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, Third Edition should not use the term "text," either alone or in combination with the term "computer program." By contrast, to register a claim in nonexecutable comments, the applicant should state "text" in the application. For guidance in completing this portion of the application, see Section 721.9(F).

The copyright in a computer program does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in the program. 17 U.S.C. § 102(b). As such, the Office will not register the functional aspects of a computer program, such as the program's algorithm, formatting, functions, logic, system design, or the like. Likewise, the Office will communicate with the applicant and may refuse registration if the applicant asserts a claim in uncopyrightable elements that may be generated by a computer program, such as menu screens, layout and format, or the like.

721.8 Copyrightable Authorship in a Derivative Computer Program

A derivative computer program may be registered if it contains new material that is sufficiently different from the preexisting work such that the program qualifies as an original work of authorship. See 17 U.S.C. § 101 (definition of "derivative work"). The new material must be original and it must contain a sufficient amount of copyrightable authorship. Making only a few minor changes or revisions to a preexisting work, or making changes or revisions of a rote nature that are predetermined by the functional considerations of the hardware do not satisfy this requirement. In no case does the copyright for a derivative computer program extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in the program. 17 U.S.C. § 102(b).

Examples:

• Decrypt Corp. created a computer program titled Skeleton Key version 5.0. The program contains a substantial amount of new code that did not appear in prior versions of the same program. The additions and revisions that appear in the source code for version 5.0 may be registered as a derivative work.

• Pentathlon Games released a videogame titled World of Water craft, which is designed to run on the Sony PlayStation. A month later, the company released another version of the game that is designed to run on the Microsoft Xbox. The source code for each version is substantially different, and not simply the result of interoperability or hardware compatibility, although the sounds and images that appear in the videogame are exactly the same. The source code for the Xbox version may be registered as a derivative work.

• Derrick Maxwell created a word processing program titled Linux Write, which is designed to run on the Linux operating system. He subsequently created another program titled Android Write, which is designed to run on the Android operating system. Derrick submits

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