Chapter 300
__________________________
COPYRIGHTABLE MATTER:
NONDRAMATIC LITERARY WORKS
Outline of Topics
301 Applicability of this chapter.
302 Definition: literary works.
303 Definition: nondramatic literary works.
304 Copyrightable literary expression.
305 Noncopyrightable material.
305.01 Names, titles, slogans, and other short
phrases.
305.02 Ideas, methods, or systems.
305.03 Measuring and computing devices.
305.04 Works consisting entirely of information
that is common property.
305.05 Blank forms.
305.06 Format or layout.
305.07 Book design.
305.08 Limits on copyrightability.
305.09 Use of protected characters, names, slogans,
symbols, and seals.
306 Derivative works.
306.01 Extent of claim.
306.02 Types of nondramatic literary derivative
works.
307 Compilations.
307.01 Registrability.
307.02 Telephone books, directories, price lists,
and the like.
307.03 Coordination and arrangement.
- 1 -
[1984]
Chapter 300
COPYRIGHTABLE MATTER:
NONDRAMATIC LITERARY WORKS - 2 -
308 Collective works.
308.01 In general.
308.02 Collective works made for hire.
308.03 Registration of collective works.
308.04 Periodicals other than daily newspapers.
308.05 Daily newspapers: various editions.
309 Certain periodicals not collective works.
310 Contributions to collective works.
310.01 All rights to an independent contribution owned by claimant of collective work.
311 Unit registration for contributions to periodicals.
312 Book jackets.
[Number 313 is reserved].
314 Tests and answer material for tests.
315 Secure tests.
316 Copyright ownership as distinct from ownership of material object.
316.01 Letters and diaries.
317 Interviews.
318 Facts, historical data, and "news."
318.01 Research.
319 Author deceased before date of creation of work.
[1984]
Chapter 300
COPYRIGHTABLE MATTER:
NONDRAMATIC LITERARY WORKS - 3 –
320 Machine-readable works.
320.01 Literary works embodied in machine-readable
form.
321 Computer programs.
321.01 Source code.
321.02 Object code.
321.03 Relationship between source code and object
code.
322 Copyrightable subject matter.
323 Derivative computer programs.
323.01 Registrability of a derivative computer
program.
324 Deposit for registration: identifying material.
324.01 Title on identifying material.
324.02 Notice on identifying material.
324.03 Source code as best deposit.
324.04 Rule of doubt.
324.05 Special relief.
324.06 Specific deposit examples.
325 Completing the application form.
325.01 Asserting a claim in a derivative computer
program.
325.02 Nature of authorship and extent of claim.
326 Glossary of terms.
327 Instructional booklets, flowcharts, and the
like.
328 Automated data bases.
[1984]
Chapter 300
COPYRIGHTABLE MATTER:
NONDRAMATIC LITERARY WORKS
301 Applicability of this chapter. This chapter
concerns itself solely with nondramatic literary
works.
302 Definition: literary works. Literary works are
defined as works, other than audiovisual works,
expressed in words, numbers, or other verbal or
numerical symbols or indicia, regardless of the
nature of the material objects, such as books,
periodicals, manuscripts, phonorecords, film,
tapes, disks, or cards, in which they are embod-
ied. 17 U.S.C. 101.
303 Definition: nondramatic literary works. A
nondramatic literary work is one that explains,
describes, or narrates a particular idea, theme,
or subject: it does not usually employ dialog or
action to represent or give directions for rep-
resenting all or a substantial portion of a
story as actually occurring.
304 Copyrightable literary expression. To be regis-
trable, a nondramatic literary work must contain
at least a certain minimum amount of literary
expression owing its origin to the author. See
Chapter 200: COPYRIGHTABLE MATTER -IN GENERAL.
305 Noncopyrightable material. The following are
not copyrightable and therefore cannot serve as
a basis for registration.
305.01 Names, titles, slogans, and other short
phrases. Names, titles, slogans, and other
short phrases or expressions are not copy-
rightable, even if such expressions are
novel, distinctive, or lend themselves to a
play on words. Similarly, a mere listing of
ingredients or contents is not copyright-
able. See 37 C.F.R. 202.1(a).
300-1
[1984]
300-2
305 Noncopyrightable material. (cont'd)
305.02 Ideas, methods, or systems. Ideas, methods,
systems, or the like are not copyrightable,
regardless of the form in which they may be
described, explained, or embodied in a work.
In no case does copyright protection for an
original work of authorship extend to any
idea, procedure, process, system, method of
operation, concept, principle, or discovery,
regardless of the form in which it is de-
scribed, explained, illustrated, or embodied
in such work. See 17 D.S.C. 102(b).
305.03 Measuring and computing devices. Devices
and similar articles designed for computing
and measuring are not copyrightable. Common
examples of such devices are slide rules,
wheel dials, and nomograms that contain
insufficient original literary or pictorial
expression.
