Page:Copyright Office Compendium 3rd Edition - Full.djvu/277

, Third Edition 618.8(C)&emsp;Uncopyrightable Material Claimed in the Author Created Field or the Nature of Authorship Space

The material described in the Author Created field or the Nature of Authorship space must be. If the asserts a  in uncopyrightable material and if the claim appears to be limited to that material, the U.S. Copyright Office will refuse to register the claim.

For a general discussion of copyrightable and uncopyrightable authorship, see (Copyrightable Authorship: What Can Be Registered).

618.8(C)(1)&emsp;Deposit Copy(ies) Containing Copyrightable Authorship and Uncopyrightable Material

If the contain  authorship as well as uncopyrightable material, the  may register the  without communicating with the, provided that the applicant does not claim the uncopyrightable material in the Author Created field or the Nature of Authorship space.

"Example:


 * An application is submitted for a work naming Judy Smith as the author of “2-D artwork.” The deposit copy contains an illustration and a short slogan to describe the illustration. The registration specialist will register the claim because the applicant asserted a claim in the copyrightable artwork, but did not assert a claim in the uncopyrightable short phrase. The specialist may add an to identify the uncopyrightable material, such as: “Regarding new material included: slogan, typeface, typographic ornamentation not copyrightable. 37 C.F.R. § 202.1.”"

618.8(C)(2)&emsp;Claim in Copyrightable Authorship and Uncopyrightable Material

If the asserts a  in  material as well as material that is uncopyrightable under the Copyright Act, Section 202.1 of the regulations, or this Compendium, the  may communicate with the applicant. In the alternative, the specialist may register the claim with an indicating that the registration does not cover the uncopyrightable material. The annotation is intended to put the applicant, the, the courts, and the general public on notice concerning the extent of the claim to copyright.

Examples:

Chapter 600 : 145
 * Claim in uncopyrightable material under Section 102(b). An application is submitted for a scientific paper containing text, graphs, and mathematical equations. The applicant asserts a claim in “text, illustrations, theory.” If the work contains a sufficient amount of copyrightable authorship to support a claim in text and illustrations, the registration specialist may register the claim with