 401(b) (2); see also section 1010 of this chapter. 1006.05 Dispersed notice: year date. The elements of notice, including the year date when required, should preferably appear together as a single continuous statement, e.g., @ 1981 ABC Corporation. However, a year date that is present but separated from the rest of the notice is acceptable if it is an appropriate date and is reasonably identi- fiable as part of the notice. Such a year date is clearly acceptable if it is the <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-9" --> 1006 Year date in the copyright notice. (cont'd) 1006.05 Dispersed notice: year date. (cont'd) only one appearing on the same page as the other elements. Also, an appropriate year date prominently displayed elsewhere than on the same page as the other elements is acceptable, if it can reasonably be con- sidered part of the notice. Examples of acceptable year dates include the year date in the Library of Congress Catalog Card Number and the year in the issue date on a periodical. The presence of intervening matter need not necessarily preclude con- sidering a year date a part of the notice. In those cases where a year date is required and no year date can be reasonably identi- fied as part of the notice, the work will be considered to have been published without notice and will be governed by 17 U.S.C. 405. See section 1008 of this chapter; see also section 1011.01 concerning separated names. 1006.06 More than one year date in notice. A notice may sometimes contain, in addition to the year date of first publication of the version being registered, earlier year dates indicating an earlier unpublished registration, or the presence of previously published matter in the work; or they might signify nothing. Where there is more than one year date in the notice and none of them is the year date of first publication, the Copyright Office will dis- regard, for purposes of determining the adequacy of the notice, all but the most recent date. 1007 Name in copyright notice. As a general rule the copyright notice for both copies and phonorecords of sound recordings must include the name of the owner of copyright in the work, or an abbrevia- tion by which the name can be recognized, or a generally known alternative designation of the owner. 17 U.S.C. 401(b) (3) and 402 (b) (3). Ordi- narily, the Copyright Office will not question a name appearing as part of the notice, if it appears sufficient to identify the owner of copyright. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-10" --> Name in copyright notice. (cont'd) 1007.01 Name as claimant on application. The copyright "claimant" for registration purposes is the author of the work for which registration is sought, or a person or organization that has obtained ownership of all rights under the copyright initially belonging to the author. See 37 C.F.R. 202.3(a) (3). The names given in the notice as owner of copyright and in the application as claimant may be completely different and yet both may be correct. The Copyright Office will ordinarily not question an application unless information from the copies or phonorecords, from the application, or from other sources indicates that the name given as claimant on the application may not be the owner of copyright or the author. 1007.02 Sound recordings: presumption as to producer's name in notice. If the producer of a sound recording is named on the phonorecord labels or containers, and if no other name appears in conjunction with the notice, the producer's name shall be considered as part of the notice. 17 U.S.C. 402(b) (3). The producer need not be identified as producer on the labels or containers. Example : On left side of the label on a 45 rpm disk: ® 1981 On the right side of the label: Doe Recording Company Produced and arranged by Jay Jones Along the bottom of the label : Mfg. by Doe Recording Co. Application names Doe Recording Co. as author by virtue of being the employer in a work made for hire. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Name in copyright notice. (cont'd) 1007.02 Sound recordings: presumption as to producer's name in notice. (cont'd) Example: (cont'd) There is no name that could reasonably be considered a part of the notice; therefore, the producer presumption applies. Since Doe Recording Co. is an employer in a work made for hire, it would be considered the producer and its name would be considered as a part of the notice. 1007.03 Abbreviation or alternative designation. The statute permits the use of an abbreviation by which the copyright owner can be recognized or a generally known alternative designation. 17 U.S.C. 401 (b) (3) and 402(b) (3). In such a case, the application should give the legal name of the claimant, and preferably should specify the relationship between the name and what appears in the notice. A generally known alternative designation may be either part of the full name, e.g., "Atlantic" for Atlantic Recording Corporation, or a completely differ- ent name, e.g., "Melodium" for Genius Recording Co., or well known initials, e.g., "NBC" for National Broadcasting Company. An abbreviation by which the name of the copyright owner can be recognized should generally include an abbrevi- ated part of each significant word in the full name, e.g., "Merc. Rec." for Mercury Records Corporation. If what is in the notice reasonably appears to identify the copyright owner to those likely to come in contact with distributed copies or phonorecords, the notice will be considered acceptable. If this is not the case, the same action is taken as where there is no name in the notice. See section 1011 of this chapter. 1007.04 Unacceptable variants of name, abbreviation, or alternative designation. Where the name, abbreviation of the name, or an alternative designation of the owner in the notice is so <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## 1000-12 1007 Name in copyright notice. (cont'd) 1007.04 Unacceptable variants of name, abbreviation, or alternative designation. (cont'd) vague, truncated, or ambiguous that it could not be considered to identify any person or entity as an owner of the copyright, the same action is taken as when no name appears in the notice. See 17 U.S.C. 406(c); see also section 1011 of this chapter. 1007.05 Pseudonym in notice. A pseudonym is a fictitious or assumed name. Where the name appearing in the copyright notice is known to be a pseudonym, the Copyright Office will inquire as to whether or not the individual is generally known by that name. Where the individual is generally known by the pseudonym appearing in the notice, the copyright notice will be considered accept- able. Where, however, the individual is not generally known by the name in the notice, the work will be treated as being published with no name in the notice. See section 1011 below. 1007.06 Deceased person named in notice at time of publication. Where the Copyright Office has knowledge that the person named in the notice died before publication of the work, the same action is taken as when there is an error in the name in the notice. 17 U.S.C. 406 (a) ; see section 1009 of this chapter. 1007.07 Identity by reference. See section 1011 of this chapter. 1007.08 Additional names in notice. Ordinarily, where two or more names appear in the notice, but only one is given as claimant in the appli- cation, the claim will be accepted for regis- tration without correspondence. 1007.09 Separated name. See section 1011 of this chapter . <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-13" --> 1008 Omission of copyright notice. Where the notice is omitted from more than a relatively small number of copies or phonorecords distributed by authority of the copyright owner, and registration is being made within five years of the date of publication without notice, the Copyright Office may warn that the law requires, in addition to registration, that a reasonable effort must be made to add the notice to all copies or phonorecords that are distributed to the public in the United States after the omission has been discovered. See 17 U.S.C. 405 (a). 1008.01 Registration. Registration is not possible for works published without notice or with a fatally deficient notice by authority of the copyright owner, if more than five years have elapsed since such publication. There are, however two exceptions to this general rule: 1\) where the notice has been omitted from no more than a relatively small number of copies or phonorecords distributed to the public; or 2\) where the notice has been omitted in vio- lation of an express requirement in writing that, as a condition of the copyright owner's authorization of the public distribution of copies or phonorecords, they contain the prescribed copyright notice. In these two instances, there is no need for registration to correct the omission. Registration in these cases may be made at any time during the subsistence of the copyright. See 17 U.S.C. 405 (a). 1009 Error in name. Where the person named in the copy- right notice on copies or phonorecords publicly distributed by authority of the copyright owner is not the owner of copyright, the validity and ownership of the copyright are not affected. See 17 U.S.C. 406(a). In such cases, therefore, registration can be made for the work at any time during the subsistence of the copyright, naming as claimant the owner of copyright at the time of registration. See 37 C.F.R. 202.03 (a) (ii), and section 1007.01 of this chapter. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-14" --> 1010 Error in date. Where the year date is required, the notice of copyright should contain the year of first publication of the work. See 17 U.S.C. 401(b) (2) and 402(b)(2). The notice provisions of these sections apply to all copies or phono- records publicly distributed on or after January 1, 1978. See section 108 of the Transitional and Supplementary Provisions of the current Act. For works which were registered as unpublished before January 1, 1978, and first published after that date, the copyright notice should contain the year date in which copyright was secured by registration in unpublished form. See also Chapter 900: PUBLI- CATION. 1010.01 Earlier date. Generally, the use in the notice of a year date that is earlier than the year in which publication first occurred does not affect the validity of the copyright. See 17 U.S.C. 406 (b). However, the use of an earlier date does affect the duration of copyright for anonymous works, pseudonymous works, and works made for hire, whose copyright term is computed under 17 U.S.C. 302(c). In such cases, the term is computed from the year date appearing in the notice rather than from the actual year of first publication. See section 1006.03 of this chapter for the Copyright Office practice regarding an earlier year date in the notice. 1010.02 Later date. The use in the notice of a year date that is later than the year in which pub- lication first occurred does not result in the immediate loss of copyright. See 17 U.S.c. 406 (b). However, where the year date is more than one year later than the year in which publication first occurred, the work is con- sidered to have been published without any notice. See 17 U.S.C. 405; see also section 1006.04 of this chapter for the Copyright Office practice regarding a later year date in the notice. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1011 Omission of name or date. When copies or phono- records publicly distributed by authority of the copyright owner contain no name or no date (when required) that could reasonably be considered a part of the notice, the work is considered to have been published without any notice of copyright and is governed by 17 U.S.C. 405. See sections 1004.01 and 1008 of this chapter. 1011.01 Separated name. When copies or phonorecords contain a name, abbreviation by which the name can be recognized, or a generally known alterna- tive designation of the copyright owner, that is separated from the other elements of the notice, but that could reasonably be considered part of the notice, the notice is acceptable. Where the copies or phonorecords contain two or more names abbreviations, or alternative designa- tions that are equally identifiable with the rest of the notice, the notice is sufficient if any of the names, abbreviations, or alter- native designations is capable of identifying any person or entity as an owner of copyright. If none of the names, abbreviations, or alter- native designations is identifiable with the rest of the notice, the same action is taken as where there is an omission of the copyright notice. 17 U.S.C. 406 (c). See section 1008 of this chapter. 1011.02 Separated date. See section 1006.05 of this chapter. 1011.03 Identity by reference. A notice that identi- fies the copyright owner by reference, such as, for example, "Copyright by author, " or "Copy- right by the publisher, " is considered accept- able by the Copyright Office, if the copies or phonorecords contain a name, abbreviation, or a generally known designation which is identified by the reference as the author, publisher, or other referenced person or legal entity. If no such name, abbreviation, or generally known designation can be identified on the copies or phonorecords, the same action is taken as where there is an omission of the copyright notice. 17 U.S.C. 406(c) and 405. See section 1008 of this chapter. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1000-16 1012 Publication incorporating United States Government works. Whenever a work is published in copies or phonorecords consisting preponderantly of one or more works of the United States Government, the notice of copyright shall also include a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under title 17, United States Code. See 17 U.S.C. 403. The absence of the required statement is treated as an omission of notice. See 17 U.S.C. 405 and section 1008 of this chapter. 1013 Affixation and position of the copyright notice. The law states that the notice shall be affixed on publicly distributed copies and phonorecords in such manner and location as to give reasonable notice of the claim to copyright. 17 U.S.c. 401(c) and 402(c). The law directs the Register of Copy- rights to prescribe by regulation, as examples, specific methods of affixation and positions of the notice on various types of works that will satisfy this requirement as to copies. These specifications are not to be considered exhaustive. In all cases, the acceptability of a notice depends upon its being permanently legible to an ordinary user of the work, and affixed to the copies in such manner and position that it is not concealed from view upon reasonable examination. 1013.01 Copies. Where, in a particular case, a notice appears in a place on the work other than one of the precise locations prescribed by regula- tion for copies, but the Copyright Office con- siders that a person looking in one of those precise locations would be reasonably certain to find the notice, that notice will be acceptable. 1013.02 Phonorecords. For phonorecords of sound recordings, the law states that the notice must be placed on the surface of the phono- record, or on the phonorecord label or con- tainer, in such manner and location as to give reasonable notice of the claim to copyright. See 17 U.S.C. 402 (c). [1984] ☒ ☒ <!-- PageBreak --> <!-- PageHeader="1000-17" --> 1013 Affixation and position of the copyright notice. (cont'd) 1013.03 Notice not properly affixed. A notice not affixed to copies or phonorecords in such manner and location as to give reasonable notice of the claim to copyright is treated as an omission of notice. 17 U.S.C. 405. See section 1008 of this chapter. 1013.04 Works published in book form. In the case of works published in book form, a notice repro- duced on the copies in any of the following positions is acceptable. 1\) The title page, if any; 2\) The page immediately following the title page, if any; 3\) Either side of the front cover, if any; or, if there is no front cover, either side of the front leaf of the copies ; 4\) Either side of the back cover, if any; or, if there is no back cover, either side of the back leaf of the copies; 5\) The first page of the main body of the work; 6\) The last page of the main body of the work; 7\) Any page between the front page and the first page of the main body of the work, if: (i) there are no more than ten pages between the front page and the first page of the main body of the work; and (ii) the notice is reproduced prominently and is set apart from the other matter on the page where it appears; 8\) Any page between the last page of the main body of the work and back page, if: (i) there are no more than ten pages between the last page of the main body of the work <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-18" --> ### Affixation and position of the copyright notice (cont'd) 1013.04 Works published in book form. (cont'd) 8) (cont'd) and the back page; and (ii) the notice is reproduced prominently and is set apart from the other matter on the page where it appears. As used in connection with the position of the notice, the term "leaf" means a sheet of paper or the like, which may exist as a separate item or as a part of a book or similar publication. A "page" is a single side of a leaf. 1013.05 Periodicals or other serials. In the case of a work published as an issue of a periodical or other serial, in addition to any of the loca- tions acceptable for works published in book form ( see section 1013.04 of this chapter), a notice is acceptable if it is located 1) as part of, or adjacent to, the masthead, or on the page containing the masthead; or 2) adjacent to a prominent heading, appearing at or near the front of the issue, containing the title of the periodical or other serial and any combination of the volume and issue number and date of the issue. 1013.06 Musical works. In the case of a musical work published in visually perceptible copies, in addition to any of the locations acceptable for works published in book form or as a periodical or other serial (see sections 1013.04 and 1013.05 of this chapter), a notice is accept- able if it is located on the first page of music. 1013.07 Single-leaf works. In the case of single-leaf works, a notice reproduced on the copies any- where on the front or back of the leaf is acceptable. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## 1000-19 1013 Affixation and position of the copyright notice. 1013.08 (cont'd) Contributions to collective works. For a separate contribution to a collective work to be considered to "bear its own notice of copyright," as provided by 17 U.S.C. 404, a notice reproduced on the copies in any of the following positions is acceptable: 1) Where the separate contribution is repro- duced on a single page, a notice is accept- able if it appears: i) under the title of the contribution on that page; ii) adjacent to the contribution; or iii) on the same page, if through format, wording, or both, the application of the notice to the par- ticular contribution is made clear ; 2) Where the separate contribution is repro- duced on more than one page of the collec- tive work, a notice is acceptable if it appears: i) under a title appearing at or near the beginning of the contribution; ii) on the first page of the main body of the contribution; iii) immediately following the end of the contribution; or iv) on any of the pages where the contribution appears, if: i) the contribution is reproduced on no more than 20 pages of the collective work; ii) the notice is reproduced prominently and is set apart from other matter on the page where it appears; and iii) through format, wording, or both, the application of the notice to the particular contribu- tion is made clear. 1013.08 (a) Musical work. Where the separate contri- bution is a musical work, in addition to any of the locations listed above in para- graphs 1 and 2, a notice is acceptable if it is located on the first page of music of the contribution. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## 1000-20 1013 Affixation and position of the copyright notice. (cont'd) 1013.08 Contributions to collective works. (cont'd) 1013.08 (b) Alternative position. As an alternative to placing the notice on one of the pages where a separate contribution itself appears, the contribution is considered to "bear its own notice" if the notice appears clearly in juxtaposition with a separate listing of the contribution by full title and author, and is located either: i) on the page bearing the copyright notice for the col- lective work as a whole, if any; or ii) in a clearly identified and readily accessible table of contents or listing of acknowl- edgments appearing near the front or back of the collective work as a whole. 1013.09 Works reproduced in machine-readable copies. For works reproduced in machine-readable copies, such as magnetic tapes or disks, punched cards, or the like, from which the work cannot ordi- narily be visually perceived except with the aid of a machine or device, each of the following constitute examples of acceptable methods of affixation and position of the notice: 1) A notice embodied in the copies in machine-readable form in such manner that on visually perceptible printouts it appears either with or near the title, or at the end of the work; 2 ) A notice that is displayed at the user's terminal at sign-on; 3) A notice that is continuously on terminal display; or 4) A legible notice reproduced durably, so as to withstand normal use, on a gummed or other label securely affixed to the copies or to a box, reel, cartridge, cassette, or other container used as a permanent recep- tacle for the copies. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-21" --> 1013 Affixation and position of the copyright notice. (cont'd) 1013.09 Works reproduced in machine-readable copies. (cont'd) Works published in a form requiring the use of a machine or device for purposes of optical enlargement, such as film, filmstrips, slide films, and works published in any variety of microform, and works published in any visually perceptible form but used in connection with optical scanning devices, are not within this category. See also section 1017 below. 1013.10 Motion pictures and other audiovisual works. The following constitute examples of acceptable methods of affixation and positions of the copyright notice on motion pictures and other audiovisual works: 1\) A notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordinarily would appear whenever the work is performed in its entirety, and that is located: (i) with or near the title; (ii) with the cast, credits, and similar information; (iii) at or immediately following the beginning of the work; or (iv) at or immediately pre- ceding the end of the work. 2\) In the case of an untitled motion picture or other audiovisual work whose duration is sixty seconds or less, in addition to any of the locations listed in paragraph (1) above, a notice that is embodied in the copies by a photomechanical or electronic process, in such a position that it ordi- narily would appear to the projectionist or broadcaster when preparing the work for performance is acceptable if it is located on the leader of the film or tape immedia- tely preceding the beginning of the work. <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> 1013 Affixation and position of the copyright notice. (cont'd) 1013.10 Motion pictures and other audiovisual works. (cont'd) 3\) In the case of a motion picture or other audiovisual work that is distributed to the public for private use, the notice may be affixed, in addition to the locations specified in paragraph (1) above, on the housing or container, if it is a permanent receptacle for the work. See 37 C.F.R. 201.20 (h). 1013.11 Pictorial, graphic, and sculptural works. The following constitute examples of acceptable methods of affixation and positions of the copyright notice on various forms of pictorial, graphic, and sculptural works : 1\) Where a work is reproduced in two-dimensional copies, a notice affixed directly or by means of a label cemented, sewn, or otherwise attached durably, so as to withstand normal use, on the front or back of the copies, or to any backing, mounting, matting, framing, or other material to which the copies are durably attached, so as to withstand normal use, or in which they are permanently housed, is acceptable. 2\) Where a work is reproduced in three- dimensional copies, a notice affixed directly or by means of a label cemented, sewn, or otherwise attached durably, so as to withstand normal use, to any visible portion of the work, or to any base, mounting, framing, or other material on which the copies are durably attached, so as to withstand normal use, or in which they are permanently housed, is accept- able. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-23" --> Affixation and position of the copyright notice. (cont'd) 1013.11 Pictorial, graphic, and sculptural works. (cont'd) 3\) Where, because of the size or physical characteristics of the material in which the work is reproduced in copies, it is impossible or extremely impractical to affix a notice to the copies directly or by means of a durable label, a notice is acceptable if it appears on a tag that is of durable material, so as to withstand normal use, and that is attached to the copy with sufficient durability that it will remain with the copy while it is passing through its normal channels of commerce. 4\) Where a work is reproduced in copies con- sisting of sheet-like or strip material bearing multiple or continuous reproduc- tions of the work, the notice may be applied: (i) to the reproduction itself; (ii) to the margin, selvage, or reverse side of the material at frequent and regular intervals; or (iii) if the material contains neither a selvage nor a reverse side, to tags or labels, attached to the copies and to any spools, reels, or con- tainers housing them in such a way that a notice is visible while the copies are passing through their normal channels of commerce. See 37 C.F.R. 201.20 (i) (1-4). 1013.12 Separable parts published in permanent container. If the work is permanently housed in a container such as a game or puzzle box, a notice reproduced on the permanent container is acceptable. 37 C.F.R. 201.20 (i) (5). <!-- PageFooter="[1984]" --> <!-- PageBreak --> Affixation and position of the copyright notice. (cont'd) 1013.13 Dust jackets on books. A notice of copyright on the dust jacket of a book is not acceptable as notice for the book, since the dust jacket is not permanently attached to the book. Also, a notice of copyright appearing in a book, even though referring to a dust jacket or material appearing on a dust jacket, is not acceptable as notice for the dust jacket or any material appearing on that dust jacket. These cases will be treated as omissions of notice. See 17 U.S.C. 405, and section 1008 of this chapter. 1013.14 Sound recordings. In general, in the case of sound recordings the notice should be placed on the surface of the phonorecord, or on the phonorecord label or container. 17 U.S.c. 402 (c). As a rule, a notice anywhere on the surface of the phonorecord, the label, or a container will be acceptable. A container includes the jacket housing a disk or the box housing a reel-to-reel tape, a cartridge, or a cassette, but does not include an outer mailing or packaging box, envelope, or other wrapper intended for disposal once the phonorecord is put into use. 1013.15 Multi-part works. One notice per unit of pub- lication is adequate for both copies or phono- records, provided that a proper notice is used and that it is affixed in a manner and location that gives reasonable notice of the claim to copyright in the entire unit of publication. For example: for a phonorecord a notice on the first disk of a 12-disk collection is accept- able, but a notice only on the middle disk of a 12-disk collection is not acceptable; for music a notice properly positioned on the score of a unit consisting of a score and parts is accept- able for the entire unit, but a notice only on one or more of the parts is not acceptable for the unit; for a multimedia kit, a notice on the permanent container or box in which it is housed is acceptable. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-25" --> Handwritten, typewritten, or rubber-stamped copy- right notice on published copies or phonorecords. Where such notice appears on deposited copies or phonorecords, the Copyright Office will not ques- tion the notice, if registration is sought within five years of first publication. However, where registration of a claim to copyright is sought more than five years after the date of first publica- tion, the Copyright Office will correspond to determine whether such notice appeared on the copies or phonorecords as published earlier. 1015 1016 Legibility of copyright notice. A blurred notice will be acceptable if it is legible. But a notice so badly blurred as to be illegible will be treated as an omission of notice. See 17 U.S.c. 405 and section 1008 of this chapter. Microscopic copyright notice. In general, a notice so small that it cannot be read without a magnifying glass is considered unacceptable, and the claim will be treated as if publication of the work had occurred without notice. See 17 U.S.C. 405 and section 1008 of this chapter. Where, however, the work itself requires magnification for its ordinary use, e.g., a microfilm, microcard, or motion picture film, a notice that is readable when so magnified is acceptable. 1017 Concealed copyright notice. A notice which is permanently covered up so that it cannot be seen without tearing the work apart is considered unacceptable, and the claim will be treated as if publication of the work had occurred without notice. See 17 U.S.C. 405 and section 1008 of this chapter. Examples : 1\) A notice which the Copyright Office is told is on the margin or back of a painting but which is concealed under a permanent frame or mat. 2\) A notice which the Copyright Office is told is on the bottom of a figurine cemented on a base that conceals the notice. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-26" --> 1017 Concealed copyright notice. (cont'd) Examples : (cont'd) 3\) A notice on a print used for a calendar, with the calendar pad securely pasted down over the notice. NOTE: The acceptability of a notice depends upon its being permanently legible to an ordinary user of the work under normal conditions of use, and affixed to the copies in such manner and position that, when affixed, it is not concealed from view upon reasonable examination. 1017.01 Notice visible upon ordinary use. A notice which, though not visible on casual inspection of the work, becomes visible upon ordinary use of the work is acceptable. Examples : 1\) A revolving set of disks on which the notice ( as well as some or all of the copyright matter) is concealed when the disks are in starting position, but is revealed upon their manipulation as directed. 2 ) A print used for a calendar, with a calendar pad suspended over the notice which is seen when the pad is lifted. 1018 Copyright notice: reverses. Where the deposited work, such as a mold or decal, is the reverse of the product that is intended to result from its use, the notice is acceptable even though printed in reverse. 1019 Notice of renewal copyright. The copyright law does not provide for a special or additional copy- right notice for published works that are in their renewal term. Thus, the continued use of the original form of notice on the publicly distributed copies of published works in their renewal term is considered sufficient to maintain the validity of <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1000-27" --> 1019 Notice of renewal copyright. (cont'd) the copyright in such works. However, a notice which also refers to the fact of renewal may be used. Such a notice might read as follows : Copyright 1953 by John Doe Copyright renewed by Mrs. Mary Doe Notices extraneous to the claim being registered. The Copyright Office will generally disregard and refrain from commenting upon copyright notices having no relationship to the claim for which registration is being made. [END OF CHAPTER 1000] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageBreak --> <!-- PageHeader="Chapter 1100" --> # ELIGIBILITY ## Outline of Topics 1101 ### Applicability of this chapter. 1101.01 Sound recordings. 1102 Definitions. 1102.01 Author. 1102.02 Domicile. 1102.03 First publication. 1102.04 National. 1102.05 Producer of phonograms. 1102.06 Sovereign authority of a foreign nation. 1102.07 Stateless. 1102.08 United States. 1102.09 Universal Copyright Convention. 1103 ### Statutory provisions. 1103.01 Unpublished works. 1103.02 Published works. 1103.03 Copyright law extended to certain terri- tories. 1104 Multilateral copyright treaties to which the United States is a party. 1104.01 Mexico City Convention of 1902. 1104.02 Buenos Aires Convention of 1910. 1104.03 Universal Copyright Convention. 1104.04 Phonogram Convention. 1105 Presidential proclamations. 1105.01 Proclamations issued under the current Act. 1105.02 Continuance of earlier proclamations. 1105.03 Coverage of earlier proclamations. 1106 Existence of copyright relations unclear. 1107 Copyright Office policy. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 1100 ELIGIBILITY Outline of Topics" --> 1108 Authors: particular situations. 1108.01 More than one author. 1108.02 More than one nationality. 1108.03 Work made for hire. 1108.04 Nationality and domicile of corporations and similar organizations. 1108.05 Compilations and derivative works. 1108.06 Stateless. 1108.07 United States 1108.08 Territorial areas of the United States. 1108.09 Anonymous and pseudonymous works. 1108.10 First publication after death of author. 1109 Time when eligibility is determined. 1109.01 Registered as unpublished: ineligible when published. 1109.02 Change in nationality or domicile after publi- cation. 1109.03 Works distributed only in the form of phono- records before 1978. 1110 Acceptable statements of nationality, domicile, and nation of first publication. 1111 Some general examples illustrating basic principles. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 1100 ELIGIBILITY" --> 1101 Applicability of this chapter. This chapter concerns the registrability of works under the provisions of the copyright law relating to national origin. This chapter is applicable to unpublished works, whenever created, and to works published on or after January 1, 1978. Compendium I should be consulted for an explana- tion of practices concerning eligibility for works, other than sound recordings, published before January 1, 1978. 1101.01 Sound recordings. In general, this chapter applies to sound recordings as well as to other works. However, sound recordings whose eligibility for U.S. copyright protection depends solely upon the provisions of the Universal Copyright Convention (UCC) are not registrable. Regarding the UCC, see sections 1102.09 and 1104.03 below. 1102 Definitions. The following are definitions of terms used in this chapter. 1102.01 Author. The "author" is the person who prepared the material covered by the copy- right claim except that in the case of a work made for hire, the employer or other person for whom the work was prepared, is considered to be the author. Thus, where a work is made for hire, it is the nation- ality or domicile of the employer or other person for whom the work was prepared, rather than the nationality or domicile of the employee, which may serve as a basis for determining eligibility for registration. 1102.02 Domicile. "Domicile" is the place where a person has a fixed and permanent residence with an intention to continue that residence for an unlimited time and to which such person, whenever absent, has the intention of returning. Mere residence is not the equivalent of "domicile," and therefore cannot serve as a basis for determining eligibility. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1100-2" --> 1102 Definitions. (cont'd) 1102.03 First publication. The date of "first publication" is the earliest date on which, by authority of the copyright owner, (a) copies or phonorecords of a work are dis- tributed to the public by sale or other transfer of ownership, or by rental, lease, or lending, or (b) an offer is made to distribute copies or phonorecords to a group of persons for further distribution, public performance, or public display. If a work is first published on the same date in more than one country, ordinarily the application for registration may give the name of any such country as the nation of first publication of the work. However, if one of the countries is the United States, the application should give "United States" as the nation of first publication. The Copyright Office will generally not ques- tion a statement in an application giving, as the nation of first publication, a country which is one of those where first publication provides a basis for eligibi- lity, even though the Office is informed that the work was also first published on the same date in one or more other coun- tries where first publication would not offer a basis for eligibility. 1102.04 National. In general, the term "national" means (a) a citizen of a nation, or (b) a person who, although not a citizen, never- theless owes permanent allegiance to a nation. Citizens of the United States are those persons who are citizens in accor- dance with the U.S. Constitution or Federal statutes, including persons born in Guam, the U.S. Virgin Islands, and Puerto Rico; certain persons are by Federal statute nationals but not citizens of the United States, including persons born in the out- lying possessions of the United States; in addition, all U.S. citizens are also nationals of the United States. See 8 U.S.C. 1101. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1100-3" --> 1102 Definitions. (cont'd) 1102.05~ Producer of phonograms. The "producer of a phonogram" is the person who, or the legal entity which, first fixes the sounds of a performance or other sounds. Article 1 (b), Convention for the Protection of Producers of Phonograms Against Unauthorized Dupli- cation of Their Phonograms, 25 U.S.T. 309, 325, T. I.A.S. No. 7808 (Done at Geneva Oct. 29, 1971; entered into force in the United States Mar. 10, 1974). 1102.06 Sovereign authority of a foreign nation. A "sovereign authority of a foreign nation" is a governmental agency or subdivision of a foreign nation, e.g., a ministry of the government of Norway, or a province of Canada. 1102.07 Stateless. A stateless person is a person who has no nationality, either as the result of never having acquired nationality in any nation, or as the result of having effec- tively renounced or having been deprived of his or her former nationality without having, as yet, become a national of any nation. 1102.08 United States. The "United States, " when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the juris- diction of the United States Government. 17 U.S.C. 101. 1102.08 (a) Organized territories. The "organized territories under the jurisdiction of the United States Government" are those for which the Congress has provided organic acts which serve the same purpose as do the constitutions of the States. The organized territories include Guam and the U.S. Virgin Islands. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1102 Definitions. (cont'd) 1102.08 United States. (cont'd) 1102.08 (b) Other territorial areas. Other terri- torial areas under the jurisdiction of the U.S. Government include: (a) the unorganized territories such as American Samoa, (b) trust territories such as the Trust Territory of the Pacific Islands, and (c) other posses- sions such as numerous small islands. Since the status of a number of the territorial areas which at present are not among the organized territories is in the process of being changed ( such as the status of the Northern Mariana Islands), consultation with other U.s. Government agencies or further study by the Copyright Office may be necessary when registration of a work depends upon the status of such an area. 1102.09 Universal Copyright Convention. The Uni- versal Copyright Convention (UCC) is a multilateral treaty on copyright to which the United States and a considerable number of other nations have adhered. The origi- nal version of the Convention, done at Geneva, entered into force September 16, 1955. The revised version, done at Paris, entered into force July 10, 1974. Since the United States is a party to both versions, adherence by a foreign nation to either version may serve as the basis of eligibility for protection under the provisions of the U.S. copyright law relating to national origin. See also section 1104.03 below. Concerning sound recordings, see section 1101.01 above. 1103 Statutory provisions. The following are the statutory provisions which establish eligibi- lity. If a work is eligible under any of these provisions, the fact that it fails to meet any or all of the others will not prevent regis- tration. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### Statutory provisions. (cont'd) 1103.01 Unpublished works. The work of any author, while unpublished, is eligible for regis- tration as an unpublished work without regard to such author's nationality or domicile. See 17 U.S.C. 104 (a). 1103.02 Published works. The work of any author published on or after January 1, 1978, is eligible for registration as a published work only if it meets at least one of the following conditions. 1103.02 (a) U.S. national or domiciliary. On the date of first publication, one or more of the authors is a national or domici- liary of the United States. 17 U.S.C. 104 (b) (1). 1103.02 (b) Foreign national or domiciliary. On the date of first publication, one or more authors is a national, domicili- ary, or sovereign authority of a foreign nation which is a party to a copyright treaty to which the United States is also a party. 17 U.S.C. 104 (b) (1). See section 1104 below. 1103.02 (c) Stateless person. On the date of first publication, one or more of the authors is a stateless person, wherever that person may be domiciled. 17 U.S.C. 104 (b) (1). 1103.02 (d) First publication in the United States. The work is first published in the United States. 17 U.S.C. 101 and 104 (b) (2). 1103.02 (e) First publication in a UCC country. The work is first published in a foreign nation that, on the date of first pub- lication, is a party to either the Geneva or Paris text of the Universal Copyright Convention (UCC) . 17 U.S.C. 104(2). See section 1104.03 below. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1100-6" --> ### Statutory provisions. (cont'd) 1103.02 Published works. (cont'd) 1103.02 (f) United Nations or the Organization of American States. The work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States. 17 U.S.C. 104 (b) (3). NOTE: There is no requirement, as a basis for eligibi- lity, that one of these organizations be the author, copyright claimant, or copyright owner, but only that the work be first published by one such organi- zation. 1103.02 (g) Presidential proclamation. The work comes within the scope of a Presiden- tial proclamation. 17 U.S.C. 104 (b) (4). See section 1105 below. 1103.03 Copyright law extended to certain terri- tories. The U.S. copyright law has been extended by specific statutory enactments to Guam, 48 U.S.C. 1421n; the U.S. Virgin Islands, 48 U.S.C. 1405q; and the Northern Mariana Islands, 48 U.S.C. 1681, together with the Act of Mar. 24, 1976, Pub. L. 94-241, 90 Stat. 263, and Presidential Proclamation No. 4534, 42 Fed. Reg. 56593 (1977). 1104 Multilateral copyright treaties to which the United States is a party. The following are multilateral copyright treaties to which the United States is a party. 1104.01 Mexico City Convention of 1902. This treaty was superseded by the Buenos Aires Convention of 1910 with regard to all members except El Salvador. The copyright law extends eligibility to works by nationals or domiciliaries of El Salvador through this treaty. NOTE: In addition to being a party to the Mexico City Conven- tion, effective June 30, 1908, El Salvador <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1100-7" --> 1104 Multilaterial copyright treaties to which the United States is a party. (cont'd) 1104.01 Mexico City Convention of 1902. (cont'd) also became a party to both the Geneva and the Paris texts of the Universal Copyright Convention, effective March 29, 1979, and to the Phonogram Convention, effective February 9, 1979. See sections 1104.03 and 1104.04 of this chapter. 1104.02 Buenos Aires Convention of 1910. The copy- right law extends eligibility to works by nationals or domiciliaries of nations which are parties to this treaty. Such works must satisfy all of the legal and formal requirements of title 17, U.S.C. 1104.03 Universal Copyright Convention. The copy- right law extends eligibility to works by nationals or domiciliaries of nations that are parties to this Convention, and to works first published in such nations. Member nations may be parties to the Geneva text only, or to both the Geneva and Paris texts. See section 1102.09 above. Con- cerning sound recording, see section 1101.01 above. 1104.04 Phonogram Convention. The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms provides, in Article 2 thereof, that each "Contracting State shall protect producers of phonograms who are nationals of other Contracting States . . . . " 25 U.S.T. 309, 325; T.I.A.S. No. 7808. Where the producer who is an author of a sound recording is a national of a nation that is a member of this Convention, the copyright law extends eligibility to that work. See also section 1102.05 above. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1105 Presidential proclamations. Presidential proclamations are governed by the following provisions : 1105.01 Proclamations issued under the current Act. The President of the United States may by proclamation extend U. S. copyright protec- tion to works of which one or more of the authors is, on the date of first publica- tion, a national, domiciliary, or sover- eign authority of a foreign nation as to which such proclamation has been issued, or to works which were first published in such a nation. See 17 U.S.C. 104(b) (4); see also section 104, Transitional and Supplementary Provisions of the current Act. 1105.02 Continuance of earlier proclamations. The current law provides that all proclamations issued by the President under section 1(e) or 9(b) of title 17 as it existed on Decem- ber 31, 1977, or under previous copyright statutes of the United States, shall con- tinue in force until terminated, suspended, or revised by the President. See section 104, Transitional and Supplementary Pro- visions of the current Act. 1105.03 Coverage of earlier proclamation. Presidential proclamations issued before January 1, 1978, extend eligibility only to the works of authors who were a "citizen or subject" of a proclaimed nation. Such proclamations confer no eligibility on the basis of domicile or publication in a pro- claimed nation. See 17 U.S.C. 1(e) and 9(b), as it existed on December 31, 1977; see also section 13 of the Act of March 3, 1891, 26 Stat. 1106. 1106 Existence of copyright relations unclear. In some instances the status of copyright rela- tions between the United States and a partic- ular nation is unclear. Registration will be refused in any case where eligibility depends upon the existence of copyright relations with that nation. See also section 1109 below. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1107 Copyright Office policy. In general, the nationality, domicile, or nation of first publication given by the applicant will be accepted at face value unless it is clearly inconsistent with facts stated by the applicant or with information of which the Copyright Office has knowledge. The Copyright Office generally does not attempt to settle questions of nationality or domicile. Examples : 1\) An application stating that the author is a U.S. national will be questioned where the accompanying letter indicates that he or she has applied for citizenship, but has not yet been naturalized. 2 ) An application stating that a currently prominent European statesman is domiciled in the United States will be questioned. 1108 Authors: particular situations. For published works, the nationality or domicile of the author may determine eligibility for registration. Special situations include the following: 1108.01 More than one author. The "author" whose nationality or domicile is determinative in a particular case may be the author who prepared only a portion of the material covered by the copyright claim, and this may suffice to extend eligibility to all the material covered by the claim regard- less of the nationality or domicile of the other authors. 1108.02 More than one nationality. If the author of the work covered by the copyright claim has more than one nationality and if any such nationality confers eligibility, registration can be made. 1108.03 Work made for hire. In the case of a work made for hire, it is the nationality or domicile of the employer or other person for whom the work was prepared, rather than the nationality or domicile of the employee, which may serve as a basis for determining eligibility for registration. See section 1102.01 above. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1100-10 1108 Authors: particular situations. (cont'd) 1108.04 Nationality and domicile of corporations and similar organizations. In the case of a work made for hire, where the employer or other person for whom the work was prepared is not a natural person but is an artifi- cial person or legal entity, such as a corporation or similar organization, the nationality and domicile of such an organi- zation, for copyright registration purposes, is usually considered to be that of the nation under the laws of which it was created. Thus, the nationality and domicile of a corporation should generally be stated as the United States, if it was incorporated under the law of one of the several States, under Federal law, or under the law of the District of Columbia, the Commonwealth of Puerto Rico, or those organized territories under the jurisdic- tion of the United States which have the power to create corporations. 1108.04 (a) Members. A corporation or similar organization is ordinarily considered by law to be separate and distinct from the persons who are its members or shareholders, so that the nationality or domicile of such organization may be different from that of such members or shareholders. 