Page:Copyright Office Compendium 3rd Edition - Full.djvu/1035

, Third Edition 2119.3 Each Issue / Edition Must Be Registered Separately

Each issue of a periodical must be registered separately. Likewise, when an issue of a periodical is published in two or more separate editions containing different copyrightable content, separate renewal registrations are required.

2119.4 Extent of Renewal Claim

Generally, renewal registration for a periodical issue as a whole is made in the name of the proprietor on the statutory basis that the work is a composite work. However, not all periodicals/serials are composite works. In such cases, if the periodical was created as a work made for hire, the renewal copyright may be claimed by the proprietor on that statutory basis. If the periodical was not made for hire, the renewal copyright may be claimed on behalf of the individual author. In either case, the renewal registration should be limited to the material created by the employer for hire or individual author. See Sections 2115.5(C)(2) and 2126.

2120 Computer Programs

The U.S. Copyright Office began to register claims in computer programs in 1964 as "books" in class A. Since 1978, claims in computer programs have been registered in class TX or PA.

To be registrable for the renewal term, a computer program must meet the following requirements:

• It was published in copies [i.e., reproductions of the program in a form perceptible or capable of being made perceptible to the human eye were distributed or made available to the public). If the computer program was not registered for the original term and it seems unlikely that it was actually distributed to the public in the form deposited, or it seems unlikely that it was actually published, the Office may inquire about publication and may require a brief explanation of the way in which the program was first made available to the public and the form in which the copies were published.

• The literary expression consists of sufficient creative authorship to support a claim to copyright.

• The published copies contained the statutory or U.C.C. notice for books. When a program was first published in the form of punched cards or magnetic tape, the work did not have "pages" so the requirement that the notice must appear in books either on the title page or the page immediately following could not be met. In such cases, the Office will take into consideration the nature of any intervening material in determining whether the location of the notice is acceptable. For more information, see Compendium (First) Supplementary Practice No.35.

2121 Works of the Visual Arts

This category of works includes classes F through K under the Copyright Act of 1909 and all categories of works registered since 1978 in class VA. These classes include:

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