Page:Copyright Office Compendium 3rd Edition - Full.djvu/559

, Third Edition registration specialist will communicate with the applicant to locate the music, to determine if the copy is defective, or to ask if the term "music" should be removed from the application.

808.10(E) Redacted Screenplay for Motion Pictures in Production

The Office will consider requests for special relief where the applicant wishes to submit a redacted version of a screenplay pending the publication of the motion picture. For information concerning this procedure, see Section 804.8(C).

808.10(F) Claims in Script with No Spoken Parts in the Motion Picture

When an applicant includes a claim in "script" or "screenplay," the registration specialist will assume that the work includes spoken parts, because this is the essence of most scripts. Occasionally, the Office receives scripts or screenplays that tell a story and include action, but do not contain any spoken parts. In this situation, the specialist may add an annotation to the record, such as: "Regarding authorship: Deposit contains no dialog" or "Regarding authorship: Deposit contains no spoken parts." If the authorship is described solely as "script" or "screenplay" or if this is the sole contribution for one of the authors, the specialist will communicate with the applicant to determine if the author(s) contributed copyrightable authorship to the work.

Example:

• The applicant asserts a claim to copyright in "motion picture including screenplay." The motion picture does not contain any words, although a story is clearly presented. The registration specialist will register the claim with an annotation, such as: "Regarding authorship: Deposit contains no dialog [or spoken parts]."

NOTE: If the work is a music video that contains no additional dialog and does not present a clear story apart from the music and lyrics, the specialist will communicate with the applicant to determine whether the claim in "script" or "screenplay" should be removed and whether the claim should include the song lyrics.

808.10(G) Underlying Works Contained in Motion Picture Soundtracks

The soundtrack is an integral part of the motion picture and generally should be registered with the motion picture as a single, unified work. See Motion Picture Soundtracks, 40 Fed. Reg. 12,500, 12,501 (Mar. 19. 1975). However, a soundtrack may contain an underlying work, such as a musical composition or a script (inasmuch as the script is revealed in the spoken dialog) that is owned apart from the motion picture. These topics are discussed in Sections 808.10(G)(1) through 808.10(G)(3).

808.10(G)(1) Scripts Contained in a Motion Picture Soundtrack

A script is incorporated into the soundtrack of a motion picture. A motion picture may be made using a script written as a work made for hire or using a preexisting script that is separately owned from the motion picture. If the copyrights in the script and the

Chapter 800 : 117

12/22/2014 Chapter _00 : 117