1108.04 (b) Doing business. A corporation may do business in a particular nation without being a national or domiciliary of that nation. 1108.05 Compilations and derivative works. The nationality or domicile of the author of the compilation or derivative work rather than the nationality or domicile of the author (s) of the preexisting material used in the work determines eligibility for registration. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## 1100-11 1108 Authors: particular situations. (cont'd) 1108.06 Stateless. A work of a stateless author is eligible regardless of the author's former or prospective nationality or domicile, and regardless of the place of first publica- tion of the work. See section 1102.07 above. 1108.07 United States. A work of a U.S. national is eligible regardless of his or her domi- cile or the place of first publication. Where an author of a work is domiciled in the United States or the work is first published in the United States, it is eligible for registration regardless of the author's nationality. See sections 1102.03, 1102.04, and 1102.08 above. 1108.08 Territorial areas of the United States. Domicile or first publication in any of the territorial areas under the jurisdiction of the U. S. Government, other than the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the orga- nized territories, does not confer eligi- bility for registration; such areas include the unorganized territories, the trust territories, and other possessions of the United States. See section 1102.08 above. However, works by domiciliaries of, or first published in, these areas may be eligible on the basis of the nationality of the author; and since U.S. nationals include persons born in the outlying possessions of the United States, eligi- bility in such cases may be conferred on this basis. See section 1102.04 above. 1108.09 Anonymous and pseudonymous works. Where eligibility depends on the nationality or domicile of the author, that information must still be given on the application for registration even though the work is anonymous or pseudonymous. However, the identity of the author does not have to be stated in such cases. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1100-12" --> ### Authors: particular situations. (cont'd) 1108.10 1109 First publication after death of author. Where a work is first published after the author's death, the Copyright Office will make registration if, at the time of death, the author's nationality or domicile would have conferred eligibility. In no case where a work is first published after the authors death can the nationality or domi- cile of the copyright claimant serve as the basis for eligibility. Time when eligibility is determined. Where eligibility must be based on the nationality or domicile of the author, it is the author's nationality or domicile and the status of the author's country on the date of first publica- tion that are determinative. See section 1108.08, above, for an exception in the case of works first published after the death of the author. 1109.01 Registered as unpublished: ineligible when published. Even though a work may have been registered as unpublished, it must be eligible at the time of first publication to be registrable as a published work. Example : The author is a national and domiciliary of Iraq, a nation with which the United States has no copyright relations. The work is registered in unpublished form. If that work is later published in a non-UCC country, and the author's citi- zenship and domicile remain unchanged, registration of the claim in the pub- lished version should be refused. 1109.02 Change in nationality or domicile after publication. If a work was eligible for registration at the time of first publica- tion on the basis of the author's nation- ality or domicile, changes in nationality or domicile occurring after that time are not determinative for this purpose. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Time when eligibility is determined. (cont'd) 1109.03 Works distributed only in the form of phonorecords before 1978. Where musical, dramatic or literary works were publicly distributed before January 1, 1978, only in the form of phonorecords, registration cannot be made for these works as published works. However, if distribution of the phonorecords continued on January 1, 1978, registration for the underlying works can be made under the current law as published works. In such cases the date of first publication is considered to be January 1, 1978, and it is the nationality or domicile of the author on that date which determines eligibility. Eligibility may also be con- ferred by the nation of publication on that date. 1110 Acceptable statements of nationality, domicile, and nation of first publication. Generally, the application for registration should desig- nate the name of the nation of which the author is a national, domiciliary, and in the case of a published work the name of the nation of first publication of the work. An application listing a territory or other political subdivi- sion, rather than the name of the nation itself, is generally not acceptable as a basis for determining registrability. However, where it is obvious, from the statement given, what the name of the nation is, the application will be accepted without correspondence. Examples of acceptable statements : England Swiss Great Britain French Wales Examples of unacceptable statements : British Protected Person Commonwealth Citizen <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1111 Some general examples illustrating basic prin- ciples. The following general examples reflect some of the principles of eligibility. 1\) A magazine article by an author who is a national and domiciliary of a nation with which the United States does not have copy- right relations either bilaterally or through an international convention, first published in the United States or in a foreign nation which is on that date a party to the Universal Copyright Conven- tion, is eligible for registration by virtue of the place of first publication. See sections 1102.09, 1103.02(d), and 1109 above. 2\) A book by an author who, on the date of first publication, is a national of a nation with which the United States has copyright relations, but is domiciled in a nation that has no copyright relations with the United States is eligible for registra- tion by virtue of the author's nationality, even if the book is first published in a nation that does not have copyright rela- tions with the United States. See sections 1102.04, 1103.02, and 1104. 3 ) A musical composition by an author who is a national of a nation with which the United States has no copyright relations, but is domiciled in a foreign nation which, on the date of first publication, has copyright relations with the United States by virtue of the Universal Copyright Convention or the Buenos Aires Convention of 1910, is eligible for registration no matter where the work is first published. See sections 1103.02 (b) and 1104.03. 4\) A musical composition is jointly authored by a lyricist who is a national and domi- ciliary of a nation with which the United States has no copyright relations and a composer who is domiciled in a nation <!-- PageFooter="[1984]" --> ☒ ☒ <!-- PageBreak --> Some general examples illustrating basic prin- ciples. (cont'd) ☒ #### 4) (cont'd) that, on the date of first publication, is a member of the Universal Copyright Conven- tion or the Buenos Aires Convention of 1910. By virtue of the domicile of the composer, the work is eligible for a regis- tration extending to all the material covered by the claim, regardless of place of first publication. See sections 1103.02 (b), 1104.03, and 1108.01. [END OF CHAPTER 1100] [1984] <!-- PageBreak --> つ <!-- PageBreak --> <!-- PageHeader="Chapter 1200" --> # MANUFACTURING PROVISIONS ## Outline of Topics 1201 ### Background information. 1201.01 Works published before January 1, 1978. 1201.02 Works published after December 31, 1977. 1201.03 Extension of ad interim copyright to full term. 1201.04 Registration of U.S. edition optional in certain cases. 1201.05 Manufacture of U.S. edition not required in certain cases. 1201.06 Ad interim registration made but no U.S. edition. 1201.07 No ad interim registration made. 1202 ### Basic requirements under current Act. 1202.01 Two-thousand copy limit. 1203 Works covered by the manufacturing requirements. 1204 Works not covered by the manufacturing require- ments. 1205 Meaning of the word "preponderantly." 1205.01 Literary material of secondary importance. 1205.02 Literary material predominant. 1205.03 Pictorial and literary material approximately equal. 1206 Meaning of the word "substantial." 1207 Copies. 1208 Manufacture in the United States. 1209 Situations where the manufacturing requirements are not applicable. 1209.01 Author not U. S. national or domiciliary. 1209.02 Author domiciled outside the United States for one year. 1209.03 Employment for hire. 1209.04 Manufacture in Canada. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 1200 Manufacturing Provisions Outline of Topics" --> \- 2 - ☒ 1210 Manufacturing processes covered. 1210.01 Copies printed from type. 1210.02 Lithographic or photoengraving process. 1210.03 Printing and binding. 1211 Manufacturing processes not covered. 1212 Entry under an Import Statement. 1212.01 Basic registration required. 1212.02 Import Statement may be issued for published or unpublished work. 1212.03 Import Statement not required. 1213 Who may request an Import Statement. 1213.01 Limit of one basic Import Statement for each work. 1214 Completion of Form IS. 1214.01 Identification of work. 1214.02 Person designated to receive Import Statement. 1214.03 Fee and contact. 1214.04 Certification. 1214.05 Registration number. 1215 New versions. ☒ [1984] ☒ <!-- PageBreak --> <!-- PageHeader="Chapter 1200 MANUFACTURING PROVISIONS" --> 1201 Background information. The provisions of this chapter deal with the requirement, as a con- dition of full copyright protection, that certain works be manufactured in the United States or Canada. 1201.01 Works published before January 1, 1978. In the case of works published before January 1, 1978, and subject to the manufacturing clause of title 17, U.S.C., as it existed on December 31, 1977, compliance with that pro- vision constitutes a condition of copyright in the United States. Works first published before January 1, 1978, in violation of such requirements are in the public domain in the United States and cannot be registered under the current Act. However, any work in which ad interim copyright under that law subsisted, or was capable of being secured, on December 31, 1977, is accorded copyright protection for the term or terms provided by section 304 of the current Act, and registration may be made under section 408 of that Act. Where applicable, and upon request, an Import Statement will be issued for such works, permitting importation of up to 2,000 copies. See section 107 of the Transitional and Supplementary Provisions of the current Act. For fuller explanation of the practices governing ad interim copyright as well as the general practices under the manufacturing clause of the Act of 1909, as amended, see Compendium I. 1201.02 Works published after December 31, 1977. In the case of works first published after December 31, 1977, the manufacturing requirements of section 601 of the current Act are applicable. Failure to comply with the manufacturing requirements may affect enjoyment of the exclusive rights of reproduction and distribution of copies, but such failure has no effect on any other exclusive rights. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1201 ## Background information. (cont'd) 1201.03 Extension of ad interim copyright to full term. The Act of 1909, as amended, pro- vided for the extension of ad interim copy- rights to full term if both of the following two conditions were met : 1) a U.S. edition was produced in compliance with the manufacturing requirements and published with the required statutory copyright notice in the United States within a five-year period computed from the date of first publication abroad, and 2) the claim in the U.S. edition was registered in the Copyright Office. If registration of the U.S. edition was sought after expiration of the five-year period, the Copyright Office would register the claim under the rule of doubt, if that U.S. edition had been manufactured and published within the five-year ad interim term. See Compendium I, Chapter 8, topic 8.4.6.II.b. 1201.04 Registration of U.S. edition optional in certain cases. For works manufactured and first published outside the United States after December 31, 1972, where ad interim registra- tion was made and a U.S. edition, substantially identical with that first published abroad, was manufactured and published with notice within the five-year term, a new registration is not required to extend the copyright to the full term. See section 107 of the Transitional and Supplementary Provisions of the current Act. If, however, the applicant desires to place on record the facts concerning the U. S. manufac- tured edition, the Copyright Office will not refuse regitration. 1201.05 Manufacture of U.S. edition not required in certain cases. Manufacture of a U.S. edition is not required for works in which ad interim copyright was subsisting or was capable of <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1201 Background information. (cont'd) 1201.05 Manufacture of U.S. edition not required in certain cases. (cont'd) being secured on December 31, 1977. See section 107, Transitional and Supplementary Provisions of the current Act. However, where a U.S. edition, substantially identical with that first published outside of the United States, was manufactured and published within the five-year term, the Copyright Office will not refuse registration. 1201.06 Ad interim registration made but no U.S. edition . With respect to works manufactured and first published abroad before December 31, 1972, for which ad interim registration was made but no U.S. edition was manufactured and published within the five-year ad interim term, no new registration is possible. 1201.07 No ad interim registration made. Any English-language book or periodical published before July 1, 1977, which was subject to the manufacturing requirements of the Act of 1909, as amended, for which ad interim registration was not made, cannot now be registered. 1202 Basic requirements under current Act. Copies of certain works consisting preponderantly of non- dramatic literary material in the English language must be manufactured in the United States or Canada in order to satisfy the manufacturing requirements of the current Act. See 17 U.S.C. 601. 1202.01 Two-thousand copy limit. If such a work has been manufactured outside the United States or Canada, importation into the United States is limited to no more than 2,000 such copies upon issuance of an Import Statement by the Copyright Office. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Works covered by the manufacturing requirements. The manufacturing requirements apply to copies of certain nondramatic literary works in the English language. Literary works are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia. See 17 U.S.C. 101. A nondramatic literary work is any literary work other than a drama. A drama is a work that tells a story by means of dialog or action and represents or gives directions for representing all or a substantial portion of a story as actually occurring rather than merely being narrated or described. See also section 431 of Chapter 400: WORKS OF THE PERFORMING ARTS AND SOUND RECORDINGS. 1204 Works not covered by the manufacturing require- ments. Dramatic, musical, pictorial, and graphic works, as well as works in languages other than English and works in the public domain in the United States, are among the works not included within the manufacturing requirements. Such works may thus be imported in unlimited quantities. Examples : 1\) The acting version of a play, although in book form, is a dramatic work, and not subject to the manufacturing requirements. 2\) ) A painting reproduced by lithographic, mezzotint, or other process, is not a nondramatic literary work, and is thus not subject to the manu- facturing requirements of the current Act. 1205 Meaning of the word "preponderantly." The manufacturing requirements apply only to works which consist "preponderantly" of nondramatic literary materials in the English language. According to H.R. Report No. 94-1476, 94th Cong., 2d Sess. 167, a work consists "prepon- derantly" of nondramatic literary material, if such material exceeds the exempted material <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1205 Meaning of the word "preponderantly." (cont'd) in "importance." If a work consists prepon- derantly of exempted material, e.g., pictures, photographs, plays, or music, the manufac- turing requirements do not apply and copies may be imported in unlimited quantities. However, in Stonehill Communications, Inc. v. Martuge, 512 F. Supp. 349 (S.D.N.Y. 1981), the Court found the "importance" test and the instructions in the legislative history vague and difficult to apply. "In the absence of congressional or duly authorized guidelines, " stated the Court, "the answer is an objective test -- in this instance, a 'mechanical' one." The Court held that in the absence of any other standards, "a book 'consists of pre-pon- derantly nondram[a]tic literary material . . . in the English language' when more than half of its surface area, exclusive of margins, consists of English-language text." 1205.01 Literary material of secondary importance. Where the literary material in a work consists merely of a foreword or preface, and captions, headings, or brief descriptions or explanations of pictorial, graphic, or other nonliterary material, the manufacturing requirements do not apply, and the Copyright Office will not issue an Import Statement. 1205.02 Literary material predominant. Where the pic- torial, graphic, or other nonliterary material clearly forms less than one-half of a work in which nondramatic literary material predomi- nates, the manufacturing requirements apply to the textual portion of the work, and an Import Statement will be issued on request. 1205.03 Pictorial and literary material approximately equal. If the pictorial material and non- dramatic literary material are approximately equal in importance or quantity, it is unclear whether the import restrictions apply, and an Import Statement will be issued on request. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1206 importation is sought or public distribution in the United States is made, the author of any substan- tial part of such material is neither a national nor a domiciliary of the United States, the manu- facturing requirements do not apply. 17 U.S.C. 601 (b) (1). In this context, "substantial" has a meaning that suggests real worth and importance and would connote less than "preponderently" (as used in section 601(a) of the current Act) but more than incidental or minimal. Examples : 1\) A two-page preface to a 100-page work presum- ably would not be considered to be a "substan- tial" portion of the work. 2\) A 25-page portion of a 90-page article would be considered "substantial." 1207 Copies. The manufacturing requirements of the law extend only to copies of a work. "Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. 17 U.S.C. 101. Thus, phonorecords are outside the scope of the manufacturing require- ments of the Act. 1208 Manufacture in the United States. The United States, when used in a geographical sense, com- prises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government. 17 U.S.C. 101. The organized territories include Guam and the U.S. Virgin Islands. Manufacture in a territorial area under the jurisdiction of the United States which is not considered an "organized territory" is not regarded as manufacture in the United States. See section 1102.08 of Chapter 1100: ELIGIBILITY. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1209 Situations where the manufacturing requirements are not applicable. The manufacturing require- ments are not applicable in the following situa- tions : 1209.01 Author not U. S. national or domiciliary. If, on the date when importation is sought or public distribution in the United States is made, the author of any substantial part of the nondramatic literary material in the English language is neither a national nor a domiciliary of the United States, the manufacturing provisions do not apply. Where a work was previously registered naming as author a person who was at that time neither a national nor a domiciliary of the United States, a request for an Import Statement for such work will not ordinarily be ques- tioned, since the nationality or domicile of the author may have changed between the time registration was made and the time importation is sought. 1209.02 Author domiciled outside the United States for one year. If the author is a national of the United States but he or she has been domiciled outside the United States for a continuous period of at least one year immediately preceding the date when importa- tion is sought or public distribution in the United States is made, the manufacturing requirements are not applicable. Examples : 1\) If the author of an English-language book is a U.S. citizen who has been domiciled in France for three years before requesting importation of a book manufactured in the Netherlands, unlimited importation is allowed. 2\) If, with regard to the work mentioned in the above example, the importation of a reprint edition is later requested after the author has changed his domicile to the United States, an Import Statement would be required. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1200-8" --> ## Situations where the manufacturing requirements are not applicable. (cont'd) 1209.03 Employment for hire. If a substantial part of the nonexempt text of a work made for hire was prepared for an employer or other person who is not a national or domiciliary of the United States or a domestic corporation or enterprise, the manufacturing requirements do not apply. Example : If a U.S. citizen prepares an English- language book as an employee for hire of a French citizen or French corporation, unlimited importation would be allowed. 1209.04 Manufacture in Canada. If a copyrighted nondramatic literary work in the English language was printed or reprinted in Canada, copies could be imported into the United States in unlimited numbers on or after January 1, 1978, since Canadian manufacture satisfies the manufacturing requirements of the current Act. 1210 Manufacturing processes covered. Copies produced by one or more of the processes mentioned below are subject to the requirement of manufacture in the United States or Canada. 1210.01 Copies printed from type. If copies are printed directly from type that has been set, or directly from plates made from such type, the setting of the type and the making of the plates must be performed in the United States or Canada. 1210.02 Lithographic or photoengraving process. If the making of plates by a lithographic or photoengraving process is a final or inter- mediate step preceding the printing of the copies, the plates must be made in the United States or Canada. The law permits the making of reproduction proofs ( "repro proofs") abroad, provided that the plates from which the copies are printed are made in the United States or Canada and are not themselves imported. Similarly, the importation of computer tapes from which plates can be prepared is permitted. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1210 <!-- PageHeader="Manufacturing processes covered. (cont'd)" --> 1210.03 Printing and binding. If there is a final process of producing multiple copies and any binding of the copies, this must be performed in the United States or Canada. 1211 Manufacturing processes not covered. Photocopying is not considered a "printing process." Thus, if copies have been produced by photocopying, such reproduction is exempt from the manufacturing requirements. Copies produced in multiples by typewriter, by mimeograph, or by hand are also not covered by the manufacturing requirements. Copies reproduced in raised characters for the use of the blind are exempt from the manufacturing requirements. See 17 U.S.C. 601 (b) (5). 1212 Entry under an Import Statement. In any case where issuance of an Import Statement is appro- priate, importation of 2,000 copies is permitted, irrespective of the time the work may have been published, and irrespective of whether registra- tion was made under the current Act or under the Act of 1909, as amended. Where the copyright owner of a work in which ad interim copyright was subsisting on December 31, 1977, has already imported the 1, 500 copies allowed under the Act of 1909, a new Import Statement will be issued upon request, permitting importation of an addi- tional 500 copies. Examples : 1\) ) For a work by a U.S. author, published and registered in 1970 as ad interim, where no U.S. edition was manufactured within five years as required by the Act of 1909, as amended, no new Import Statement can be issued because ad interim copyright was not subsisting on December 31, 1977. 2\) For a work manufactured in the United States and registered in Class A in 1975 for which no Import Statement has been issued, an Import Statement could be issued on request, per- mitting importation of 2,000 copies, if the work were reprinted outside of the United States or Canada. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1212 Entry under an Import Statement. (cont'd) 1212.01 Basic registration required. There must be a basic registration in the Copyright Office for the work before an Import Statement will be issued. However, the application for regis- tration of a claim to copyright may be submitted simultaneously with the Form IS, which is the form for requesting issuance of an Import State- ment. 1212.02 Import Statement may be issued for published or unpublished work. The Copyright Office will issue an Import Statement for an unpublished work on request. Where it appears that the work to be imported will be substantially different from the unpublished version in which a claim was or is being registered, the Copyright Office may point out that the Import Statement applies only to the particular work that is registered. See also section 1215 below. 1212.03 Import Statement not required. If an Import Statement is requested, but is clearly not required (e.g., where the nontextual matter predominates, or the work is in a language other than English, or the work is in the public domain in the United States), the Copy- right Office will not issue the Import State- ment. 37 C.F.R. 201.8(a) (4). The Copyright Office will promptly so notify the requester since copies may be in transit or at a port of entry. However, in the case of a dispute between the U. S. Customs Service and the copy- right owner concerning whether unlimited importation of copies is permissible under 17 U.S.C. 601, the Copyright Office will, in proper cases and upon request, issue the Import Statement. See 37 C.F.R. 201.8(a) (5). 1213 Who may request an Import Statement. An Import Statement may be requested by the copyright owner or by the duly authorized agent of such owner. The copyright owner for this purpose may be : <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1200-11" --> Who may request an Import Statement. (cont'd) 1\) The author of the work (including, in the case of a work made for hire, the employer or other person for whom the work was pre- pared), or 2\) A copyright claimant, other than the author, identified in the registration for the work, or 3\) A person or organization that has obtained ownership of one or more exclusive rights, initially owned by the author, including the exclusive right to import copies of the work into the United States. See 37 C.F.R. 201.8(b) (2); see also section 1214.04 below. 1213.01 Limit of one basic Import Statement for each work. As a general rule, only one basic Import Statement will be issued for the same work. Exceptional cases will be dealt with on their particular merits. 1214 Completion of Form IS. There are a number of spaces on the Form IS to be completed by the requester. If registration has already been made for the work, the information provided should agree with the information in the certificate of registration; if registration is being made simultaneously with the request for an Import Statement, the information given should agree with the information in the application for registration. The spaces to be completed are as follows. 1214.01 Identification of work. The title of the work, name(s) of author(s), and name(s) of copyright claimant (s) should be given. 1214.02 Person designated to receive Import Statement. The full name and complete mailing address of the person or organization to whom the Copy- right Office will issue the Import Statement should be given, even if the same name and address appear elsewhere on the form. The law provides that the Import Statement shall be issued to the copyright owner or to a person designated by such owner. See 17 U.S.C. 601(b) (2). <!-- PageFooter="[1984]" --> <!-- PageBreak --> Completion of Form IS. (cont'd) 1214.03 Fee and contact. If the requester maintains a Deposit Account in the Copyright Office, the Account should be identified. Other- wise, the required fee should be enclosed with the request. The name, address, and telephone number of a person to contact about the request should also be provided on the form. 1214.04 Certification. The Form IS must include the handwritten signature of a person who certifies that he or she is either the copyright owner as shown in the records of the Copyright Office, or the duly authorized agent of the copyright owner, and that he or she authorizes the issu- ance of an Import Statement to the designated person . 1214.05 Registration number. If the work has already been registered, the applicant should give the registration number in the appropriate space on the Form IS. If registration is being applied for simultaneously with the request for an Import Statement, the Copy- right Office will add the registration number to the Form IS. 1215 New versions. If the version to be imported is substantially different from the version in which a claim to copyright was registered, a claim to copyright in the version to be imported must also be registered before an Import Statement covering that version can be issued. Examples : 1\) Where an Import Statement is requested for the fifth revised edition of a textbook, and the registration number given on the Form IS is found to be that for the second revised edition, the Copyright Office will inform the requester that no Import Statement can be issued unless registration is made for the fifth revised edition. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1200-13" --> ## New versions. (cont'd) Examples: (cont'd) 2\) If a novel originally manufactured, published, and registered in the United States before 1978 is reprinted outside the United States or Canada with a new pictorial cover, no new registration is required for an Import State- ment to be issued. The test for issuance of the Import Statement is whether there is a subsisting claim in the nondramatic literary material, and whether the claim to copyright in that material has been registered. 3\) Where a U.S. author translates into English a Russian-language novel and importation is sought for the translation, a claim to copy- right must be registered in the translation in order for an Import Statement to be issued. Registration for the Russian-language work is not a necessary condition for the issuance of the Import Statement, nor is it required that the work in Russian be protectible in the United States. [END OF CHAPTER 1200] <!-- PageFooter="[1984]" --> <!-- PageBreak --> ) <!-- PageBreak --> <!-- PageHeader="Chapter 1300 RENEWAL OF COPYRIGHT" --> Outline of Topics 1301 Background. 1301.01 Works copyrighted before January 1, 1978. 1302 Time limits for renewal. 1302.01 Informal applications. 1303 Computing term for published works. 1303.01 1303.02 Antedated notice. Postdated notice. 1304 Computing term for unpublished works. 1305 Amendment after deadline. 1306 Date of receipt. 1306.01 Delay in delivery caused by disruption of postal or other services. 1307 Application received before the renewal year. 1308 Application received after the renewal year. 1309 Original registration. 1309.01 Exception to requirement for original regis- tration. 1310 Contributions to periodicals and composite works. 1310.01 First publication basis. 1310.02 Separate claims. 1310.03 Identification of composite work. 1310.04 Different claimants. 1310.05 Group registrations. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Chapter 1300 Renewal of Copyright Outline of Topics 1311 ## Works first published abroad in English. 1311.01 Both editions registered. 1311.02 Single renewal application. 1311.03 Separate applications. 1311.04 Installments. 1311.05 Foreign edition never registered. 1311.06 No U.S. edition. 1312 Renewal claimants: authors and their successors. 1313 Renewal claimants: authors. 1313.01 Author still living. 1313.02 Author's name not in records of original regis- tration. 1313.03 Term "author" defined for renewal purposes. 1314 Renewal claimants: widows, widowers, and children. 1314.01 Single class. 1314.02 Definition of widow or widower. 1314.03 Definition of children. 1315 Renewal claimants: executors. 1315.01 Qualification. 1315.02 Personal right. 1315.03 Intestate. 1316 ## Renewal claimants: next of kin. 1316.01 Definition. 1316.02 Will but no executor. 1317 Renewal claimants: proprietors. 1317.01 Definition. 1317.02 Derivation of title. 1317.03 Posthumous works. 1317.04 Composite works. 1317.05 Individual contributions. 1317.06 Corporate body. 1317.07 Employer in the case of a work made for hire. ☒ <!-- PageFooter="[1984]" --> <!-- PageBreak --> Chapter 1300 Renewal of Copyright Outline of Topics 1318 ## Joint renewal claimants. 1318.01 Several claimants, same application. 1318.02 Later application, same work. 1318.03 Adverse claims. 1318.04 Adverse claims: conflicts concerning the author and the author's successors. 1318.05 Adverse claims: conflicts concerning proprietors, authors, and authors' successors. 1319 Unacceptable renewal claims. 1319.01 Personal right. 1319.02 Deceased person. 1319.03 Claimants not named, only status given. 1319.04 Claimant fails to qualify. 1319.05 Successors or representatives of claimants. 1319.06 Assignment of renewal interests. 1319.07 Extent of claim. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageBreak --> <!-- PageHeader="Chapter 1300 RENEWAL OF COPYRIGHT" --> Background. The copyright law of 1909, as amended, provided for copyright protection for an initial term of 28 years, with the possibility of a renewal term of statutory protection if a claim to renewal copyright was registered in the Copyright Office during the last year of the first term. However, a new copyright statute came into full effect on January 1, 1978; among other things, the new law makes important changes concerning the length of copyright protection; for works that are copy- righted for the first time on or after January 1, 1978, it establishes a single copyright term. Nevertheless, under the new law, works originally copyrighted before January 1, 1978, must still be renewed in order to obtain the fullest period of copyright protection allowed by the law for such works. This chapter is applicable only to those works. 1301.01 Works copyrighted before January 1, 1978. Section 304(a) of the copyright law provides that "any copyright, the first term of which is subsisting on January 1, 1978," endures for 28 years from the date it was originally secured, and that a renewal term of copyright lasting 47 years, can be secured by certain designated claimants if an application for renewal is made to the Copyright Office "within one year prior to the expiration of the original term of copy- right." The law specifies that all such terms of copyright run to the end of the calendar year in which they would otherwise expire. See 17 U.S.C. 305. This not only affects the dura- tion of copyright; it also affects the time limits for renewal registration. See section 1302 below. NOTE: For works that were in their renewal term of copyright on December 31, 1977, the law auto- matically extended the copyright to last for a total of 75 years (a first term of 28 years plus a renewal term of 47 years) measured from <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1300-2 1301 Background. (cont'd) 1301.01 Works copyrighted before January 1, 1978. (cont'd) the end of the year in which the copyright was originally secured; no additional renewal is necessary for such works. 1302 Time limits for renewal. A copyright may be renewed for a renewal term of 47 years, provided that an acceptable application and fee are received in the Copyright Office or elsewhere in the Library of Congress during the year immediately preceding the expiration date of the original term of copy- right. See 17 U.S.C. 304 (a). * Unless the required application and fee are received during the prescribed period before the first term of copyright expires, the copyright in the work terminates at the expiration of 28 years from the end of the calendar year in which copyright was originally secured. * The Copyright Office has no discretion to extend the renewal time limits. 1302.01 See 37 C.F.R. 202. 17 (c) (1) . Informal applications. Whenever a renewal applicant has cause to believe that a formal application for renewal (Form RE) (and in the case of works in which U. S. copyright subsists by virtue of section 9(c) of title 17, U.S.c., in effect on December 31, 1977, an accompany- ing affidavit and submission relating to the subsistence of first-term copyright), if sent to the Copyright Office by mail, might not be received in the Copyright Office before expira- tion of the statutory time limits the appli- cant may apply for renewal registration by telegraphic or similar unsigned written communication. An application made by this method only will be accepted if: <!-- PageFooter="[1984]" --> ☒ ☒ <!-- PageBreak --> 1302 1302.01 Time limits for renewals. (cont'd) ### Informal applications. (cont'd) (1) the message is received in the Copyright Office within the specified time limits; (2) the applicant adequately identifies the work involved, the date of first publication or original registration, the name and address of the renewal claimant, and the statutory basis of the renewal claim; (3) the fee for renewal registration, if not already on deposit, is received in the Copyright Office before the time for renewal registration has expired; and (4) a formal application for renewal (Form RE) ( and in the case of works in which U.S. copyright subsists by virtue of section 9(c) of title 17, U.S.C., in effect on December 31, 1977, as provided in 37 C.F.R. 202.17 (d) (2), an accompanying affidavit and submission relating to sub- sistence of the first-term copyright) are also received in the Copyright Office before February 1 of the following year. See 37 C.F.R. 202.17 (c) (3). 1303 Computing term for published works. Copyright for works published before January 1, 1978, generally began on the date of first publication. However, under the current Act the original term does not expire until the end of the last day of the 28th calendar year measured from the year of first publication. See 17 U.S.C. 305. 1303.01 Antedated notice. In cases where the year date in the copyright notice appearing on the copies as first published was earlier than the actual date of publication, the original term of copyright is computed from the last day of the year given in the notice, and not the date of publication. The actual date of publication should be given in the renewal application, and <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-4" --> 1303 Computing term for published works. (cont'd) 1303.01 Antedated notice. (cont'd) the Copyright Office will add the annotation: "YEAR DATE IN COPYRIGHT NOTICE: 19 ." Claims to renewal copyright received more than 28 years from the first day in the year given in the copyright notice will be refused registra- tion. See also section 1308 below. 1303.02 Postdated notice. If the year date in the copyright notice appearing on the copies as published was one year later than the actual date of publication, the original term is computed for renewal purposes from the year date of publication. No annotation respecting a postdated notice will be made to the renewal application. 1304 Computing term for unpublished works. For unpublished works registered in the Copyright Office before January 1, 1978, statutory copyright began on the date of such registration and lasts for an original term of 28 years. Under the new law the original term does not expire for such works until the end of the last day of the 28th calendar year after registration. The date of registration of unpublished works currently renewable under the new law is the date when the last element (application, copy, fee) was received in acceptable form in the Copyright Office. 1305 Amendment after deadline. If an application that contains a title by which the work may be identified and a correct statement of either the renewal claimant or basis of the renewal claim is received within the proper time limits, but correspondence is required, the claim may be entered after expiration of the original term. However, the Copyright Office will make a special effort to obtain a fully acceptable application before the original term expires. <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="1300-5" --> 1305 Amendment after deadline. (cont'd) #### Example : A renewal application for a work by John Doe received during the 28th year of the first term identifies the renewal claimant as executrix, and the Copyright Office has reason to believe that the claimant is the surviving spouse, e.g., the renewal application gives Mrs. John Doe, or the letter of transmittal indicates that she is the widow of the author. The Copyright Office will write for a new application setting forth the proper basis of claim, even though the statutory renewal period has expired in the interim. 1306 Date of receipt. The date of actual receipt in the Copyright Office determines the acceptability of a renewal application. See 37 C.F.R. 202.17 (c) . \* Receipt of a renewal application or fee else- where in the Library of Congress is regarded as equivalent to receipt in the Copyright Office. \* Mail misdirected or misdelivered to another Government agency, and delivered to the Copy- right Office after the deadline will not permit registration. \* The date of deposit in the mails is not deter- minative for this purpose. 1306.01 Delay in delivery caused by disruption of postal or other services. In any case in which the Register of Copyrights determines, on the basis of such evidence as the Register may by regula- tion require, that a deposit, application, fee, or any other material to be delivered to the Copyright Office by a particular date, would have been received in the Copyright Office in due time except for a general disruption or suspension of postal or other transportation or communications services, the actual receipt of such material in the Copyright Office within one month after the date on which the Register determines that the disruption or suspension of <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1306 1306.01 1307 Date of receipt. (cont'd) Delay in delivery caused by disruption of postal or other services. (cont'd) such services has terminated, shall be consid- ered timely. 17 U.S.C. 709. No regulation has yet been issued by the Copyright Office under this provision. Application received before the renewal year. A renewal application received at any time before the beginning of the renewal year will not be accepted. An entirely new application must be submitted during the proper year. 1308 Application received after the renewal year. If an application or fee is received after the renewal year has expired, the claim will be refused. \* When the applicant filed too late in reasonable reliance on a record created, or original certi- ficate issued, by the Copyright Office, or an official Copyright Office search report, which contained an error, omission, or patent ambi- guity with respect to the term, the Copyright Office will register the renewal claim as a doubtful case. \* When the Copyright Office records state a date of publication which has not been questioned or corrected, renewal registration will not be made after the 28th year from that date, even when the renewal applicant asserts that the date was erroneous. Concerning the procedure for cor- recting a date of publication, see Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT RECORDS; SUPPLEMENTARY REGISTRATIONS. Examples : 1\) Where the renewal applicant has relied on a certificate of original registration which lacked an annotation showing that the year date in the copyright notice was antedated, a renewal application will be accepted during the 28th year measured from the date of publica- tion. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Application received after the renewal year. (cont'd) Examples: (cont'd) 2\) Where the applicant has relied on incorrect information appearing in the Catalog of Copy- right Entries as a result of a Copyright Office error, renewal registration will be made. Original registration. Except as provided in sec- tion 1309.01 below, copyright in a work will not be registered for a renewal term unless an original registration for the work has been made in the Copyright Office. However, the original and renewal claims may be submitted simultaneously, although the renewal claim will be processed only after a registration number has been assigned to the application for the original term. Generally, in examining such applications for first-term registration, the Copyright Office will apply the practices existing at the time the work was origi- nally published in determining registrability. The current application forms and registration fees will be required. NOTE: The Copyright Office may register claims to renewal even though it might not under its present policies register the original claim. 1309.01 Exception to requirement for original regis- tration. An original registration in the Copyright Office is not a condition precedent for renewal registration in the case of a work in which U.S. copyright subsists by virtue of section 9(c) of title 17, U.S.C., in effect on December 31, 1977, (which implemented the Uni- versal Copyright Convention), provided, how- ever, that the application for renewal regis- tration is accompanied by: 1\) An affidavit identified as "Renewal Affidavit for a U.C.C. Work" and containing the following informa- tion : (A) The date of first publication of the work; <!-- PageFooter="[1984]" --> 1308 1309 <!-- PageBreak --> 1309 ## Original registration. (cont'd) ### 1309.01 Exception to requirement for original regis- tration. (cont'd) 1\) (cont'd) (B) ) The place of first publication of the work; (C) The citizenship of the author on the date of first publication of the work; (D) The domicile of the author on the date of first publication of the work; (E) An averment that, at the time of first publication, all the copies of the work published under the authority of the author or other copyright propri- etor bore the symbol @ accompanied by the name of the copyright proprietor and the year of first publication, and that U.S. copyright subsists in the work ; (F) The handwritten signature of the renewal claimant or the duly authorized agent of the renewal claimant. The signature shall (1) be accompanied by the printed or type- written name of the person signing the affidavit and by the date of the signa- ture; and (2) shall be immediately preceded by the following printed or typewritten statement in accordance with section 1746 of title 28, U.S.C .: I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 2\) A submission relating to the notice of copy- right and copyrightable content which shall be, in descending order of preference, comprised of: (A) One complete copy of the work as first published; or <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1309 ## Original registration. (cont'd) 1309.01 Exception to requirements for original regis- tration. (cont'd) 2\) (cont'd) (B) (1) A photocopy of the title page of the work as first published, and (2) A photocopy of the page of the work as first published bearing the copyright notice, and (3) A specification as to the location, relative to each other, of the title and notice pages of the work as first pub- lished, if the pages are different, and (4) A brief description of the copy- rightable content of the work, and (5) An explanation of the inability to submit one complete copy of the work as first published; or (c) A statement describing the position and contents of the copyright notice as it appeared on the work as first published, and a brief description of the copy- rightable content. The statement shall be made and signed in accordance with paragraph (1) (F) of this section and shall also include an explanation of the inability to submit either one complete copy of the work as first published or photocopies of the title and notice of the work as first pub- lished. See 37 C.F.R. 202. 17(d) (2). 1310 ## Contributions to periodicals and composite works. The following practices relate to renewal of claims to copyright in contributions to periodicals and composite works. 1310.01 First publication basis. In order to be accept- able, a renewal claim in an individual contri- bution which was not registered separately must be based on first publication of the contribution. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-10" --> 1310 Contributions to periodicals and composite works. (cont'd) 1310.01 First publication basis. (cont'd) Example : A renewal application covering a short story which appeared in BEST SHORT STORIES, an anthology of previously published materials, will not be registered since the short story was not first published in the anthology. 1310.02 Separate claims. Individual renewal copyright in contributions to periodicals and other com- posite works may be registered, whether or not they were separately registered for their original term of copyright. Where the indivi- dual contribution was not separately registered, a claim to copyright in the periodical or other composite work must have been registered to serve as a basis for renewal registration of the individual contribution. 