Page:Copyright Office Compendium 3rd Edition - Full.djvu/325

, Third Edition almost always contain  because, by definition, they are based on, or incorporate, one or more preexisting works. Likewise,, including , usually contain unclaimable material because they are often comprised of previously published, previously registered, public domain material, or material that is owned by a third party. To register a derivative work, a compilation, a collective work, or any other type of work that contains an appreciable amount of unclaimable material, the should identify and exclude that material in the application using the procedure described in  below.

621.1&emsp;What Is Unclaimable Material?

A registration for a work of authorship extends only to the new material that the author contributed to that work. It does not extend to any that may appear in that work. For purposes of registration, unclaimable material includes the following types of material:


 * Previously published material.
 * Previously registered material (including material that has been submitted for registration but has not been registered yet).
 * Material that is in the.
 * material that is owned by a third party (i.e., an individual or legal entity other than the who is named in the application).

These categories are described and discussed below in.

If the work described in the application contains an appreciable amount of unclaimable material, the should identify the unclaimable material that appears in that work and should exclude that material from the. Specifically, the applicant should provide a brief, accurate description of the unclaimable material in the appropriate field/space of the application. In the case of an online application, the applicant should provide this information in the Material Excluded field on the Limitation of Claim screen. In the case of a paper application, the applicant should provide this information in space 6(a) in the space marked Preexisting Material. For instructions on how to complete these portions of the application, see below.

In addition, the applicant should identify the new authorship that is being claimed in the application. The applicant should provide this information in the New Material Included field of the online application or in space 6(b) of a paper application in the space marked Material Added to this Work. In the case of a, the applicant should provide a brief description of the new or revised material that the author contributed to the work. In the case of a, the applicant should provide a brief description of the preexisting material or data that has been selected, coordinated, and/or arranged by the author. For instructions on how to complete these portions of the application, see and. Chapter 600 : 193