Page:Copyright Office Compendium 3rd Edition - Full.djvu/558

, Third Edition 808.10(B) Executive Producer Authorship

To be considered an author of a motion picture, an individual must make a direct, creative contribution to the work. Individuals who manage only the business aspects of a motion picture project, such as executive producers, are not considered authors. If the authorship is described solely as "executive producer" or the sole contribution for one of the authors, the registration specialist will communicate with the applicant to determine if the author(s) contributed copyrightable authorship to the work.

808.10(C) Author and Authorship Variances

Generally, the registration specialist will compare the authorship statement given on the application with the credits on the copy or other information in the deposit material. If there is a variance, and the registration materials do not adequately explain the discrepancy, the specialist may communicate with the applicant to request clarification.

Examples:

• The applicant names Joan Craven as the author of "cinematography." The credits name three other individuals as camera operators, but they do not mention Joan. Because the word "cinematography" means camera work and because the credits contradict the information provided in the application, the registration specialist will communicate with the applicant.

• The applicant names Clark James as "producer, director, editor." The credits state "Produced and directed by Clark James" and "Edited by Don Ackers." The application will be approved. The credits do not necessarily contradict the information provided in the application, because there are several kinds of editing involved in making a motion picture.

808.10(D) Missing Authorship Elements

The applicant should describe the authorship that is included in the deposit copy that has been submitted to the Office. If the applicant includes a claim in an element that does not appear in the deposit, the registration specialist may communicate with the applicant or may add an annotation to the record to address the discrepancy.

Examples:

• The applicant describes the work as "motion picture." The deposit is merely a script. If it appears that a motion picture actually exists, the registration specialist will communicate with the applicant to resolve the variance. If it appears that a motion picture does not exist, the specialist may register the claim with an annotation, such as: "Regarding authorship: Deposit contains script only."

• The applicant submits a claim for a motion picture and includes a claim in "music." The soundtrack appears to contain no music. The

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