1310.03 Identification of composite work. A renewal application covering a contribution which was not registered separately must clearly identify the periodical or other composite work in which the contribution appeared. Generally, a com- posite work is an original publication relating to a variety of subjects to which a number of different authors have contributed distinguish- able and separable selections; in this connection, see also section 1317.04(a) below. 1310.03 (a) Facts of original registration required. The renewal application must contain the facts of original registration, e.g., title of periodical, volume and issue number, issue date and original registration date, in addition to the publication date for the periodical or other work. Where the work cannot be fully identified from the renewal application and Copyright Office records, correspondence may be necessary. All other statements on the renewal application are taken at face value unless a patent error or ambiguity is presented. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-11" --> ## 1310 Contributions to periodicals and composite works. (cont'd) 1310.04 Different claimants. A contribution which was published with a separate copyright notice should be separately registered for the origi- nal term of copyright before renewal regis- tration is made, if the claimant stated in the notice differs from the claimant given in the notice on the composite work as a whole. The Copyright Office requires original registration as a condition to renewal registration when this fact is known. When the names in the copyright notices appearing on the contribution and the composite work are the same, original regis- tration for the individual contribution is optional. 1310.05 Group registrations. A single renewal regis- tration may be made for a group of works by the same individual author, all first published as contributions to periodicals, including news- papers, upon submisson of a single fee and application, when certain conditions are met. The "author" here means an individual person and not an employer in the case of a work made for hire. Also the class in which the original registrations were made is immaterial and is not limited to Class B (Form BB) . The above- mentioned conditions, set forth below, must all be met : 1\) ) The renewal claimant or claimants, and the basis of claim or claims under 17 U.S.C. 304(a), is the same for each of the works; and 2\) The works were all copyrighted upon their first publication, either through a sepa- rate copyright notice and registration, or by virtue of a general copyright notice in the periodical issue as a whole and a claim to copyright has been registered in the periodical issue; and 3 ) The renewal application and fee are received not more than 28 or less than 27 years after <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-12" --> 1310 Contributions to periodicals and composite works. (cont'd) 1310.05 Group registrations. (cont'd) 3 ) (cont'd) the 31st day of December of the calendar year in which all of the works were first published; and 1311 4) The renewal application identifies each work separately, including the periodical containing it and its date of first publi- cation. See 17 U.S.C. 408 (c) (3). Works first published abroad in English. Under the Act of 1909, as amended, ad interim copyright was a short-term copyright available to English- language books and periodicals which were manu- factured and first published abroad. It was secured by registration within six months of first publi- cation abroad and lasted for a maximum of five years from the date of publication. Copyright could be extended to the full 28-year term if a U.S. edition was manufactured and published within five years after first publication abroad, and if a claim to copyright in the U.S. edition was also registered. 1311.01 Both editions registered. If ad interim and full-term registrations were both made within the proper time limits, renewal registration may be made to cover both editions. 1311.02 Single renewal application. A single renewal application can be submitted covering both the ad interim and full-term registrations, regard- less of whether or not the U. S. edition con- tained new matter, provided both editions are eligible for renewal during the same calendar year. If both editions are included on a single renewal application, that application must include information taken from both original registrations. For the special problem pre- sented by an antedated notice, see section 1303.01 above. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1311 Works first published abroad in English. (cont'd) 1311.03 Separate applications. Where separate appli- cations are submitted, each application must be filed within the 28th calendar year of the term of copyright in the particular edition it covers. The Copyright Office will annotate each appli- cation to refer to the other edition. 1311.03 (a) Late application. If the renewal applica- tion is received more than 28 years from the end of the year of first publication abroad, registration will be refused because the application was received too late. The applicant may submit a new application covering the U.S. edition alone, if that edition contained new matter, and if the application was submitted during the renewal period applicable to the new matter. 1311.04 Installments. When a work was first published abroad in serial installments and several sepa- rate ad interim registrations were made, separate renewal registrations may be made, even though the first U.S. edition was published in a single volume. If the applicant prefers, a single group registration can be made for installments first published as contributions to a periodical, provided the criteria set forth in section 1310.05 have been met. 1311.05 Foreign edition never registered. If the foreign edition of a work was never registered ad interim, but the later U.S. edition was registered, the Copyright Office will accept a renewal application covering the U.S. edition. In the case of an application received during the 28th year measured from the end of the year of foreign publication, a cautionary letter will be sent stating that the registration is of doubtful validity. In the case of an appli- cation received more than 28 years from the end of the year of foreign publication, the cau- tionary letter will explain that renewal regis- tration covers only the new matter, if any, in the U.S. edition. A new matter statement will not be required on the renewal application, unless a new matter statement appeared on the original application. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1311 Works first published abroad in English. (cont'd) 1311.06 No U.S. edition. Where the Copyright Office records fail to reveal that a U.S. edition of a work was ever registered, the Copyright Office will generally refuse registration for a renewal claim based on an ad interim registration, subject to the special provisions in sections 1311.06 (a) and 1311.06 (b) below. The Copyright Office will, how- ever, correspond in order to determine whether the U.S. edition has been registered, e.g., under a different title. 1311.06 (a) Effect of the Universal Copyright Convention (UCC) . The UCC came into force with respect to the United States on September 16, 1955. The implementing legislation provides that, upon the coming into force of the Universal Copyright Convention in a foreign state or nation, every book or periodical of a citi- zen or subject thereof in which ad interim copyright was subsisting on the effective date of said coming into force shall have copyright for 28 years from the date of first publication abroad without the necessity of complying with the further formalities specified. See section 9(c) of the Act of 1909, as amended. Therefore, in such cases the ad interim copyright was extended to the full 28-year term measured from the date of first publication abroad, and such copyrights are renewable in accor- dance with the general provisions relating to the term for other published works. See section 1303 above. In determining whether renewal registration is possible, the fac- tors to be considered include the follow- ing: 1\) Citizenship of the author as shown in the Copyright Office records. 2\) The effective date of adherence to the UCC by the country of which the author was a citizen. 3\) The time between securing ad interim copyright and the effective date of such adherence. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1311 Works first published abroad in English. (cont'd) 1311.06 No U.S. edition. (cont'd) 1311.06 (b) Effect of the current Act. In the case of any work in which ad interim copyright is subsisting or is capable of being secured on December 31, 1977, under section 22 of title 17 as it existed on that date, copy- right protection was extended to endure for the full term or terms provided by section 304 of title 17 of the new law, pursuant to Sec. 107 of Transitional and Supple- mentary Provisions of the current Act. Thus, for works covered by this provision, a renewal claim will be registered even though there was no registration for a U.S. edition. 1312 Renewal claimants: authors and their successors. In accordance with the copyright law, it is the author, if living, who is entitled to claim renewal copyright with respect to all works other than those enumerated in section 1317 of this chapter. More- over, if the author is dead, it is the copyright law, rather than the rules of testamentary or intestate succession, that specifies the successive classes of persons entitled to claim renewal copy- right. See 17 U.S.C. 304. 1313 Renewal claimants: authors. The author, if living, may claim renewal, whether the work was published in the author's true name, a pseudonym, or anonymously. 1313.01 Author still living. If the author is still living, the renewal application must be filed in the author's own name, even if the author is insane or incompetent. 1313.02 Author's name not in records of original regis- tration. Where an applicant is claiming renewal as the "author, " or as any other person entitled to claim renewal if that author is dead, and where that author's name does not appear in the records of the original registration, renewal registration will generally not be made unless that name is placed in the Copyright Office records. The Copyright Office may suggest [1984] <!-- PageBreak --> 1313 Renewal claimants: authors. (cont'd) 1313.02 Author's name not in records of original regis- tration. (cont'd) that an application for supplementary registra- tion be submitted in order either to correct or to amplify the information given in the original record. See Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT RECORDS; SUPPLEMEN- TARY REGISTRATIONS. In any case, and particu- larly when a supplementary registration is not suitable, a document supporting the author- ship may be recorded in the Copyright Office. The renewal application is annotated to reflect the volume and page number of recordation. A supplementary registration or document is not necessary when the nature of the work makes the omission of the claimant's name natural, e.g., works of multiple authorship, pictorial reproductions, and obviously anonymous works. See also Adverse claims, section 1318.03 below. 1313.03 Term "author" defined for renewal purposes. The term "author, " for renewal purposes, refers to the individual who personally wrote or created "renewable matter" in the work. The term "author" includes editors, compilers, arrangers, trans- lators, illustrators, etc. It does not include employers in the case of works made for hire, publishers, corporations, firms, partnerships, religious orders, fraternal organizations, or any other impersonal entities. 1314 Renewal claimants: widows, widowers, and children. If the author is dead, the author's surviving spouse and children are entitled to claim renewal. 17 U.S.C. 304. 1314.01 Single class. The widow (widower ) and children are regarded as a single class of renewal claim- ants, and applications from any or all will be accepted without question. See DeSylva v. Ballentine, 351 U.S. 570, 30 C.O.Bull. 245 (1956). <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1314 Renewal claimants: widows, widowers, and children. (cont'd) 1314.02 Definition of widow or widower. The author's widow or widower is the author's surviving spouse under the law of the author's domicile at the time of his or her death, whether or not the spouse has later remarried. 17 U.s.c. 101. 1\) A widow (widower ) does not lose his (or her) renewal rights upon remarriage. 2\) A common-law spouse may also be regarded as the "widow" or "widower" for renewal purposes, if the author is deceased. 3 ) A divorced spouse is not an acceptable renewal claimant as widow or widower. However, the Copyright Office will not inquire into the validity of a marriage or a divorce. 4\) The terms "wife of the author," "wife of the deceased author," "husband of the author," or "husband of the deceased author" are not acceptable bases of claim. The basis of claim must be stated as either "widow" or "widower" of the author. 5\) The Copyright Office will request a new application correcting the basis of claim if a widow or widower is claiming renewal as the author's "next of kin" or "executor." 1314.03 Definition of children. A person's "children" are that person's immediate offspring, whether legitimate or not, and any children legally adopted by that person. 17 U.S.C. 101. 1\) The Copyright Office will register a renewal claim in the name of an illegitimate child, whether paternity has been acknowledged or not. 2 ) Legally adopted children are acceptable renewal claimants. 3 ) Stepchildren, as such, are not entitled to claim renewal. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-18" --> 1314 Renewal claimants: widows, widowers, and children. (cont'd) 1314.03 Definition of children. (cont'd) 4\) Grandchildren and other descendants beyond the first degree cannot claim renewal as "the children of the deceased author." 5\) The Copyright Office will request a new application giving the correct basis of claim if a child is claiming renewal as the author's "next of kin" or "executor." 1315 Renewal claimants: executors. If the author dies leaving a will, and if no widow, widower, or children are living at the time the renewal appli- cation is filed, the author's executor is entitled to claim renewal in his or her own name. 1315.01 Qualification. In order to be regarded as an "executor," a claimant must have been named in the author's will, and presumably must have been qualified in probate pro- ceedings. However, the Copyright Office will not refuse a renewal claim in the name of the the executor, even if the author's will has not been probated. The Copyright Office will accept as an "executor" a claimant described as an "ancillary executor, " "substitute executor, " "successor executor, " or "literary executor." See also section 1316.02 below. 1315.02 Personal right. The right to claim renewal as "executor" is a personal one, and the renewal application must name the individual executor. 1\) ) The author's legatees, as such, have no right to claim renewal in their own names. 2\) Renewal rights are claimed by the executors not for their personal benefit, but as fiduciaries for the benefit of the legatees under the author's will. See Miller Music Corp. v. Charles N. Daniels, Inc., 362 U.S. 373, 32 C.O. Bull. 307 (1960). <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1315 1315.02 ## Renewal claimants: executors. (cont'd) Personal right. (cont'd) 3 ) A renewal claim cannot be registered in the name of the "Estate of John Doe," even if executors have not yet been qualified under the author's will. 4\) The executor named in the renewal applica- tion must be an individual or be a fiduciary organization authorized by law to serve as an executor. A renewal application which does not name as executor an individual or a trust department of a bank will be ques- tioned. Example : The renewal application which names a law firm as the renewal claimant in the capacity of executor under the author's will will be questioned because it is unclear whether the law firm is a fiduciary organization authorized by law to serve as executor. 1315.03 Intestate. In no case can the administrator of an intestate author's estate claim renewal. 1316 Renewal claimants: next of kin. If the author is dead and no widow (widower) or children survive the author, and if there is "the absence of a will," the author's next of kin are entitled to claim renewal. 17 U.S.C. 304 (a). 1316.01 Definition. The term "next of kin" refers only to blood relatives of the author. 1\) It is not clear whether the term "next of kin" refers only to the living relatives of the nearest degree of consanguinity (defined as the quality or state of being descended from the same ancestor) or whether it also includes the descendants of dead relatives claiming on the theory representation. The Copyright Office <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-20" --> 1316 Renewal claimants: next of kin. (cont'd) 1316.01 Definition. (cont'd) 1\) (cont'd) will register the claim of any blood relative as "next of kin," regardless of the degree of consanguinity. Example : Where an author had two brothers, one of whom died leaving two sons, it is unclear whether the nephews may claim renewal equally with the surviving brother. 2\) The statement of the basis of claim on the renewal application must not consist solely of a statement of relationship, e.g. sister, mother, niece, etc. The claim itself should be stated as "next of kin of the deceased author, there being no will," although kinship may be specified paren- thetically. 3\) Statements such as "heirs" or "representa- tives of heirs" are not acceptable either as claimants or as bases of claim. 1316.02 Will but no executor. If the author left a will, but no executor exists at the time for renewal, the proper renewal claimant is unclear. 1\) However, on the basis of judicial authority, the Copyright Office will accept a claim in the names of the next of kin, except in the situation noted in paragraph 3(c) below. 2\) If it is unclear whether executors still exist, registration may be made in the names of both the executors and the next of kin on separate applications and for separate fees. Example : The executor himself is unsure whether or not he was actually discharged. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-21" --> 1316.02 Will but no executor. (cont'd) 3\) If the author leaves a will which names no executor, or if the person named cannot or will not act as executor, the court may appoint an "administrator cum testamento annexo" (administrator with the will annexed; administrator c.t.a) who performs the identical functions of an executor. When the estate has been settled and the executor discharged, or when the executor is removed before the estate is completely administered, the court may appoint an "administrator de bonis non cum testamento annexo (adminis- trator de bonis non with the will annexed; administrator d.b.n.c.t.a.) to deal with the remaining or after-acquired property under the will. a) The Copyright Office will register renewal claims in the names of admin- istrator c.t.a. or administrator d.b.n.c.t.a. Except as noted in para- graph (c) below, the Copyright Office will also register renewal claims for the same work in the names of both the next of kin and the administrators c.t.a. or administrators d.b.n.c.t.a. on the basis of separate applications and fees. b) Where the author's will names an executor who cannot or will not act as executor, or when the estate has been settled and the executor discharged, or when the executor is removed before the estate is completely settled, registration will be made in the names of the author's next of kin, even when the administrators c.t.a. or adminis- trators d.b.n.c.t.a. exist. c) If the author left a will without naming an executor, and an administrator c.t.a. or administrator d.b.n.c.t.a. is in existence at the time of renewal regis- tration, an application in the name of the next of kin will be refused on the <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-22" --> 1316 Renewal claimants: next of kin. (cont'd) 1316.02 Will but no executor. (cont'd) c) (cont'd) basis of Gibran v. National Committee of Gibran, 255 F.2d 121, 31 C.O.Bull. 249 (2d Cir. 1958); cert. denied, 358 U.S. 828 (1958) . 1317 Renewal claimants: proprietors. The copyright act provides that the proprietor of the copyright may claim renewal in certain specified cases. 1317.01 Definition. The term "proprietor" refers to the owner of the copyright on the effective date of the renewal registration. 1317.02 Derivation of title. In order to claim renewal as "proprietor," the claimant must derive his or her title directly or indirectly from the original copyright owner. 1317.03 Posthumous works. If a work is "posthumous" within the meaning of the copyright law, the proprietor is the proper renewal claimant. Generally, the author's widow, widower, children, executor, or next of kin have no right to claim renewal in a "posthumous work." 1317.03 (a) Definition. A work is not considered "posthumous" if it is published during the author's lifetime; but a work is commonly considered "posthumous" if it is first published after the author's death. How- ever, for purposes of section 304(a) of the copyright law, the term "posthumous work" means any work as to which no copyright assignment or other contract for exploita- tion of the work has occurred during the author's lifetime and which is unpublished at the time of the author's death. See Bartok v. Boosey & Hawkes, Inc., 523 F. 2d 941, 40 C.O.Bull. 69 (2d Cir. 1975), and H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. 139 (1976) ; see also 37 C.F.R. 202.17 (b) . Thus, under section 304(a) a work is not "post- humous" if it was merely first published after the author's death. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-23" --> 1317 Renewal claimants: proprietors. (cont'd) 1317.03 Posthumous works. (cont'd) 1317.03 (b) 7 Proper claimant. Where the work is "posthumous" within the meaning of section 304(a) of the copyright law, the appropriate claimant is the proprietor. 1\) Where the applicant asserts that there was neither a contract for exploitation nor an assignment of copyright during the author's lifetime, and the work was unpublished on the date of the author's death, the Copyright Office will make registration in the name of the pro- prietor. 2\) Where the applicant asserts that during the author's lifetime there was a contract for exploitation but no copyright assign- ment, it is unclear whether or not the work is "posthumous. " See S. Rep. No. 94-473, 94th Cong., 1st Sess. 123 (1975). Therefore, registration will be made in the name of the author's widow, widower, children, executor, or next of kin and also in the name of the proprietor, pro- vided separate applications and fees are submitted. 3\) Where the applicant asserts that there was an assignment of the copyright during the author's lifetime, the work is not considered "posthumous, " and the Copyright Office will make the renewal registration in the name of the author's widow, widower, children, executor, or next of kin. Regis- tration will not be made in the name of the proprietor. 4\) Where the proprietor-applicant asserts that the work is "posthumous" only because the work was first published after the author's death, the Copyright Office will inquire whether during the author's lifetime there was a copyright assignment or other contract for exploitation of the work. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## 1317 Renewal claimants: proprietors. (cont'd) 1317.03 Posthumous works. (cont'd) 1317.03 (b) Proper claimant. (cont'd) 5) Where the work was originally published as a contribution to a periodical and that contribution was not separately registered, there is doubt under the wording of the renewal provisions of the law as to whether the proprietor of such a "posthumous work" may claim the renewal. In such cases, the Copyright Office will accept applications from the proprietor, and also from the author's widow, widower, children, executor, or next of kin, provided separate applica- tions and fees are submitted. 1317.04 Composite works. The proprietor of a periodical, cyclopedic, or other composite work may claim renewal in the work as a whole. 1317.04 (a) Definition. Generally, a composite work is an original publication relating to a variety of subjects to which a number of different authors have contributed dis- tinguishable and separable selections. Thus, a work by a single author con- sisting of a collection of his writings is not a composite work. Similarly, a work which is the product of joint authorship and common design, or which consists of elements which have been indistinguishably merged into a single entity, cannot be regarded as composite, e.g., musical compositions, dramas, dramatico-musical works, and motion pictures. 1317.05 Individual contributions. While the proprietor of a composite work may claim renewal in the work as a whole, the author of an individual contribution, or the author's beneficiaries, may also claim renewal in the contribution. * It is unclear whether the proprietor's claim in the entire work covers everything in the work that is not separately renewed. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-25" --> 1317 1317.05 ### Renewal claimants: proprietors. (cont'd) Individual contributions. (cont'd) \* If a renewal application covering an indi- vidual contribution is received too late for registration, the Copyright Office will inform the applicant of the facts of renewal registration for the composite work because the contribution may be protected by the renewal of the general copyright in the composite work in which the contribution was first published. 1317.06 Corporate body. In the case of a "work copyrighted by a corporate body otherwise than an assignee or licensee of the author, " the statute gives the proprietor the right to claim renewal. 1317.06 (a) Questionable claim. This basis of claim is always questioned unless it has been estab- lished by previous correspondence. 1317.06 (b) When not acceptable. This basis of claim is not acceptable when : 1\) The original copyright claimant was not a corporation. 2\) The individual author of an unpublished work transferred his common-law literary property, or his right to secure copy- right, to a corporation. i) The corporation is regarded as the author's assignee. ii) The fact that the corporation also purchased the author's manuscript does not change its status as assignee. 3\) The work is posthumous, composite, or was made for hire. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-26" --> 1317 Renewal claimants: proprietors. (cont'd) 1317.06 Corporate body. (cont'd) 1317.06 (c) Corporate body: special circumstances. In cases other than those listed in section 1317.06 (b) above, registration on this basis will be strongly discouraged and will be made only when the applicant indicates that there were special circumstances under which the claim might conceivably be said to apply. Examples : 1\) Works to which the stockholders of a corporation have contributed indis- tinguishable parts. 2 ) Works written or created by members of a religious order or similar organiza- tion, when the individual authors never had a personal property right in the works. 3\) Works written by an official or major stockholder in a corporation, when the works were written directly for the corporation and the arrangement did not amount to employment for hire. 4\) Motion pictures, when the applicant asserts that the work was produced under special circumstances and was not copyrighted by an employer for whom the work was made for hire. 1317.07 Employer in the case of a work made for hire. The proprietor of the copyright shall be en- titled to claim renewal in works originally copyrighted by an employer for whom they were made for hire. See 17 U.S.C. 304. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-27" --> 1317 Renewal claimants: proprietors. (cont'd) 1317.07 Employer in the case of a work made for hire. 1317.07 (a) (cont'd) Employer-claimant. Generally, in order for this basis of claim to be acceptable, the original copyright claimant must have secured the copyright by virtue of his employment of the "author," rather than through any transfer of rights after the work was completed. 1317.07 (b) Determinations by Copyright Office. The Copyright Office will generally make no effort to determine whether or not a par- ticular agreement constituted employment for hire. * A renewal claim as "author" will be questioned when the original records of the registration state that the work was made for hire. * The claim will be registered if the individual was listed as "author" by virtue of being an employer in a work made for hire. * A renewal claim as "proprietor of copy- right in a work made for hire" will be questioned when the original copyright claimant was also the only author listed in the Copyright Office records. The claim will be refused if the person listed as "author" on the original records was not an employee for hire. However, if an explanation is offered indicating that the "author" was employed for hire, and inadvertently or by agreement with the employer, claimed copyright in his or her own name, the proprietor claim will be accepted. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-28" --> 1317 Renewal claimants: proprietor. (cont'd) 1317.07 Employer in the case of a work made for hire. (cont'd) 1317.07 (c) Work made for hire. In order for this claim to be applicable, as the Act explicitly states, the work must have been copyrighted by the employer for whom the work was made for hire. \* No provision is made under the literal terms of the Act for the case in which the work was made for hire, but the employer transferred his common-law literary property to a third person before either publication or registra- tion as an unpublished work. \* When this situation is presented, the Copyright Office will register a renewal claim as "proprietor of copyright in a work made for hire," but will point out that the law makes no specific provision for this situation. 1317.07 (d) More than one author. When more than one author contributed to a work, the renewal claimant need not specify that all of the authors were employed for hire. \* If only some of the authors were employed, this fact should appear on the renewal application. \* The Copyright Office will accept claims by authors or their beneficiaries and proprietors of copyright in a work made for hire on the same application, pro- vided that no patent inconsistency is presented. 1318 Joint renewal claimants. When the author is dead and there is more than one person in the class of beneficiaries entitled to renew under the statute, registration by one claimant secures renewal for all those who would have been entitled to claim. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-29" --> 1318 ## Joint renewal claimants. (cont'd) 1318.01 Several claimants, same application. When a number of different persons are entitled to claim renewal in the same work, the Copyright Office will accept their claims on a single application or on separate applications. It is not necessary that all possible claimants join in applying for registration in order to secure a renewal. If an application for a work is received after its renewal period has expired, and a renewal claim has already been registered in the name of another claimant, the Copyright Office will correspond and point out that it is too late for the registration of this renewal claim, but that registration has been made in the name of another claimant. 1318.02 Later application, same work. Once a renewal registration has been made, the Copyright Office will generally not accept a duplicate application for renewal registration on behalf of the same renewal claimant. 1318.03 Adverse claims. When an application is received that conflicts with a renewal claim which has already been registered, the Copyright Office will inform the second applicant of the con- flicting statements contained in the registered renewal claim, and will request an explanation. The later claim will be registered without further question, if the applicant reasserts it and the claim is not patently invalid. See also Chapter 100: BASIC POLICIES, section 108.06, concerning adverse claims. 1318.04 Adverse claims: conflicts concerning the author and the author's successors. 1\) When an earlier claim was registered in the name of an author's next of kin, and a new application is submitted in the name of the executor, the Copyright Office will request information concerning the existence of a will. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-30" --> ## Joint renewal claimants. (cont'd) 1318 1318.04 Adverse claims: conflicts concerning the author and the author's successors. (cont 'd) 2\) When a renewal claim was registered in the name of the author, and the widow (widower ) now claims, the Copyright Office will request the date of the author's death. If the date is earlier than that on which the first application was filed, registration will be made without further correspon- dence. If the author was living when registration was made in the author's name, the widow's (widower's) claim may also be registered as a doubtful case, despite the principle that renewal rights vest on the date of a valid registration. 1318.05 ## Adverse claims: conflicts concerning propri- etors, authors, and authors' successors. 1\) When a renewal claim was registered in the name of an individual author, and a new application is submitted as "proprietor of copyright in a work made for hire," the Copyright Office will request infor- mation concerning the circumstances under which the work was written. 2\) When a renewal claim was registered in the name of "a proprietor of copyright in a work made for hire," and a new application is submitted in the name of the individual author, the Copyright Office will request information concerning the circumstances under which the work was written. 3\) When a renewal claim was registered in the name of one of several authors, and a new renewal application is submitted as "pro- prietor of copyright in a work made for hire" without restricting the claim to the work of a particular author or authors, the Copyright Office will ask whether the claim covers the material written by the person <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1300-31" --> 1318 1318.05 ## Joint renewal claimants. (cont'd) Adverse claims: conflicts concerning propri- etors, authors, and authors's successors. (cont'd) 3\) (cont'd) in whose name registration has already been made. If so, registration will be made if the applicant reasserts the claim. If not, a new application should be submitted con- fining the claim to the material written by employees for hire. 4\) Where the original claim named an employer in a work made for hire as the author, and a renewal application names an individual author, the Copyright Office will write to the renewal applicant requesting informa- tion concerning the circumstances under which the work was written. If the appli- cant asserts that the work was not made for hire, the renewal claim will be registered on behalf of the author or the author's statutory heirs. 1319 Unacceptable renewal claims. The following general principles and practices govern the acceptability of renewal claims. 1319.01 Personal right. The right to claim renewal copyright is a personal right. 1319.02 Deceased person. A renewal claim cannot be registered in the name of a deceased person. The Copyright Office does not search to determine whether or not the renewal claimant is alive. If, however, the Copyright Office has information that the claimant died before the receipt in the Copyright Office of the renewal application, the Office will refuse to register the claim as submitted. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1319 Unacceptable renewal claims. (cont'd) 1319.03 Claimant not named, only status given. The renewal right accrues to an indi- vidual person or firm, and not to a status. Claims by "the Executor of James Fitzgerald" or "the executors of the author" or by "the next of kin of the author" without specifically naming the claimant are not accept- able. 1319.04 Claimant fails to qualify. The Copyright Office cannot register a renewal claim unless the basis of claim is one that is acceptable under the statute. If none of the claimants listed in the statute exists or can be identified, registration must be refused. 1319.05 Successors or representatives of claimants. The successors or representatives of a person who would have been entitled to claim renewal if still living, are unacceptable renewal claimants. For example, the executor of the author's widow is an unacceptable renewal claimant. 1319.06 Assignment of renewal interests. Registra- tion must be made in the name of the statutory claimant, even though the statutory claimant has assigned all of his or her interests in the renewal term. For example, registration cannot be made in the names of an "assignee," "proprietor, " "attorney in fact, " or "owner per agreement." 1319.07 Extent of claim. A renewal claim in a published work can cover only the material which was first published in that particular version of the work. 1319.07 (a) Later version. The original author of a published work cannot claim renewal in a later version of that work unless that author contributed to the new matter on which copyright in the later version was <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1319 Unacceptable renewal claims. (cont'd) 1319.07 Extent of claim. (cont'd) 1319.07 (a) Later version. (cont'd) claimed. For example, where it appears from the record that an author's original composition was published before an arrangement of it by another person, a renewal claim in the arrangement by the author, based on his original composi- tion, is unacceptable. 1319.07 (b) Revised published version. Where an author's original unpublished work was first published with an arrangement or other new matter by another person, the author's claim to renewal in the pub- lished work may be accepted. [END OF CHAPTER 1300] [1984] <!-- PageBreak --> ـر ) <!-- PageBreak --> # Chapter 1400 GROUP REGISTRATIONS This chapter is in preparation. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageBreak --> <!-- PageHeader="Chapter 1500" --> ## CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS; SUPPLEMENTARY REGISTRATIONS Outline of Topics 1501 Applicability of this chapter. 1502 Basic registrations. 1503 Means used for correcting and amplifying Copyright Office records. 1503.01 Supplementary registrations. 1503.02 Recordation of documents. 1503.03 Additional basic registrations. 1504 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. 1504.01 Supplementary registrations: corrections. 1504.02 Supplementary registrations : amplifications. 1504.03 Supplementary registrations: correcting or amplifying information in another supple- mentary registration. 1504.04 Supplementary registrations: when not appropriate. 1504.05 Supplementary registrations: basic regis- tration a prerequisite. 1504.06 Supplementary registrations: time limits. 1504.07 Supplementary registrations: persons entitled to submit application. 1504.08 Supplementary registrations: their effect. 1505 Recordation of documents: procedures used for correcting and amplifying Copyright Office records. 1505.01 Recordation of documents: corrections or amplifications of completed registrations. 1505.02 Recordation of documents: correction of error in recorded document. 1505.03 Recordation of documents: effect. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 1500 CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS; SUPPLEMENTARY REGISTRATIONS Outline of Topics" --> 1506 New basic registration: procedures used for correcting and amplifying Copyright Office records. 1506.01 New basic registration: time limits. 1506.02 New basic registration: effect. 1507 Special situations relating to corrections and amplifications of Copyright Office records. 1507.01 Special situations relating to ownership. 1507.02 Change in name or address of author or claimant. 1507.03 Change of domicile, citizenship, and place of publication. 1507.04 Problems relating to title of work. 1507.05 Problems relating to authorship. 1507.06 Problems relating to nature or extent of authorship. 1507.07 Problems relating to status of work. 1507.08 Problems relating to deposits. 1507.09 Problems relating to extent of claim. 1507.10 Problems relating to recorded documents. 1507.11 Examining Division error. 1507.12 Earlier registration not authorized. 1507.13 Problems relating to minor errors. 1507.14 Abandonment of copyright or copyright claim. 1508 Completion of Form CA. 1508.01 Completion of Form CA: identification of work. 1508.02 Completion of Form CA: correction space. 1508.03 Completion of Form CA: amplification space. 1508.04 Completion of Form CA: information not con- tained in appropriate space. 1508.05 Completion of Form CA: single form sufficient for correction and amplification. 1509 Effective date of supplementary registration. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 1500" --> # CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS; SUPPLEMENTARY REGISTRATIONS 1501 Applicability of this chapter. This chapter contains the practices to be followed in cor- recting or amplifying Copyright Office records; these practices are general in nature, and each case should be dealt with on its own merits. Moreover, this chapter does not deal with those errors in the record of a basic registration that the Office itself should have recognized at the time the registration was made; in such cases the Office will take appropriate measures to rectify its error. See 37 C.F.R. 201.5 (a) (2). Nor does this chapter deal with adverse contentions incident to registration. See section 108.06 of Chapter 100: BASIC POLICIES; see also sections 1318.04 and 1318.05 of Chapter 1300 : RENEWAL OF COPYRIGHT. 1502 Basic registrations. Most such corrections and amplifications involve "basic registrations." A "basic registration" means any of the following: (A) a copyright registration made under section 408 of the copyright law; (B) a renewal regis- tration made under section 304 of the copyright law; (C) a registration of claim to copyright made under the copyright law as it existed before January 1, 1978; or (D) a renewal regis- tration made under the copyright law as it existed before January 1, 1978. See 37 C.F.R. 201.5(a) (1) (i). Once a basic registration has been made in the Copyright Office for a work, that basic registration will ordinarily stand as the fundamental copyright record on which other, later records relating to the particular work can be built. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1503 Means used for correcting and amplifying Copy- right Office records. The following means are available for correcting or amplifying Copyright Office records. 1503.01 Supplementary registrations. A supplemen- tary registration to correct certain errors in a copyright registration or to amplify the information given in a copyright regis- tration is a special type of copyright registration provided for in the copyright law. See 17 U.S.C. 408(d). One supple- mentary registration may correct or amplify information in only one basic registration. 1503.02 Recordation of documents. A document to correct certain errors in a copyright registration or to amplify the information given in a registration may be recorded in the Copyright Office, provided that the requirements for recordation are met. See Chapter 1600: RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PERTAINING TO A COPYRIGHT. 1503.03 Additional basic registrations. Certain kinds of errors may be corrected only by making an additional basic registration. See also sections 1506 and 1507 below. 1504 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. A supplementary registration may be made either to correct or to amplify information given in a basic registration. The appropriate form prescribed by the Copyright Office for a supplementary regis- tration is Form CA. 1504.01 Supplementary registrations: corrections. A "correction" is appropriate if the infor- mation in the basic registration was incorrect at the time that basic registra- tion was made, and the error is not one that the Copyright Office itself should have recognized. See 37 C.F.R. 201.5(b) (2) (i). <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1504 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (cont'd) 1504.01 Supplementary registrations: corrections. (cont'd) Examples : 1\) A basic registration identified someone incorrectly as the author of the work. 2\) A work was registered as published when publication had not actually taken place. 3\) The statement of the extent of the claim is inaccurate. 1504.02 Supplementary registrations: amplifications. An "amplification" is appropriate in order to accomplish the following purposes : 1\) To reflect additional information that could have been given, but was omitted, at the time basic registration was made (e.g., a co-author's name was omitted) ; or 2\) To reflect changes in facts, other than those relating to transfer, license, or ownership of rights in the work, that have occurred since the basic registration was made (e.g., a change in the title of the work or a change in an author's or claimant's name) ; or 3\) To clarify information given in the basic registration (e.g., the statement of changes or additions in the version being registered was not sufficiently explicit) ; or See 37 C.F.R. 201.5(b) (2) (ii). 4\) To have individual titles in a collection indexed separately in the Copyright Office catalogs. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1504 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (cont'd) 1504.03 Supplementary registrations: correcting or amplifying information in another supple- mentary registration. Although a supple- mentary registration may be made to correct or amplify the information in any completed basic registration, a supplementary regis- tration cannot be made to correct or amplify the information contained in another supple- mentary registration. Where a supplementary registration contains an error, a new supplementary registration should be made to correct or amplify the information contained in the basic registration in question. 1504.04 Supplementary registrations: when not appro- priate. Supplementary registration is not appropriate: 1\) As an amplification to reflect the owner- ship, division, allocation, licensing, or transfer of rights in a work, whether at the time the basic registration was made or thereafter (see also section 1507.01 (b) below) ; or 2\) To correct errors in statements or notices on the copies or phonorecords of a work; or 3\) To reflect changes in the content of a work; or ; 4\) As a substitute for renewal registration; or 5\) To add a renewal claimant; or 6\) To change the basis of claim or change the renewal claimant after the renewal period has expired; or 7\) As a substitute for recording a transfer or other document pertaining to copy- right ownership. See 37 C.F.R. 201.5(b) (2) (ii), (iii), and (iv). <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-5" --> 1504 ## Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (cont'd) 1504.05 Supplementary registrations: basic registration a prerequisite. Supplementary registration can be made only if a basic copyright registration for the same work has already been completed. The application for supplementary registration must clearly identify the registration to be corrected or amplified. See 17 U.S.C. 408(d). 1504.06 Supplementary registrations: time limits. The following are time limits for making a supplementary registration. 1504.06 (a) To correct or amplify a basic original registration. As a general rule, supple- mentary registration to correct or amplify an original basic registration may be made at any time. However, for works which were published or registered or both before January 1, 1978, and are still subject to renewal registration, a supplementary registration affecting the original term of copyright can only be made during the first 28-year term. Example : A work is published and registered in 1954. An application for supplementary registration is submitted in 1983 to change the year date of publication to 1955. The application for supplemen- tary registration will be refused. 1504.06 (b) To correct a renewal registration. Supplementary registration to correct a renewal claimant or basis of claim in a basic renewal registration may be made only if the application for supplemen- tary registration and fee are received in the Copyright Office within the statutory time limits for renewal. If the error or omission in a basic renewal <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1504 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (cont'd) 1504.06 Supplementary registrations: time limits. (cont'd) 1504.06 (b) To correct a renewal registration. (cont'd) registration is extremely minor, and does not involve the identity of the renewal claimant or the legal basis of claim, supplementary registration may be made at any time. See 37 C.F.R. 201.5 (b) (2) (iv). 1504.07 Supplementary registrations: persons entitled to submit application. After a basic copyright registration has been completed, any author or other copyright claimant of the work, or the owner of any exclusive right in the work, or the duly authorized agent of any such author, other claimant, or owner, who wishes to correct or amplify the information given in the basic registration for the work may file an application for supplementary registration. See 37 C.F.R. 201.5(b) (1). 1504.08 Supplementary registrations: their effect. The following are effects of making a supplementary registration. 1504.08 (a) New registration number and certificate. The Copyright Office will assign to a supplementary registration a new regis- tration number in the appropriate class, and issue a certificate of supplementary registration under that number. See 37 C.F.R. 201.5 (d) (1). 1504.08 (b) Augmenting basic registration. The information contained in a supplementary registration augments but does not super- sede that contained in the basic regis- tration. The basic registration will not be expunged or cancelled. See 17 U.S.C. 408(d) and 37 C.F.R. 201.5(d) (2). [1984] <!