Error updating view in mail invalid or nonexistent document
The sequence of receipt in the Copyright Office of separate claims by two or more applicants plays no part in determining registrability. Where a work contains a substantial amount of previously registered, published, or public domain material, the application should contain a statement of the preexisting material as well as the new copyrightable material.Where the Copyright Office is aware that two or more persons or organizations are adversely claiming copyright in, and are seeking separate registrations for, the same material, the Office may inform each applicant of the existence of the other claim(s) and inquire concerning the basis of each claim. Examples of nondramatic literary derivative works are as follows: A translation is a ren dering of a work from one language to another, as, for example, a work trans lated from Russian into French, or from German into English.Examination is made to determine (1) whether or not the work for which registration is sought constitutes copyrightable subject matter and (2) whether or not the other legal and formal requirements have been met, including those set forth in the Copyright Office Regulations and in the Compendium of Copyright Office Practices.The Copyright Office registers claims to copyright whenever the requirements of the law appear to be met. The Copyright Office does not generally make comparisons of copyright deposits to determine whether or not particular material has already been registered.Also, where a work , contains material which is unpublished and unregistered, and where the claim does not extend to such material, the application should reflect this limitation in the scope of the registration.Moreover, the coverage of a registration cannot, subject to certain exceptions, extend beyond the material deposited to make that registration.
The copyright law provides that all administrative functions and duties which it imposes are, except as otherwise specified, the responsibility of the Register of Copyrights as director of the Copyright Office of the Library of Congress and that the Register, together with subordinate officers and employees of the Office, shall be appointed by the Librarian of Congress and shall act under the Librarian's general direction and supervision. .material deposited does not constitute copyrightable subject matter or that the claim is invalid for any other reason, the Register shall refuse registration and shall notify the applicant in writing of the reasons for such refusal." Section 205(a) states that any "transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Copyright Office." These provisions, together with other pertinent sections of the law, constitute the statutory basis for the examining and related practices of the Copyright Office.
The Office may send the letter and withhold the application until specifically authorized by the applicant to make registration, or it may make registration before sending the letter. Edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents, are not copyrightable for reasons of public policy. An abridgment is commonly defined as a shortened or condensed version retaining the general sense and unity of the original work. Where the compilation lacks a certain minimum amount of original authorship, registration will be refused.
The Copyright Office will not register a claim where (1) the material deposited does not constitute copyrightable subject matter or (2) the claim is invalid for any other reason. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments. An abridg ment of a nondramatic literary work may be registrable, but more selectivity is required than merely omitting a section from the beginning or end. Any compilation consisting of less than four selections is considered to lack the requisite original authorship. For a collective work, the application should generally contain the title of the collec- tive work, and the volume, number, and issue date, if any, in the appropriate space on the application form.
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A scanned copy of Compendium II, provided by the Copyright Office, is available as a 7MB PDF file.
In connection with its examining and related activities, the Copyright Office does not ordinarily make findings of fact with respect to publication or any other thing done outside the Copyright Office.