-- PageBreak --> <!-- PageHeader="1500-7" --> 1504 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records. (cont'd) 1504.08 ## Supplementary registrations: their effect. (cont'd) 1504.08 (c) Cross-referencing. If the person who, or on whose behalf, an application for supplementary registration is submitted is the same as the person identified as the copyright claimant in the basic registra- tion, the Copyright Office will place a note referring to the supplementary registration on its records of the basic registration. See 37 C.F.R. 201.5(b) (1), note 3. The Office will follow the same practice with respect to an application for supplementary registration submitted by the duly authorized agent or successor in interest of the copyright claimant in the basic registration. NOTE: Successors in interest, for this purpose, are those who derive their title from the claimant, as for example, an assignee. 1505 Recordation of documents: procedures used for correcting and amplifying Copyright Office records. In certain cases a document may be recorded either to correct or to amplify information given in a basic registration. Such a document may be recorded at any time. See also Chapter 1600: RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PERTAINING TO A COPYRIGHT. 1505.01 Recordation of documents: corrections or amplifications of completed registrations. Ordinarily, when a person who is entitled to file an application for supplementary regis- tration wishes to correct or amplify a copy- right registration, an application for supple- mentary registration should be submitted. See section 1504.07 above. However, if an appli- cation for supplementary registration is not appropriate, or if the application for supple- mentary registration is appropriate but the <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1505 Recordation of documents: procedures used for correcting and amplifying Copyright Office records. (cont'd) 1505.01 Recordation of documents: corrections or amplifications of completed registrations. (cont'd) sender insists on the recordation of a docu- ment, an affidavit or signed statement out- lining the error or amplification may be recorded in the Copyright Office. In some instances, recordation of a document supporting the basis for registration of a claim to renewal copyright is required before regis- tration can be made. Example : Where a renewal claim is submitted by an author whose name neither appears in the records of the original registration nor in a supplementary registration which has been cross-referenced to the original regis- tration and the omission cannot be satis- factorily explained, registration of a renewal claim in that author's name will generally be made only if a document supporting the claim of authorship is recorded. 1505.02 Recordation of documents: correction of error in recorded document. Where errors in a document are discovered following recordation, no changes in the completed record can be made, but the sender may adopt one of three alternatives: 1\) Submit the corrected document for recordation. 2\) Submit a completely new document for recordation. 3\) Record an affidavit or other signed statement describing the error in the previously recorded instrument. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1505 Recordation of documents: procedures used for correcting and amplifying Copyright Office records. (cont'd) 1505.03 Recordation of documents: effect. Generally, where a supplementary registration is prefer- able, but the sender submits a document for recordation, the Copyright Office will corres- pond with the sender, pointing out that no annotation will be made on the application for the basic registration. If the sender persists in requesting recordation, the document will be recorded. 1506 New basic registration: procedures used for correcting and amplifying Copyright Office records. Ordinarily, when an applicant wishes to correct or amplify a copyright registration, a supplementary registration is suggested. However, in some instances, a supplementary registration is not appropriate, as explained in section 1507 below, and the Copyright Office will suggest that a new basic registration be made. 1506.01 New basic registration: time limits. A new basic original registration may be made, if otherwise appropriate, at any time within the life of the copyright. A new basic renewal registration must generally be made within one year prior to the expiration of the original term of copyright. See Chapter 1300: RENEWAL OF COPYRIGHT. 1506.02 1507 New basic registration: effect. A basic registration generally stands by itself. Where, however, a new basic registration is made to correct an earlier basic registration, the earlier basic registration will be anno- tated to reflect the later registration. Special situations relating to corrections and amplifications of Copyright Office records. The following are examples that present problems relating to corrections and amplifications of Copyright Office records. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-10" --> ## Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.01 Special situations relating to ownership. As explained in section 1504.01 above, a supple- mentary registration is generally the appro- priate method for either correcting or amplifying the statement of ownership of an earlier registration. However, in some instances, a new basic registration may be acceptable. Example : Where someone other than the author is incorrectly identified as copyright claimant in a registration, another basic registration for the same version may be made by the author in his or her own name as copyright claimant. 1507.01 (a) Supplementary registration acceptable: additional authors or claimants. Where the basic original registration was made in the name of one author who is also listed as sole claimant, the Copyright Office will accept an application for supplementary registration from additional authors who now want the record to show their author- ship and ownership. However, in such cases a new basic registration may be made if the applicant so desires. 1507.01 (b) Supplementary registration not appropriate. As explained in section 1504.04 above, a supplementary registration is not appro- priate as an amplification to reflect the ownership, division, allocation, licensing, or transfer of rights in a work, whether at the time basic registration was made or thereafter. Examples : 1) Authors A and B are identified as co-claimants on the basic registration but they wish to reflect an allocation of ownership of 25 percent to A and 75 <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1507 Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.01 ## Special situations relating to ownership. (cont'd) 1507.01 (b) Supplementary registration not appropriate. (cont'd) Examples: (cont'd) 1\) (cont'd) percent to B. A supplementary regis- tration is not acceptable. An appro- priate document may be submitted for recordation. 2\) A and B are named as co-authors and co-claimants of the words and music to three songs covered by a single unpublished registration. A wishes the records of the Copyright Office to reflect that he was the sole author and claimant of the words and music to two of the songs and that he and B are co-authors and co-claimants of only the third song. The Office will accept an application for supplementary regis- tration to correct the authorship and ownership of the two songs authored by A, and to show that the claim covers only those two songs in the original collection. Also, a new basic regis- tration should be made for the song which was co-authored by A and B. 1507.01 (c) Transfer of ownership. Where an appli- cation for supplementary registration is submitted to reflect a transfer of copy- right ownership, the Copyright Office will refuse registration but will suggest the recordation of the document of transfer. The Office will not make a supplementary registration as a means of reflecting a transfer of ownership. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-12" --> # Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.01 Special situations relating to ownership. (cont'd) 1507.01 (d) Supplementary registration requested to correct statement as to rightful claimant. An application for supplementary regis- tration may be accepted to correct a statement as to the rightful claimant in an unpublished registration effective on or after January 1, 1978, or a work first published after that date. See also section 1507.01 (a) above. NOTE: Thus, where a registration was authorized but the wrong name was given as claimant, the Copyright Office will accept an application for supplementary registra- tion. 1507.01 (e) Statutory copyright secured before 1978. Where statutory copyright was secured before 1978, and the allegation is that a different claimant owned the copyright at the time of basic registration, the Copyright Office will refuse an application for supplementary registration. A document conveying rights from the original claimant of record may be recorded. 1507.02 Change in name or address of author or claimant. Where an applicant wishes to correct an error or have the records of the Copyright Office reflect a change in the name or address of the author or claimant in a basic registration, the Copyright Office will accept an application for supplementary registration. If the applicant so requests, the Office will record a document reflecting such correction or change. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1507 Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.02 Change in name or address of author or claimant. (cont'd) Example : The basic registration indicates that Jane Adams is the claimant. An application for supplementary registration is submitted to change the claimant's name to her married name, Jane Adams Morgan. A supplementary application reflecting such a change is appropriate. 1507.02 (a) Change or error in name of corporate entity or other organization. When an applicant wishes to have the records of the Copyright Office reflect a change in the name of a corporate entity or other organization, the Copyright Office will accept an application for supplementary registration, and where it is likely that an official document changing the name exists, the Office may suggest that the document be recorded. 1507.03 Change of domicile, citizenship, and place of publication. Where an applicant wishes to correct an error in the basic registration with respect to the domicile or citizenship of an author or the place of publication of a work, the Copyright Office will generally accept an application for supplementary registration. If, however, the correction would affect the eligibility of the work for U.S. copyright protection, the Office will write and point out to the sender the consequences. If the work was not eligible for U.S. copyright protection on the effective date of the basic registration, that registration will be cancelled. The application for supplementary registration will be filed without action. NOTE: In no case will the acceptance by the Copyright Office of an application for supplementary registration result in the cancellation of a preexisting basic registration, unless the applicant on the supplementary registration is the same as the applicant on the basic registration. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.04 Problems relating to title of work. Where an applicant wishes to reflect a change or correction of title or the addition of a sub- title in a basic registration, the Copyright Office will accept an application for supple- mentary registration. The recordation of a document should not be suggested for the purpose of reflecting a change of title. Nevertheless, the Office will record such a document if the sender insists, after the sender has been notified that no annotation will be made on the application or catalog entries of the basic registration. 1507.05 Problems relating to authorship. Problems relating to authorship include the following. 1507.05 (a) Problems relating to authorship: name of author omitted. Where the name of an author was omitted from the application for the basic registration, supplementary registration is appropriate. In those cases where a transfer statement would have been required on the application for the basic registration, if that author's name had been included, a transfer statement will be required on the application for supplementary registration. Where the name of the person being added did not appear anywhere on the records of registration, some documentation confirming that the person is an author may be requested. 1507.05 (b) Problems relating to authorship: deletion of name. Where applicant states that the application for basic registration errone- ously included a name as author which the applicant wishes to delete, the Copyright Office will accept an application for supplementary registration. In certain instances, the Office may request addi- tional supporting statements. <!-- PageFooter="[1984]" --> <!-- PageBreak --> Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) Problems relating to authorship. (cont'd) 1507.05 1507.05 (c) Problems relating to authorship: employment- for-hire statement omitted, given in error, or stated erroneously. Where an employ- ment-for-hire statement was either omitted, given in error, or stated erroneously, the Copyright Office will accept an application for supplementary registration which should include in appropriate cases a new or corrected transfer statement. 1507.06 ## Problems relating to nature or extent of authorship. Where an applicant wishes either to correct or to amplify the statement of the nature of authorship on a basic registration, an application for supplementary registration may be submitted. In certain instances, it will be necessary to examine the work either by obtaining the deposited material or by requesting additional material from the applicant or from the collections of the Library of Congress. Examples : 1\) The original registration limited the claim to compilation. An application for supple- mentary registration is submitted to make "editing" the basis of the claim. If statements on the copy suggest that there is substantial editing, the supplementary claim will be registered. 2 ) An application for supplementary regis- tration is submitted adding a new author whose only contribution is "cover art." Examination of the copy reveals that the artwork on the cover is not registrable. Supplementary registration will be refused. <!-- PageFooter="[1984]" --> <!-- PageBreak --> # Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.07 Problems relating to status of work. The following problems relate to the status of a work. 1507.07 (a) Published work registered as unpublished. Where a published work was incorrectly registered as unpublished, a supplementary registration is generally inappropriate, since the deposit requirements will not ordinarily have been met. In such cases, a new basic registration should be made. See also section 1507.08(d). 1507.07 (b) Unpublished work registered as published. Where an unpublished work was registered as published, the Copyright Office will accept an application for supplementary registra- tion. 1507.07 (c) Incorrect date of creation. Generally, the Copyright Office will accept an application for supplementary registration to correct the statement of the date of creation of a work. However, the date of creation given in the supplementary registration must be the same as, or earlier than, the year date of the effective date of the basic regis- tration, or if the work is published, the year date must be the same as, or earlier than, the year of first publication. 1507.07 (d) Incorrect date of publication. Generally, the Copyright Office will accept an application for supplementary registration to correct the date of publication of a work. However, in the case of a work published before January 1, 1978, the Office will refuse to accept an application for supplementary registration correcting the date of publication if, according to the records of the basic registration, the original term of copyright has expired. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.07 1507.07 (d) ## Problems relating to status of work. (cont'd) Incorrect date of publication. (cont'd) NOTE: In all cases involving a change in the date of publication, the Examiner must also consider the deposit requirements applicable on the effective date of the basic registration. See section 1507.08 below. 1507.07 (d) (1) Applicable notice requirements. If the work was published before 1978, the Examiner must also consider the applicable notice requirements. See the provisions of Chapter 4 of Compendium I, including situations where no notice was required, under the Regulations of the Copyright Office then in effect, for certain works first published outside the United States. In the case of works published before 1978, the following practices apply: \* If the change in the date of publi- cation makes the notice antedated, the application for supplementary registration will be annotated to reflect the date in the notice. The applicant must be notified as to the effect upon the term of copyright. \* If the change in the date of publi- cation makes the notice postdated by more than one year, supplementary registration will be refused, and the original registration will be cancelled. \* If the change in the date of publi- cation makes the notice postdated by one year, supplementary regis- tration will be made and the applicant will be notified of the doubtful validity of the claim. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-18" --> # Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.07 Problems relating to status of work. (cont'd) 1507.07 (d) Incorrect date of publication. (cont'd) 1507.07(d) (1) Applicable notice requirement. (cont'd) NOTE: If the work was published before 1978 without the required notice, supple- mentary registration will be refused and the original registration will be cancelled. 1507.08 Problems relating to deposits. Supplementary registration can be used only to correct errors or amplify facts stated in an earlier application for a registration that has been completed. An application for supplementary registration is not appropriate to correct a defect in the deposit, changes in the content of the work, or errors in statements or notices on the copies or phonorecords of the work in question. Also, where a change in the date of publication results in the applicable deposit requirements not being satisfied, a new basic registration would be in order, since an appropriate deposit should be submitted. 1507.08 (a) New versions. If a work has been changed since registration was made, and if the changes are sufficient to be the basis of a registration, the proper procedure would be to make a basic registration for the revised version to reflect the additions or revisions. 1507.08 (b) Addenda and errata sheets. Where the applicant voluntarily deposits addenda or errata sheets for published works to be included and/or attached to the deposit copies after registration has been com- pleted, such items should be referred with <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-19" --> Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.08 Problems relating to deposits. (cont'd) 1507.08 (b) Addenda and errata sheets. (cont'd) a memorandum of transmittal to the Chief, Acquisitions and Processing Division of the Copyright Office. Where the material to be substituted or added to the deposit copy of an unpublished work contains sufficient copyrightable new matter to support a new registration, the Copyright Office will suggest that a new basic registration be made for the revised version. 1507.08 (c) Addition or correction of copyright notice. Neither a supplementary registration nor a new basic registration is appropriate to reflect the addition or correction of a copyright notice on copies or phonorecords deposited to make an earlier registration. 1507.08 (d) Applicable deposit requirements not met. Where the applicable deposit requirements were not met, a new basic registration is in order. Examples : 1\) The basic registration indicates that the work was unpublished; the applicant now states that on the effective date of registration the work was actually published. A new application for a basic registration should be submitted with the required deposit and fee. 2 ) The basic registration states that the work was first published in 1979. The applicant now asserts that the work was actually first published in 1977. Since copies as first published are required for works first published before 1978, an application for a basic registration <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-20" --> ## 1507 Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.08 Problems relating to deposits. (cont'd) 1507.08 (d) Applicable deposit requirements not met. Tcont'd) Examples: (cont'd) 2) (cont'd) accompanied by the required deposit should be submitted. If, however, the work was first published without an acceptable copyright notice, the basic registration will be cancelled. 3) A published registration made in 1978 gives the date of publication as December 27, 1977. The applicant now states that the work was actually published on November 5, 1978. If the copies or phonorecords deposited in connection with the earlier regis- tration were not of the best edition as of the effective date of that regis- tration, a new basic registration should be made. If, however, the copies deposited earlier are the best editions as of the date of the first registration, a supplementary regis- tration may be made to correct the date of publication. 1507.09 Problems relating to extent of claim. The Copyright Office will accept an application for supplementary registration in order to add, correct, or amplify a statement relating to the extent of claim which was omitted or given in error on the basic registration. Ordinarily, examination of the original deposit will be necessary. 1507.10 Problems relating to recorded documents. A supplementary registration is not appropriate to change the contents of a document previously recorded in the Copyright Office. See section 1505.02 above. <!-- PageFooter="[1984]" --> <!-- PageFooter="☒" --> <!-- PageBreak --> <!-- PageHeader="1500-21" --> ### Special situations relating to corrections and amplifications of Copyright Office records. (cont'd) 1507.11 Examining Division error. Where it is dis- covered that the record of a basic registration contains an error that the Copyright Office itself should have recognized at the time registration was made, supplementary regis- tration is not appropriate. The Office will take measures to rectify its error. See 37 C.F.R. 201.05 (a) (2). 1507.12 Earlier registration not authorized. If an applicant states that an earlier registration was made without the authorization of a person legally entitled to apply for registration, the Copyright Office will suggest that a complete new registration be made by the applicant. No cross reference will be made on either regis- tration. See section 108.06 of Chapter 100: BASIC POLICIES. 1507.13 Problems relating to minor errors. An appli- cation for supplementary registration that has been filed to correct what may seem to be even extremely minor errors or changes will not be refused. Examples : 1) Title on certificate: SWAN SONG Title on deposit: THE SWAN SONG Title as corrected on Form CA: THE SWAN SONG 2) Title on certificate: I'LL LOVE YOU Title on deposit: I'LL LOVE YOU Title as changed on Form CA: I'LL LOVE YOU ( FOREVER) <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-22" --> Special situations relating to corrections and amplifications of Copyright Office records. Tcont'd) #### 1507.13 Problems relating to minor errors. (cont'd) 3\) Name on certificate: John Munroe Name on deposit: John D. Munroe Name as amplified on Form CA: John Drummond Munroe 4\) Name on certificate: Jonh Francis Bacon Name on deposit: John F. Bacon Name as corrected on Form CA: John Francis Bacon 5\) "Material Added" statement on certificate: additional words and music. New matter as amplified on Form CA: words in chorus added and 16 bars of new music. 1507.14 Abandonment of copyright or copyright claim. There is no provision in the copyright statute for abandoning a copyright or copyright claim or any of the rights therein. However, the Copyright Office will record an affidavit or other statement, signed by all of the copyright owners, purporting to abandon the copyright, without expressing any opinion concerning its legal effect. In such cases, the Copyright Office will request the return of the original certificate of registration. 1508 Completion of Form CA. The information provided on Form CA should agree exactly with the information as it already appears in the basic registration that has been made for the work. Generally, the Form CA should be compared with the basic regis- tration to be corrected or amplified. 1508.01 Completion of Form CA: identification of work. To identify the work, the following information should be given : <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-23" --> 1508 ### Completion of Form CA. (cont'd) 1508.01 Completion of Form CA: identification of work. (cont'd) 1\) The title of the work as it appears in the basic registration, including previous or alternative titles, if they appear; 2 ) The registration number of the basic registration; 3\) The year when the basic registration was completed; and 4\) The name or names of the author or authors of the work, and the copyright claimant or claimants in the work, as they appear in the basic registration. See 37 C.F.R. 201.5(c) (1) (i) to (iv). 1508.01 (a) Minor error. If certain information given on the Form CA is incorrect, and the error is minor, the Copyright Office may correct the error without correspondence. 1508.01 (b) Missing information. If less than all the information requested above in section 1508.01 is given, but sufficient infor- mation (more than a title) is given to identify the basic registration with certainty, the Copyright Office will add by annotation the missing information from its records at the appropriate space on the application form. Where the information given on the Form CA is insufficient to identify the basic registration, the Office will communicate with the applicant. 1508.02 Completion of Form CA: correction space. This space should be completed only if the infor- mation in the basic registration was incorrect at the time the basic registration was made. The following information should be given: <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-24" --> 1508 Completion of Form CA. (cont'd) 1508.02 Completion of Form CA: correction space. (cont'd) 1\) The line number and heading or description of the part of the basic registration where the error occurred; 2 ) A transcription of the erroneous infor- mation as it appears in the basic regis- tration; 3\) A statement of the correct information as it should have appeared; and 4\) If applicant so desires, an explanation of the error or its correction. See 37 C.F.R. 201.05 (c) (1) (v). 1508.03 Completion of Form CA: amplification space. This space should be completed only for the following reasons : 1\) To reflect additional information that could have been given, but was omitted at the time basic registration was made; or 2\) To reflect changes in facts, other than those relating to transfer, license, or ownership of rights in the work, that have occurred since the basic registration was made; or 3\) To clarify information given in the basic registration. 1508.03 (a) Amplification space: information required. The following information should also be given: 1\) The line number and heading or descrip- tion of the part of the basic registra- tion where the information to be amplified appears; <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1500-25" --> 1508 Completion of Form CA. (cont'd) 1508.03 1508.03 (a) Completion of Form CA: amplification space. (cont'd) Amplification space: information required. (cont'd) 2) A clear and succinct statement of the information to be added; and 3) If applicant so desires, an explanation of the amplification. See 37 C.F.R. 201.5 (c) (1) (vi) . 1508.04 Completion of Form CA: information not con- tained in appropriate space. Where the corrected or amplified information is not contained in the appropriate space, but appears elsewhere on the application form, the claim will generally be registered without corres- pondence. 1508.05 Completion of Form CA: single form suffi- cient for correction and amplification. A single Form CA may be used both to amplify and to correct a particular basic registra- tion. Example : A single Form CA may be used to show a change of title and to correct the name of an author. 1509 Effective date of supplementary registration. The effective date of a supplementary registration is the date when the Copyright Office receives the required fee and a request for a correction or amplification which reasonably identifies the work. [END OF CHAPTER 1500] <!-- PageFooter="[1984]" --> <!-- PageBreak --> 一 <!-- PageBreak --> <!-- PageHeader="Chapter 1600" --> # RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PERTAINING TO A COPYRIGHT Outline of Topics 1601 1602 Applicability of this chapter. Statutory provisions relating to transfers and other documents pertaining to a copyright. 1602.01 1602.02 Execution of transfers of copyright ownership. Recordation of transfers and other documents: con- ditions for recordation. 1603 ## Copyright Office policy. 1603.01 General rule. 1603.02 Exceptions. 1603.03 Other documents pertaining to a copyright. 1603.04 Recordation not required. 1603.05 When recordation suggested. 1604 The nature of the document. 1604.01 Recordation not a substitute for registration. 1604.02 Relationship between document and copyright unclear. 1604.03 Document apparently submitted in error. 1605 Formal sufficiency of document. 1605.01 Instrument in writing. 1605.02 Actual signature. 1605.03 Illegible document. 1605.04 Signature of transferor. 1605.05 Apparent inconsistency. 1605.06 Authority to sign. 1605.07 Signature of individual. 1605.08 Signatures required on work-for-hire agreements. 1606 Identification of parties. 1606.01 Failure to identify necessary parties. 1606.02 Indexing. 1606.03 One-party documents. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 1600 RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PER- TAINING TO A COPYRIGHT Outline of Topics" --> \- 2 - 1607 Identification of subject of document. 1607.01 Failure to identify work. 1607.02 Titles. 1607.03 No titles given. 1607.04 Outside sources. 1608 Transfer documents: words of conveyance. 1608.01 No clear words of conveyance. 1608.02 Intention manifest. 1609 Completeness of document. 1609.01 Attachments. 1610 Incorporation by reference. 1611 Part of a larger document. 1612 Other formal requirements. 1612.01 Freedom from obvious errors. 1612.02 Date of execution. 1612.03 Certificate of acknowledgment. 1613 Documents to correct or amplify Copyright Office records. 1614 Recordation. 1614.01 Date of recordation. 1614.02 Indexing. 1614.03 Amendments in document submitted for recordation. 1614.04 Recordable document returned. 1614.05 Recording fees. 1614.06 Separate transfers. 1614.07 Titles. 1614.08 Pages. ☒ ☒ <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="Chapter 1600 RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PER- TAINING TO A COPYRIGHT Outline of Topics" --> 1615 ### Termination of transfers and licenses granted by the author under the extended renewal term. 1615.01 Statutory provision. 1615.02 Advance notice and service. 1615.03 Time limits. 1615.04 Forms. 1615.05 Contents of notice. 1615.06 Signature. 1615.07 Service. 1615.08 Scope of examination. 1615.09 Recordation. 1615.10 Recordation without prejudice. 1615.11 Date of recordation. 1616 Termination of transfers and licenses granted by the author on or after January 1, 1978. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ) <!-- PageBreak --> # Chapter 1600 RECORDATION OF TRANSFERS AND OTHER DOCUMENTS PERTAINING TO A COPYRIGHT 1601 Applicability of this chapter. This chapter contains the requirements for the recordation of transfers and other documents pertaining to a copyright under 17 U.S.C. 205, and the termination of transfers and licenses granted by the author covering the extended renewal term under 17 U.S.C. 304(c). The practices concerning the filing or recordation of the following documents are not included either in this chapter or elsewhere in Compendium II, and requirements other than those in this chapter may apply. 1\) Notices of Identity and Signal Carriage Complement, and Statement of Account of cable systems. See 17 U. S.C. 111 (d) and 37 C.F. R. 201.11 and 201.17. 2\) Certain contracts entered into by cable systems located outside of the 48 contiguous States. See 17 U.S.C. 111 (e) and 37 C.F.R. 201.12. 3\) Original, signed notices of intention to obtain compulsory license to make and distribute phono- records of nondramatic musical works. See 17 U.S.C. 115 (b) and 37 C.F.R. 201.18. 4\) License agreements, and terms and rates of royalty payments, voluntarily negotiated between one or more public broadcasting entities and certain owners of copyright. See 17 U.S.C. 118 and 37 C.F.R. 201.9. 5\) Notification of filing and determination of actions. See 17 U.S.C. 508 and Federal Register for June 2, 1978, 43 Fed. Reg. 24151 (1978), as modified in Federal Register for June 19, 1980, 45 Fed. Reg. 41548. 6\) Statements regarding the identity of authors of anonymous and pseudonymous works, and statements relating to the death of authors. See 17 U.S.C. 302. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1602 Statutory provisions relating to transfers and other documents pertaining to a copyright. The following are the principal statutory provisions relating to transfers and other documents pertaining to a copy- right. 1602.01 Execution of transfers of copyright ownership. A transfer of copyright ownership, other than by operation of law, is not valid unless an instru- ment of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent. 17 U.S.C. 204. 1602.02 Recordation of transfers and other documents: con- ditions for recordation. Any transfer of copyright ownership or other document pertaining to a copy- right may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document. 17 U.S.C. 205 (a). 1603 Copyright Office policy. The Copyright Office will generally not attempt to judge the legal sufficiency or interpret the substantive contents of a purported transfer; recordation will be made if the formal requirements have been met. However, a document will be examined to determine whether the requirements for recordation have been met. 1603.01 General rule. If the document purports to be a transfer of a copyright and is signed by the owner of the rights conveyed, the owner's authorized agent, or one entitled to make the transfer, it will be indexed as a "transfer." 1603.02 Exceptions. In exceptional cases, where it seems clear that the recordation of a document will not accomplish what was intended by the person who submitted it, the Copyright Office will in the first instance communicate with that person. If such person reasserts his or her request for recordation, the Copyright Office will record the document. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Copyright Office policy. (cont'd) Other documents pertaining to a copyright. Any other document, including a self-serving declara- tion, will be recorded in the Copyright Office, if it pertains to a copyright. A document shall be considered to "pertain to a copyright" if it has a direct or indirect relationship to the existence, scope, duration, or identification of a copyright, or to the ownership, division, allocation, licens- ing, transfer, or exercise of rights under a copy- right. That relationship may be past, present, future, or potential. See 37 C.F.R. 201.4. 1603.04 Recordation not required. In general, the Copy- right Office does not require the recordation of documents. However, in certain cases, recordation of an affidavit or other document may be required as a condition of renewal registration or of anno- tation of completed Copyright Office records. Example : Where a renewal claim is submitted by an author whose name appears nowhere in the Copyright Office records in connection with the original registration and the omission of his or her name cannot be satisfactorily explained, regis- tration of a renewal claim in that author's name will be made only if a document supporting the claim of authorship is recorded. 1603.05 When recordation suggested. Even though the Copyright Office does not generally require recordation of documents, it may point out the recordation provisions of the law and suggest the desirability of recording an instrument. Example : An application for registration is submitted where a claim in the same work has already been registered in the name of the prior owner of copyright. When the second registration is sought to reflect the change of ownership, the Copyright Office will refuse to make a second registration, but will point out the desir- ability of reflecting the change in ownership by recording the instrument of transfer. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1604 The nature of the document. The document may be questioned by the Copyright Office, unless it perceives some direct or indirect relationship to a copyright. Examples : 1\) A bill of sale of a business. 2\) A birth or death certificate. 3\) A blanket power of attorney. 1604.01 Recordation not a substitute for registration. A document may be recorded even if a claim to copy- right in the work to which it refers has not been registered for copyright. However, where it is clear that the applicant is seeking to substitute recordation of a document for registration of a claim, or to assert by recordation a claim for which registration would be refused, recordation of the document will be discouraged. 1604.02 Relationship between document and copyright unclear. Where the relationship between the document to be recorded and copyright is unclear or obscure, recor- dation will be delayed and the sender may be asked his or her purpose in submitting the instrument. Examples : 1\) ) A document consisting of a collection of newspaper clippings referring to a night- club performer. 2\) A bill of lading referring to a shipment of motion picture films. 1604.03 Document apparently submitted in error. Where it seems probable that the document has been submitted to the Copyright Office in error, it may be ques- tioned or, in clear cases, returned without recor- dation. Example : An assignment of rights in a trademark or patent. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1600-5" --> 1605 Formal sufficiency of document. In order to be regarded as a "transfer," a document must generally meet the following formal requirements : 1\) It must be "an instrument in writing." 2\) It must be signed by the owner of the rights con- veyed or by such owner's duly authorized agent. 3\) It must identify the transferor and transferee. 4\) It must contain words of conveyance. 5\) ) It must be complete by its own terms. 1605.01 Instrument in writing. To be recordable, the instrument must be in writing. The Copyright Office does not provide, suggest, or require any special form for the transfer of a copyright or other document pertaining to a copyright. Any type of legible document which meets the other formal requirements will be accepted for recordation, if it contains an individual's actual signature. Examples : 1\) Handwritten or typewritten original. 2\) Transfer in the form of a letter. 3\) Carbon of original. 4\) Mimeographed original. 5\) Printed original. 1605.02 Actual signature. To be recordable, the document must bear the actual signature or signatures of the person or persons who executed it. Alternatively, the document may be recorded if it is a legible photocopy or other full-size facsimile reproduction of the signed document, accompanied by a sworn certification or an official certification that the reproduction is a true copy of the signed document. Any sworn certification accompanying a reproduction shall be signed by at least one of the persons who <!-- PageFooter="[1984]" --> <!-- PageBreak --> Formal sufficiency of document. (cont'd) Actual signature. (cont'd) 1605 1605.02 executed the document, or by an authorized repre- sentative of that person. See 17 U.S.C. 205 and 37 C.F.R. 201.4 (c) (1) . 1605.02 (a) Sworn certification. A "sworn certification" is an affidavit under the official seal of any officer authorized to administer oaths within the United States, or if the original is located outside of the United States, under the official seal of any diplomatic or consular officer of the United States or of a person authorized to administer oaths whose authority is proved by the certificate of such an officer, or a statement in accordance with section 1746 of title 28 of the United States Code. 37 C.F.R. 201.4 (a) (3) (i). 1605.02 (b) Official certification. An "official certi- fication" is a certification, by the appro- priate Government official, that the original of the document is on file in a public office and that the reproduction is a true copy of the original. See 37 C.F.R. 201.4 (a) (3) (ii) . Examples : 1) Copy of a certificate of corporate merger, bearing the certification of the Secretary of State. 2) Court decree establishing a change of name of a person, certified by the clerk of the court. 1605.03 Illegible document. An illegible document or one which cannot be reproduced legibly on microfilm will not be accepted for recordation. See 37 C.F.R. 201.04(c) (3). 1605.04 Signature of transferor. As a rule, the document to be recorded should contain the actual handwritten signature of the person executing the document or of such owner's duly authorized agent. See 37 C.F.R. 201.4 (c) (1) . <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1605 1605.04 1605.04 (a) Formal sufficiency of document. (cont'd) Signature of transferor. (cont'd) Unsigned document. An unsigned document will be returned for signature before recordation. 1605.04 (b) Two-party instrument. In the case of a two- party instrument which on its face calls for the signature of both parties, the lack of the signature of one of the parties will be ques- tioned. 1605.04 (c) Multi-party instrument. If a number of transferors are identified in the body of the document, and spaces have been provided for the signatures of all of them, the document will be questioned if any of the signatures is missing, unless an additional copy of the document containing the missing signatures is submitted for recordation at the same time. Each such instrument of transfer is indexed only under the particular signatures it contains. 1605.04 (d) Signature of transferee not required. The signature of the transferee is not a require- ment, and the lack of the transferee's signa- ture will not be questioned unless the instru- ment involves mutual undertakings requiring the transferee's signature for its validity. 1605.05 Apparent inconsistency. When there is an apparent inconsistency between the person named in the body of an instrument as transferor and the person whose signature appears on it, the document is questioned. 1605.05 (a) Corporation or other impersonal legal entity as transferor. If the transferor is a corporation or other impersonal legal entity, the capacity of the individual executing the document on behalf of the transferor should be specified. If, however, the capacity is not shown on the document, the Copyright Office will generally not question the omission. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1605 1605.05 Formal sufficiency of document. (cont'd) Apparent inconsistency. (cont'd) 1605.05 (b) Document signed by legal representative or attorney-in-fact. If the document has been signed by a legal representative (e.g., executor, administrator, or trustee) or attorney-in-fact of an individual, the document will be questioned unless the individual's capacity is specifically stated. 1605.05 (c) Reconcilable variance between names: indexing. When there is a reconcilable variance between the signature on the document and the name of the transferor appearing in the body of the document, the instrument will generally be indexed under what can be determined to be the fullest form of the legal name. The document will generally not be indexed under the name of an agent or official of a corporation or other impersonal legal entity, although cross- references under his or her name may be appro- priate in certain cases. Where the document has been signed by a legal representative or attorney-in-fact, it will be indexed under the name of the person whom the signer represents, and cross-references may be made under the name of the signer. 1605.06 Authority to sign. The Copyright Office does not conduct searches in order to determine whether a document has been signed by the owner of the copy- right as shown in its records; nor will it question the authority of a particular person to sign as copyright owner. However, if the capacity indi- cated in the instrument is not one that would ordinarily entitle the person to bind the organi- zation, the Copyright Office will request clari- fication before completing the processing of the document. Examples : 1\) A document executed on behalf of a publishing company signed by an attorney purporting to represent the company will not be questioned. 2 ) A transfer of copyright in a musical work executed by the publisher's bookkeeper will be questioned. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1605 1605.06 Formal sufficiency of document. (cont'd) Authority to sign. (cont'd) 1605.06 (a) Signer is not copyright owner. In certain cases, where it seems clear from correspondence or other material in the file that the person signing the document is not the copyright owner, the Copyright Office will call the discrepancy to the attention of the sender, but will not refuse to record the document if the sender continues to request recordation. 1605.06 (b) Contribution to a periodical. No question will ordinarily be raised in the case of a transfer of copyright in a contribution to a periodical signed in the name of the periodical rather than that of its publisher. Example : Transfer of copyright in a magazine article is signed in the name of The Saturday Eve- ning Post rather than its publisher, Curtis Publishing Company. 1605.07 Signature of individual. As a rule, the signature should be the actual handwritten signature of an individual person, and should give the individual's own name rather than that of the person or organi- zation he or she may represent. Examples : 1\) A pencil signature is acceptable. 2\) A hand-printed signature is acceptable. 3\) A printed, typewritten, rubber-stamped, or facsimile signature will be questioned. 4\) A person's mark is acceptable if accompanied by another person's signature attesting to its authenticity. 5\) The signature need not be legible or include the full name of the signer, if the name is sufficiently identified elsewhere in the document; but initials or a monogram will generally not be regarded as a signature. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1600-10" --> 1605 ## Formal sufficiency of document. (cont'd) 1605.08 Signatures required on work-for-hire agreements. The statute defines a work made for hire as a work prepared by an employee within the scope of his or her employment, or a work specially ordered or com- missioned for use as a contribution to a collective work, as a part of a motion picture or other audio- visual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. See 17 U.S.C. 101. An employment for hire agreement signed by both parties may be recorded in the Copyright Office under 17 U.S.C. 205 as a "document pertaining to a copyright." However, if the agreement is not signed by both parties, the Copyright Office will call this omission to the attention of the sender, but will not refuse to record the document if the sender continues to request recordation. 1606 Identification of parties. In general, any document purporting to transfer a copyright or rights under a copyright should clearly identify the transferee as well as the transferor. 1606.01 Failure to identify necessary parties. Documents which fail to identify the necessary parties will be questioned, but recordation will not be refused if, following correspondence, the sender continues to request recordation. Examples : 1) "I, John Doe, do hereby assign all rights, including copyright, in the work entitled HOW TO BURN TOAST." (Transferee not named) . 2) ". . . copyright is hereby assigned to Richard Roe, as Executor of the author . . . . " (The author not identified by name. ) 1606.02 Indexing. When a document which fails to identify the necessary parties is recorded, it will be in- dexed only under the names it contains; no indexing will be done under other names furnished in corres- pondence or elsewhere. See section 1614.02 below. <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> 1606 1606.03 Identification of parties. (cont'd) One-party documents. A document which necessarily involves only one party (e.g., an affidavit) will be indexed under the single name involved. 1607 Identification of subject of document. Recordation of a document gives all persons constructive notice of the facts stated in the recorded document, but only if both of the following two conditions are met : 1\) ) The document, or material attached to it, speci- fically identifies the work to which it pertains so that, after the document is indexed by the Copy- right Office, it would be revealed by a reasonable search under the title or registration number of the work; and 2\) Registration has been made for the work. See 17 U.S.C. 205 (c). 1607.01 Failure to identify work. A document which fails to identify the work will be questioned. Examples : 1\) A document containing the statement "I hereby assign my copyright to the ABC Music Co." 2\) ". . . copyright in OPENING CHORUS is hereby assigned . . . . " (Reference being to only a part of the work. ) 3\) If the title or other identification of a work appears to have been inadvertently omitted. 1607.02 Titles. If the material which is the subject of the document is otherwise adequately identified, the document need not contain the title under which the work was registered. 1607.02 (a) Abbreviated title or different title or different descriptive phrase. An abbreviated or entirely different title, or a different descriptive phrase, may be employed. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1607 Identification of subject of document. (cont'd) 1607.02 Titles. (cont'd) 1607.02 (a) Abbreviated title or different title or differ- ent descriptive phrase. (cont'd) Examples : 1) "This Year's Sales Manual" instead of "This Year's Fabulous Deals." 2) "Style No. 173B" instead of "Field Flowers. " 1607.02 (b) Registration number used instead of title. The registration number may be used instead of the title. 1607.02 (c) Blanket transfer. A blanket transfer, in which no individual titles are given, will be recorded without question. Example : "Copyrights in all the published works of John Doe are hereby assigned 1607.03 No titles given. When a document in which no titles are specified is recorded, the catalog entry will contain the notation: "No Titles Given." 1607.04 Outside sources. A document will be indexed solely under the titles or other identifying matter it contains; no information from sources outside the document will be supplied. Thus, for example, the Copyright Office will not index titles given only in a covering letter. 1608 Transfer documents: words of conveyance. A document purporting to be a transfer should contain words to the effect that copyright ownership is being conveyed. ### Example : "I, John Doe, do hereby assign, sell, transfer, grant, and convey copyright in ' I Love You Truly' to the ABC Publishing Co., Inc." <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1608 Transfer documents: words of conveyance. (cont'd) 1608.01 No clear words of conveyance. Where a document purports to be a transfer, but lacks clear words of conveyance, the document will generally be recorded without questioning it. 1608.02 1609 Intention manifest. Where the intention to trans- fer the copyright is manifest from a reading of the document as a whole, the fact that the document is in the form of a letter or inexactly or vaguely worded will not preclude its recordation as a transfer. Completeness of document. In general, a document will not be recorded unless it is complete by its own terms. 1609.01 Attachments. A document that contains a reference to any schedule, appendix, exhibit, addendum, or other material as being attached to the document or made a part of it shall be recordable only if the attachment is also submitted for recordation with the document or if the reference is deleted by the parties to the document. 1609.01 (a) Document returned for amendment. If a document has been submitted for recordation and has been returned by the Copyright Office at the request of the sender for deletion of the reference to an attachment, the document will be recorded only if the deletion is signed or initialed by the persons who executed the document or by their authorized representatives. 1609.01 (b) Exceptional cases. In exceptional cases, a document containing a reference to an attach- ment will be recorded without the attached material and without deletion of the reference if the sender asserts in writing that all three of the following factors exist and specifically requests that the document be recorded as sub- mitted: (1) the attachment is completely un- available for recordation; and (2) the attach- ment is not essential to identify the subject matter of the document; and (3) it would be impossible or wholly impractical to have the parties to the document sign or initial a <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1600-14" --> 1609 Completeness of document. (cont'd) 1609.01 Attachments. (cont'd) 1609.01 (b) Exceptional cases. (cont'd) deletion of the reference. In such cases, the Copyright Office record of the document will be annotated to show that recordation was made in response to a specific request. See 37 C.F.R. 201.4 (c) (2). 1610 Incorporation by reference. When the document sub- mitted for recordation merely identifies or incor- porates by reference another document, or certain terms of another document, the Copyright Office will raise no question of completeness, and will not require recorda- tion of the other document. 37 C.F. R. 201. 4 (c) (2) (iii) . Example : A document reads in part as follows: "In accordance with the terms of mutual undertaking previously entered into between the parties on January 2, 1978, which is incorporated by reference herewith, John Doe hereby transfers 1611 Part of a larger document. If a document otherwise recordable indicates on its face that it is a self- contained part of a larger document, e.g., where it is marked "Attachment A" or "Exhibit B," the Copyright Office will raise the question of completeness, but will record the document if the person requesting recordation asserts that the document is sufficiently complete as it stands. See 37 C.F.R. 204(c) (2) (ii). 1612 Other formal requirements. The following are other formal requirements relating to transfers and other documents pertaining to a copyright. 1612.01 Freedom from obvious errors. As a rule no attempt is made to verify the facts stated in the document submitted for recordation; titles, registration numbers, authors, dates, and the like are trans- cribed without checking their accuracy. However, when an obvious error of a material nature is recognized in the ordinary examination of the document, the document is returned for correction; <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1612.01 Freedom from obvious errors. (cont'd) in such cases, the Copyright Office will suggest the desirability of having any changes in the document initialed by all the persons who executed the document. Examples : 1\) A document submitted for recordation in a particular year gives a later year as the date of execution. 2\) The names of the tranferor and transferee are accidentially reversed. NOTE: Although names and titles will generally be indexed exactly as they appear in the document, where there is a minor typographical error made in the document, the document will be indexed under the correct name or title. Examples : 1\) "Great Russiand Short Stories" 2\) "Macame Du Barry" 1612.02 Date of execution. The document to be recorded need not bear a date. However, if it does state a date of execution, this information will be tran- scribed on the catalog entry. While 17 U.S.C. 205 provides certain consequences for failure to record a transfer within one month after its execution in the United States or within two months after its execution outside the United States, the Copyright Office will record a document at any time after its execution. 1612.03 Certificate of acknowledgment. A certificate of acknowledgment is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if: 1\) In the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## Other formal requirements. (cont'd) 1612.03 Certificate of acknowledgment. (cont'd) 2\) In the case of a transfer executed in a foreign country, the certificate is issued by a diplo- matic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer, or by a competent foreign authority pursuant to the provisions of the 1961 Hague Convention Abolishing the Require- ment of Legalization for Foreign Public Docu- ments (i.e., the apostille procedure) . See 17 U.S.C. 204 (b). 1613 Documents to correct or amplify Copyright Office records. In certain circumstances, recordation of a document is the appropriate means of correcting or amplifying a completed Copyright Office record. However, the Office suggests that an application for supplementary regis- tration be submitted in most such cases. Nevertheless, if the sender insists, the Office will in any case accept for recordation a document giving the pertinent information. For detailed practices in this connec- tion, see Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT OFFICE RECORDS; SUPPLEMENTARY REGISTRATIONS. 1614 Recordation. In general, the recordation procedure includes initial examination of documents for formal sufficiency, determination of the recording fee, assigning identifying volume and page numbers, microfilming the document, preparing an index entry under the appropriate names and titles, and returning the recorded document with a certificate of record. 1614.01 Date of recordation. The date of recordation is the date upon which the last necessary element (acceptable document and required fee) is received in the Copyright Office. See 37 C.F.R. 201.4. 1614.01 (a) Document returned for correction. When a docu- ment is returned to the sender for correction, the date on which the corrected document is received in the Copyright Office is generally regarded as the date of recordation. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1614 Recordation. (cont'd) 1614.01 Date of recordation. (cont'd) 1614.01 (b) Less than entire fee received. When less than the entire fee is received in the Copyright Office, together with the document in record- able form, the date of recordation is the date on which the amount of the total required fee is received in the Copyright Office. Example : If a document containing three titles is received in recordable form, together with only the basic fee for recordation of a document, the date of recordation is the date on which the fee covering the addi- tional titles is received in the Copyright Office. 1614.02 Indexing. A recorded document is indexed under the names of the parties and the titles listed in the document. The catalog entry contains the date of recordation, the inclusive volume and page numbers assigned to the document, and the following infor- mation, if given in the document: the date of execution, the names of the authors, and the regis- tration number and year date of registration. 1614.03 Amendments in document submitted for recordation. The Copyright Office will not itself make any changes or corrections in a document submitted for recordation, even when specifically requested or authorized to do so by the sender. Examples : 1) Sender requests Copyright Office to change the year date of execution from "1968" to "1978." 2) Sender requests Copyright Office to delete reference to an attachment. 1614.04 Recordable document returned. Even though a docu- ment is in order for recordation and is accompanied by the appropriate fee, if the process of recorda- tion in the Copyright Office has not been started [1984] <!-- PageBreak --> <!-- PageHeader="1600-18" --> 1614 Recordation. (cont'd) 1614.04 Recordable document returned. (cont'd) when a request to return or change the document is received from the sender, the Office may return the document to the sender, suggesting that any change be initialed by the persons who executed it. In such cases, the date the returned document is received in the Copyright Office will be the date of recordation. Example : Document received in the Renewals and Documents Section of the Examining Division, but not yet stamped with volume and page number, may be returned to the sender. 1614.05 Recording fees. For a document consisting of six pages or less covering no more than one title, a basic recording fee is charged. An additional fee is charged for each page over six and each title over one. For the specific amounts, see 17 U.S.C. 708; see also 37 C.F.R. 201.4(d). 1614.06 Separate transfers. A fee is required for each separate transfer or other document, even if two or more documents appear on the same page. 37 C.F.R. 201.4 (d) (1). Examples : 1) "A" hereby transfers all right, title, and interest in a musical composition to "B, " "C," and "D." This is a single transfer for the purpose of computing the recordation fee. 2) On a single page, but in separate paragraphs : "A" hereby transfers a one-third interest in the copyright in a musical composition to "B." "A" hereby transfers a one-third interest in the copyright in the same musical composition to "C." "A" hereby transfers a one-third interest in the copyright in the same musical composition to "D." The document is signed once. This is a single transfer for the purpose of computing the recordation fee. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1600-19" --> 1614 Recordation. (cont'd) 1614.06 Separate transfers. (cont'd) Examples : (cont'd) 3) The same situation as in example 2 above, but the document is dated and signed at each para- graph setting out the separate conveyances. This would be regarded as three transfers for the purpose of computing the recordation fee. 4) On a single page: "A" tranfers the copyright to "B" who transfers a portion of that right to "C." This would be regarded as two transfers for the purpose of computing the recordation fee. 1614.07 Titles. Generally, every title listed in a document is counted, but not designations referring to uncopyrightable matter. Examples : 1) A trademark consisting of the word "EKSRON." 2) A mechanical patent designated as "Process for the Impacting of Crushed Marble." 1614.07 (a) Definition of title. The term "title" for the purpose of computing the fee for recordation generally denotes "appellation" or "denomina- tion, " rather than "registration, " "work, " or "copyright." 37 C.F. R. 201. 4 (d) (2) . 1614.07 (b) Same title repeated. Where the same title is repeated more than once in the same document, it is counted as only one title, unless the document is too long or complex to make the finding of repetitions feasible. 1614.07 (c) Single and multiple titles distinguished. Titles that are repeated are counted as a single "title" for the purpose of computing the fee, even when different registration numbers or dates are indicated. The same is true in the case of various issues, volumes, chapters, installments, etc., even when listed <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1600-20" --> 1614 Recordation. (cont'd) 1614.07 Titles. (cont'd) 1614.07 (c) Single and multiple titles distinguished. (cont 'd) separately under different numbers and dates, but they must be listed consecutively in a series. On the other hand, if the titles are not listed consecutively in a series, they will be considered separate titles and separate fees will be charged. Examples of one title: 1) "Fan Club News, " vol. 1, no. 3 (June 1981) "Fan Club News, " vol. 1, no. 4 (July 1981) "Fan Club News, " vol. 1, no. 5 (Aug. 1981) 2) "Trapped in the Snack Bar," Installment I "Trapped in the Snack Bar," Installment II Examples of two titles: 1) "Sports Monthly, " vol. 1, no. 1 (Jan. 1981) "Sports Monthly, " vol. 1, no. 2 (Feb. 1981) "Sports Monthly, " vol. 1, no. 4 (Apr. 1981) 2 ) "The Adventures of Cyril," Installment I "The Adventures of Cyril," Installment IV 1614.07 (d) Same title repeated with different descriptive matter. Where the same title is repeated more than once in the same document, but the repeti- tions are followed by different descriptive matter, subtitles, names of authors, or the like, separate fees will be charged. Examples of two titles: 1) "Rondo" (Massenet) "Rondo" (Respighi) 2) "Architectural Drawing of Union Station- front elevation" "Architectural Drawing of Union Station- side elevation" 3) "You Are the One" ( from Summer Romance) "You Are the One" ( from Sunny Days) <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## 1600-21 1614 Recordation. (cont'd) 1614.07 Titles. (cont'd) 1614.07 (e) Alternative titles. Where a work is clearly listed under alternative titles, or where both old and new titles are clearly indicated, separate fees will be charged. Use of the conjunctive "or" will not generally be treated as denoting alternative titles. Example of one title: "How to Get Ahead in Life or Ten Ways to Improve Your Memory" Examples of two titles : 1) "Money Isn't Everything, " also known as "Who Wants to Be Rich?" 2) "Cafe Tales, " formerly known as "Draw One" 1614.07 (f) Descriptive subtitle or translation. Even though a work is listed under a title which contains descriptive matter that could be characterized as a subtitle or translation, only one fee will be charged. Examples of one title: 1) "On the Water (Auf dem Wasser)" 2) "You Are the One" (Romantic Song) 1614.07 (g) Additional fees for title indexing. In cases where, under the practice set forth above, only one fee would normally be charged, the Copy- right Office will nevertheless index the title variations separately, upon the specific request of the sender and payment of additional fees. 1614.08 Pages. In determining the number of pages in a document, each side of a leaf bearing textual matter is regarded as a "page." 37 C.F.R. 201.4 (d) (3). NOTE: A rider is considered a "page." [1984] <!-- PageBreak --> 1615 Termination of transfers and licenses granted by the author under the extended renewal term. The following are the practices and provisions relating to the termi- nation of transfers and licenses granted by the author under the extended renewal term provided by the current Act. 1615.01 Statutory provision. In the case of any copyright subsisting in either its first or renewal term on January 1, 1978, other than a copyright in a work made for hire, the exclusive or nonexclusive grant of a transfer or license of the renewal copyright or any right under it, executed before January 1, 1978, by the author (or by the successors in interest of the author, as specified by section 304(a) of the current Act), otherwise than by will, is subject to termination under the conditions specified in section 304(c) of the current Act. 1615.02 Advance notice and service. The notice of termina- tion shall be served upon each grantee whose rights are being terminated, or the grantee's successor in title, by personal service, or by first-class mail sent to an address which, after a reasonable investi- gation, is found to be the last known address of the grantee or successor in title. 37 C.F.R. 201.10 (d) (1). 1615.02 (a) The service provision. The service provision of section 304(c) (4) of the current Act will be satisfied if, before the notice of termination is served, a reasonable investigation is made by the person or persons executing the notice as to the current ownership of the rights being terminated, and based on such investigation: (i) If there is no reason to believe that such rights have been transferred by the grantee to a successor in title, the notice is served on the grantee; or (ii) if there is reason to believe that such rights have been transferred by the grantee to a particular successor in title, the notice is served on such successor in title. 37 C.F.R. 201.10 (d) (2). 1615.03 Time limits. Termination of the grant may be effected at any time during a period of five years beginning at the end of 56 years from the date copyright was originally secured, or beginning on January 1, 1978, whichever is later. See 17 U.S.C. 304(c) (3). <!-- PageFooter="[1984]" --> <!-- PageBreak --> Termination of transfers and licenses granted by the author under the extended renewal term. (cont'd) 1615.04 Forms. The Copyright Office does not provide printed forms for the use of persons serving notices of termination. 37 C.F.R. 201.10 (a) . 1615.05 Contents of notice. A notice of termination must include a clear identification of each of the ele- ments listed below. The notice itself must contain a complete and unambiguous statement of facts without incorporation by reference of information in other documents or records. See 37 C.F.R. 201.10 (b). 1615.05 (a) Name of each grantee. The name of each grantee whose rights are being terminated or the grantee's successor in title, and each address at which service of the notice is being made. 1615.05 (b) Title and author. The title of each work and the name of at least one author of, and the date copyright was originally secured in, each work to which the notice of termination applies; and if possible and practicable, the original copy- right registration number. 1615.05 (c) Identification of grant. A brief statement reasonably identifying the grant to which the notice of termination applies. 1615.05 (d) Effective date of termination. The notice shall state the effective date of termination which shall fall within the five-year period specified in section 1615.03 above, and the notice shall be served not less than two or more than ten years before that date. See 17 U.S.C. 304 (c) (4) (A). 1615.05 (e) Person or persons who executed the grant. In the case of a termination of a grant executed by a person or persons other than the author, the notice shall contain a listing of the sur- viving person or persons who executed the grant. In the case of a termination of a grant execu- ted by one or more of the authors of the work where the termination is exercised by the successors of a deceased author, the notice <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1615 ## Termination of transfers and licenses granted by the author under the extended renewal term. (cont'd) 1615.05 Contents of notice. (cont'd) 1615.05 (e) Person or persons who executed the grant. (cont'd) shall contain a listing of the names and rela- tionships to that deceased author or all of the following, together with specific indication of the person or persons executing the notice who constitute more than one-half of that author's termination interest: That author's surviving widow or widower; and all of that author's surviving children; and, where any of that author's children are dead, all of the sur- viving children of any such deceased child of that author. However, instead of the infor- mation required above in this subsection, the notice may contain both of the following: (A) A statement of as much of such information as is currently available to the person or persons signing the notice, with a brief explana- tion of the reasons why full information is or may be lacking; together with (B) a statement that, to the best knowledge and belief of the person or persons signing the notice, the notice has been signed by all persons whose signature is necessary to terminate the grant under section 304(c) of title 17, U.s.c., or by their duly authorized agents. See 37 C.F.R. 201.10 (b) (v) . NOTE: The Copyright Office will generally not question whether the interest of the person or persons on whose behalf the notice of termination was executed constitute more than one-half of the author's termination interest. 1615.06 Signature. A notice of termination shall contain the actual signature or a reproduction of the actual signature of the person or persons identi- fied in the document as being entitled to exercise the right of termination, or of a duly authorized agent of such person or persons. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1615 ## Termination of transfers and licenses granted by the author under the extended renewal term. (cont'd) 1615.06 Signature. (cont'd) 1615.06 (a) Termination of grant executed by someone other than the author. In the case of a termination of a grant executed by a person or persons other than the author, the notice shall be signed by all of the surviving persons who executed the grant, or by their duly authorized agents. See 37 C.F.R. 201. 10 (c) (1) . 1615.06 (b) Termination of grant executed by one or more authors. In the case of a termination of a grant executed by one or more authors of the work, the notice as to any one author's share shall be signed by that author or by his or her duly authorized agent. If that author is dead, the notice shall be signed by the number and proportion of the owners of that author's termination interest required under clauses (1) and (2) of section 304(c) of the current Act, or by their duly authorized agents, and shall contain a brief statement of their relationship or relationships to that author. See 37 C.F.R. 201.10 (c) (2). 1615.06 (c) Termination of grant executed by duly authorized agent. Where a signature is by a duly autho- rized agent, it shall clearly identify the person or persons on whose behalf the agent is acting. 37 C.F.R. 201.10(c) (3). 1615.06 (d) Additional requirements. The handwritten signature of each person effecting the termination shall either be accompanied by a statement of the full name and address of that person, typewritten or printed legibly by hand, or shall clearly correspond to such a statement elsewhere in the notice. 37 C.F.R. 201.10 (c) (4). 1615.07 Service. The notice of termination shall be served upon each grantee whose rights are being terminated, or the grantee's successor in title, by personal service, or by first-class mail sent to an address which, after a reasonable investigation, is found to be the last known address of the grantee or successor in title. 37 C.F.R. 201.10 (d) (1). <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1600-26" --> 1615 Termination of transfers and licenses granted by the author under the extended renewal term. (cont'd) 1615.08 Scope of examination. As a general rule, the Copy- right Office will not attempt to judge or comment on the legal sufficiency of a notice of termina- tion. Recordation as a notice of termination will be made if the following formal requirements have been met : 1615.08 (a) Legibility of notice of termination. The notice of termination must be in writing and capable of being reproduced legibly on micro- film. 1615.08 (b) Complete by its own terms. The notice of termination must ordinarily be complete by its own terms. The same rules are applicable as those which pertain to missing attachments or exhibits for documents recorded under 17 U.S.c. 205. See section 1609 above. 1615.08 (c) Clear identification of elements. The notice of termination must clearly identify each of the elements specified in section 1615.05 above. 1615.08 (d) Date and manner of service. The document sub- mitted for recordation should be accompanied by a statement setting forth the date on which the notice was served and the manner of service, unless such information is contained in the notice. Where such information is not con- tained in the notice, and the document is not accompanied by a statement setting forth the date and/or manner of service, the Copyright Office will request that the sender submit a separate statement containing this information. 1615.08 (e) Effective date earlier than date of recorda- tion. A notice of termination should include an effective date of termination that is later than the date of recordation in the Copyright Office. If the document contains either an earlier date or no date of termination, the Copyright Office will suggest that the sender execute and submit for recordation a new docu- ment which gives an appropriate date of termination. <!-- PageFooter="[1984]" --> <!-- PageBreak --> 1615 Termination of transfers and licenses granted by the author under the extended renewal term. (cont'd) 1615.08 Scope of examination. (cont'd) 1615.08 (f) Persons not entitled to terminate. Where the Copyright Office is aware that the signature appearing on the document is not that of a person entitled to exercise the right of termination or of a duly authorized agent of such person, the Office will suggest that a new document signed by the proper person be executed and submitted for recordation. 1615.09 Recordation. The Copyright Office will not refuse to record a document that fails to meet the requirements set forth in section 1615.08 above, but such document will not be indexed by the Copyright Office as a notice of termination. 1615.10 Recordation without prejudice. Recordation of a notice of termination by the Copyright Office is without prejudice to any party claiming that the legal and formal requirements for issuing a valid notice have not been met. 37 C.F.R. 201.10 (f) (4). 1615.11 Date of recordation. A copy of the notice shall be recorded in the Copyright Office before the effec- tive date of termination, as a condition to its taking effect. See 17 U.S.C. 304(c) (4) (A). The date of recordation is the date when all of the elements required for recordation, including the prescribed fee and, if required, the statement setting forth the date on which the notice was served and the manner of service, have been received in the Copyright Office. After recor- dation, the document, including any accompanying statement, is returned to the sender with a certificate of record. See 37 C.F.R. 201.10 (f)(3). 1616 Termination of transfers and licenses granted by the author on or after January 1, 1978. The practices set forth in section 1615 above are restricted to termina- tions under the extended renewal term provided in sec- tion 304(c) of the current Act. Practices regarding <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="1600-28" --> ## Termination of transfers and licenses granted by the author on or after January 1, 1978. (cont'd) the parallel statutory provision governing termination of grants executed by the author on or after January 1, 1978, under section 203 of the current Act have not been established yet because the right of termination thereunder cannot be invoked in an appropriate termina- tion document until the year 2003 or later. A document that purports to terminate a grant executed on or after January 1, 1978, may be recorded, but such document will not be indexed by the Copyright Office as a notice of termination. [END OF CHAPTER 1600] <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> COMPENDIUM OF COPYRIGHT OFFICE PRACTICES Under the Copyright Law Which Became Fully Effective on January 1, 1978, Including Title 17 of the United States Code and Amendments Thereto. COPYRIGHT OFFICE THE LIBRARY OF CONGRESS WASHINGTON, D. C. 20559 <!-- PageBreak --> <!-- PageBreak --> # INDEX TO THE COMPENDIUM OF COPYRIGHT OFFICE PRACTICES This is an index to the 1984 text of the Compendium of Copyright Office Practices under the copyright law which became fully effective on January 1, 1978, including Title 17 of the United States Code and amendments thereto. This Com- pendium is designated as Compendium II. Each term is indexed to the pertinent page or pages of this Compendium where the term is to be found. An earlier Compendium (now called Compendium I) was issued a number of years ago to reflect Copyright Office practices under the Copyright Act of 1909, as amended. Com- pendium I has its own index. The present index covers only Compendium II. <!-- PageBreak --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> \- A - Page Abandonment of copyright or claim 1500-22 Abbreviated title 1600-11 Abbreviation by which name can be recognized 1000-2, 1000-9, 1000-15 1000-3, 1000-11, Abbreviation "Copr." 1000-2, 1000-4, 1000-5 Abbreviation or alternative designation 1000-11 Abbreviation, variants of 1000-4, 1000-11 Abridgment (musical) 400-11 Abridgment of sound recordings as new matter 400-44 Abridgments 300-7 Abstract art 500-2 Abstract choreography 400-18 Abstract designs 500-13 Acceptable statements of nationality, domicile, and nation of first pub- lication 1100-13 Acceptable variants 1000-4, 1000-6 1000-5, Acceptability of currency 700-9 Access ( unrestricted public) to copy or phonorecord 900-4 Accompanying music to dramatic works 700-3 Accompanying sounds to audiovisual works 700-3 Accompanying texts (pictorial, graphic, or sculptural work with) 1000-2, 1000-7 Accompanying words to musical works 700-3 Account books 200-3, 300-2, 500-18 Accounts (Deposit) 700-9, 1200-12 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> ☒ ☒ Page Acknowledgment, certificate of 1600-15 Acquisitions and Processing Division, Copyright Office, Chief of 800-43, 800-44, 1500-19 Acquisitions and Processing Division, Deposit and Acquisitions Section of 800-39 Act (a work) 900-6 Act of 1909, importation under 1200-9 Act of 1909, manufacturing clause of 1200-1 Acting version of play 1200-4 Action ( plan of) or concept 500-18 Actions (court), notification of filing and determination of 1600-1 Actual receipt, date of 1300-5 Actual signature of individual 1600-5 Ad interim copyright 1200-1, 1200-2, 1200-3, 1200-9, 1300-12, 1300-13, 1300-14, 1300-15 Ad interim term of five years 1200-2 Adaptation (musical) 400-10 Addenda and errata sheets 1500-18 Addendum to document 1600-13 Addition of missing information by annotation 1500-23 Addition of music as derivative work 400-11 Addition of subtitle 1500-14 Addition or correction of copyright notice 1500-19 Additional authors or claimants 1500-10 Additional basic registrations 1500-2 Additional fees for title indexing 1600-21 Additional 500 copies, importation of 1200-9 Additional information previously omitted 1500-3 Additional material ( unpublished works) 800-4 Additional names in notice 1000-12 Additional recorded material in sound recordings 400-41 Additions ( nonchoreographic) to choreographic work 400-21 [1984] <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Address and full name typewritten or printed legibly 1600-25 Address and name of copyright claimant 700-1 Address book 200-3, 300-2 Address ( last known) of grantee or successor in title 1600-22, 1600-25 Address or name of author or claimant, error in 1500-12 Addresses 800-5 Administrative classes, authority of Register of Copyrights to specify. 800-2 Administrative classification of works 700-1 Administrative notice of matters of general knowledge 100-5 Administrative purposes only, classi- fication for 700-7 Administrative rulings 200-8, 300-5 Administrator 1300-19 Administrator cum testamento annexo 1300-21 Administrator de bonis non cum testamento annexo (d.b.n.c.t.a.) 1300-21 Administratrix. See Administrator. Adopted children 1300-17 Advance notice of termination and service 1600-22 Adverse claims 100-5 Adverse renewal claims 1300-29 Advertisements 500-1, 500-13, 700-3 Advertising copy 700-2 Advertising matter in periodicals 300-10 Aesthetic appeal or commercial value 500-3 Aesthetic merit 200-1, 500-3, 500-5 Aesthetic merit of work 200-1 Aesthetic merit of works of art 500-2, 500-12, 500-13 Affidavit 1300-2, 1300-3, 1300-7, 1300-8 <!-- PageFooter="[1984]" --> <!-- PageBreak --> # INDEX TO COMPENDIUM II Page Affidavit or signed statement, recor- dation of 1500-8 Affidavit (Renewal) for U.C.C. Work 1300-7 Affixation and position of notice 1000-16 Affixation ( improper ) of notice 1000-17 Agencies ( specialized) of United Nations 1100-6 Agency or subdivision (governmental) 1100-3 Agent (duly authorized) 100-8, 100-9, 1200-10, 1200-12, 1300-8, 1500-7, 1600-2, 1600-5, 1600-6, 1600-24, 1600-25, 1600-27 Agent (duly authorized) of renewal claimant 1300-8 Agent (duly authorized) or successor in interest 1500-7 Agent (duly authorized) termination of grant by 1600-25 Agent (United States) 800-39 Agents as applicants 100-9 Agreement (Motion Picture) 400-31, 800-39ff. Agreement (Motion Picture) termination of 800-42 Agreement of employment for hire 1300-27 Agreement (Supplemental Property) 800-42 Agreements ( license) and royalty pay- ments voluntarily negotiated 1600-1 Agreements (work-for-hire), signatures required on 1600-10 Algorithm 300-27 "All Rights Reserved" 1000-5 Allegiance (permanent ) 1100-2 Allocation of ownership 1500-10 Alternative designation 1000-2, 1000-3, 1000-9, 1000-11, 1000-15 Alternative forms of publication 900-5 Alternative position of notice on contributions to collective works 1000-20 Alternative titles 1600-21 Alternative titles of work 700-1 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Ambiguity or error on renewal appli- cation 1300-10 Ambiguity (patent), error, or omission 1300-6 Ambiguous terms relating to sound recordings subject to question 400-44 Amendment after deadline 1300-4 Amendment, document returned for 1600-13 Amendments in document submitted for recordation 1600-17 American Samoa 1100-4 American States, Organization of. 1100-6 Amount of dramatic content required 400-15 Amounts of $5 or less, refunds of 700-8 Amounts of less than $1, refunds of 700-8 Amplification and correction on Form CA, single form sufficient for 1500-25 Amplification of information in registration 700-4 Amplification or correction of Copy- right Office records by recordation of document 1600-16 Amplification space on Form CA 1500-24 Amplification ( supplementary regis- trations ) 1500-3 Amplifications and corrections of Copyright Office records 1500-1ff. Amplifications or corrections by recordation 1500-7 Amplifying or correcting information in another supplementary registra- tion 1500-4 Anatomical models 500-17 Ancillary executor 1300-18 Annotation, addition of missing infor- mation by 1500-23 Annotation (Copyright Office) 1300-4 Annotation of application 800-44, 1000-4, 1000-7, 1000-8 Annotation of earlier basic regis- tration 1500-9 Annotation of renewal application 1300-4, 1300-6, 1300-13, 1300-16 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Annotation on application or catalog entries of basic registration 1500-14 Annotation, recordation as condition of 1600-3 Annotation when special relief granted 800-44 Annuals 700-3 Anonymous and pseudonymous works, copyright term of. 900-8 Anonymous and pseudonymous works, duration of copyright for 1000-4 Anonymous and pseudonymous works, eligibility of 1100-11 Anonymous and pseudonymous works, statements regarding identity of authors of 1600-1 Anonymous author, nationality or domicile of 700-1 Anonymous or pseudonymous, work other than 700-1 Answer material and published tests 800-28 Answer material for tests 300-12 Antedated notice 1000-7, 1000-14, 1300-3, 1300-6, 1500-17 Anthology 1000-2 Apostille procedure for certification 1600-16 Apparel (wearing) 800-32 Apparent inconsistency of document 1600-7 Appeal (aesthetic) or commerical value 500-3 Appearance ( incomplete) of deposited copies 900-12 Appearance of copy or phonorecord deposited 900-2 Appellation of work as title 1600-19 Appendix (Best Edition Statement) 800-46 Appendix to document. 1600-13 Appliances ( household) 500-11 Applicable deposit requirements not met 1500-19 Applicable notice requirements for supplementary registration 1500-17 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Applicant (statement of), information at variance with 900-2 Application, annotation of 800-44, 1000-4, 1000-7, 1000-8 Application (basic) forms 700-2 Application (certified) 700-5 Application (duplicate) for renewal 1300-29 Application for renewal (late) 1300-13 Application for supplementary registration 1300-16 Application for supplementary registration, person entitled to submit 1500-6 Application form for computer program 300-23ff. Application form inappropriate 700-7 Application form, most appropriate 700-5 Application form prescribed by Register of Copyrights 700-1 Application forms. 700-1 Application forms, legibility of 700-5 Application forms, quality of 700-5 Application forms, repetitive information on 700-5 Application, name as claimant on 1000-10 Application, no date of publication given in 900-11 Application or catalog entries of basic registation, annotation on 1500-14 Application received after renewal year 1300-6 Application received before renewal year 1300-6 Application (renewal ) 700-4 Application ( renewal), annotation of. 1300-4, 1300-6, 1300-13, 1300-16 Application (renewal), error or ambiguity on 1300-10 Application ( single renewal) for two editions 1300-12 Applications and fees 700-1ff. Applications, carbon copies of 700-5 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Applications completed in pencil 700-5 Applications ( illegible) 700-5 Applications ( inaccurate) 700-5 Applications ( incomplete) 700-5 Applications ( informal) for renewal 1300-2 Applications ( separate renewal) 1300-13 Applicants for registration 100-8 Applied art 500-1 Applied art, works of 700-3 Appropriate application form 700-5 Approximate date of first publication 900-8 Arabic numerals 1000-7 Architectural blueprints 500-17, 800-4 Architectural drawings 500-1, 500-17 Architectural models 500-17 Archival quality standards 400-32, 700-5, 800-9, 800-39, 800-41, 800-42 Archival record of deposit 300-12 Areas (territorial) of the United States 1100-11, 1200-6 Arrangement of compilations 300-8 Arrangement or disposition of persons, scenery, or other subjects depicted in phototograph 500-15 Arrangements (musical) 400-8 Arrangements (musical) made under compulsory license 400-5 Arrangers 1300-16 Arrow. 500-3, 500-9 Art (abstract) 500-2 Art (applied) 500-1 Art ( fine) 500-1 Art ( fine) , works of 700-3 Art (naturalistic) 500-2 Art ( representational ) 500-2 Art reproductions 500-1, 700-3 Art reproductions as derivative works 500-14 Art ( stylized) 500-2 Art, works of 500-1 Article (useful) 500-11 Article (useful), label not considered 1000-7 Articles ( two and three-dimensional useful ) 500-1 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Articles (useful) 1000-2, 1000-7 Articles (useful), separability test for 500-11 Articles ( useful three-dimensional) 800-12 Artistic craftsmanship, three-dimensional works of 500-9 Artistic craftsmanship, works of 500-1 Artistic features 500-12 Artistic merit and style 500-2 Artistic work (preexisting) 500-14 Arts ( applied) , works of. 700-3 Arts (performing), works of the 700-3 Arts (visual), works of the 700-3 "As a Whole" criterion used to judge derivative musical work 400-11 Assembler 300-16, 300-27 Assembly language 300-27 Assignee 1300-32 Assignment of renewal interests 1300-32 Assistant Librarian of Congress for Copyright Services 100-1 Assumed name in notice 1000-12 Astronomical charts 500-17 Atlases ( terrestrial) 500-16 Attached material not essential to recorded document 1600-13 Attached material unavailable for recordation 1600-13 Attachments to document 1600-13 Attesting authenticity of person's mark. 1600-9 Attorney-in-fact 1300-32 Attorney-in-fact, bond signed by 800-40 Attorney-in-fact for depositor 800-40 Attorney-in-fact or legal repre- sentative 1600-8 Attorneys as applicants 100-9 Audible defects (motion pictures) 800-8, 800-36, 800-37 Audience, direct or indirect perfor- mance before 700-3 Audience presentation not required for registration of choreography 400-18 Audio cassette accompanying filmstrip 700-3 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Audio tapes 400-35 Audiovisual multimedia works 400-46 Audiovisual work, aurally perceptible authorship of 400-24 Audiovisual work, motion picture as 400-23 Audiovisual work, nonsequential showing of individual images of. 900-6 Audiovisual work published in filmstrip edition and set of slides 800-9 Audiovisual work, recorded sounds accompanying 1000-1 Audiovisual work, sounds accompanying 400-23 Audiovisual work, to make audible sounds accompanying 900-6 Audiovisual work (untitled) of sixty seconds or less 1000-21 Audiovisual work, visually perceptible authorship of 400-24 Audiovisual work with accompanying sounds and sound recording distin- guished 400-33 Audiovisual works Audiovisual works (derivative) 400-22ff., 700-3, 800-5, 800-12 400-24 Audiovisual works, forms of embodiment 400-24 Audiovisual works, notice on. 1000-21 Aurally perceptible authorship (audiovisual work) 400-24 Authenticity of person's mark attested 1600-9 Author and title of each work 1600-23 Author ( anonymous), nationality or domicile of 700-1 "Author" as meaning individual person and not employer 1300-11 Author, citizenship of 1300-8 Author (deceased), estate of 1300-19 Author, definition of 1100-1 Author, deletion of name of 1500-14 Author, domicile of. 1300-8 Author domiciled outside United States 1200-7 <!-- PageFooter="[1984]" --> ☒ ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> \- 11 - Page Author ( employer of) not U.S. national or domiciliary. 1200-8 Author having more than one nationality, nationality or domicile of 1100-9 Author (intestate) 1300-19 Author, legatees of 1300-18 Author not U.S. national or domiciliary 1200-7 Author of motion picture, employer as 400-28 Author, omission of name of 1500-14 Author or claimant, error in name or address of. 1500-12 Author (pseudonymous), nationality or domicile of 700-1 "Author" (renewal) defined 1300-16 Author ( stateless) 1100-11 Author still living 1300-15 Author, termination of grant executed by someone other than the 1600-25 Author, termination of transfers and licenses granted in 1978 or there- after by. 1600-27 Author, termination of transfers and licenses granted under extended renewal terms by. 1600-22 Author who predeceases creation of work 300-14 Authority of copyright owner 1000-1, 1000-7, 1000-13, 1000-15 Authority of Register of Copyrights to specify administrative classes 800-2 Authority ( sovereign) of a foreign nation. 1100-3, 1100-5 Authority ( sovereign) of a foreign nation, definition of 1100-3 Authority to sign 1600-8 Authorization by copyright owner 900-1 Authorized (duly) agent 100-8, 100-9, 1200-10, 1200-12, 1300-8, 1500-7, 1600-2, 1600-5, 1600-6, 1600-24, 1600-25, 1600-27 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> \- 12 - Page Authorized (duly) agent of renewal claimant 1300-8 Authorized (duly) agent, termination of grant executed by 1600-25 Authors and their successors 1300-15 Authors (deceased) : dates of death Authors (multiple), nationality or domicile of 700-1 1100-9 Author's name omitted in records of original registration 1300-15 Authors of anonymous and pseudonymous works, statements regarding identity of. 1600-1 Authors (one or more), termination of grant executed by. 1600-25 Authors or claimants (additional) 1500-10 Authors, statements relating to death of 1600-1 Author's will 1300-18 Authorship 200-1 Authorship, change in statement of nature or extent of 1500-15 Authorship, cinematographic 400-26 Authorship claimed, nature of 700-5 Authorship, classification involving two or more categories of 700-6 Authorship, human origin essential to Authorship in compilation of sound recordings 200-2, 500-8 400-44 Authorship in form of copyrightable sound engineering 400-38 Authorship ( joint ) and common design Authorship ( joint) reflecting common design indistinguishably merged into single entity. 1300-24 1300-24 Authorship ( non-human) 500-8 Authorship of holography 500-16 Authorship of performer of sound recording 400-38 Authorship ( photographic) 500-15 Authorship of producer of sound recording 400-38 Authorship ( reproduction) not regis- trable 500-15 [1984] ☒ ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Authorship ( separately registrable works of) fixed in film, videotape, or the like 800-38 Authorship ( sound recording), use of Form SR obligatory for 700-7 Authorship of sound recordings, types of copyrightable 400-37 Automated data bases 300-35, 800-34 Automatic extension of copyright 1300-1 Automobiles 500-11 Averment that U.S. copyright subsists 1300-8 - B - Back cover of book 1000-17 Backing of copies 1000-22 Balance 400-46 Balancing 400-46 Ballet 400-19, 400-20 Bank checks 200-3, 300-2 Bank draft payable in U.S. dollars 700-9 Bank draft, payment by 700-8 Bases (automated data) 800-34 Bases (data) 700-2 BASIC 300-16, 300-27 Basic application forms 700-2 Basic (new) registration 1500-9, 1500-10, 1500-11, 1500-16, 1500-18, 1500-19, 1500-20 Basic Policies. 100-1ff. Basic registration 1200-10 Basic registration a prerequisite 1500-5 Basic registration, annotation on application or catalog entries of 1500-14 Basic registration, cancellation of 1500-13, 1500-20 Basic registration, changes in facts occurring since 1500-3 Basic registration (earlier), anno- tation of 1500-9 Basic registration, effect of supple- mentary registration upon 1600-6 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Basic registration for new or revised version 1500-18 Basic registrations 1500-1 Basic registrations (additional) 1500-2 Basic renewal registration (new) 1500-9 Basis (conceptual) for separability test 500-11 Basis of renewal of contributions, first publication as 1300-9 Basic (physical) for separability test 500-12 Benesch Choreology 400-20 Best Edition (graphic matter other than motion pictures) 800-48 Best Edition (microforms) 800-50 Best Edition (motion pictures) 800-48 Best Edition (musical compositions) 800-49 "Best edition" of motion picture 400-30, 800-46, 800-48 "Best edition" of published copyrighted works 800-8, 800-46 "Best Edition" of Published Copyrighted Works for the Collections of the Library of Congress 800-46 Best Edition (phonorecords ) 800-49 Best Edition (photographs) 800-47 Best Edition (printed textual matter) 800-47 "Best edition" requirement, exceptions to 800-10 Best Edition (works existing in more than one medium) 800-50 Bilateral relations 1100-8, 1100-14 Billboards 500-13 Binary coding 300-16 Binding (printing and) 1200-9 Bird calls 400-39 Blank forms 200-3, 300-2, Blanket transfer 500-18 1600-12 Blind, copies in raised characters for the use of the 1200-9 Blood relatives 1300-19 Blueprints ( architectural) 500-17, 800-4 Boats 500-11 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Body ( corporate), renewal by 1300-25 Bond signed by attorney-in-fact 800-40 Book and music (dramatico-musical work) 400-17 Book cover, front or back of 1000-17 Book design 300-3 Book design, format, or layout 200-4, 300-3 Book form (works published in), position of notice on 1000-17 Book jackets 300-11 See also Dust jackets. Book or periodical (English-language) 1200-3 Booklet and cassette tape, classifi- cation of. 700-7 Books 200-3, 200-4, 300-1, 300-2, 300-8, 1000-1, 1000-24, 1300-12 Books ( account) 500-18 Books and periodicals (English-language first published abroad) 1300-12 Books (method) 400-12 Books (music method) 400-12 Books, notice on dust jacket on 1000-24 Brief descriptions or explanations 1200-5 Broadcaster 1000-21 Buenos Aires Convention of 1910 1100-6, 1100-7 Bug 300-27 Business, corporation doing 1100-10 Business office in United States 800-39 Business operations or procedures 500-189 - C - Cable systems, certain contracts entered into by 1600-1 Cable systems (Statement of Account) 1600-1 Calendar (Gregorian) 900-11 Calendar year, end of 1300-1, 1300-2, 1300-3, 1300-4, 1300-13 Calendrical systems (other) 900-11 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Calibrated forms for use in conjunction with machine or device 500-18 Calibrations and their arrangement 500-18 Calligraphy 500-4 Camera angle 500-15 Canada 1200-1, 1200-3, 1200-8, 1200-9, 1200-13 Canada, manufacture in 1200-8 Canada, printed or reprinted in 1200-8 Cancellation (notations of) in original record of registration 700-10 Cancellation of basic registration 1500-13, 1500-20 Cancellation of registration for dishonored check 700-10 Captions 1200-5 Carbon copies of applications 700-5 Card Catalog, Copyright 100-3 Cards (greeting) 1000-2, 1000-7 Cards ( punched) 300-15, 800-33, 1000-20 Carpeting 800-30 Cartographic features 500-16 Cartographic material ( uncopyrightable) ... 500-17 Cartographic representations of area 500-16, 800-4, 800-12 Cartoon (pictorial) published in weekly magazine 700-6 Cartridge 300-27, 400-47, 1000-24 Cartridges 1000-2 Carving ( sculptural) 500-2, 500-9 Carvings 800-11 Cassette 300-28, 400-47, 1000-24 Cassette (audio) accompanying film- strip 700-3 Cassettes 1000-2 Casting ( sculptural) 500-2, 500-9 Catalog Card Number (Library of Congress), year date in 1000-9 Catalog entries of basic registration, annotation on 1500-14 Catalogs 700-2 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Catalogs of Copyright Entries 100-3, 1300-7 Cautionary letter 1000-4, 1300-13 See also Warning letter. Cautionary letters 100-5 Celestial maps 500-16 Ceramic figurines 500-1 Ceramics 800-11 Certain contracts entered into by cable systems 1600-1 Certificate of acknowledgment 1600-15 Certificate of original registration 1300-6 Certificate of record returned to sender 1600-27 Certificate of registration 100-2, 1200-11 Certificate of registration (original), return of 1500-22 Certificate of supplementary registra- tion 1500-6 Certification 1200-12 Certification (official) 1600-5, 1600-6 Certification ( sworn) 1600-5, 1600-6 Certification, sworn or official 1600-2 Certified application 700-5 Certified copies 100-3 Change in nationality or domicile after publication 1100-12 Change in statement of nature or extent of authorship 1500-15 Change of domicile, citizenship, and place of publication 1500-13 Change or correction of title 1500-14 Change or error in name of corporation or organization 1500-13 Changes in content of work 1500-18 Changes in facts occurring since basic registration 1500-3 Channel 400-47 Channels ( normal ) of commerce 1000-23 Characters 200-4 Characters (dramatic) 400-15 Characters (raised) for the use of the blind, copies in 1200-9 Characters, use of protected 200-4, 300-5, 400-6 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Charts 500-1, 700-3 Charts ( astronomical) 500-17 Charts (marine) 500-16 Check, payment by 700-8 Checks ( dishonored) 700-10 Checks ( uncollectible) 700-10 Chevron stripes (design) 500-3 Chief, Acquisitions and Processing Division, Copyright Office 800-43, 800-44, 1500-19 Chief, Examining Division, Copyright Office 800-43, 800-44 Child ( illegitimate) 1300-17 Children ( adopted) 1300-17 Children, widows, and widowers 1300-16 Chip 300-15, 300-26, 300-28 Choice of date of first publication 900-8 Chord charts 400-5 Chord symbols ( harmonic) 400-8 Choreographic work ( improvisations) 400-19, 400-21 Choreographic works 400-18ff., 700-3 Choreographic works (derivative) 400-20 Choreography (abstract) 400-18 Choreography and pantomimes distin- guished 400-22 Choreography, content of 400-19 Choreography, embodiment of 400-19 Choreography fixed in hologram 800-38 Chromatic scales 400-3 Chronological or numerical designations on serials 700-3 Cinematographic authorship 400-26 Citizen. See also National, definition of. Citizen of a nation 1100-2 Citizens (nationals but not) 1100-2 Citizenship. See also Nationality. Citizenship, change of. 1500-13 Citizenship of author 1300-8 Claim (copyright), abandonment of 1500-22 Claim ( copyright ), restriction of 1000-4 Claim, doubtful validity of 1500-17 Claim ( extent of), correction of problems relating to 1500-20 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Claim in derivative works, extent of 300-6 Claim (renewal), extent of. 1300-32 Claimant (copyright), name and address of 700-1 Claimant (copyright), statement of ownership 700-1 Claimant (copyright ) who is not author 700-1 Claimant, legal name of 1000-11 Claimant on application, name as 1000-10 Claimant or author, error in name or address of 1500-12 Claimant (renewal), deceased person as .... 1300-31 Claimant (renewal), duly authorized agent of 1300-8 Claimant (renewal) , employer as 1300-27 Claimant (rightful), statement as to 1500-12 Claimant same for both sound recording and underlying work 700-3 Claimant (unnamed renewal) identified by status only. 1300-32 Claimant, wrong name given as 1500-12 Claimants ( joint renewal) 1300-28 Claimants or authors ( additional) 1500-10 Claimants (renewal), single class of 1300-16 Claimants (renewal), successor or representatives of 1300-32 Claims ( adverse renewal) 1300-29 Claims (original and renewal), simul- taneous submission of 1300-7 Claims ( unacceptable renewal) 1300-31 Clarification of information 1500-3 Class PA, Form PA 700-3 Class ( single) of renewal claimants 1300-16 Class SR, Form SR 700-3 Class TX, Form SE 700-3 Class TX, Form TX 700-2 Class VA, Form VA 700-3 Classes ( administrative), authority of Register of Copyrights to specify 800-2 Classical ballet 400-19 Classification (administrative) of works 700-1 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Classification for administrative purposes only 700-7 Classification involving two or more categories of authorship 700-6 Classification of booklet and cassette tape 700-7 Classification of claim in phonorecord containing words, music, and sound recording 700-7 Classification of contributions to collective works 700-6 Classification of derivative works 700-6 Classification of multimedia works 400-25 Classification, significance of 700-7 Classification of sound recordings 400-33 Classification where two forms seem appropriate 700-6 Classified information, works con- taining 100-6 Clean motion pictures 800-8, 800-36, 800-37 Clear words of conveyance, lack of 1600-13 Clothing. See Wearing apparel. COBOL (Common Business Oriented Language ) 300-16, 300-28 Code. 300-28 Code (object ) 800-34 Code of Federal Regulations 100-2 Code ( source ) 800-34 Coding 300-28 Coined words 400-13 Collage 500-2 Collect shipment 800-40 Collection (multi-disk) of phonorecords, notice on 1000-24 Collection of dramas 400-17 Collection of sound recordings as copy- rightable authorship 400-44 Collection, separate indexing of indi- vidual titles in. 1500-3 Collections of the Library of Congress, "Best Edition" of Published Copyrighted Works for the 800-46 Collective musical works 400-12 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> \- 21 - Page Collective work, ownership of contribu- tion to. 300-11 Collective works 200-6, 300-7, 300-8 Collective works, alternative position of notice on contributions to 1000-20 Collective works, classification of contributions to 700-6 Collective works, contributions to 800-5, 800-6, 1000-2 Collective works made for hire 300-9 Collective work, notice on contribu- tions to 1000-19 Collector (private), original oil painting sold to 900-2 Collotypes 500-14 Coloration 500-3 Color reproductions of photographic prints 500-13 Coloring 200-3, 500-13 Coloring of periodical editions 300-10 Combination (simple) of standard symbols 500-3, 500-5 Comedy (musical) 400-17 Comedy sketches 400-13 Commerce, normal channels of 1000-23 Commercial label, handmade drawing of. 900-12 Commercial prints or labels (published) 800-25 Commercial value of designs 500-3 Commercial value or aesthetic appeal 500-3 Common Business Oriented Language ( COBOL ) 300-16, 300-28 Common design, joint authorship and 1300-24 Common geometric figures or shapes 500-3, 500-5 Common-law rights in sound recordings fixed before February 15, 1972 400-37 Common-law spouse 1300-17 Commonwealth of Puerto Rico 200-9, 1100-2, 1100-3, 1100-10, 1100-11, 1200-6 Communication, telegraphic or similar unsigned written 1300-2 Communications between applicant and Copyright Office 100-6 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Comparisons of copyright deposits 100-4 Compatible stereo 400-50 Compilation, identification of pre- existing material in 700-2 Compilations 200-6, 300-7 Compilations and derivative works, determination of eligibility for 1100-10 Compilations, maps as 500-16 Compilations, motion pictures as 400-26 Compilations (non-registrable) of sound recordings 400-45 Compilations of dramas 400-17 Compilations of information 700-2 Compilations of music 400-11 Compilations of sound recordings 400-44 Compile 300-28 Compiler 300-16, 300-29 Compilers 1300-16 Complete and unambiguous statement of facts 1600-23 Complete copies : missing parts 800-6 "Complete" copy of motion picture 400-31 "Complete" deposit ( in general) 800-2, 800-5 "Complete" deposit (motion pictures) 800-7, 800-35, 800-36, 800-37 Completed registrations corrected by recordation 1500-7 Completeness of documents 1600-13 Composite work, identification of 1300-10 Composite work, individual contributions to 1300-24 Composite works 1300-9, 1300-10, 1300-11, 1300-24, 1300-25 Composite works and periodicals, renewal of contributions to 1300-9 Composition, perspective in photographic .. 500-15 Composition (photographic) 500-15 Compositions (musical) 1300-24 Compulsory license, musical arrangements made under 400-5 Compulsory license, notices of intention to obtain 1600-1 Computation of recording fees 1600-18ff. <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Computation of copyright term 1000-14 Computations and the like 200-2 Computer 300-29 Computer chips 300-15 Computer program, application form for 300-23ff. Computer program instructional booklets .. 300-35 Computer program (specific deposit examples ) 300-21 Computer programs 300-15, 700-2, 800-33 Computer programs, deposit for regis- tration of 300-18 Computer tapes 1200-8 Computing and measuring, devices and similar articles designed for 500-18 Computing devices 300-2 Computing term for published works 1300-3 Computing term for unpublished works 1300-4 Concealed notice Concept or plan of action 500-6, 1000-16, 1000-25, 1000-26 500-18 Concepts 200-2, 300-2 Concepts and ideas 500-9 Conceptual basis for separability test 500-11 Condition of annotation, recordation as 1600-3 Condition of renewal registration, recordation as 1600-3 Condition to renewal, original regis- tration as 1300-11 Conductor's score (music) 800-7 Confidentiality 800-43 Consanguinity 1300-19, 1300-20 Consecutive listing of titles in series 1600-20 Constitutional provision 100-1 Consular or diplomatic officer, official seal of any 1600-6 Constructive notice of facts stated in recorded document 1600-11 Contact (name, address, and telephone number ) and fee 1200-12 Container (permanent), notice on sepa- rable parts published in 1000-23 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Container (phonorecord) Containers, reels, or spools 1000-3, 1000-10, 1000-16, 1000-24 1000-23 Containers, three-dimensional 800-12 Content and quality of deposit 800-2, 800-11 Content (copyrightable) of editions, difference in 800-10 Content of choreographic works 400-19 Content of work, changes in 1500-18 Contents, mere listing of 200-4, 300-1 Contents of work, disclosure of 900-3 Continuity (motion pictures) 800-36, 800-37 Continuity or shooting script as re- quired description of motion picture 400-29 Continuous or ongoing grants of special relief 800-44 Continuous reproductions of works on sheet-like or strip material 1000-23 Contracts (certain) entered into by cable systems 1600-1 Contribution to periodicals, transfer of copyright in 1600-9 Contribution published with separate copyright notice 1300-11 Contribution to collective work, owner- ship of 300-11 Contributions ( individual) to composite work 1300-24 Contributions (renewal of), first pub- lication as basis of 1300-9 Contributions, separate renewal regis- trations of 1300-10 Contributions to collective works 300-10, 800-5, 800-6, 1000-2 Contributions to collective works, alternative position of notice on 1000-20 Contributions to collective works, classification of. 500-6 Contributions to collective works, notice on 1000-19 Contributions to periodicals and com- posite works, renewal of 1300-9 Contributions to periodicals (group of), single registration for 800-2 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Contributions to periodicals, group registration for 700-4 Convention (Buenos Aires) of 1910 1100-6, 1100-7 Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms 1100-3, 1100-7 Convention (Mexico City) of 1902 1100-6 Convention (Universal Copyright) 1100-1, 1100-4, 1100-5, 1100-7, 1100-14, 1100-15, 1300-7 See also U.C.C. Conveyance, lack of clear words of 1600-13 Conveyance (words of) in transfer docu- ments 1600-12 Coordination and arrangement of compila- tions 300-8 Copies and phonorecords distinguished 400-35 Copies, backing of. 1000-22 Copies ( carbon ) of applications 700-5 Copies (complete) : missing parts 800-6 Copies (deposited), incomplete appearance of. 900-12 Copies deposited, preliminary form of. 900-12 Copies (500), importation of additional 1200-9 Copies, framing of 1000-22 Copies ( handmade ) 1200-9 Copies in raised characters for the use of the blind 1200-9 Copies left in public places 900-3 Copies (matting) 1000-22 Copies, manufacturing requirements applicable only to 1200-6 Copies (mimeographed) 1200-9 Copies (mimeographed) of play 900-12 Copies, mounting of 1000-22 Copies of musical works 400-3 Copies of published works, deletions or insertions in 900-12 Copies, omission of notice from rela- tively small number of 1000-13 Copies or phonorecords, errors in statements or notices on 1500-18 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Copies or phonorecords (existing multiple) 900-4 Copies or phonorecords (multiple) 900-2 Copies or phonorecords not in existence 900-5 Copies or phonorecords, offering to distribute 900-1, 900-4, 1100-2 Copies or phonorecords, purpose of offering to distribute 900-5 Copies, permanent receptacle for 1000-20, 1000-22 Copies printed from type 1200-8 Copies ( typewritten) in multiples 1200-9 Copies (visually perceptible) 1000-1, 1000-2, 1000-18 Copies (visually perceptible), notice on musical works published in 1000-18, 1000-19 Copy ( advertising) 700-2 Copy (deposit) of motion picture, recall of 800-41 Copy limit ( two-thousand) 1200-3 Copy or phonorecord deposited, appearance of 900-2 Copy or phonorecord, unrestricted public access to 900-4 Copyright Act, unspecified fees in 700-10 Copyright (ad interim) 1200-1, 1200-2, 1200-3, 1200-9, 1300-12, 1300-13, 1300-14, 1300-15 Copyright and document, unclear relationship between 1600-4 Copyright and material object: owner- ship distinguished 300-13 Copyright and material object: trans- fer of ownership distinguished 300-13 Copyright, automatic extension of 1300-1 "Copyright by author" 1000-15 "Copyright by publisher" 1000-15 Copyright Card Catalog 100-3 Copyright claim, restriction of 1000-4 Copyright claimant, name and address of. 700-1 Copyright claimant, statement of ownership 700-1 Copyright claimant who is not author 700-1 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Copyright Convention (Universal) 1100-1, 1100-4, 1100-5, 1100-7, 1100-14, 1100-15, 1300-7 Copyright deposits, comparisons of. 100-4 Copyright, duration of. 1300-1 Copyright Entries, Catalogs of 100-3, 1300-7 Copyright, exploitation of 1300-22, 1300-23 Copyright ( first-term) 1300-2, 1300-3, 1300-7 Copyright in contribution to periodical, transfer of. 1600-9 Copyright notice. See Notice of copy- right; see also Notice. Copyright notice, addition or correction of. 1500-19 Copyright notice, contribution published with separate 1300-11 Copyright notice, form of. 1000-2 Copyright notice (machine-readable) 800-35 Copyright, notice of 1000-1ff. Copyright, notice of renewal 1000-26 Copyright notice, omission of 1000-7, 1000-8, 1000-9, 1000-13, 1000-14, 1000-15 1000-16, 1000-17 1000-24, 1000-25 Copyright Office 100-1 Copyright Office annotation 1300-4 Copyright Office, Chief of Acquisitions and Processing Division 800-43, 800-44 Copyright Office, Chief of Examining Division 800-43, 800-44 Copyright Office communications 100-6 Copyright Office, Deposits and Acquisitions Section of Acquisitions and Processing Division 800-39 Copyright Office, deposit in 900-4 Copyright Office error 1300-7 Copyright Office forms, photocopies or other reproductions of 700-5 Copyright Office official search report 1300-6 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Copyright Office policy concerning publication 900-1 Copyright Office policy on nationality or domicile 1100-9 Copyright Office policy regarding purported transfers 1600-2 Copyright Office records 1300-6, 1300-10, 1300-14, 1300-15, 1300-27, 1500-1ff. Copyright Office records, corrections and amplifications of. 1500-1ff., 1600-16 Copyright Office Regulations 100-2 Copyright or claim, abandonment of 1500-22 Copyright, original term of. 1300-1, 1300-2, 1300-3, 1300-4, 1300-7, 1300-10 Copyright owner, authority of 1000-1, 1000-7, 1000-13, 1000-15 Copyright owner, authorization by 900-1 Copyright owner is not signer 1600-9 Copyright owner, name of 1000-2, 1000-3, 1000-9 Copyright ownership, execution of transfers of. 1600-2 Copyright ownership: statement by claimant 700-1 Copyright proprietor 1300-8 Copyright, proprietor of 1300-22 Copyright record ( fundamental) 1500-1 Copyright, recordation of transfers and other documents pertaining to a 1600-1ff. Copyright relations unclear 1100-8 Copyright, renewal of. 1300-1ff. Copyright ( statutory) secured before 1978 1500-12 Copyright term, computation of 1000-14 Copyright term for works made for hire 900-8 Copyright term of anonymous and pseudonymous works. 900-8 Copyright term ( single) 1300-1 Copyright treaties (multilateral) 1100-6 Copyright (U.S. ) protection, eligibility for 1500-13 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Copyright (U.S.) subsists, averment that 1300-8 Copyrightable authorship on form of sound engineering 400-38 Copyrightable elements of sound re- cordings, acceptable descriptions of 400-41 Copyrightable pictorial, graphic, and sculptural expression 500-2 Copyrightability in general 200-1ff. Copyrightability (music) 400-2 Copyrightability (nondramatic literary works ) 300-3 Copyrightability of music, limitations on. 400-5 Copyrightability of pictorial or graphic material 500-13 Copyrightability of sound recordings. Copyrighted (Published) Works for the Collections of the Library of Congress, "Best Edition" of. 400-37 800-46 Copyrighted works (published), "best edition" of. 800-8, 800-46 Copyrights (Register of), authority to specify administrative classes 800-2 Corporate body, renewal by 1300-25 Corporation as transferor 1600-7 Corporation, change or error in name of. 1500-13 Corporation doing business 1100-10 1100-10 Corporation separate and distinct from members or shareholders Corporations 1300-16 Corporations and similar organizations, nationality and domicile of 1100-10 Correcting or amplifying information in another supplementary registration 1500-4 Correction and amplification on Form CA, single form sufficient for 1500-25 Correction, document returned for 1600-16 1500-8 Correction of error in recorded document Correction of error in registration 700-4 Correction of minor errors 1500-21 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Correction of problems relating to extent of claim 1500-20 Correction of problems relating to recorded documents 1500-20 Correction or addition of copyright notice 1500-19 Correction or amplification of Copy- right Office records by recordation of document 1600-16 Correction or change of title 1500-14 Correction space on Form CA 1500-23 Corrections and amplifications of Copyright Office records 1500-1ff. Corrections or amplifications by recordation 1500-7 Corrections ( supplementary registra- tions) 1500-2 Counting of titles 1600-19 Country. 1100-2, 1100-5, 1100-12, 1300-14, 1600-16 See also Nation and date of first publication. Court actions, notification of filing and determination of 1600-1 Cover of book, front or back of 1000-17 Covering letter, titles given only in 1600-12 Coverings ( floor) 800-30 Craftsmanship (artistic), three- dimensional works of 500-9 Craftsmanship, works of artistic 500-1 Creation, incorrect date of 1500-16 Creation of work, year of 700-2 Cross-referencing supplementary registrations 1500-7 Cubes (multicolored geometrical) 500-6 Currency, acceptability of 700-9 Currency ( foreign), fees made payable in 700-9 Current Act, Transitional and Supple- mentary Provisions of the 400-5, 700-8, 1000-14, 1100-8, 1200-1, 1200-2, 1200-3, 1300-15 Customs Service (United States) 700-4, 1200-10 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> \- 31 - Page Cyclopedic, periodical, or other composite work 1300-24 Cylinders (multicolored geometrical) ...... 500-6 - D - Daily newspapers 300-10 Dance 900-6 Dance ( folk) 400-19 Dance movements 400-18 Dance steps ( social) 400-19 Data bases 300-15, 700-2 Data bases, automated 300-35, 800-34 Data, historical 300-14 Date and manner of service of notice of termination 1600-26 Date and nation of first publication 700-2, 900-7 Date (approximate) of first publi- cation. 900-8 Date (earlier) 1000-14 Date ( effective) of recordation 1600-26, 1600-27 Date (effective) of supplementary registration 1500-25 Date (effective) of termination 1600-23, 1600-26 Date, error in 1000-7, 1000-14 Date (expiration) 1300-1, 1300-2, 1300-3, 1300-4 Date (incomplete) of publication 900-11 Date ( incorrect) of creation 1500-16 Date ( incorrect ) of publication 1500-16 Date (later) 1000-14 Date of actual receipt 1300-5 Date of execution 1600-15 Date of deposit in mails 1300-5 Date of first publication 1300-7 Date of first publication, choice of 900-8 Date of fixation as affecting 400-36 eligibility Date of publication, error in 1300-6 Date of publication, impossible or improbable 900-11 Date of publication of previous edition or version 900-12 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Date of publication of separate parts or installments 900-12 Date of publication omitted in appli- cation 900-11 Date of recordation 1600-16 Date of registration of unpublished works 1300-4 Date of release as first publication 900-8 Date or name, omission of 1000-15 Date (year) dispersed 1000-8 Date (year) , form of 1000-7 Date (year) in Library of Congress 1000-9 Catalog Card Number Date (year) in notice 1000-7, 1000-8, 1000-9, 1000-14 Date (year) in notice, more than one 1000-9 Date (year) omitted 1000-2, 1000-7 Dates of death of deceased authors 700-1 De minimis works 200-2, 500-12 Deadline, amendment after 1300-4 Death of authors, dates of 700-1 Death of authors, statements relating to 1600-1 Debugging 300-29 Decal, reverse notice on 1000-26 Decals 500-13 Deceased author, estate of 1300-19 Deceased authors: dates of death 700-1 Deceased person as renewal claimant 1300-31 Deceased person named in notice 1000-12 Declaration of value 800-40 Declaration ( self-serving) 1600-3 Declicking 400-47 Decoding 400-47 Defect in deposit. 1500-18 Defects (motion pictures) 800-8, 800-36, 800-37 Definition ( fixation) 400-36 Definition of author 1100-1 Definition of domicile 1100-1 Definition of first publication 1100-2 Definition of national 1100-2 Definition of producer of phonograms 1100-3 Definition of renewal "author" 1300-16 <!-- PageFooter="[1984]" --> ☒ ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Definition of sovereign authority of a foreign national 1100-3 Definition of stateless 1100-3 Definition of United States 1100-3 Definition (phonorecords ) 400-34 Delay in delivery 1300-5 Deletion of name of author 1500-14 Deletions or insertions in copies of published work 900-12 Delivery, delay in 1300-5 Denial of special relief 800-44 Denomination of work as title 1600-19 Deposit Accounts 700-9, 1200-12 Deposit Accounts, minimum requirements for 700-9 Deposit ( "complete") in general 800-2, 800-5 Deposit copy of motion picture, recall of. 800-41 Deposit, defect in 1500-18 Deposit examples ( computer program) 300-21 Deposit for registration 800-1ff. Deposit for registration, relationship to mandatory deposit of 800-45 Deposit in Copyright Office 900-4 Deposit in mails, date of 1300-5 Deposit in public library 900-4 Deposit (mandatory), relationship of deposit for registration to 800-45 Deposit of identifying material for computer programs 300-18 Deposit of phonorecords of musical works 400-5, 900-7 Deposit (original), examination necessary of. 1500-20 Deposit provisions ( statutory) 800-1 Deposit regulations 800-2 Deposit requirements (applicable) not met 1500-19 Deposit requirements for motion pictures 400-29, 800-35, 800-39 Deposit (required) , unavailability of. 800-43 Deposit requirement for music embodied in soundtrack 400-4, 800-32 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Deposit requirements for registration, special relief from. 800-42 Deposited copies, incomplete appearance of 900-12 Deposited copies of published works, deletions or insertions in 900-12 Deposited copies, preliminary form of 900-12 Deposited material, preliminary form of 900-12 Depositor, attorney-in-fact for 800-40 Depositor ( individual) or legal representative 800-39 Depositor ( foreign) of motion pictures. 800-39 Deposits and Acquisitions Section of Acquisitions and Processing Division, Copyright Office 800-39 Deposits ( copyright) , comparisons of 100-4 Derivative audiovisual works 400-24 Derivative choreographic works 400-20 Derivative computer programs 300-17 Derivative music subject to evaluation "As a Whole" 400-11 Derivative sound recordings 400-39 Derivative sound recordings, types of 400-41 Derivative work, additional music as 400-11 Derivative work, identification of preexisting material in 700-2 Derivative works 200-6, 300-6 Derivative works and compilations, determination of eligibility for 1100-10 Derivative works, art reproductions as 500-14 Derivative works, classification of. 700-6 Derivative works (dramatic) 400-16 Derivative works, maps as 500-16 Derivative works, motion pictures as 400-26 Derivative works (musical) 400-6 Description (dramatic) 400-14 Description (literary) as copy of musical work 400-4 Description of motion picture as part of required deposit 400-29 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Description (textual) as registrable choreography 400-20 Descriptions (acceptable) of copyright- able elements of sound recordings 400-41 Descriptions or explanations (brief) 1200-5 Descriptive phrase (different) 1600-11 Descriptive subtitle or translation 1600-21 Design (common), joint authorship and 1300-24 Design (conventional) of fleur-de-lys 500-3 Design of chevron stripes 500-3 Design or model of table lamp 500-6 Design reproductions 500-13 Designation (alternative) 1000-2, 1000-3, 1000-9, 1000-11, 1000-15 Designation (alternative) or abbre- viation 1000-11 Designs (abstract) 500-13 Designs, commercial value of 500-3 Designs ( representational) 500-13 Device or machine, forms, calibrated for use in conjunction with 500-18 Desirability of recordation 1600-3 Devices and similar articles designed for computing and measuring 500-18 Devices designed for computing and measuring 300-2 Devices (optical scanning) 800-33, 1000-21 Diagrams 500-1, 700-3 Diagrams ( engineering) 500-17 Dialog (dramatic) 400-14, 400-15 Dials (wheel) 500-18 Diaries 300-13 Diatonic scales 400-3 Difference in copyrightable content between editions 800-10 Different descriptive phrase 1600-11 Different subtitles 1600-20 Different titles 1600-11 Diplomatic or consular officer, official seal of any 1600-6 Direct or indirect performance before an audience 700-3 Directions ( stage) for action 400-15 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Directories 300-8, 700-2 Disclosure of work's contents 900-3 Discoveries 200-2, 300-2 Discoveries, scientific or technical 500-18 Discretion to extend 1300-2 Discretionary waiver of fees 700-8 Dishonored checks 700-10 Disks 300-30, 800-33, 1000-2, 1000-24 Disks (magnetic) 1000-20 Disks (perforated metal) 400-35 Disks ( phonorecord) 400-5 Disks (vinyl) 400-35 Dispersed notice: year date 1000-8 Display on terminal of notice 1000-20 Display or performance (public) 900-1, 900-4 900-6 Display (private) 900-6 Display (public) 1100-2 Disposable wrapper 1000-24 Disruption of postal or other service 1300-5 Distortions (motion pictures) 800-8, 800-36, 800-37 Distribute (offering to) as publica- tion 900-2 Distribution before 1978 only in form of phonorecords 900-7 Distribution by rental, lease, or lending 900-4 Distribution by sale or other transfer of ownership 900-4 Distribution ( further), public perfor- mance, or public display. 900-1, 900-4 Distribution of copies or phonorecords, purpose of 900-5 Distribution (public) required 900-3 Distribution, statement purporting to limit or restrict 900-3 Distribution to group of persons 900-5 District of Columbia 200-9, 1100-3, 1100-10, 1100-11, 1200-6 Divorced spouse 1300-17 [1984] ☒ ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Document, addendum to 1600-13 Document and copyright, unclear rela- tionship between 1600-4 Document, apparent inconsistency of 1600-7 Document, appendix to 1600-13 Document, attachments to 1600-13 Document, correction or amplification of Copyright Office records by recordation of. 1600-16 Document, failure to identify work in 1600-11 Document, formal sufficiency of 1600-5 Document (illegible) 1600-6 Document, incorporation by reference of ... 1600-14 Document indexed as "transfer" 1600-2 Document, initialing of returned 1600-13, 1600-18 Document of transfer, recordation of 1500-11 Document (recordable) returned at sender's request) 1600-17 Document (recorded), attached material not essential to 1600-13 Document (recorded), constructive notice of facts stated in 1600-11 Document (recorded), correction of error in 1500-8 Document (recorded) part of larger document 1600-14 Document returned for amendment 1600-13 Document returned for correction 1600-16 Document submitted for recordation, amendments in 1600-17 Document submitted in error for recordation 1600-4 Document (unsigned) 1600-7 Documents, completeness of 1600-13 Documents, effect of recordation of 1500-9 Documents, indexing of 1600-2, 1600-7, 1600-8, 1600-10, 1600-11, 1600-12, 1600-15, 1600-17, 1600-21, 1600-27, 1600-28 Documents pertaining to a copyright, recordation of transfers and other 1600-1ff. Documents, recordation of. 1500-2, 1500-7 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Documents, recordation of transfers and other 1600-2 Documents ( recorded), correction of problems relating to 1500-20 Documents ( transfer ) : words of convey- ance 1600-12 Dolbyized 400-47 Dolls 500-1, 800-12, Dolls (mechanical), imitation of 1000-2, 1000-7 400-21 Domicile, acceptable statements of 1100-13 Domicile and nationality of corporations and similar organizations 1100-10 Domicile, change of 1500-13 Domicile, definition of 1100-1 Domicile of author 1300-8 Domicile or nationality after publica- tion, change in 1100-12 Domicile or nationality, Copyright Office policy on 1100-9 Domicile or nationality in case of work made for hire 1100-9 Domicile or nationality of anonymous author 700-1 Domicile or nationality of author having more than one nationality 1100-9 Domicile or nationality of multiple authors 1100-9 Domicile or nationality of pseudonymous author 700-1 Domiciliary of United States 1100-11 Domiciliary or foreign national 1100-5 Domiciliary or U.S. national 1100-5 Domiciliary or U.S. national, author not 1200-7 Domiciliary or U.S. national, employer of author is not 1200-8 Doubt, rule of 100-5, 300-12, 300-20, 300-22, 1000-4, 1200-2 Doubtful case 1300-6, 1300-30 Doubtful validity 1300-13, 1500-17 Drama (music) 400-17 See also Dramatico-musical works. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Drama, simultaneous fixation of 400-16 Drama ( translated) 400-16 Drama without words 400-15 Dramas 1300-24 See also Dramatic works; Plays. Dramas, collection of. 400-17 Dramas, compilations of 400-17 Dramatic content, requirement of 400-15 Dramatic derivative works 400-16 Dramatic material embodied in phono- records 1000-1 Dramatic work ( recorded), publication of. 900-7 Dramatic works 400-14, 700-3, 1200-4 See also Dramas; Plays. Dramatic works distributed before 1978 only as phonorecords 1100-13 Dramatic works, embodiment of. 400-16 Dramatico-musical works 400-17, 1300-24 Dramatization of novel 400-16 Drawing 500-14 Drawing ( handmade) of commercial label 900-12 Drawing, photocopy of 500-15 Drawings 500-2 Drawings ( architectural ) 500-1, 500-17 Drawings (mechanical) 500-17 Drawings or pictorial representations of area 500-16 Drawings ( technical) 500-1, 500-17, 700-3, 800-4 Driftwood 500-8 Dub 400-48 Duly authorized agent 100-8, 100-9, 1200-10, 1200-12, 1300-8, 1500-7, 1600-2, 1600-5, 1600-6, 1600-24, 1600-25, 1600-27 Duly authorized agent of renewal claimant 1300-8 Duly authorized agent or successor in interest 1500-7 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Duly authorized agent, termination of grant executed by 1600-25 Dump. 300-30 Duplicate application for renewal 1300-29 Duration of copyright 1300-1 Duration of copyright for anonymous and pseudonymous works, and works made for hire. 1000-14 Duration of sixty seconds or less ( untitled motion picture or other audiovisual work) 1000-21 Dust jackets 300-11 See also Book jackets. Dust jackets on books, notice on 1000-24 - E - Each grantee, name of 1600-23 Each separate transfer, fee required for 1600-18 Each side of leaf regarded as "page" 1600-21 Each work, title and author of. 1600-23 Earlier date 1000-14 Earlier registration not authorized 1500-21 Edicts of government 200-5, 200-8, 300-5 Editing 400-48 Editing (musical) 400-11 Editing of sound recordings as new matter 400-43 Editing of sound recordings, question- ability of. 400-43 Edition (Best) of Published Copyrighted Works for the Collections of the Library of Congress 800-46 Edition (first published) of previously registered work 900-10 Edition ( foreign), manufactured 700-4 Edition ( foreign) never registered 1300-13 Edition (later published U.S. ) of work first published outside the United States 900-10 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Edition or version (previous), date of publication of. 900-12 Edition (U.S. ), manufacture of 1200-2 Edition (u.S.), optional registration of 1200-2 Editions, difference in copyrightable content between 800-10 Editions ( limited), pictorial or graphic works published in certain 800-23 Editions of daily newspapers 300-10 Editions (two), single renewal appli- cation for 1300-12 Editors 1300-16 Effect of recordation of documents 1500-9 Effect of Universal Copyright Conven- tion on renewal 1300-14 Effective date of fee schedule 700-8 Effective date of recordation 1600-26 Effective date of supplementary regis- tration 1500-25 Effective date of termination 1600-23, 1600-26 El Salvador 1100-6 Electronic or photomechanical process 1000-21 Elements indistinguishably merged into single entity 1300-24 Eligibility 1100-1ff. Eligibility as affected by date of fixation 400-36 Eligibility for U. S. copyright pro- tection 1500-13 Ellipse 500-3 Elsewhere in Library of Congress 1300-2, 1300-5 Embodiment of audiovisual works 400-24 Embodiment of choreography 400-19 Embodiment of dramatic works 400-16 Embodiment of motion pictures 400-25 Embodiment of nondramatic literary works prepared for oral delivery 400-14 Embodiment of pantomimes 400-22 Embodiment of pictorial, graphic, and sculptural works 500-1 Embodiment of sound recordings 400-34 Embroidery 800-30 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Employer as author of motion picture 400-28 Employer as renewal claimant 1300-27 Employer, "author" as meaning indi- vidual person and not 1300-11 Employer of author is not U.S. national or domiciliary. 1200-8 Employers in the case of works made for hire 1300-16, 1300-26 Employment for hire 1200-8 Employment for hire, agreement of. 1300-27 Employment-for-hire statement, error or omission in 1500-15 Encoding 400-48 Encryption 300-30 Encyclopedia 1000-2 End of calendar year 1300-1, 1300-2, 1300-3, 1300-4, 1300-13 Engineering blueprints 800-4 Engineering diagrams 500-17 English language 700-4 English-language book or periodical 1200-3 English-language books and periodicals first published abroad 1300-12 English-language nondramatic literary material (preponderantly) 1200-3, 1200-6 1200-4, English language preferred for communications 100-8 Enhanced stereo 400-50 Enhancements 300-30 Entry (port of) 1200-10 Envelope (mailing) 1000-24 Ephemeral recordings 200-8 EPROM (Erasable Programmable Read-Only Memory) 300-30 Equalization 400-48 Erasable Programmable Read-Only Memory (EPROM) 300-30 Errata and addenda sheets 1500-18 Erroneous submission of document for recordation 1600-4 Error (Copyright Office) 1300-7 Error in date 1000-7, 1000-14 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Error in date of publication 1300-6 Error in name 1000-13 Error in name or address of author or claimant 1500-12 Error in recorded document, correction of. 1500-8 Error in registration, correction of 700-4 Error (minor typographical) 1600-15 Error of Examining Division 1500-21 Error, omission, or patent ambiguity 1300-6 Error or ambiguity on renewal application 1300-10 Error or change in name of corporation or organization 1500-13 Error or omission in employment-for-hire statement 1500-15 Errors in statements or notices on copies or phonorecords 1500-18 Errors (minor), correction of 1500-21 Errors ( obvious), freedom from 1600-14 Estate of deceased author 1300-19 Etching 500-14 Evidence (prima facie) of execution 1600-15 Evidence (prima facie) of validity 100-3 Examination of original deposit necessary 1500-20 Examination process 100-3 Examining Division (Chief), Copyright Office 800-43, 800-44 Examining Division error 1500-21 Examining Division, Head of Literary Section of 800-29 Exception to requirement for original registration 1300-7 Exceptions to requirement of "best edition" 800-10 Exceptions to requirement of identi- fying material (published works) 800-12 Excess fee payments 700-8 Execution, date of 1600-15 Execution of transfers of copyright ownership 1600-2 Execution, prima facie evidence of 1600-15 Executor ( ancillary) 1300-18 Executor ( literary) 1300-18 Executor, qualification of 1300-18 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Executor ( substitute) 1300-18 Executor ( successor ) 1300-18 Executors 1300-18 Executrix. See Executor . Exhibit 1600-13 Exhibit. See Display. Existing multiple copies or phono- records 900-4 Expiration date 1300-1, 1300-2, 1300-3, 1300-4 Explanations or descriptions (brief) 1200-5 Exploitation of copyright 1300-22, 1300-23 Express requirement in writing, omission of notice in violation of 1000-13 Expression ( insufficient) 500-9 Extended renewal term 1600-1, 1600-22, 1600-27 Extended renewal term, termination of transfers and licenses granted by author under 1600-22 Extent of copyright claims 100-4 Extension of copyright ( automatic) 1300-1 Extent of claim, correction of problems relating to 1500-20 Extent of renewal claim 1300-32 Extent of nature of authorship, change in statement of 1500-15 Extraneous notices 1000-27 - F - Fabric (textile) 500-3 Fabrics and textiles 1000-7 Facsimile reproduction ( full-size) 1600-5 Facsimile signature 1600-9 Facts 300-14 Facts and events 200-2, 300-14 Facts as stated must be completed and unambiguous 1600-23 Facts ( changes in) occurring since basic registration 1500-3 Facts of original registration 1300-10 Facts stated in recorded document, constructive notice of 1600-11 <!-- PageFooter="[1984]" --> ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Factual investigations 900-1 Failure to identify necessary parties 1600-10 Failure to identify work 1600-11 False representation of material fact 100-10 Familiar symbols or designs 200-3, 500-3 Features 300-30 Features (artistic) 500-12 Fee and contact (name, address, and telephone number ) 1200-12 Fee ( excess) payments 700-8 Fee for registration may not be waived or reduced 100-9 Fee for renewal 1300-3, 1300-5, 1300-6 Fee insufficient for recordation 1600-17 Fee payments made by mistake, refund of 700-8 Fee (registration), waiver or reduction disallowed 100-9 Fee required for each separate transfer 1600-18 Fee schedule, effective date of. 700-8 Fees 700-7 Fees (additional) for title indexing 1600-21 Fees, applicability to U.S. Govern- ment of 700-8 Fees, applications and 700-1ff. Fees, discretionary waiver of 700-8 Fees, form of payment of. 700-8 Fees made payable in foreign currency 700-9 Fees ( recordation) 700-7 Fees ( recording) 1600-18 Fees (recording) , computation of 1600-18ff. Fees, refunds of 700-8 Fees (registration) 700-7 Fees (registration), submission of 700-8 Fees remitted from outside United States 700-9 Fees ( unspecified) in Copyright Act 700-10 Fiction. 700-2 Fictionalizations 300-7 Fictitious name in notice 1000-12 Figurines (ceramic) 500-1 Filing and determination of court actions, notification of 1600-1 Film 400-25, 800-33 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> ☒ ☒ Page Film, graphic illustrations fixed in 800-38 Film or tape, leader of 1000-21 Film, separately registrable works of authorship fixed in 800-38 Film strips 500-1 Film, works published in 1000-21 Filmstrip, audio cassette accompanying 700-3 Filmstrip containing only text 700-5 Filmstrips 800-33 Filmstrips, works published in 1000-21 Financial burden 800-43 Findings of fact 100-4 Fine art 500-1 Firms 1300-16 Firmware 300-31 First-class mail 1600-22, 1600-25 First page of music 1000-18, 1000-19 First published abroad (English- language books and periodicals) 1300-12 First publication, acceptable state- ments of nation of 1100-13 First publication, approximate date of 900-8 First publication as basis of renewal of contributions 1300-9 First publication, choice of date of 900-8 First publication, date and nation of 700-2, 900-7 First publication, date of 1300-7 First publication, definition of. 1100-2 First publication in a UCC country 1100-5 First publication in United States 1100-5, 1100-11 First publication, nation of 1100-2 First publication outside of United States 800-11 First publication, place of 1300-8 First publication posthumous 1100-12 First publication, release date as 900-8 First publication, year of 1000-2, 1000-6, 1000-14 First published edition of previously registered work 900-10 First-term copyright 1300-2, 1300-3, 1300-7 Five-hundred copies, importation of additional 1200-9 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Five-pointed star 500-3, 500-9 Five-year ad interim term 1200-2 Five years of publication, registra- tion made within 1000-1, 1000-4, 1000-8, 1000-13, 1000-25 Fixation 200-5, 400-36 Fixation (date of) as affecting eligibility. 400-36 Fixation, definition of 400-36 Fixation in film, videotape, or the like of separately registrable works of authorship 400-32, 800-38 Fixation of motion pictures as related to their publication 400-27 Fixation of musical, spoken, or other sounds 700-3 Fixation requirement (motion pictures) 200-5, 400-25 Fixation ( simultaneous ) of drama 400-16 Fleur-de-lys design (conventional) 500-3 Floor coverings 800-30 Floppy disk 300-31 Flowcharts 300-35 Folk dance 400-19 Foreign country, transfer executed in 1600-16 Foreign currency, fees made payable in. 700-9 Foreign depositors of motion pictures 800-39 Foreign edition never registered 1300-13 Foreign government works 200-10 Foreign-language works 1200-4 Foreign-language works. See also Works in languages other than English. Foreign manufactured edition 700-4 Foreign nation, definition of sovereign authority of a 1100-3 Foreign national or domiciliary. 1100-5 Foreign nation, sovereign authority of. 1100-3, 1100-5 Foreword or preface 1200-5 Form CA 1500-2, 1500-21, 1500-22, 1500-23, 1500-24, 1500-25 Form CA ( amplification space) 1500-24 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Form CA, completion of 1500-22 Form CA ( correction space) 1500-23 Form CA: information not contained in appropriate space 1500-25 Form CA (missing information) 1500-23 Form CA: single form sufficient for correction and amplification 1500-25 Form CA: Supplementary Registration 700-4 Form GR/CP: Group Registration for Contributions to Periodicals 700-4 Form IS 1200-10 Form IS, completion of 1200-11, 1200-12 Form IS: Request for Issuance of an Import Statement 700-4 Form of copyright notice 1000-2 Form of payment of fees 700-8 Form of year date 1000-7 Form RE (Renewal application) 700-4, 1300-2, 1300-3 Form SR (Class SR) 700-3 Form SR, obligatory use of 700-7 Form ( application) inappropriate 700-7 Form (application), most appropriate 700-5 Form ( application) prescribed by Register of Copyrights 700-1 Form PA (Class PA) 700-3 Form SE (Class TX) 700-3 Form SR obligatory for sound recording authorship 700-7 Form TX ( Class TX) 700-2 Form VA (Class VA) 700-3 Formal sufficiency of document 1600-5 Format and layout of book design 200-4, 300-3 Format or layout 300-3 Forms ( application) 700-1 Forms ( application), legibility of 700-5 Forms ( application) , quality of 700-5 Forms ( application), repetitive infor- mation on 700-5 Forms (basic application) 700-2 Forms ( blank) 500-18 Forms ( calibrated) for use in conjunc- tion with machine or device 500-18 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Forms (Copyright Office), photocopies or other reproductions of 700-5 Forms of publication ( alternative) 900-5 Forms ( order) 500-18 Forms (printed) not provided for notices of termination 1600-23 Forms (report ) 500-18 Formula of measurement 500-18 FORTRAN. 300-16, 300-31 Fragility 800-43 Framing of copies 1000-22 Fraternal organizations 1300-16 Freedom from obvious errors 1600-14 Freedom of Information Act 700-10 Fret notation 400-4 Front cover of book 1000-17 Full name and address typewritten or printed legibly 1600-25 Full-size facsimile reproduction 1600-5 Full-term registrations 1300-12 Fundamental copyright record 1500-1 Furniture 500-11 Further distribution, public perfor- mance, or public display 900-1, 900-4 - G - Game or puzzle box 1000-23 Games. 800-12 Garments 500-11, 800-32 Geometric figures or shapes ( common ) 500-3, 500-5 Geometrical (multicolored) spheres, cubes, and cylinders 500-6 Gift ( unrestricted) 900-3 Glassware 500-1 Globes 500-1, 500-16, 700-3 Globes and relief models 800-4, 800-12 Glossary of Terms 300-27, 400-46 Government, edicts of. See Edicts of government. Government publications 200-5, 200-9, 300-4 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Government (U.S.), applicability of fees to. 700-8 Government (U.S. ) works 200-5, 200-8, 200-9, 200-10, 300-4, 1000-3, 1000-16 Government (U.S.) works, publication incorporating 1000-16 Governmental agency or subdivision 1100-3 Grandchildren 1300-18 Grant executed by duly authorized agent, termination of 1600-25 Grant executed by one or more authors, termination of. 1600-25 Grant executed by someone other than the author, termination of 1600-25 Grant, identification of 1600-23 Grant, surviving person or persons who execute grant. 1600-23 Grantee, name of each 1600-23 Grantee or successor in title, last known address of 1600-22, 1600-25 Grants of special relief (continuous or ongoing) 800-44 Graph paper 200-3, 300-2, 500-18 Graphic expression (copyrightable) 500-2 Graphic illustrations fixed in film 800-38 Graphic material, minimal standards for 500-3 Graphic matter other than motion pictures, Best Edition of 800-48 Graphic or pictorial design, repetition of 800-30 Graphic or pictorial labels 700-3 Graphic or picorial material, copy- rightability of 500-13 Graphic or pictorial works published in certain limited editions 800-23 Graphic or pictorial works reproduced in or on sheetlike materials 800-30 Graphic or pictorial works ( unpub- lished 800-21 Graphic, pictorial, and sculptural works 700-3 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Graphic, pictorial, and sculptural work with accompanying text 1000-2, 1000-7 Graphic works 500-1ff., 1200-4 Graphic works, embodiment of. 500-1 Graphic works, notice on 1000-22 Graphic works, reproductions of 500-14 Grave markers 500-1 Greeting cards 500-13, 800-4, 1000-2, 1000-7 Gregorian calendar 900-11 Group of persons, distribution to 900-5 Group registration for contributions to periodicals 700-4 Group registrations (renewal) 1300-11 Guam 1100-2, 1100-3, 1100-6, 1200-6 Gummed label 1000-20 - H - "Hand of God" by Rodin 500-14 Hand-printed signature 1600-9 Handmade copies 1200-9 Handmade drawing of commercial label 900-12 Handwritten notice 1000-25 Handwritten signature 1200-12, 1300-8, 1600-25 Hardware 300-31 Harmonic chord symbols 400-8 Harmony 400-1 Hamony (conventional or triadic) 400-3 Headings 1200-5 Height charts 200-3, 300-2 Heirs 1300-20 Head of Literary Section, Examining Division 800-29 Hexadecimal coding 300-16 Hexagon 500-3, 500-9 Hire, agreement of employment for. 1300-27 Hire, employers in the case of works made for 1300-16, 1300-26 Hire ( employment for) 1200-8 Hire, motion pictures made for 400-28 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II \- 52 - Page Hire, work made for. 700-1, 1100-1 Hire (works made for), copyright term of 900-8 Hire (works made for), duration of copyright for 1000-14 Hire (work made for), nationality or domicile in case of. 1100-9 Historical data 300-14 Hologram, choreography fixed in 800-38 Holograms 400-26, 500-1, 500-15, 800-18 Holography, authorship of 500-16 Household appliances 500-11 Human author 200-2, 500-8 Husband 1300-17 Hustle dance step 400-19 - I - Idea 500-5 Idea of measurement 500-18 Ideas 200-2, 300-2 Ideas and concepts 500-9 Ideas for sound effects 400-16 Ideas, processes, or systems 500-18 Identification of composite work 1300-10 Identification of grant 1600-23 Identification of preexisting material in compilation 700-2 Identification of preexisting material in derivative work 700-2 Identifying material (content of pieces ) 800-14, 800-16, 800-19, 800-21, 800-24, 800-27, 800-30 Identifying material for computer programs, deposit of. 300-18 Identifying material (holograms) 800-18 Identifying material, incomplete deposit of. 300-22 Identifying material (machine-readable works ) 800-33 [1984] ☒ ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Identifying material, notice on 300-19 Identifying material (number of pieces ) 800-14, 800-16, 800-19, 800-21, 800-23, 800-26, 800-30 Identifying material (oversize copies) 800-16 Identifying material (pictorial or graphic works reproduced in or on sheetlike materials) 800-30 Identifying material (pictorial or graphic works published in certain limited editions) 800-23 Identifying material (published commercial prints or labels) 800-25 Identifying material (published tests and answer material) 800-28 Identifying material (published works) 800-11 Identifying material (published works), exceptions to requirement of 800-12 Identifying material (size of pieces ) 800-15, 800-18, 800-20, 800-22, 800-25, 800-28, 800-31 Identifying material, title on 300-19 Identifying material, type of 800-13, 800-16, 800-19, 800-21, 800-23, 800-26, 800-30 Identifying material (unpublished motion pictures ) 800-36 Identifying material (unpublished pictorial or graphic works) 800-21 Identifying material (unpublished works) 800-3 Identifying material (works embodied only in motion picture soundtracks) 800-32 Identity and Signal Carriage Comple- ment, Notices of 1600-1, Identity by reference 1000-15 Identity of authors of anonymous and pseudonymous works, statements regarding 1600-1 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Illegible applications 700-5 Illegible document 1600-6 Illegitimate child 1300-17 Illustrative (graphic) fixed in film 800-38 Illustrators 1300-16 Images in any sequence, showing of 900-6 Images ( individual) of audiovisual works shown nonsequentially 900-6 Images ( related) , series of. 400-23 Imitation of mechanical dolls 400-21 Impersonal legal entity as transferor 1600-7 Import Statement 700-4, 1200-1, 1200-3, 1200-5, 1200-7, 1200-9, 1200-10, 1200-11, 1200-12, 1200-13 Import Statement, limit on issuance of 1200-11 Import Statement not required 1200-10 Import Statement, request for 1200-10 Import Statement, request for issuance of 700-4 "Importance" test. 1200-5 Importation 700-4, 1200-1, 1200-3, 1200-6, 1200-7, 1200-8, 1200-9, 1200-10, 1200-13 Importation of additional 500 copies 1200-9 Importation under Act of 1909 1200-9 Importation in unlimited quantities 1200-4 Importation of new version 1200-12 Importation (unlimited) 1200-7, 1200-8 Imported and unpublished versions sub- stantially different 1200-10 Impossible or improbable date of publi- cation 900-11 Impossibility of signing or initialing 1600-13 Improbable or impossible date of publi- cation 900-11 Improper affixation of notice 1000-17 Improvisation to choreographic work 400-19, 400-21 Inaccurate applications 700-5 Inappropriate application form 700-7 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Incomplete appearence of deposited copies 900-12 Incomplete applications 700-5 Incomplete date of publication 900-11 Incomplete deposit of identifying material 300-22 Inconsistency of document apparent 1600-7 Incorporation by reference 1600-14 Incorrect date of creation 1500-16 Incorrect date of publication 1500-16 Indexing of document as "transfer" 1600-2 Indexing of documents 1600-2, 1600-7, 1600-8, 1600-10, 1600-11, 1600-12, 1600-15, 1600-17, 1600-21, 1600-27, 1600-28 Indexing (title), additional fees for 1600-21 Indicia of publication 900-12 Indirect or direct performance before an audience 700-3 Indistinguishable merger of elements into single entity. 1300-24 Individual contributions to composite work 1300-24 Individual depositor or legal repre- sentative 800-39 Individual images of audiovisual work shown nonsequentially 900-6 Individual person and not employer, "author" as meaning 1300-11 Individual, signature of 1600-9 Individual titles in collection separately indexed 1500-3 Informal applications (renewal) 1300-2 Information (additional) previously omitted 1500-3 Information at variance with statement of applicant 900-2 Information, clarification of 1500-3 Information, compilations of 700-2 Information (Freedom of) Act 700-10 Information in registration, amplifi- cation of. 700-4 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Information (manufacturing) for pub- lished works 700-2 Information (missing) added by annotation 1500-23 Information missing on Form CA 1500-23 Information not contained in appro- priate space on Form CA 1500-25 Information, outside sources of 1600-12 Information (repetitive) on appli- cation forms 700-5 Information that is common property 200-3, 300-2 Ingenuity of work. 200-1 Ingredients, mere listing of 200-4, 300-1 Initialing of returned document 1600-13, 1600-18 Initialing or signing, impossibility of 1600-13 Initials or monogram in lieu of signature 1600-9 Insertions or deletions in copies of published work 900-12 Installments or separate parts, date of publication of 900-12 Installments or separate parts, publication of 900-10 Installments or separate parts, unit publication of. 900-10 Installments (serial) 1300-13 Instructional booklets ( computer program) 300-35 Instructions ( shipment) 800-40 Instrument in writing 1600-5 Instrument (multi-party) 1600-7 Instrument ( two-party) 1600-7 Instrumentation (musical) 400-9 Insufficient recordation fee received 1600-17 Insurance coverage 800-40 Insufficient expression 500-9 Intaglio or relief printing methods 800-12 Intention manifest to transfer 1600-13 Interference proceedings 100-5 International Money Order 700-9 Interpreter 300-31 Interviews 300-13 Intestate author 1300-19 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II Page Intestate or testamentary succession 1300-15 Investigations ( factual) 900-1 Irrelevant factors in separability test ... 500-12 Issuance of Import Statement, limit on .... 1200-11 Issurance of Import Statement, request for 700-4 Issue number (volume and) 1000-18 Issue (periodical) 1000-2 \- J - Jacket (dust) on books, notice on 1000-24 Jacket housing sound recording 1000-24 500-10 Jeweled pin. Jewelry 500-1, 800-12, 1000-2, 1000-7 Joint authorship and common design 1300-24 Joint authorship reflecting common design indistinguishably merged into single entity 1300-24 Joint renewal claimants 1300-28 Jokes 400-13 Journals 700-3 Judicial opinions 200-8, 300-5 "Jumping jacks" or walking steps 400-18 Juxtaposition of limitations to notice 1000-3, 1000-4, 1000-5, 1000-20 \- K - Kin (next of) 1300-19 Kit (multimedia), notice on 1000-24 Knife, serrated edge of 500-10 \- L - Labanotation Label cemented, sewn, or otherwise 400-20 durably attached 1000-22 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Label (commercial), handmade drawing of 900-12 Label (gummed) 1000-20 Label not considered useful article 1000-7 Labels 500-13 Labels or prints (published commercial 800-25 Labels or tags 1000-23 Labels (phonorecord) 1000-3, 1000-10, 1000-16, 1000-24 Labels (pictorial or graphic) 700-3 Lace 800-30 Lamp base ( sculptured) 500-12 Language 300-32 Language (English) 700-4 Language used for communications 100-8 Last known address of grantee or successor in title 1600-22, 1600-25 Late renewal application 1300-13 Later date 1000-14 Later published U.S. edition of work first published outside the United States 900-10 Later version of published work, renewal of 1300-32 Layout and format of book design 200-4, 300-3 Layout or format 300-3 Lease, rental, or lending 1100-2 Leader of film or tape 1000-21 Leaf (each side of) regarded as "page" 1600-21 Leaf, "page" as single side of 1000-18 "Leaf" ( sheet of paper) 1000-18 Lease 900-1 Lease, distribution by 900-4 Leasing of musical compositions 800-5, 800-7 Leaving copies in public place 900-3 Lectures 800-5 Legal name of claimant 1000-11 Legal representative or attorney- in-fact 1600-8 Legal representative or individual depositor 800-39 Legal sufficiency of notice of termination 1600-26 Legatees of author 1300-18 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Legibility of application forms 700-5 Legibility of notice 1000-25 Legibility of notice of termination 1600-26 Legibility ( permanent) of notice 1000-26 Legible (permanently) notice 1000-16, 1000-26 Legible photocopy 1600-5 Legibly printed or typewritten full name and address 1600-25 Legislative enactments 200-8, 300-5 Lending 900-1 Lending, distribution by 900-4 Lending of musical compositions 800-5, 800-7 Lending, rental, or lease 1100-2 Letter (cautionary) See also Warning letter. 1000-4, 1300-13 Letter of transmittal 1300-5, 1600-12 Letter (warning) 1000-7, 1000-8 See also Cautionary letter. Lettering. 500-13 Lettering, mere variations of typo- graphic 200-3, 500-13 Letters and diaries 300-13 Library of Congress 100-1, 800-8, 800-39ff. Library of Congress Catalog Card Number, year date in 1000-9 Library of Congress (Collection of the), "Best Edition" of Published Copyrighted Works for the 800-46 Library of Congress, elsewhere in 1300-2, 1300-5 Library of Congress (Motion Picture Section, Motion Picture Broadcasting and Recorded Sound Division) 800-41 Library of Congress Regulations 100-1 Library (public), deposit in 900-4 License agreements and royalty payments voluntarily negotiated 1600-1 License ( compulsory), musical arrange- ments made under 400-5 License ( compulsory), notices of inten- tion to obtain 1600-1 Licenses and transfers granted by author in 1978 or thereafter, termination of ... 1600-27 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Licenses and transfers, time limits for termination of 1600-22 Licenses granted by author under extended renewal term, termination of 1600-22 Licenses, termination of transfers and 1600-1, 1600-22, 1600-27 Light exposure, time and 500-15 Limit on issuance of Import Statement. 1200-11 Limit or restrict distribution, state- ments purporting to 900-3 Limit ( two-thousand copy) 1200-3 Limitation in notice, statement of 1000-3, 1000-4, 1000-16 Limitation juxtaposed to notice 1000-3, 1000-4, 1000-5, 1000-20 Limitations ( territorial) of U.S. copy- right law. 100-10 Limited editions, pictorial or graphic works published in certain 800-23 Limits (time) for new basic registra- tion 1500-9 Limits ( time) for renewal 1300-1, 1300-2, 1300-3, 1300-4, 1300-12 Limits (time) for supplementary regis- tration 1500-5 Limits ( time) for termination of trans- fers and licenses 1600-22 Lines, numbers, symbols, calibrations, and their arrangement 500-18 Linoleum 500-8, 800-30 Listing ( consecutive) of titles in series 1600-20 Lists taken from public documents or other common sources 300-2 Literary and pictorial material approxi- mately equal 1200-5 Literary content of musical works 400-13 Literary description as copy of musical work 400-4 Literary executor 1300-18 Literary expression 300-1 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Literary material embodied in phonorecords 1000-1 Literary material predominant 1200-5 Literary material (preponderantly nondramatic) 700-4 Literary material, preponderantly nondramatic English-language 1200-3, 1200-4, 1200-6 Literary (nondramatic) works other than serials 700-2 Literary Section (Head of), Examining Division 800-29 Literary work (recorded), publication of. 900-7 Literary works 800-5 Literary works distributed before 1978 only as phonorecords 1100-13 Literary works in machine-readable form 300-15 Lithograph (published), unpublished oil painting embodied in 900-9 Lithographic or photoengraving process 1200-8 Lithographic process 1200-4 Lithography 500-13, 500-14 Live performance, telecast, trans- mission of 400-25 Living author 1300-15 Local government works 200-10 Loop 400-48 Lyrics ( song) 400-13 - M - Machine code or object code (machine language ) 300-32 Machine language (Machine code or object code) 300-32 Machine or device, forms calibrated for use in conjunction with 500-18 Machine-readable copies, works repro- duced in 1000-20 Machine-readable copyright notice 800-35 Machine-readable literary works 300-15 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Machine-readable works 300-15, 800-33 Magazine (monthly), short story pub- lished in 700-6 Magazine (weekly), pictorial cartoon published in 700-6 Magnetic disks or tapes 1000-20 Magnetic tape 300-34 Magnetic tapes 800-33 Magnetic tapes or disks 300-15, 1000-20 Magnification for ordinary use 1000-25 Mail 1300-2, 1300-5 Mail ( first class) 1600-22, 1600-25 Mail (misdirected or misdelivered) 1300-5 Mail (Special Fourth Class) 800-41 Mailing envelope 1000-24 Mailing or packaging box (outer) 1000-24 Mails, date of deposit in 1300-5 Mandatory deposit, relationship of deposit for registration to 800-45 Manner of service of notice of termina- tion 1600-26 Manufacture in Canada 1200-8 Manufacture in the United States 1200-6 Manufacture of U.S. edition 1200-2 Manufactured ( foreign) edition 700-4 Manufacturing clause of Act of 1909 1200-1 Manufacturing information for published works 700-2 Manufacturing provisions 1200-1ff. Manufacturing requirements applicable only to copies 1200-6 Manufacturing requirements inapplicable to phonorecords 1200-6 Manufacturing requirements of works published after 1977 1200-1 Manufacturing requirements of works published before 1978 1200-1 Manufacturing restrictions 700-4 Map ( outline) 500-17 Maps 500-1, 500-16, 700-3 Maps ( celestial) 500-16 Margin 1000-23 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Mariana Islands (Northern) 1100-4, 1100-6 Marine charts 500-16 Mark of person, attesting authenti- city of 1600-9 Markers (grave) 500-1 Master. 400-49 Masthead 1000-18 "Material added" statement 300-23, 300-24 "Material added" statement on appli- cation for sound recordings 400-40 Material deposited, preliminary form of 900-12 Matting (copies) 1000-22 Material object and copyright, ownership distinguished 300-13 Material, submission of 700-5 Mathematical principles 500-18 Measurement (idea, principle, formula, or standard of) 500-18 Measuring devices 300-2 Measuring, devices and similar articles designed for 500-18 Mechanical distortions (motion pictures ) 800-8, 800-36, 800-37 Mechanical dolls, imitation of 400-21 Mechanical drawings 500-17 Mechanical or photomechanical processes 500-15 Mechanical processes 500-8 "Medodiousness" and harmony 400-3 Melody 400-1 Members or shareholders separate and distinct from corporation 1100-10 Memorandum or note of transfer 1600-2 Mental incompetents as applicants 100-8 Merger (indistinguishable) of elements into single entity 1300-24 Merit (aesthetic) 200-1, 500-3, 500-5 Merit (artistic) and style 500-2 Metal disks (perforated) 400-35 Method books (music) 400-12 Method of operation 500-5, 500-18 Methods of operation 200-2, 300-2 Mexico City Convention of 1902 1100-6 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Mezzotint process 1200-4 Mezzotints 500-14 Microfilmed public domain textual matter 500-16 Microform 800-33 Microform, works published in 1000-21 Microforms, Best Edition of 800-50 Microscopic notice 1000-25 Mime 400-21 Mimeographed copies 1200-9 Mimeographed copies of play 900-12 Minimal contributions to sound recordings 400-43 Minimal standards for pictorial or graphic material 500-3 Minimal standards for sculptural material 500-5 Minimum requirements for Deposit Accouts 700-9 Minor errors, correction of 1500-21 Minor typographical error 1600-15 Minors as applicants 100-8 Misdelivered or misdirected mail 1300-5 Missing information added by annotation 1500-23 Missing information (Form CA) 1500-23 Missing parts of complete copies 800-6 Misspelled notice 1000-5 Mixing 400-49 Mnemonic code 300-32 Mobile 500-7 Model or design of table lamp 500-6 Models 500-1, 500-9, 700-3, 800-11 Models (anatomical) 500-17 Models ( architectural) 500-17 Models ( relief) 500-16 Models (relief) and globes 800-4, 800-12 Models ( scientific) 500-17 Models ( technical) 500-17 Modification (Standard) 800-39 Module 300-32 Mold, reverse notice on 1000-26 Molding ( sculptural) 500-2, 500-9 Money Order ( International) 700-9 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Money order, payment by 700-8 Monogram or initials in lieu of signature 1600-9 Monophonic 400-49 Monophonic sound, pre-1972 sound recordings originally fixed in 400-42 Monophonic sound, reprocessing of recording originally fixed in 400-42 Monthly magazine, short story pub- lished in 700-6 More than one year date in notice 1000-9 Mosaic 500-2 Motion Picture Agreement 400-31, 800-39ff. Motion Picture Agreement Standard Modification) 400-32, 800-39, 800-40 Motion Picture Agreement (Supple- mental Property Agreement ) 400-32, 800-42 Motion Picture Agreement, termination of 800-42 Motion picture as audiovisual work 400-23 Motion picture as copy of musical work embodied in soundtrack 400-4, 800-32 Motion Picture Broadcasting and Recorded Sound Division, Library of Congress 800-41 Motion picture, choreographic works embodied in 400-19 Motion picture, preexisting unpub- lished screenplay embodied in 900-9 Motion picture (published), unpub- lished sculpture embodied in 900-9 Motion picture, recall of deposit copy of 800-41 Motion picture, recorded sounds accompaning 1000-1 Motion Picture Section, Motion Picture Broadcasting and Recorded Sound Division, Library of Congress 800-41 Motion picture, sounds previously published as part of. 400-34 Motion picture soundtrack 700-3 Motion picture soundtracks, separate registration for works embodied only in 800-32 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Motion picture ( untitled) of sixty seconds or less 1000-21 Motion picture version of published novel 700-6 Motion pictures 400-25ff., 500-1, 700-3, 800-5, 800-7, 800-35, 1300-24 Motion pictures as derivative works and compilations 400-26 Motion pictures as works made for hire 400-28 Motion pictures, "best edition" of 400-30, 800-46, 800-48 Motion pictures (clean, undamaged, undeteriorated, and free of splices) 800-8, 800-36, 800-37 Motion pictures, "complete" copy of 400-31 Motion pictures ( "complete" deposit) 800-7, 800-35, 800-36, 800-37 Motion pictures, copyrightability of 400-26 Motion pictures, deposit requirements for 400-29, 800-35, 800-39 Motion pictures, description as part of 400-29 deposit required for Motion pictures, embodiment of 400-25 Motion pictures, foreign depositors of. 800-39 Motion pictures, fixation as related to publication of 400-27 Motion pictures (mechanical, visual, or audible defects or distortions) 800-8, 800-36, 800-37 Motion pictures, notice on 1000-21 Motion pictures ( published) 400-30, 800-37 Motion pictures, requirement of fixation of. 200-5, 400-25 Motion pictures, return of. 800-40 Motion pictures ( unpublished) 400-29, 800-35 Mounting of copies 1000-22 Multi-disk collection ( phonorecords) , notice on 1000-24 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Multi-part works, notice on 1000-24 Multi-party instrument 1600-7 Multi-track. 400-49 Multicolored geometrical spheres, cubes, and cylinders 500-6 Multilateral copyright treaties 1100-6 Multimedia kit, notice on 1000-24 Multimedia kits 800-5, 800-12 Multimedia works 400-24, 400-46 Multimedia works (audiovisual) 400-46 Multimedia works, classification of 400-25 Multimedia works ( nonaudiovisual) Multiple and single titles distin- guished 400-46 1600-19 Multiple authors, nationality or domicile of 1100-9 Multiple copies or phonorecords 900-2 Multiple copies or phonorecords (existing) 900-4 Multiple parts, works of 800-5, 800-12 Multiple reproductions of works on sheet-like or strip material 1000-23 Music 1200-5 Music (accompanying) to dramatic works 700-3 Music accompanying dramas 400-17 Music ( additional) as derivative work. 400-11 Music ( conductor's score) 800-7 Music copyrightability, limitations on 400-5 Music defined 400-1 Music drama 400-17 See also Dramatico-musical works. Music, elements of 400-1 Music, first page of 1000-18, 1000-19 Music ( sheet ) 1000-1 Music, words, and sound recording, classification of claim in phono- record containing 700-7 Musical abridgment 400-11 Musical adaptation 400-10 Musical arrangements 400-8 Musical arrangements made under compulsory license 200-8, 400-5 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Musical claim, literary content of 400-13 Musical collective works 400-12 Musical comedy 400-17 Musical compilations 400-11 Musical compositions 1300-24 See also Musical works. Musical compositions, Best Edition of 800-49 Musical compositions, leasing of 800-5, 800-7 Musical compositions, lending of 800-5, 800-7 Musical compositions, rental of. 800-5, 800-7 Musical content 400-2 Musical derivative works 400-6 Musical editing 400-11 Musical instrumentation 400-9 Musical material embodied in phonorecords 1000-1 Musical notation as copy 400-4 Musical phrases 400-2 Musical setting 400-10 Musical sounds recorded 400-38 Musical, spoken, or other sounds ( fixation of) 700-3 Musical variations 400-10 Musical work (recorded), publication of 900-7 Musical works 400-1, 700-3, 1200-4 See also Musical compositions. Musical works distributed before 1978 only as phonorecords 1100-13 Musical works published in visually perceptible copies, notice on 1000-18, 1000-19 - N - Name and address of copyright claimant 700-1 Name as claimant on application 1000-10 Name (assumed) in notice 1000-12 Name, error in 1000-13 Name ( fictitious) in notice 1000-12 Name ( full) and address typewritten or printed legibly 1600-25 [1984] ☒ ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Name in notice 1000-9, 1000-10, 1000-11, 1000-12 Name ( legal) of claimant 1000-11 Name of author, deletion of 1500-14 Name of author omitted 1500-14 Name of author omitted in records of original registration 1300-15 Name of copyright owner 1000-2, 1000-3, 1000-9 Name of corporation or organization, change or error in 1500-13 Name of each grantee 1600-23 Name or address of author or claimant, error in 1500-12 Name or date, omission of 1000-15 Name ( producer's) on sound recordings, presumption as to 1000-10, 1000-11 Name ( separated) 1000-15 Name (wrong) given as claimant 1500-12 Names. 200-3, 300-1, 400-2 Names (additional) in notice 1000-12 Names, reconcilable variance between 1600-8 Names, use of protected 200-4, 300-5, 400-6 Narration (dramatic) 400-14 Nation. See also Country. Nation and date of first publication 700-2, 900-7 Nation, citizen of a 1100-2 Nation (foreign), definition of sovereign authority of a 1100-3 Nation ( foreign), sovereign authority of a 1100-3, 1100-5, Nation of first publication 1100-2 Nation of first publication, accept- able statements of 1100-13 National. See also Citizen. National, definition of 1100-2 National ( foreign) or domiciliary 1100-5 National of United States 1100-11 National origin 200-8 National (U.S. ) or domiciliary 1100-5 National (U.S. ) or domiciliary, author not 1200-7 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page National (U.S. ) or domiciliary, employer of author is not 1200-8 Nationality. See also Citizenship. Nationality, acceptable statements of 1100-13 Nationality and domicile of corpora- tions and similar organizations 1100-10 Nationality or domicile after publi- cation, change in. 1100-12 Nationality or domicile, Copyright Office policy on 1100-9 Nationality or domicile in case of work made for hire 1100-9 Nationality or domicile of anonymous author 700-1 Nationality or domicile of author having more than one nationality 1100-9 Nationality or domicile of multiple authors 1100-9 Nationality or domicile of pseud- onymous author 700-1 Nationals but not citizens 1100-2 Naturalistic art 500-2 Nature as source of recorded sounds 400-39 Nature of authorship claimed 700-5 Nature of extent of authorship, change in statement of 1500-15 Necessary parties, failure to identify 1600-10 New basic registration 1500-9, 1500-10, 1500-11, 1500-16, 1500-18, 1500-19, 1500-20 New basic renewal registration 1500-9 New or revised version, basic regis- tration for 1500-18 New version, importation of 1200-12 New version of previously published work 900-10 News 300-14 Newspapers 700-3 Next of kin 1300-19 No date of publication given in application 900-11 No existing copies or phonorecords 900-5 No requirement of recordation 1600-3 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page No U.S. edition registered 1300-14 Nomograms 300-2, 500-18 Non-human authorship. 500-8 Non-human sources of recorded sounds 400-39 Non-registrable compilations of sound recordings 400-45 Nonaudiovisual multimedia works 400-46 Nonchoreographic additions to choreo- graphic work 400-21 Noncopyrightable elements of sound recordings 400-42 Nondramatic English-language literary material ( preponderantly) 1200-3, 1200-4, 1200-6 Nondramatic literary works 300-1ff. Nondramatic literary works other than serials 700-2 Nondramatic literary works prepared for oral delivery, embodiment of 400-14 Nondramatic literary works prepared for performance 400-13 Nondramatic ( preponderantly) literary material 700-4 Nonfiction 700-2 Nonmarketed tests 300-12, 800-29 Nonsense syllables 400-13 Nonsequential showing of individual images of audiovisual work 900-6 Nonsyntactical words 400-13 Normal channels of commerce 1000-23 Northern Mariana Islands 1100-4, 1100-6 Notation (musical) as copy 400-4 Notation systems for dance 400-20 Notations of cancellation in original record of registration 700-10 Note or memorandum of transfer 1600-2 Notes or measures, no predetermined number required for registration of music 400-2 Notice, additional names in 1000-12 Notice (advance) of termination and service 1600-22 Notice, affixation and position of 1000-16 Notice (antedated) 1000-7, 1000-14. 1300-3, 1500-17 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Notice, assumed name in 1000-12 Notice (concealed) 500-6, 1000-16, 1000-25, 1000-26 Notice (constructive) of facts stated in recorded document 1600-11 Notice (copyright), addition or correction of. 1500-19 Notice (copyright), contribution pub- lished with separate 1300-11 Notice (copyright) , form of 1000-2 Notice (copyright), omission of 1000-7, 1000-8, 1000-9, 1000-13, 1000-14, 1000-15, 1000-16, 1000-17, 1000-24, 1000-25 Notice, deceased person named in 1000-12 Notice (dispersed) : year date 1000-8 Notice displayed on terminal 1000-20 Notice, fictitious name in 1000-12 Notice ( handwritten) 1000-25 Notice in reverse on decal 1000-26 Notice in reverse on mold 1000-26 Notice, legibility of 1000-25 Notice, limitation juxtaposition to 1000-3, 1000-4, 1000-5, 1000-20 Notice (microscopic) 1000-25 Notice (misspelled) 1000-5 Notice, more than one year date in 1000-9 Notice, name in 1000-9, 1000-10, 1000-11, 1000-12 Notice not properly affixed 1000-17 Notice of copyright 1000-1ff. Notice of copyright (machine-readable) 800-35 Notice of renewal copyright 1000-26 Notice of termination, date and manner of service of 1600-26 Notice of termination, legal suffi- ciency of 1600-26 Notice of termination, legibility of 1600-26 Notice of termination, service of 1600-25 Notice of termination, signature on 1600-24 Notice (omission of) from relatively small number of copies 1000-13 Notice (omission of) in violation of express requirement in writing 1000-13 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Notice on audiovisual works 1000-21 Notice on contributions to collective works 1000-19 Notice on contributions to collective works, alternative position of 1000-20 Notice on dust jackets on books 1000-24 Notice on identifying material 300-19 Notice on motion pictures 1000-21 Notice on multi-disk collection of phonorecords 1000-24 Notice on multi-part works 1000-24 Notice on multimedia kit 1000-24 Notice on musical works published in visually perceptible copies 1000-18, 1000-19 Notice on periodicals or other serials 1000-18 Notice on pictorial, graphic, and sculptural works 1000-22 Notice on separable parts published in permanent container 1000-23 Notice on sheet-like or strip material bearing multiple or continuous repro- ductions of work. 1000-23 Notice on sound recordings 1000-24 Notice on tag 1000-23 Notice, permanent legibility of 1000-26 Notice (permanently covered) 1000-25 Notice (permanently legible) 1000-16, 1000-26 Notice (position of) on works published in book form 1000-17 Notice (postdated) 1000-8, 1300-4, 1500-17 Notice, pseudonym in 1000-12 Notice requirements applicable to supplementary registration 1500-17 Notice (restricted) 1000-4 Notice (rubber-stamped) 1000-25 Notice, statement of limitation in 1000-3, 1000-4, 1000-16 Notice (typewritten) 1000-25 Notice visible upon ordinary use 1000-26 Notice, year date in 1000-7, 1000-8, 1000-9, 1000-14 Notice (extraneous) 1000-27 Notices of Identity and Signal Carriage Complement 1600-1 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Notices of intention to obtain compul- sory license 1600-1 Notices of termination, printed forms not provided for 1600-23 Notices on copies or phonorecords, errors in 1500-18 Notification of filing and determina- tion of court actions 1600-1 Novel (published), motion picture version of 700-6 Novelization of drama 400-16 Number of pages, determination of 1600-21 Number ( registration) 1200-12 Number ( registration) in lieu of title 1600-12 Numbers, lines, symbols, calibrations, and their arrangement 500-18 Numbers, words, or other verbal or numerical symbols or indicia (works expressed in) 1200-4 Numerals (Arabic) 1000-7 Numerals (Roman) 1000-7 Numerical or chronological designations on serials 700-3 Numerical standard not required for music 400-2 Numerical symbols or indicia, works expressed in 300-1, 1200-4 300-16, - 0 - Object code 300-16, 300-21, 300-22, 300-32, 800-34 Object code or machine code (machine language ) 300-32 Obligatory use of Form SR. 700-7 Obscene works 100-6 Obvious errors, freedom from 1600-14 Octal coding 300-16 Offer to distribute copies or phono- records 1100-2 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Offering to distribute as publication 900-4 Offering to distribute copies or phonorecords 900-1, 900-4 Offering to distribute copies or phonorecords, purpose of 900-5 Office (business) in United States 800-39 Official certification 1600-5, 1600-6 Official Copyright Office search report. 100-3, 1300-6 Official or sworn certification 1600-2 Official seal of any diplomatic or consular officer 1600-6 Oil painting (original) sold to private collector 900-2 Oil painting ( unpublished) embodied in published lithograph 900-9 "Olympiad" 200-4, 300-6, 400-6 "Olympic" 200-4, 300-6, 400-6 Omission, error, or patent ambiguity 1300-6 Omission of author's name in records of original registration 1300-15 Omission of copyright notice 1000-7, 1000-8, 1000-9, 1000-13, 1000-14, 1000-15, 1000-16, 1000-17, 1000-24, 1000-25 Omission of date of publication in application 900-11 Omission of name of author 1500-14 Omission of name or date 1000-15 Omission of notice from relatively small number of copies 1000-13 Omission of notice in violation of express requirement in writing 1000-13 Omission or error in employment-for- hire statement 1500-15 Omitted year date 1000-2, 1000-7 One or more authors, termination of grant executed by 1600-25 One-party documents, indexing of 1600-11 Open reel tapes 1000-2 Opera. 400-17 Operation, method of 500-18 Operations or procedures (business ) 500-18 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Operetta 400-17 Opinions and advice 100-7 Opposition proceedings 100-5 Optical scanning devices 300-15, 800-33, 1000-21 Optional registration of U.S. edition 1200-2 Oral delivery, nondramatic literary works prepared for 400-13 Order forms 200-3, 300-2, 500-18 Orders ( religious) 1300-16 Organization, change or error in name of 1500-13 Organization of American States 1100-6 Organization of American States, works of 200-10, 1100-6 Organizations ( fraternal) 1300-16 Organizations, nationality and domicile of 1100-10 Organized territories 1100-3, 1100-4, 1100-10, 1100-11, 1200-6 Original and renewal claims, simulta- neous submission of 1300-7 Original certificate of registration, return of 1500-22 Original deposit, examination of 1500-20 Original oil painting sold to private collector 900-2 Original registration 1300-3, 1300-6, 1300-7, 1300-10, 1300-11, 1300-12, 1300-15 Original registration as condition to renewal 1300-11 Original registration, certificate of. 1300-6 Original registration, exception to requirement of 1300-7 Original registration, facts of 1300-10 Original registration records, author's name omitted in 1300-15 Original term of copyright 1300-1, 1300-2, 1300-3, 1300-4, 1300-7, 1300-10 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Originality 200-1, 400-8, 400-12 Ornamentation (standard) 500-3, 500-5 Ornamentation (typographic) 500-13 Outer mailing or packaging box 1000-24 Outline map 500-17 Outside sources of information 1600-12 Overdub 400-49 Overdub of sound recordings 400-44 Oversize copies. 800-16 Owner ( copyright) , authority of. 1000-1, 1000-7, 1000-13, 1000-15 Owner (copyright), authorization by 900-1 Owner ( copyright ) , name of 1000-2, 1000-3, 1000-9 Owner of copyright is not signer 1600-9 Owner per agreement 1300-32 Ownership, allocation of. 1500-10 Ownership (copyright ), execution of transfers of 1600-2 Ownership of contribution to collective work 300-11 Ownership of copyright and material object distinguished 300-13 Ownership of copyright: statement by claimant 700-1 Ownership, sale or other transfer of. 900-1, 1100-2 Ownership, transfer of. 1500-11 Ownership ( transfer of) or sale, dis- tribution by 900-4 - P - Pacific Islands, Trust Territory of the ... 1100-4 Packaging or mailing box (outer) 1000-24 "Page" as single side of leaf. 1000-18 "Page, " each side of leaf regarded as 1600-21 Page ( first ) of music. 1000-18, 1000-19 Page immediately following title page 1000-17 "Page, " rider considered as 1600-21 Page (title) 1000-17 Pages, determination of number of 1600-21 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Painting in oil ( unpublished) embodied in published lithograph 900-9 Painting (original oil) sold to private collector 900-2 Paintings 500-2 Pantomime 400-15, 400-21, 400-22 Pantomime, content of 400-21 Pantomime fixed in videocassette 800-38 Pantomimes 700-3 Pantomimes and choreography distin- guished 400-32 Pantomimes and tableaux distinguished 400-22 Pantomimes, embodiment of 400-22 Paper (graph) 500-18 Paper stock used in periodical editions 300-10 Paper (wrapping) 800-30 Part of work, publication of. 900-9 Parties, failure to identify necessary 1600-10 Partnerships 1300-16 Parts ( separable) published in permanent container, notice on 1000-23 Patch, patching 300-33 Patent ambiguity, omission, or error 1300-6 Patterns 500-1 Patterns ( table service) 500-1 Patterns ( unrepeated random) 500-8 Paupers as applicants 100-9 Payment by bank draft 700-8 Payment by check 700-8 Payment by money order 700-8 Payment of fees, form of 700-8 Payments (excess fee) 700-8 Penalty of perjury 1300-8 Pencil, applications completed in 700-5 Pencil sharpener shaped like antique car 500-12 Pencil signature 1600-9 Perceptible (visually) copies 1000-1, 1000-2, 1000-18 Perceptible (visually) printouts 1000-20 Perforated metal disks 400-35 Performance before audience (direct or indirect) 700-3 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Performance (live), telecast trans- mission of. 400-25 Performance, nondramatic literary works prepared for 400-13 Performance or display (public) 900-1, 900-4, 900-6 Performance (private) 900-6 Performance (public) 1100-2 Performer of sound recording, author- ship of 400-38 Performing arts, works of the 400-1ff., 700-3 Periodical (contribution to), transfer of copyright in 1600-9 Periodical, cyclopedic, or other composite work 1300-24 Periodical issue 1000-2 Periodical or book (English-language) 1200-3 Periodicals 700-3 Periodicals and books (English-language) first published abroad 1300-12 Periodicals and composite works, renewal of contributions to 1300-9 Periodicals (contributions to), group registration for 700-4 Periodicals (contributions to), single registration for group of 800-2 Periodicals or other serials, notice on 1000-18 Periodicals other than daily newspapers. 300-9 Periodicals that are not collective works 300-10 Perjury, penalty of 1300-8 Permanent allegiance 1100-2 Permanent container, notice on sepa- rable parts published in 1000-23 Permanent legibiity of notice 1000-26 Permanent receptacle for copies 1000-20, 1000-22 Permanently covered notice 1000-25 Permanently legible notice 1000-16, 1000-26 Person (deceased) as renewal claimant 1300-31 Person (deceased) named in notice 1000-12 Person ( individual) and not employer, "author" as meaning 1300-11 Personal right of renewal 1300-18, 1300-31 Personal service 1600-22 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Persons depicted in photograph 500-15 Persons (group of), distribution to 900-5 Person's mark, attesting authenticity of 1600-9 Persons not entitled to terminate 1600-27 Perspective in photographic composi- tion 500-15 Phonograms, Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their 1100-3, 1100-7 Phonograms, definition of producer of 1100-3 Phonorecord, classification of claim in words, music, and sound recording in 700-7 Phonorecord containers 1000-3, 1000-10, 1000-16, 1000-24 Phonorecord labels 1000-3, 1000-10, 1000-16, 1000-24 Phonorecord or copy deposited, appearance of 900-2 Phonorecord of copy, unrestricted public access to 900-4 Phonorecord, works embodied in 700-3 Phonorecords 1000-2 Phonorecords, acceptability for registration of music recorded thereon 400-5, 900-7 Phonorecords and copies distinguished 400-35 Phonorecords and sound recordings distinguished 400-35 Phonorecords, Best Edition of. 800-49 Phonorecords, distribution before 1978 only in form of. 900-7 Phonorecords, errors in statements or notice on. 1500-18 Phonorecords (literary, dramatic, or musical material embodied in) 1000-1 Phonorecords, manufacturing require- ments inapplicable to 1200-6 Phonorecords (musical, dramatic, or literary works distributed before 1978 only as) 1100-13 Phonorecords, notice on multi-disk collection of 1000-24 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Phonorecords of musical works, deposit of 400-5, 900-7 Phonorecords of sound recordings .......... 1000-1, 1000-3, 1000-6, 1000-9, 1000-16 Phonorecords or copies (existing multiple) 900-4 Phonorecords or copies (multiple) 900-2 Phonorecords or copies not in existence 900-5 Phonorecords or copies, offer to distribute 900-1, 900-4, 1100-2 Phonorecords or copies, purpose of offering to distribute 900-5 Phonorecords, types of 400-35 Phonorecords which embody music 400-3 Photocopied public domain pictorial work. 500-16 Photocopies or other reproductions of Copyright Office forms 700-5 Photocopy ( legible) 1600-5 Photocopy of original drawing 500-15 Photocopying 1200-9 Photoengraving or lithographic process 1200-8 Photoengravings 500-13, 500-14 Photograph, arrangement or disposition of persons, scenery, or other sub- jects depicted in 500-15 Photographic authorship 500-15 Photographic composition 500-15 Photographic prints 500-15 Photographic prints, color reproduc- tions of 500-13 Photographic works, uncopyrightable 500-16 Photographs 500-1, 500-15, 700-3, 1000-1, 1200-5 Photographs, Best Edition of 800-47 Photomechanical or electronic process 1000-21 Phrases, musical 400-2 Physical basis for separability test 500-12 Piano (player ) rolls 400-5, 400-35 Pictorial and literary material approximatly equal 1200-5 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Pictorial cartoon published in weekly magazine 700-6 Pictorial expression (copyrightable) 500-2 Pictorial, graphic, and sculptural works 500-1ff., 700-3 Pictorial, graphic, or sculptural work with accompanying text 1000-2, 1000-7 Pictorial or graphic design, repetition of 800-30 Pictorial or graphic labels 700-3 Pictorial or graphic material, copyrightability of 500-13 Pictorial or graphic material, minimal standards for 500-3 Pictorial or graphic works published in certain limited editions 800-23 Pictorial or graphic works reproduced in or on sheet-like materials 800-30 Pictorial or graphic works ( unpub- lished) 800-21 Pictorial prints and illustrations 500-13 Pictorial work in public domain, photocopy of 500-16 Pictorial works 500-2, 1200-4 Pictorial works, embodiment of 500-1 Pictorial works, notice on 1000-22 Pictorial works, reproductions of 500-14 Picture postcards 500-13, 800-4 Pictures 1200-5 Pin ( jeweled) 500-10 Place mats (table) 500-13 Place of first publication 1300-8 Place of publication, change of 1500-13 Plan 500-5 Plan of action or concept 500-18 Plaques (wall) 500-1 Plates (printing) 1200-8 Play (a work) 900-6 Play, acting version of 1200-4 Player piano rolls 400-5, 400-35 Plays. 1200-5 See also Dramas; Dramatic works. Plot (dramatic) 400-14 Poetry 700-2 Policy (Copyright Office) concerning publication 900-1 <!-- PageFooter="[1984]" --> ☒ ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Policy (Copyright Office) on nationality or domicile 1100-9 Policy (Copyright Office) regarding purported transfers 1600-2 Polka dots 500-10 Pornographic works 100-6 Port of entry 1200-10 Position (alternative) of notice on contributions to collective works 1000-20 Position of notice 1000-16 Position of notice on works published in book form 1000-17 Postage stamps, refunds made in 700-8 Postal or other services, disruption of 1300-5 Postal Service (U.S.) 200-9 Postcards 1000-2, 100-7 Postcards ( picture) 500-13, 800-4 Postdated notice 1000-8, 1300-4, 1500-17 Posters 500-13 Posthumous works 1300-22 Posthumously, eligibility of work first published 1100-12 Pottery on sale at roadside stand 900-3 Pre-1972 sound recordings originally fixed in monophonic sound. 400-42 Pre-1978 distribution only in form of phonorecords 900-7 Pre-1978 Presidential proclamations 1100-8 Pre-1978 registration of unpub- lished works 1000-14 Pre-1978 statutory copyright 1500-12 Pre-1978 work first published in United States 800-10 Pre-1978 works 400-3, 400-4, 700-4, 800-1, 800-10, 800-43, 800-44, 900-1, 900-7, 1000-4, 1000-14, 1100-1, 1100-13, 1200-1, 1300-1, 1300-3, 1500-5, 1500-12, 1500-16, 1500-17, 1500-18, 1500-19 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Predetermined number of notes or measures not required for registration of music 400-2 Preexisting artistic work 500-14 Preexisting copyrighted material embodied in compilation 200-7 Preexisting copyrighted material embodied in derivative work 200-7, 300-6, 400-6 Preexisting copyrighted material embodied in nondramatic literary works 300-4 Preexisting material in compilation, identification of 700-2 Preexisting material in derivative work, identification of 700-2 Preexisting sounds recast in sound recordings 400-41 Preexisting unpublished screenplay embodied in motion picture 900-9 Preexisting work and sound recording, claimant same for both. 700-3 Preexisting work in sound recording 700-3 Preface or foreword 1200-5 Preface ( two-page) to 100-page work 1200-6 Prejudice, recordation without 1600-27 Preliminary form of material deposited 900-12 Preponderantly English-language non- dramatic literary material 1200-3, 1200-4, 1200-6 "Preponderantly, " meaning of 1200-5 Preponderantly nondramatic literary material 700-4 Presentations ( slide) 500-1 Presidential proclamation 1100-6, 1100-8 Pressbook 400-29, 800-36, 800-37 Presumption as to producer's name on sound recordings 1000-10, 1000-11 Previous edition or version, date of publication of 900-12 Previous titles of work 700-1 Previously published work, new version of 900-10 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Previously registered work, first published edition of 900-10 Previously unpublished material embodied in published work. 900-9 Price lists 300-8 Prima facie evidence of execution 1600-15 Prima facie evidence of validity 100-3 Principle of measurement 500-18 Principles 200-2, 300-2 Principles (mathematical) 500-18 Printed (copies) from type 1200-8 Printed forms not provided for notices of termination 1600-23 Printed in black ink or typewritten 700-5 Printed ( legibly) or typewritten full name and address 1600-25 Printed or reprinted in Canada 1200-8 Printed or typewritten statement 1300-8 Printed signature 1600-9 Printed textual matter (Best Edition) 800-47 Printing and binding. 1200-9 Printing methods (relief or intaglio) 800-12 Printing plates 1200-8 Printout 300-33 Printouts (visually perceptible) 1000-20 Prints 500-1, 700-3 Prints or labels (published commercial) 800-25 Prints (photographic) 500-15 Prints (pictorial) and illustrations 500-13 Prints ( silk-screen) 500-14 Prints, uncopyrightable elements of 500-13 Prisoners as applicants 100-9 Privacy Act. 700-10 Private collector, original oil painting sold to 900-2 Private display 900-6 Private performance 900-6 Probate proceedings 1300-18 Problems relating to extent of claim, correction of 1500-20 Problems relating to recorded docu- ments, correction of 1500-20 Procedure (apostille) for correction 1600-16 Procedure (recordation) 1600-16 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II \- 86 - Page Procedures 200-2, 300-2 Procedures for special relief. 800-43 Procedures or operations (business) 500-18 Proceedings of societies 700-3 Proceedings (probate) 1300-18 Process ( lithographic, mezzotint, or other ) 1200-4 Process, photomechanical or electronic 1000-21} Processes 200-2, 300-2 Processes, ideas, or systems 500-18 Processes (mechanical) 500-8, 500-15 Processes ( photomechanical) 500-15 Proclamation (Presidential) 1100-6, 1100-8 Producer of phonograms, definition of 1100-3 Proofs ( reproduction) 1200-8 Producer of sound recording 1000-3, 1000-10, 1000-11 Producer of sound recording, authorship of 400-38 Producer's name on sound recordings, presumption as to 1000-10, 1000-11 Programmable Read-Only Memory ( PROM) 300-33 Programmed routine 300-34 Programs ( computer) 700-2, 800-33 Projectionist 1000-21 PROM ( Programmable Read-Only Memory) 300-33 Property Agreement (Supplemental) 800-42 Proprietor 1300-32 Proprietor (copyright ) 1300-8 Proprietor of copyright 1300-22 Protected characters, names, and slogans, use of 200-4, 300-5, 400-6 Protection, eligibility for U.S. copyright 1500-13 Pseudonym in notice 1000-12 Pseudonymous and anonymous works, copyright term of 900-8 Pseudonymous and anonymous works, eligibility of. 1100-11 Pseudonymous and anonymous works, statements regarding identity of author of 1600-1 Pseudonymous author, nationality or domicile of 700-1 [1984] ☒ ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Pseudonymous or anonymous, work other than 700-1 Pseudonymous works, duration of copyright for 1000-14 Public access (unrestricted) to copy or phonorecord 900-4 Public display 1100-2 Public distribution required 900-3 Public domain material, reprint of 500-17 Public domain pictorial work (photo- copied) 500-16 Public domain textual matter (micro- filmed) 500-16 Public domain works 200-5, 300-4, Public library, deposit in 1200-4 900-4 Public ordinances 200-8, 300-5 Public performance 1100-2 Public performance or display 900-1, 900-4, 900-6 Public place, leaving copies in 900-3 Publication 900-1ff. Publication, alternative forms of 900-5 Publication as unit of separate parts or installments 900-10 Publication, change in nationality or domicile after 1100-12 Publication, Copyright Office policy concerning 900-1 Publication (date of), error in 1300-6 Publication (date of) omitted in application 900-11 Publication distribution as 900-2 Publication ( first), acceptable statements of nation of 1100-13 Publication ( first), approximate date of 900-8 Publication ( first) as basis of renewal of contributions 1300-9 Publication ( first), choice of date of 900-8 Publication ( first), date and nation of. 700-2, 900-7 Publication ( first), date of 1300-7 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Publication (first), definition of 1100-2 Publication ( first) in a UCC country 1100-5 Publication ( first) in United States 1100-5, 1100-11 Publication ( first), nation of 1100-2 Publication ( first) outside of United States 800-11 Publication ( first), place of 1300-8 Publication ( first) posthumous 1100-12 Publication ( first), release date as 900-8 Publication ( first) within and outside United States, simultaneous 800-11 Publication ( first), year of 1000-2, 1000-6, 1000-14 Publication, impossible or improbable date of. 900-11 Publication in serial form 900-10 Publication, incomplete date of 900-11 Publication, incorrect date of 1500-16 Publication, indicia of. 900-12 Publication of motion pictures as related to their fixation 400-27 Publication of part of work 900-9 Publication of previous edition or version, date of. 900-12 Publication of recorded literary, dramatic, or musical work 900-7 Publication of separate parts or installments 900-10 Publication of separate parts or installments, date of. 900-12 Publication, offering to distribute as. 900-4 Publication (place of), change of 1500-13 Publication, registration made within five years of 1000-1, 1000-4, 1000-8, 1000-13, 1000-25 Published commercial prints or labels 800-25 Published copyrighted works, "best edition" of. 800-8, 800-46 Published Copyrighted Works for the Collections of the Library of Congress, "Best Edition" of. 800-46 <!-- PageFooter="[1984]" --> ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Published edition ( first) of previously registered work 900-10 Published ( later) U.S. edition of work first published outside the United States 900-10 Published lithograph, unpublished oil painting embodied in. 900-9 Published motion picture, unpublished sculpture embodied in 900-9 Published motion pictures 400-30, 800-37 Published nondramatic literary works 700-2 Published novel, motion picture version of 700-6 Published (previously) work, new version of 900-10 Published, unpublished work registered as 1500-16 Published version, renewal of revised 1300-33 Published work, deletions or insertions in copies of 900-12 Published work, previously unpublished material embodied in 900-9 Published work registered as unpub- lished 1500-16 Published work, renewal of later version of 1300-32 Published works 1000-1 Published works, computing term for 1300-3 Published works, deposit of 800-4 Published works, eligibility of 1100-5 Published works ( identifying material) Published works, manufacturing informa- 800-11 tion for 700-2 Published works, meaning of "complete" deposit of 800-5, 800-6 Publishers 1300-16 Puerto Rico, Commonwealth of. 200-9, 1100-2, 1100-03, 1100-10, 1100-11, 1200-6 Punched cards 300-15, 800-33, 1000-20 Purported transfers, Copyright Office policy regarding 1600-2 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II \- 90 - ☒ Page Purpose of offering to distribute copies or phonorecords 900-5 Puzzlebox or game 1000-23 - Q - Quadraphonic 400-49 Qualification of executor 1300-18 Quality of application forms 700-5 Quality of work 200-1 Quantities (unlimited), importation in 1200-4 Quantity and content of deposit 800-2, 800-11 - R - Racing cars, sounds of 400-39 Raised characters for the use of the blind, copies in 1200-9 RAM (Random-Access Memory) 300-33 Random Access Memory (RAM) 300-33 Random patterns ( unrepeatable) 500-8 Rarity. 800-43 Re-engineering of sound recordings, questionability of. 400-44 Read-Only Memory ( ROM) Recall of deposit copy of motion picture 300-33 800-41 Receipt (actual) , date of 1300-5 Receptacle (permanent ) for copies Recite 1000-20, 1000-22 900-6 Reconcilable variance between names 1600-8 Record ( fundamental copyright) 1500-1 Record of deposit, archival 300-12 700-10 Record (original) of registration, notations of cancellation in Record returned to sender, certifi- cate of 1600-27 Recordable document returned at sender's request 1600-17 Recordation, amendments in document submitted for 1600-17 [1984] ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> \- 91 - Page Recordation as condition of anno- tation 1600-3 Recordation as condition of renewal registration 1600-3 Recordation, attached material unavailable for 1600-13 Recordation, date of 1600-16 Recordation, desirability of 1600-3 Recordation, document submitted in error for 1600-4 Recordation, effective date of 1600-26, 1600-27 Recordation fee received insufficient 1600-17 Recordation fees 700-7 Recordation no substitute for registration 1600-4 Recordation not required 1600-3 Recordation of affidavit or signed statement 1500-8 Recordation of document, correction or amplification of Copyright Office records by. 1600-16 Recordation of document of transfer 1500-11 Recordation of documents 1500-2, 1500-7 Recordation of documents, effect of. 1500-9 Recordation of transfers and other documents pertaining to a copyright 1600-1ff. Recordation procedure 1600-16 Recordation without prejudice 1600-17 Recorded document, attached material not essential to 1600-13 Recorded document, constructive notice of facts stated in 1600-11 Recorded document, correction of error in 1500-8 Recorded document part of larger document 1600-14 Recorded documents, correction of problems relating to 1500-20 Recorded literary, dramatic, or musical work, publication of 900-7 Recorded musical, dramatic, or literary work and sound recording distinguished 400-33 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Recorded sounds accompanying audiovisual work 1000-1 Recorded sounds accompanying motion picture 1000-1 Recording fees 1600-18 Recording fees, computation of 1600-18ff. Recording ( sound) and underlying work, claimant same for both 700-3 Recording ( sound) jacket. 1000-24 Recording ( sound) producer 1000-3, 1000-10, 1000-11 Recording ( sound), underlying work in ..... 700-3 Recording ( sound), words, and music (classification of claim in phono- record containing) 700-7 Recordings ( sound) 200-1, 200-6, 300-6, 400-33ff., 700-3, 700-7, 800-7, 800-12, 900-5, 1000-1, 1000-2, 1000-3, 1000-6, 1000-9, 1000-10, 1000-16, 1000-24, 1100-1, 1100-7 Recordings ( sound) , eligibility of 1100-1 Recordings ( sound), notice on 1000-24 Recordings ( sound) , phonorecords of 1000-1, 1000-3, 1000-6, 1000-9, 1000-16 Recordings ( sound), presumption as to producer's name on 1000-10, 1000-11 Records (Copyright Office) 1300-6, 1300-10, 1300-14, 1300-15, 1300-27, 1500-1ff. Records (Copyright Office), corrections and amplifications of 1500-1ff., 1600-16 Records of original registration, author's name omitted in 1300-15 Reels, spools, or containers 1000-23 Reference, identity by 1000-15 Reference, incorporation by 1600-14 Reference works 700-2 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II Page Refund of fee payments made by mistake 700-8 Refunds made in postage stamps 700-8 Refunds of fees 700-8 Refusal to register 100-6 Register of Copyrights 100-1 Register of Copyrights, all remittances payable to 700-8 Register of Copyrights, application form prescribed by 700-1 Register of Copyrights, authority to specify administrative classes 800-2 Registered (previously) work, first published edition of 900-10 Registered works, titles of. 1600-11 Registrability of derivative computer programs 300-17 Registration, amplification of infor- mation in 700-4 Registration (basic) 1200-10, 1500-1ff. Registration (basic) a prerequisite 1500-5 Registration (basic), annotation on application or catalog entries of 1500-14 Registration (basic), cancellation of 1500-13, 1500-20 Registration (basic), changes in facts occurring since 1500-3 Registration (basic), effect of supple- mentary registration upon 1500-6 Registration (basic) for new or revised version 1500-18 Registration, cancellation because of dishonored check 700-10 Registration, certificate of 100-2, 1200-11 Registration, correction of error in 700-4 Registration, deposit for 800-1ff. Registration (deposit for), relationship to mandatory deposit of 800-45 Registration (deposit requirements for) , special relief from 800-42 Registration (earlier basic), annotation of 1500-9 Registration ( earlier) not authorized 1500-21 Registration fee, waiver or reduction disallowed 100-9 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II Page Registration fees 700-7 Registration fees, submission of 700-8 Registration (group) for contributions to periodicals 700-4 Registration made within five years of publication 1000-1, 1000-4, 1000-8, 1000-13, 1000-25 Registration (new basic) 1500-9, 1500-10, 1500-11, 1500-16, 1500-18, 1500-19, 1500-20 Registration (new basic renewal) 1500-9 Registration number 1200-12 Registration number in lieu of title 1600-12 Registration of unpublished works, date of 1300-4 Registration (optional) of U.S. edition ... 1200-2 Registration (original) 1300-3, 1300-6, 1300-7, 1300-10, 1300-11, 1300-12, 1300-15, 1500-5, 1500-8, 1500-17, 1500-18, 1600-3 Registration (original) as condition to renewal 1300-11 Registration (original), certificate of ... 1300-6 Registration (original), exception to requirement of 1300-7 Registration (original), facts of 1300-10 Registration (original record of) , notations of cancellation in 700-10 Registration (original) records, author's name omitted in 1300-15 Registration, recordation no substitute for 1600-4 Registration (renewal) 700-4 Registration (renewal), recordation as condition of 1600-3 Registration (renewal), supplementary registration to correct 1500-5 Registration, refusal of 100-6 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Registration, return of original certi- ficate of 1500-22 Registration ( separate) for works embodied only in motion picture soundtracks 800-32 Registration ( single) for group of con- tributions to periodicals 800-2 Registration ( supplementary) 700-4 Registration ( supplementary), applicable notice requirements for 1500-17 Registration ( supplementary), application for 1300-16 Registration ( supplementary), certificate of 1500-6 Registration ( supplementary), effective date of. 1500-25 Registration ( supplementary) inappro- priate 1500-4, 1500-10 Registration ( supplementary) time limits .. 1500-5 Registration ( supplementary) to correct renewal registration 1500-25 Registrations (additional basic) 1500-2 Registrations (completed) corrected by recordation 1500-7 Registrations ( full-term) 1300-12 Registrations (group renewal) 1300-11 Registrations, public record of 100-2 Registrations ( separate renewal) of contributions 1300-10 Registrations ( supplementary) 1500-1ff. Registrations ( supplementary) : ampli- fications 1500-3 Registrations ( supplementary) : correcting or amplifying information in another supplementary registration 1500-4 Registrations ( supplementary) : correc- tions 1500-2 Registrations ( supplementary) : cross- referencing 1500-7 Registrations ( supplementary) : persons entitled to submit application 1500-6 Registrations ( supplementary) : their effect 1500-6 Regulations, Code of Federal 100-2 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Regulations (deposit) 800-2 Regulations of Copyright Office 100-2 Regulations of Library of Congress 100-1 Related images in series 400-23 Relations (bilateral) 1100-8, 1100-14 Relations (copyright) unclear 1100-8 Relationship between document and copy- right unclear 1600-4 Relationship of deposit for registration to mandatory deposit 800-45 Relatively small number of copies, omission of notice from 1000-13 Relatives (blood) 1300-19 Release date as first publication 900-8 Relief models 500-16 Relief printing or intaglio 800-12 Relief ( special), annotation when granted 800-44 Relief ( special) : continuous or ongoing grants 800-44 Relief ( special), denial of 800-44 Relief ( special) from deposit require- ments for registration 800-42 Relief ( special) : procedures 800-43 Religious orders 1300-16 Remastering 400-49 Remittances (all) payable to Register of Copyrights 700-8 Remixing 400-49 Render 900-6 Renewal Affidavit for a U.C.C. Work 1300-7 Renewal application 700-4 Renewal application, annotation of 1300-4, 1300-13, 1300-6, 1300-16 Renewal application, error or ambiguity on 1300-10 Renewal application ( late) 1300-13 Renewal application ( single) for two editions 1300-12 Renewal applications ( informal) 1300-2 Renewal applications ( separate) 1300-13 Renewal "author" defined 1300-16 Renewal by corporate body 1300-25 Renewal claim, extent of 1300-32 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Renewal claimant, deceased person as 1300-31 Renewal claimant, duly authorized agent of. 1300-8 Renewal claimant, employer as 1300-27 Renewal claimant ( unnamed) identified by status only 1300-32 Renewal claimants ( joint) 1300-28 Renewal claimants, single class of 1300-16 Renewal claimants, successors or representatives of 1300-32 Renewal claims (adverse) 1300-29 Renewal claims, simultaneous sub- mission of original and 1300-7 Renewal claims ( unacceptable) 1300-31 Renewal copyright, notice of 1000-26 Renewal, duplicate application for 1300-29 Renewal, effect of Universal Copy- right Convention on 1300-14 Renewal fee 1300-3, 1300-5, 1300-6 Renewal interests, assignment of 1300-32 Renewal of contributions, first publi- cation as basis of. 1300-9 Renewal of contributions to periodicals and composite works 1300-9 Renewal of copyright 1300-1ff. Renewal of later version of published work 1300-32 Renewal of revised published version 1300-33 Renewal, original registration as condition to 1300-11 Renewal, personal right of 1300-18 Renewal registration. 700-4 Renewal registration (new basic) 1500-9 Renewal registration, recordation as condition of 1600-3 Renewal registration, supplementary registration to correct. 1500-5 Renewal registrations (group) 1300-11 Renewal registrations ( separate) of contributions 1300-10 Renewal term (extended) 1600-1, 1600-22, 1600-27 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Renewal term (extended), termination of transfers and licenses granted by author under 1600-22 Renewal time limits 1300-1, 1300-2, 1300-3, 1300-4, 1300-12 Renewal year, application received after 1300-6 Renewal year, application received before 1300-6 Rental 900-1 Rental, distribution by 900-4 Rental, lease, or lending 1100-2 Rental, lease, or lending of musical compositions. 800-5, 800-7 Repetition of pictorial or graphic design 800-30 Repetition of same title 1600-19 Repetitive information on application forms 700-5 Report forms 200-3, 300-2, 500-18 Report, official Copyright Office search 1300-6 Representational art 500-2 Representational designs 500-13 Representations (cartographic) of area 500-16, 800-4, 800-12 Representations (pictorial) of area 500-16 Representative (legal) or individual depositor 800-39 Representatives of renewal claimants 1300-32 Reprint of public domain material 500-17 Repro proofs. See Reproduction proofs. Reprocessing of recording originally fixed in monophonic sound 400-42 Reproduction authorship not regis- trable 500-15 Reproduction ( full-size facsimile) 1600-5 Reproduction proofs 1200-8 Reproductions (art) 700-3 Reproductions (art) as derivative works 500-14 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Reproductions (color) or photographic prints 500-13 Reproductions (design) 500-13 Reproductions of pictorial, graphic, or sculptural works 500-14 Reproductions of works of art 500-1 Reproductions or photocopies of Copy- right Office forms 700-5 Reproductions ( three-dimensional) of sculpture 500-14 Republication of sound recordings 400-45 Request for issuance of Import Statement 700-4 Required deposit, unavailability of. 800-43 Requirement for original registration, exception to 1300-7 Requirement in writing ( express ), omission of notice in violation of. 1000-13 Requirements (applicable deposit) not met 1500-19 Requirements (manufacturing) appli- cable only to copies 1200-6 Requirements (manufacturing) inappli- cable to phonorecords 1200-6 Requirements (manufacturing) of works published after 1977 1200-1 Requirements (manufacturing) of works published before 1978 1200-1 Requirements (minimum) for Deposit Accounts 700-9 Requirements ( statutory) for appli- cation forms 700-1 Research 300-14 Residence 1100-1 Restrict or limit distribution, state- ments purporting to 900-3 Restricted notice 1000-4 Restriction of copyright claim 1000-4 Restrictions (manufacturing) 700-4 Resume ( spoken) fixed in video- cassette 800-38 Return of document for amendment 1600-13 Return of document for correction 1600-16 Return of motion pictures 800-40 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II ### - 100 - Page Return of original certificate of registration 1500-22 Return of recordable document at sender's request 1600-17 Returned document, initialing of 1600-13, 1600-18 Reverberation 400-49 Reverse notice on decal 1000-26 Reverse notice on mold 1000-26 Reverse side 1000-23 Revised or new version, basic registration for 1500-18 Revised published version, renewal of 1300-33 Rhythm 400-1 Rider considered as "page" 1600-21 Right (personal) of renewal 1300-18, 1300-31 Rightful claimant, statement as to 1500-12 Rodin, sculpture by. 500-14 ROM (Read-Only Memory) 300-33 Roman numerals 1000-7 Routine or programmed routine 300-34 Royalty payments and license agree- ments voluntarily negotiated 1600-1 Rubber-stamped notice 1000-25 Rubber-stamped signature Rugs. See Carpeting. 1600-9 Rule of doubt 100-5, 300-12, 300-20, 300-22, 1000-4, 1200-2 Rules ( slide) 500-18 ☒ \- S - Sale of pottery at roadside stand 900-3 Sale or other transfer of ownership 900-1, 1100-2 Sale or other transfer of ownership, distribution by. 900-4 Same claimant for both sound recording and underlying work 700-3 Same title repeated 1600-19 Same title repeated with different descriptive matter 1600-20 Samoa (American) 1100-4 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Scanning devices (optical) 800-33, 1000-21 Scenario 400-15 Scenery 400-16 Scenery depicted in photograph 500-15 Schedules of sporting events 200-3, 300-2 Scientific or technical discoveries 500-18 Scientific or technical works, subjects depicted in 500-19 Scientific works: architectural and technical drawings and models 500-17 Score (conductor's) 800-7 Scorecards 200-3, 300-2, 500-18 Script ( shooting) 800-36, 800-38 Sculpted bee 500-10 Sculptural carving, cutting, molding, casting, shaping, or other processing 500-2, 500-9 Sculptural expression ( copyrightable) 500-2 Sculptural material, minimal standards for 500-5 Sculptural, pictorial, and graphic works .. 700-3 Sculptural, pictorial, or graphic works with accompanying text 1000-2, 1000-7 Scuptural works 500-1ff. Sculptural works, embodiment of 500-1 Sculptural works, notice on 1000-22 Sculptural works, reproductions of 500-14 Sculpture 500-2 Sculpture, three-dimensional reproduc- tions of 500-14 Sculpture ( unpublished) embodied in published motion picture 900-9 Sculptured lamp base 500-12 Seal ( official) of any diplomatic or consular officer 1600-6 Seals, use of protected 300-5 Search report (official Copyright Office) 1300-6 Secrets ( trade) 300-21 Secure tests 300-12, 800-29 Self-serving declaration 1600-3 Selvage 1000-23 Selvedge. See Selvage. <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II \- 102 - Page Sender, certificate of record returned to 1600-27 Separability test, conceptual basis for ... 500-11 Separability test for useful articles 500-11 Separability test ( irrelevant factors) 500-12 Separability test, physical basis for 500-12 Separable parts published in permanent container, notice on 1000-23 Separate applications (renewal) 1300-13 Separate copyright notice, contribution published with 1300-11 Separate editions of periodicals 300-9 Separate parts or installments, date of publication of 900-12 Separate parts or installments, publi- cation of 900-10 Separate parts or installments, unit publication of 900-10 Separate renewal registrations of contributions 1300-10 Separate transfer, fee required for each 1600-18 Separated name 1000-15 Separately registrable works of author- ship fixed in film, videotape or the like 400-32, 800-38 Sequential showing of images 900-6 Serial form, publication in 900-10 Serial installments 1300-13 Serials 700-3 Serials, nondramatic literary works other than 700-2 Serials, notice on periodicals or other. 1000-18 Serials, numerical or chronological designations on 700-3 Series of related images 400-23 Series titles, consecutive listing of 1600-20 Sermons 800-5 Serrated edge of a knife 500-10 Service of advance notice of termina- tion 1600-22 Service of notice of termination 1600-25 Service of notice of termination, date and manner of. 1600-26 Service (personal) 1600-22 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Services, disruption of postal or other 1300-5 Setting of music 400-10 Setting of type 1200-8 Shapes of three-dimensional useful articles 500-10 Shaping ( sculptural) 500-2, 500-9 Shareholders. See also Stockholders. Shareholders separate and distinct from corporation 1100-10 Sheet-like materials, pictorial or graphic works reproduced in or on 800-30 Sheet-like or strip material bearing multiple or continuous reproductions of work, notice on 1000-23 Sheet music 1000-1 Shipment ( collect) 800-40 Shipment instructions 800-40 Shooting script (motion pictures) 800-36, 800-38 Shooting script or continuity as re- quired description of motion picture 400-29 Short story published in monthly magazine 700-6 Shopping bags 500-13 Showing of images in any sequence 900-6 Signal Carriage Complement, Notices of Identity and 1600-1 Signature (actual) of individual 1600-5 Signature ( hand-printed) 1600-9 Signature (handwritten) 1200-12, 1300-8, 1600-25 Signature in pencil 1600-9 Signature, initials or monogram in lieu of 1600-9 Signature of individual 1600-9 Signature of transferee not required 1600-7 Signature of transferor 1600-6 Signature on notice of termination 1600-24 Signature (printed, typewritten, rubber- stamped, or facsimile) 1600-9 Signatures required on work-for-hire agreements 1600-10 Signed statement or affidavit, recorda- tion of 1500-8 Signer is not copyright owner 1600-9 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II \- 104 - Page Signing or initialing, impossibility of ... 1600-13 Significance of classification 700-7 Silk-screen prints 500-14 Simple combination of standard symbols Simultanous first publication within and outside United States 500-3, 500-5 800-11 Simultaneous fixation of drama 400-16 Simultaneous submission of original and renewal claims 1300-7 Simulated stereo 400-50 Single and multiple titles distin- guished 1600-19 Single class of renewal claimants 1300-16 Single copyright term. 1300-1 Single entity, indistinguishable merger of elements into 1300-24 Single-leaf works 1000-18 Single registration for group of contributions to periodicals 800-2 Single renewal application for two editions 1300-12 Singspiel 400-17 Sixty seconds or less, untitled motion pictures or other audiovisual work whose duration is 1000-21 Size of periodical editions 300-10 Sketches (comedy) 400-13 Slide films 800-33 Slide films, works published in 1000-21 Slide presentations 500-1 Slide rules 300-2, 500-18 Slides 500-1, 500-15 Slogans 200-3, 300-1, Slogans, use of protected 400-2 200-4, 300-5, 400-6 Small number of copies, omission of notice from relatively 1000-13 "Smokey Bear" Social dance steps 200-4, 300-6, 400-6 400-19 Societies, proceedings of 700-3 Software 300-34 Soliloquy 400-15 Song lyrics 400-13 <!-- PageFooter="[1984]" --> ☒ <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Sound cards 400-35 Sound effects, ideas for 400-16 Sound engineering as copyrightable authorship 400-38 Sound recording and sounds accompanying audiovisual work distinguished 400-33 Sound recording and underlying work, claimant same for both 700-3 Sound recording and underlying work distinguished 400-33 Sound recording authorship, use of Form SR obligatory for 700-7 Sound recording jacket 1000-24 Sound recording producer 1000-3, 1000-11 1000-10, Sound recording ( reprocessed) originally fixed as monophonic 400-42 Sound recording, underlying work in 700-3 Sound recording, words, and music, classification of claim in phono- record containing 700-7 Sound recordings 200-1, 200-6, 300-6, 400-33ff., 700-3, 700-7, 800-7, 800-12, 900-5, 1000-1, 1000-2, 1000-3, 1000-6, 1000-9, 1000-10, 1000-16, 1000-24, 1100-1, 1100-7 Sound recordings, abridgment of 400-44 Sound recordings, acceptable descrip- tions of copyrightable elements in. 400-41 Sound recordings, additional recorded material in 400-41 Sound recordings, ambiguous or unfamil- iar terms relating to 400-44 Sound recordings and phonorecords dis- tinguished 400-35 Sound recordings as derivative works 400-39 Sound recordings, authorship of per- former 400-38 Sound recordings, authorship of pro- ducer 400-38 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II \- 106 - Page Sound recordings, classification of 400-33 Sound recordings, compilations of 400-44 Sound recordings containing previously published elements of motion picture 400-34 Sound recordings, copyrightability of 400-37 Sound recordings (derivative), types of 400-41 Sound recordings, editing of 400-43 Sound recordings, eligibility of 1100-1 Sound recordings, embodiment of 400-34 Sound recordings fixed before Febv. 15, 1972, common-law rights in 400-37 Sound recordings fixed before Feb. 15, 1972, State protection for 400-37 Sound recordings, mere republications of. 400-45 Sound recordings, minimal contributions to 400-43 Sound recordings, non-registrable compilations of 400-45 Sound recordings, noncopyrightable elements of 400-42 Sound recordings, notice on 1000-24 Sound recordings, phonorecords of 1000-1, 1000-13, 1000-6, 1000-9, 1000-16 Sound recordings (pre-1972) origi- nally fixed in monophonic sound. 400-42 Sound recordings, presumption as to producer's name on 1000-10, 1000-11 Sound recordings, overdub of 400-44 Sound recordings, preexisting sounds recast in. 400-41 Sound recordings, re-engineering of. 400-44 Sound recordings, requirement of "material added" statement on application for 400-40 Sound recordings, types of copyright- able authorship of 400-37 Sound sheets 400-5, 400-35 Sounds accompanying audiovisual work 400-23 Sounds accompanying audiovisual work distinguished from sound recording 400-33 Sounds accompanying audiovisual work made audible 900-6 <!-- PageFooter="[1984]" --> ☒ ☒ <!-- PageBreak --> ### INDEX TO COMPENDIUM II \- 107 - Page Sounds (accompanying) to audiovisual works 700-3 Sounds (musical) recorded 400-38 Sounds of racing cars 400-39 Sounds previously published as part of motion picture 400-34 Sounds produced by nature 400-39 Sounds produced by non-human sources 400-39 Sounds ( recorded) accompanying audio- visual work 1000-1 Sounds ( recorded) accompanying motion picture 1000-1 Sounds ( spoken ) recorded 400-38 Soundtrack as embodiment of muisical work 400-4 Soundtrack, deposit requirement for music embodied in 400-4, 800-32 Soundtrack (motion picture) 700-3 Soundtrack, transcription of 800-32 Soundtracks (motion picture), separate registration for works embodied only in 800-32 Soundwheels 400-5 Source code 300-16, 300-21, 300-22, 300-34, 800-34 Source code as best deposit. 300-20 Sources (outside) of information 1600-12 Sovereign authority of a foreign nation ... 1100-3, 1100-5 Sovereign authority of a foreign nation, definition of 1100-3 Special Fourth Class Mail 800-41 Special relief 300-20, 300-21, Special relief, annotation when granted ... 800-42ff. 800-44 Special relief: continuous or ongoing grants 800-44 Special relief, denial of 800-44 Special relief from deposit requirements for registration 800-42 Special relief: procedures 800-43 Specialized agencies of United Nations 1100-6 Speeches 800-5 Spheres (multicolored geometrical) 500-6 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II Page Splices, absence of 800-8, 800-36, 800-37 Spoken, musical, or other sounds, fixation of 700-3 Spoken resume fixed in videocasssette 800-38 Spoken sounds, fixation of 700-3 Spoken sounds recorded 400-38 Spools, reels, or containers 1000-23 Spouse ( common-law) 1300-17 Spouse (divorced) 1300-17 Stage directions for action 400-15 Stage settings 400-16 Stamps ( postage), refunds made in 700-8 Standard calendars 200-3, 300-2 Standard Modification (Motion Picture Agreement ) 400-32, 800-39, 800-40 Standard of measurement 500-18 Standard ornamentation 500-3, 500-5 Standard Reference Data Act 200-9, 300-5 Standard symbols 500-3 Standard symbols, simple combination of 500-3, 500-5 Standards ( archival) 700-5 Standards (minimal) for pictorial or graphic material 500-3 Standards (minimal) for sculptural material 500-5 Star 500-3, 500-9 Star ( five-pointed) 500-3, 500-9 State government works 200-10 State protection for sound recordings fixed before Feb. 15, 1972 400-37 Stateless author 1100-11 Stateless, definition of 1100-3 Stateless person 1100-5 Statement as to rightful claimant 1500-12 Statement ( "Best Edition" ) 800-8, 800-46 Statement ( employment-for-hire), error or omission in. 1500-15 Statement (Import) 700-4, 1200-1, 1200-3, 1200-5, 1200-7, 1200-9, 1200-10, 1200-11, 1200-12, 1200-13 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II \- 109 - Page Statement (Import), limit on issuance of 1200-11 Statement ( Import) not required 1200-10 Statement (Import), request for 1200-10 Statement of Account (cable systems) 1600-1 Statement of applicant, information at variance with 900-2 Statement of copyright ownership by claimant 700-1 Statement of facts must be complete and unambiguous 1600-23 Statement of limitation in notice 1000-3, 1000-16 1000-4, Statement of nature or extent of authorship, change in 1500-15 Statement (printed or typewritten) 1300-8 Statement (signed) or affidavit, recordation of 1500-8 Statements (acceptable) of nationality, domicile, and nation of first publi- cation 1100-13 Statements or notices on copies or phonorecords, errors in 1500-18 Statements purporting to limit or restrict distribution 900-3 Statements regarding identity of authors of anonymous or pseudonymous works 1600-1 Statements relating to death of authors. 1600-1 Stationery 500-13, 800-4, 1000-2, 1000-7 Statues 800-11 Status only, unnamed renewal claimant identified by 1300-32 Statutory authority for examination 100-2 Statutory copyright secured before 1978 1500-12 Statutory provisions (deposit) 800-1 Statutory provisions (publication) 900-1 Statutory requirements for application forms 700-1 Stepchildren 1300-17 Stereo (compatible) 400-50 Stereo (enhanced) 400-50 Stereo (simulated) 400-50 Stereophonic 400-50 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II Page Stockholders 1300-26 See also Shareholders. Story 400-14 Strip or sheet-like material bearing multiple or continuous reproductions of work, notice on 1000-23 Stripes (chevron design) 500-3 Subdivision or agency (governmental) 1100-3 Submission ( simultaneous) of original and renewal claims 1300-7 "Substantial," meaning of 1200-6 Substitute executor 1300-18 Substitute for registration, recordation is no 1600-4 Subtitle, addition of 1500-14 Subtitle (descriptive) or translation. 1600-21 Subtitles (different) 1600-20 Stuffed toy animals 500-1 Style and artistic merit 500-2 Stylized art. 500-2 Subjects depicted in scientific or technical works 500-19 Submission of material 700-5 Submission of registration fees 700-8 Subroutine 300-34 Succession ( testamentary or intestate) 1300-15 Successor executor 1300-18 Successor in interest or duly authorized agent 1500-7 Successor in title or grantee, last known address of 1600-22, 1600-25 Successors, authors and their 1300-15 Successors of renewal claimants 1300-32 Sufficiency ( formal) of document 1600-5 Sufficiency (legal) of notice of termination 1600-26 Supplemental Property Agreement (Motion Picture Agreement) 400-32, 800-42 Supplementary registration 700-4 Supplementary registration, applicable notice requirements for 1500-17 Supplementary registration, application for 1300-16 Supplementary registration, certificate of 1500-6 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> \- 111 - Page Supplementary registration, effective date of 1500-25 Supplementary registration inappro- priate 1500-5, 1500-10 Supplementary registration time limits 1500-5 Supplementary registration to correct renewal registration 1500-5 Supplementary registrations 1500-1ff. Supplementary registrations: amplifi- cations 1500-3 Supplementary registrations: correcting or amplifying information in another supplementary registration 1500-4 Supplementary registrations: correc- tions 1500-2 Supplementary registrations: cross- referencing 1500-7 Supplementary registrations: persons entitled to submit application. 1500-6 Supplementary registrations: their effect 1500-6 Supplementary (Transitional and) Pro- visions of the current Act. 400-5, 700-8, 1000-14, 1100-8, 1200-1, 1200-2, 1200-3, 1300-15 Surviving person or persons who executed grant 1600-23 Sutton Movement Shorthand 400-20 Sweetening 400-50 Sworn certification 1600-5, 1600-6 Sworn or official certification 1600-2 Symbol @. 1000-2, 1000-4, Symbol ®. 1000-5, 1300-8 1000-3, 1000-6 Symbol, variants of. 1000-4, 1000-11 Symbolic value 500-3 Symbols (harmonic chord) 400-8 Symbols, lines, numbers, calibrations, and their arrangement :500-18 Symbols or indicia, works expressed in 1200-4 Symbols ( standard) 500-3 Symbols ( standard), simple combination of. 500-3, 500-5 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II \- 112 - Page Symbols, use of protected 300-5 Synopsis (detailed) 400-29 Synopsis (motion pictures) 800-36, 800-37 System. 500-5 Systems 200-2, 300-2 Systems, ideas, or processes 500-18 Systems of dance notation 400-20 Systems ( other calendrical) 900-11 - T - Table lamp design or model 500-6 Table place mats 500-13 Table service patterns 500-1 Tableau of story or incident 400-15 Tableaux and pantomimes distinguished 400-22 Tables taken from public documents or other common sources 300-2 Tag, notice on 1000-23 Tags or labels 1000-23 Tape, magnetic 300-34 Tape measures and rulers 200-3, 300-2 Tape or film, leader of 1000-21 Tapes, audio 400-35 Tapes ( computer ) 1200-8 Tapes (magnetic) 800-33, 1000-20 Tapes (open reel) 1000-2 Tapes ( phonorecords ) 400-5 Technical drawings 500-1, 500-17, 700-3, 800-4 Technical models 500-17 Technical or scientific discoveries 500-18 Technical or scientific works, subjects depicted in 500-18 Telecast transmission of live per- formance 400-25 Telegraphic or similar unsigned written communication 1300-2 Telephone books 300-8 Term (ad interim) of five years 1200-2 Term (copyright), computation of 1000-14 Term (copyright) for works made for hire 900-8 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> \- 113 - Page Term (copyright ) of anonymous and pseudonymous works 900-8 Term (extended renewal), termination of transfers and licenses granted by author under 1600-22 Term for published works, computing 1300-3 Term for unpublished works, computing 1300-4 Term (original) of copyright 1300-1, 1300-2, 1300-3, 1300-4, 1300-7, 1300-10 Term ( renewal) extended 1600-6, 1600-22, 1500-27 Term ( single copyright) 1300-1 Terminal, notice displayed on 1000-20 Termination, advance notice of 1600-22 Termination, date and manner of service of notice of 1600-26 Termination, effective date of 1600-23, 1600-26 Termination, legal sufficiency of notice of. 1600-26 Termination, legibility of notice of 1600-26 Termination of grant executed by duly authorized agent 1600-25 Termination of grant executed by one or more authors 1600-25 Termination of grant executed by someone other than the author 1600-25 Termination of Motion Picture Agreement .. 800-42 Termination of transfers and licenses 1600-1, 1600-22, 1600-27 Termination of transfers and licenses granted by author in 1978 or there- after 1600-27 Termination of transfers and licenses granted by author under extended renewal term 1600-22 Termination of transfers and licenses, time limits for 1600-22 Termination, persons not entitled to exercise right of 11600-27 Termination, printed forms not provided for notices of. 1600-23 Termination, service of notice of 1600-25 Termination, signature on notice of 1600-24 <!-- PageFooter="[1984]" --> <!-- PageBreak --> #### INDEX TO COMPENDIUM II ##### - 114 - Page Terrestrial maps and atlases 500-16 Territorial areas of the United States .... 1100-11, 1200-6 Territorial areas under U.S. juris- diction 200-9, 1100-3, 1100-4, 1100-11 Territorial limitations of U.S. copy- right law. 100-10 Territories (organized) 1100-3, 1100-4, 1100-10, 1100-11 1200-6 Territories (trust) 1100-4, 1100-11 Territories ( unorganized) 1100-4, 1100-11 Territory (Trust) of the Pacific Islands 1100-4 Test ( separability), conceptual basis for 500-11 Test ( separability) for useful articles ... 500-1 Test ( separability), physical basis for 500-12 Testamentary or intestate succession 1300-15 Tests 300-12 Tests ( nonmarketed) 800-29 Tests ( published) and answer material 800-28 Tests ( secure) 800-29 Text (accompanying), pictorial, graphic, or sculptural work with 1000-2, 1000-7 Text only, filmstrip containing 700-5 Textbooks 700-2 Textile fabric 500-3 Textile or other fabrics 800-30 Textiles and fabrics 1000-7 Textual description as registrable choreography 400-20 Textual matter (printed), Best Edition of. 800-47 Theme (dramatic) 400-14 Three-dimensional containers 800-12 Three-dimensional objects, works reproduced in or on 800-11 Three-dimensional reproductions of sculpture 500-14 Three-dimensional useful articles 500-1, 800-12 Three-dimensional useful articles, shapes of. 500-10 Three-dimensional works 700-3 <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Three-dimensional works of artistic craftsmanship 500-9 Time and light exposure 500-15 Time cards 200-3, 300-2 Time limits for new basic registrations ... 1500-9 Time limits for supplementary registra- tion 1500-5 Time limits for termination of transfers and licenses 1600-22 Time limits (renewal) 1300-1, 1300-2, 1300-3, 1300-4, 1300-12 Time when eligibility is determined 1100-12 Title (abbreviated) 1600-11 Title and author of each work 1600-23 Title, appellation of work as 1600-19 Title, change or correction of 1500-14 Title, denomination of work as 1600-19 Title (different) 1600-11 Title (grantee or successor in), last known address of 1600-22, 1600-25 Title indexing, additional fees for 1600-21 Title of work. 700-1 Title on identifying material 300-19 Title page 1000-17 Title page, page immediately following 1000-17 Title, registration number in lieu of. 1600-12 Title repeated ( same) 1600-19 Title ( same) repeated with different descriptive matter 1600-20 Titles 200-3, 300-1, 400-2 Titles (alternative) 1600-21 Titles (alternative) of work 700-1 Titles, counting of 1600-19 Titles given only in covering letter 1600-12 Titles in series, consecutive listing of. 1600-20 Titles (individual) in collection separately indexed 1500-3 Titles, none given 1600-12 Titles of registered works 1600-11 Titles (previous ) of work 700-1 Titles ( single and multiple) distin- guished. 1600-19 <!-- PageFooter="[1984]" --> <!-- PageBreak --> #### INDEX TO COMPENDIUM II \- 116 - Page "Todos los Derechos Reservados" 1000-5 Tools (work) 500-11 Toy animals (stuffed) 500-1 Toys 500-1, 500-6, 500-7, 500-9, 500-10, 800-12, 1000-2, 1000-7 Trade secrets and special relief 300-21 Transcription of soundtrack 800-32 Transfer (blanket) 1600-12 "Transfer," document indexed as 1600-2 Transfer document: words of conveyance 1600-12 Transfer executed in foreign country 1600-16 Transfer, fee required for each sepa- rate 1600-18 Transfer, intention manifest to 1600-13 Transfer, necessary parties should be identified in any document of 1600-10 Transfer, note or memorandum of 1600-2 Transfer of copyright in contribution to periodical 1600-9 Transfer of copyright to U.S. Govern- ment 300-5 Transfer of ownership 1500-11 Transfer of ownership of copyright and material object distinguished 300-13 Transfer of ownership or sale, distri- bution by 900-4 Transfer of ownership, sale or other 900-1, 1100-2 Transfer, recordation of document of 1500-11 Transferee as well as transferor should be identified in document of transfer 1600-10 Transferee's signature not required 1600-7 Transferor, corporation as 1600-7 Transferor, impersonal legal entity as ... 1600-7 Transferor, signature of. 1600-6 Transfers and licenses granted by author in 1978 or thereafter, termination of ... 1600-27 Transfers and licenses granted by author under extended renewal term, termination of. 1600-22 Transfers and licenses, termination of. 1600-1, 1600-22, 1600-27 Transfers and licenses, time limits for termination of 1600-22 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Transfers and other documents pertaining to a copyright, recordation of 1600-1ff. Transfers and other documents, recor- dation of 1600-2 Transfers of copyright ownership, execu- tion of. 1600-2 Transfers (purported), Copyright Office policy regarding 1600-2 Transitional and Supplementary Provisions of the current Act 400-5, 700-8, 1000-14, 1100-8, 1200-1, 1200-2, 1200-3, 1300-15 Translation of drama 400-16 Translation or descriptive subtitle 1600-21 Translations. 200-6, 300-6, 300-7, 400-39, 1200-13, 1600-10 Translators 1300-16 Transliterations 300-7 Transmittal, letter of 1300-5, 1600-12 Transposition of music 200-2, 400-2, 400-9 Treaties (multilateral copyright) 1100-6 Triadic harmony. 400-3 Trust territories 1100-4, 1100-11 Trust Territory of the Pacific Islands 1100-4 Two-dimensional useful articles 500-1, 500-9 Two-dimensional works 700-3 Two editions, single renewal application for 1300-12 Two forms seem appropriate, classifi- cation where 700-6 Two or more categories of authorship, classification involving 700-6 Two-page preface to 100-page work 1200-6 Two-party instrument 1600-7 Two-thousand copy limit 1200-3 Type, copies printed from 1200-8 Type, setting of 1200-8 Typeface 200-3, 300-3 Typewritten copies in multiples 1200-9 Typewritten notice 1000-25 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> Page Typewritten or legibly printed full name and address 1600-25 Typewritten or printed in black ink 700-5 Typewritten or printed statement 1300-8 Typewritten signature 1600-9 Typographic ornamentation 500-13 Typographic ornamentation, mere varia- tions of 200-3, 500-13 Typographical error (minor) 1600-15 Typography 500-4 Typography of periodical editions 300-10 \- U - U.C.C. See also Universal Copyright Con- vention. UCC. See Unversal Copyright Convention. U.C.C. Work, Renewal Affidavit for a 1300-7 U.S. copyright protection, eligibility for 1500-13 U.S. copyright subsists, averment that 1300-8 U. S. Customs Service. 1200-10 U.S. dollars, Bank Draft payable in 700-9 U.S. domiciliary or national, author not 1200-7 U.S. edition ( later published) of work first published outside the United States 900-10 U.S. edition, manufacture of 1200-2 U.S. edition not registered 1300-14 U.S. edition, optional registration of 1200-2 U.S. Government, applicability of fees to 700-8 U. S. Government works 200-5, 200-8, 200-9, 200-10, 300-4, 1000-3, 1000-16 U. S. national or domiciliary 1100-5 U.S. national or domiciliary, author not 1200-7 ☒ ☒ <!-- PageFooter="[1984]" --> <!-- PageBreak --> ##### INDEX TO COMPENDIUM II ##### - 119 - Page U.S. national or domiciliary, employer of author is not 1200-8 U.S. Postal Service 200-9 U.S. Virgin Islands 1100-2, 1100-3, 1100-6, 1200-6 Unacceptable renewal claim 1300-31 Unacceptable variants 1000-4, 100-6, 1000-11 Unambiguous and complete statement of facts 1600-23 Unauthorized earlier registration 1500-21 Unavailability of required deposit 800-43 Uncollectible check. 700-10 Uncopyrightable cartographic material 500-17 Uncopyrightable elements of prints 500-13 Uncopyrightable photographic works 500-16 Undamaged motion pictures 800-8, 800-36, 800-37 Underlying work and sound recording, claimant same for both 700-3 Underlying work in sound recording 700-3 Undeteriorated motion pictures 800-8, 800-36, 800-37 Unfamiliar terms relating to sound recordings subject to question 400-44 Uniqueness of work 200-1 Unit publication of separate parts or installments 900-10 United Nations 1100-6 United Nations or its agencies, works of .. 200-10, 1100-6 United Nations, specialized agencies of. 1100-6 United States agent 800-39 United States, author domiciled outside ... 1200-7 United States, business office in 800-39 United States copyright protection, eligibility for 1500-13 United States Customs Service 700-4 United States, definition of 1100-3 United States dollars, Bank Draft pay- able in 700-9 United States, domiciliary of 1100-11 <!-- PageFooter="[1984]" --> <!-- PageBreak --> # INDEX TO COMPENDIUM II Page United States, fees remitted from out- side 700-9 United States, first publication in United States Government, applicability of fees to 1100-5, 1100-11 700-8 United States Government works 200-5, 200-8, 200-9, 200-10, 300-4, 1000-3, 1000-16 United States Government works, publi- cation incorporating 1000-16 United States, later published U.S. edition of work first published out- side the 900-10 United States, manufacture in the 1200-6 United States, national of. 1100-11 United States, pre-1978 work first pub- lished in 800-10 United States, simultaneous first publi- cation within and outside of 800-11 United States, territorial areas of 1100-11, 1200-6 800-11, 900-10 United States, work first published outside of Universal Copyright Convention See also U.C.C. 1100-1, 1100-4, 1100-5, 1100-7, 1100-14, 1100-15, 1300-7 Universal Copyright Convention, effect on renewal of. 1330-14 Universal Copyright Convention (UCC) country, first publication in 1100-5 Unlimited importation 1200-7, 1200-8 Unlimited quantities, importation in 1200-4 Unnamed renewal claimant identified by status only. 1300-32 Unorganized territories 1100-4, 1100-11 Unpublished and imported versions sub- stantially different. 1200-10 Unpublished material embodied in pub- lished work 900-9 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II ### - 121 - Page Unpublished motion pictures 400-29, 800-35 Unpublished nondramatic literary works 700-2 Unpublished oil painting embodied in published lithograph 900-9 Unpublished, published work registered as 1500-16 Unpublished screenplay (preexisting) embodied in motion picture 900-9 Unpublished sculpture embodied in published motion picture 900-9 Unpublished work 900-2 Unpublished work registered as pub- lished 1500-16 Unpublished works 1000-1 Unpublished works (additional material) 800-4 Unpublished works, computing term for 1300-4 Unpublished works, date of registra- tion of. 1300-4 Unpublished works, deposit of 800-2 Unpublished works, eligibility of 1100-5 Unpublished works (identifying mate- rial) 800-3 Unpublished works, meaning of "complete" deposit 800-2 Unpublished works ( nature of copy) Unpublished works registered before 1978 800-3 1000-14 Unrepeatable random patterns 500-8 Unrestricted gift 900-3 Unrestricted public access to copy or phonorecord 900-4 Unsigned document 1600-7 Unsigned written communication, tele- graphic or similar 1300-2 Unspecified fees in Copyright Act 700-10 Untitled motion picture of sixty seconds or less 1000-21 Untitled audiovisual work of sixty seconds or less 1000-21 Use (ordinary), magnification for 1000-25 Use (ordinary), visibility of notice upon 1000-26 Useful article 500-11 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II \- 122 - Page Useful article, label not considered 1000-7 Useful articles 200-3, 500-9, 500-10, 1000-2, 1000-7 Useful articles, separability test for 500-11 Useful articles ( three-dimensional) 800-12 Useful articles (three-dimensional), shapes of 500-10 Useful articles (two and three-dimen- sional) 500-1 Useful articles ( two-dimensional) 500-9 - V - Validity doubtful 1300-13, 1500-17 Validity of claim doubtful 1500-17 Validity, prima facie evidence of 100-3 Value (aesthetic) of works of art 500-2, 500-12, 500-13 Value (commercial) or aesthetic appeal 500-3 Value (declaration of) 800-40 Value ( symbolic) 500-3 Variance between information and state- ment of applicant 900-2 Variance ( reconcilable) between names 1600-8 Variants ( acceptable) 1000-4, 1000-5, 1000-6 Variants of word, symbol, or abbrevia- tion 1000-4, 1000-11 Variants ( unacceptable) 1000-4, 10006, 1000-11 Variations (musical) 400-10 Version (later) of published work, renewal of 1300-32 Version (new) , importation of 1200-12 Version (new) of previously published work. 900-10 Version ( new or revised), basic regis- tration for 1500-18 Version, renewal of revised published 1300-33 Version or edition (previous), date of publication of. 900-12 Videocassette, pantomime fixed in 800-38 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ### INDEX TO COMPENDIUM II ### - 123 - Page Videocassette, spoken resume fixed in 800-38 Videodisk 400-25, 400-31 Videotape 400-25 Videotape, separately registrable works of authorship fixed in 800-38 Vinyl disks 400-35 Virgin Islands (U.S. ) 1100-2, 1100-3, 1100-6, 1200-6 Visibility of notice upon ordinary use 1000-26 Visual arts, works of the 700-3 Visual distortions (motion pictures) 800-8, 800-36, 800-37 Visually perceptible authorship (audiovisual work) 400-24 Visually perceptible copies 1000-1, 1000-2, 1000-5, 1000-18 Visually perceptible copies, notice on musical works published in 1000-18, 1000-19 Visually perceptible printouts 1000-20 Volume and issue number 1000-18 Vouchers 500-18 - W - Waiver (discretionary) of fees 700-8 Waiver or reduction of registration fee disallowed 100-9 Walking steps or "jumping jacks" 400-18 Wall plaques 500-1 Wallpaper 800-30 Waltz dance step 400-19 Warning letter 1000-7, 1000-8 See also Cautionary letter. Warning letters 100-5 Wearing apparel 800-32 Weekly magazine, pictorial cartoon pub- lished in 700-6 Weight 800-43 Weight charts 200-3, 300-2 Wheel dials 300-2, 500-18 Widowers, widows, and children 1300-16 Widows, widowers, and children 1300-16 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II \- 124 - Page Wife 1300-17 Will 1300-18, 1300-19, 1300-20, 1300-21, 1300-29, 1600-22 "Woodsy Owl" 200-4, 300-6, 400-6 Word "Copyright" 1000-2, 1000-4, 1000-5 Word, variants of 1000-4, 1000-11 Words accompanying music 400-13 Words ( accompanying) to musical works 700-3 Words and short phrases 200-3, 300-1, 400-2 Words, music, and sound recording, classification of claim in phono- record containing 700-7 Words, numbers, or other verbal or numerical symbols or indicia (works expressed in) 1200-4 Words of conveyance in transfer docu- ments 1600-12 Words of conveyance, lack of clear 1600-13 Work, alternative titles of 700-1 Work ( audiovisual), recorded sounds accompanying 1000-1 Work, changes in content of 1500-18 Work (derivative) or compilation, iden- tification of preexisting material in 700-2 Work, failure to identify 1600-11 Work first published outside the United States 900-10 Work first published outside the United States, later published U.S. edition of 900-10 Work-for-hire agreements, signatures required on 1600-10 Work made for hire 700-1, 1100-1 Work made for hire, nationality or domicile in case of. 1100-9 Work other than anonymous or pseud- onymous 700-1 Work ( published), renewal of later version of 1300-32 Work, title and author of each 1600-23 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II \- 125 - Page Work, title of 700-1 Work tools 500-11 Work ( underlying) and sound recording, claimant same for both 700-3 Work ( underlying) in sound recording 700-3 Work ( unpublished) 900-2 Works, administrative classification of. 700-1 Works ( audiovisual) 700-3 Works ( choreographic) 700-3 Works (collective), classification of contributions to 700-6 Works ( collective), contributions to. 1000-2 Works (collective), notice on contri- butions to 1000-19 Works ( composite) 1300-9, 1300-10, 1300-11, 1300-24, 1300-25 Works containing classified information. 100-6 Work's contents, disclosure of 900-3 Works copyrighted before 1978 400-3, 400-4, 700-4, 800-1, 800-10, 800-43, 800-44, 900-1, 900-7, 1000-4, 1000-14, 1100-1, 1100-13, 1200-2, 1300-1, 1300-3, 1500-5, 1500-12, 1500-16, 1500-17, 1500-18, 1500-19 Works ( Copyrighted) for the Collections of the Library of Congress, "Best Edition" of Published 800-46 Works (derivative), classification of 700-6 Works distributed before 1978 only as phonorecords 1100-13 Works ( dramatic) 700-3 Works (dramatic, musical, pictorial, and graphic) 1200-4 Works (dramatico-musical) 1300-24 Works embodied in phonorecord 700-3 Works embodied only in motion picture soundtracks, separate registration for 800-32 <!-- PageFooter="[1984]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II \- 126 - Page Works existing in more than one medium, Best Edition of. 800-50 Works expressed in words, numbers, or other verbal or numerical symbols or indicia 1200-4 Works in languages other than English. 1200-4 Works in languages other than English. See also Foreign-language works. Works in public domain 200-5, 300-4, 1200-4 Works (machine-readable) 800-33 Works made for hire, copyright term of 900-8 Works made for hire, duration of copy- 1000-14 right for Works made for hire, employers in the case of 1300-16, 1300-26 Works made for hire (motion pictures) 400-28 Works (musical) 700-3 Works of applied arts 700-3 Works of art 500-1 Works of artistic craftsmanship 500-1 Works of authorship fixed in film, videotape, or the like, which are separately registrable 400-32, 800-38 Works of fine art 700-3 Works of multiple parts 800-5, 800-12 Works of Organization of American States 200-10, 1100-6 Works of the performing arts 400-1ff., 700-3 Works of the visual arts 700-3 Works of U.S. Government 200-5, 200-8, 200-9, 200-10, 300-4, 1000-3, 1000-16 Works of United Nations or its agencies ... 200-10, 1100-6 Works ( posthumous ) 1300-22 Works (published) 1000-1 Works published after 1977, manufac- turing requirements of. 1200-1 Works published before 1978, manufac- turing requirements of. 1200-1 Works (published), computing term for 1300-3 Works published in book form, position of notice on. 1000-17 Works published in film, filmstrips, or slide films 1000-21 <!-- PageFooter="[1984]" --> <!-- PageBreak --> <!-- PageHeader="INDEX TO COMPENDIUM II" --> \- 127 - Page Works published in microform 1000-21 700-2 Works (published), manufacturing information for Works ( reference) 700-2 Works registered as unpublished before 1978 1000-14 Works ( registered), titles of. 1600-11 Works reproduced in machine-readable copies 1000-20 Works reproduced in or on three- dimensional objects 800-11 Works ( separately registrable) fixed in film, videotape, or the like 800-38 Works ( single-leaf) 1000-18 Works ( three-dimensional ) 700-3 Works ( two-dimensional ) 700-3 Works ( unpublished) 1000-1 Works ( unpublished), computing term 1300-4 for Works ( unpublished), date of regis- tration of 1300-4 Wrapper (disposable) 1000-24 Wrapping paper 800-30 Wrapping paper or the like 500-13 Writing, instrument in 1600-5 "Writings" of "Authors" 100-1 Written communication (telegraphic or similar unsigned) 1300-2 Wrong name given as claimant 1500-12 \- X - \- Y - Year (calendar), end of. 1300-1, 1300-2, 1300-3, 1330-4, 1300-13 Year date dispersed 1000-8 Year date, form of 1000-7 Year date in Library of Congress Catalog Card Number 1000-9 <!-- PageFooter="[1984 ]" --> <!-- PageBreak --> ## INDEX TO COMPENDIUM II Page Year date in notice 1000-7, 1000-8, 1000-9, 1000-14 Year date in notice, more than one 1000-9 Year date (omitted) 1000-2, 1000-7 Year of creation of work 700-2 Year of first publication 1000-2, 1000-6, 1000-14 Year (renewal), application received after 1300-6 Year (renewal), application received before 1300-6 <!-- PageFooter="[1984]" --> <!-- PageFooter="*U.S. GOVERNMENT PRINTING OFFICE 1985 465-063/20628" -->
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