305.04 Works consisting entirely of information
that is common property. Examples of these
kinds of works include standard calendars,
height and weight charts, tape measures and
rulers, schedules of sporting events, and
lists or tables taken from public documents
or other common sources. However, such a
work may contain sufficient copyrightable
material, such as instructional text, to
warrant a registration, but such a registra-
tion would not extend protection to the
uncopyrightable material. See 37 C.F.R.
202.1(d).
305.05 Blank forms. Blank forms, such as time
cards, graph paper, account books, diaries,
bank checks, scorecards, address books,
report forms, order forms, and the like,
which are designed for recording infor-
mation, and do not in themselves convey infor-
mation, are not copyrightable. See 37
C.F.R. 202.1(c). However, the Copyright
[1984]
300-3
305 Noncopyrightable material. (cont'd)
305.05 Blank forms. (cont'd)
Office will register a work containing a
certain minimum amount of original, creative
expression, regardless of whether the work
contains uncopyrightable elements designed
for simple recordation of information.
Thus, textual works, such as contracts,
insurance policies, and the like, and bank
checks containing pictorial authorship, may
be registrable if they contain a sufficient
amount of original literary or artistic
expression.
305.06 Format or layout. Copyright does not pro-
tect either the general format or layout, or
the idea expressed by either of these.
305.07 Book design. Book designs may include
choice of style and size of typeface, lead-
ing (space between lines of type), placement
of folio (page numbers), arrangement of type
on pages, and placement, spacing, and juxta-
position of text and illustrative matter --
in short, all the physical and visual at-
tributes of a book. After having issued a
notice of proposed rulemaking and having
held a hearing, the Copyright Office decided
not to change its long-standing practice of
not registering claims to copyright in book
design. The Office concluded that "the
arrangement, spacing, or juxtaposition of
text matter which is involved in book design
falls within the realm of uncopyrightable
ideas or concepts." See 46 Fed. Reg. 30651
(1981).
305.08 Limits on copyrightability. Certain catego-
ries of nondramatic literary works are not
copyrightable, even though they may contain
a substantial amount of textual material.
They include the following:
[1984]
300-4
305 Noncopyrightable material. (cont’d)
305.08 Limits on copyrightability. (cont’d)
305.08(a) Works in the public domain. Works in
the public domain in the United States
cannot be the subject of U.S. copyright
protection. See section 203 of Chapter
200: COPYRIGHTABLE MATTER -IN GENERAL.
305.08(b) Nondramatic literary works unlawfully
employing other works under copyright
protection. Nondramatic literary works
that unlawfully employ another work
under copyright protection are not them-
selves subject to copyright protection
if they are inseparably intertwined with
the preexisting work. See 17 U.S.C.
103(a) and H.R. Rep. 94-1476, 94th
Cong., 2d Sess. 57-8 (1976). For exam-
ple, an unlawful English-language trans-
lation that cannot be separated from the
original French-language version would
not be registrable. However, the Copy-
right Office does not generally investi-
gate the copyright status of preexisting
material or whether it has been used
lawfully. Where a work unlawfully em-
ploys preexisting copyrighted material
that is separate from the new material,
the new work is registrable.
305.08(c) Works of the U.S. Government. Works of
the U.S. Government are works prepared
by an officer or employee of the U.S.
Government as part of that person IS
official duties. Ordinarily, such works
are in the public domain in the United
States. See section 206 of Chapter 200:
COPYRIGHTABLE MATTER --IN GENERAL.
[1984]
300-5
305 Noncopyrightable material. (cont'd)
305.08 Limits on copyrightability. (cont'd)
305.08(c) Works of the U.S. Government. (cont'd)
305.08(c)(1) Standard Reference Data Act. An
exception exists under the Standard
Reference Data Act (15 U.S.C. 290e)
for any standard reference data that
the Secretary of Commerce prepares
or makes available under the Act.
Claims registered under this Act
should be annotated to read as
follows: "Claim registered under
the Standard Reference Data Act,
P.L. 90-396 (15 U.S.C. 290e)."
305.08(c)(2) Transfer of copyright to the U.S.
Government. The fact that copyright
protection is not possible for works
authored by officers or employees of
the U.S. Government, except as
stated in section 305.08(c) above,
does not prevent the U.S. Government
from receiving and holding copy-
rights transferred to it. See 17
U.S.C. 105.
305.08(d) Edicts of government. Edicts of govern-
ment, such as judicial opinions, admin-
istrative rulings, legislative enact-
ments, public ordinances, and similar
official legal documents, are not copy-
rightable for reasons of public policy.
This applies to such works whether they
are Federal, State, or local as well as
to those of foreign governments.
305.09 Use of protected characters, names, slogans,
symbols, and seals. Occasionally, works
incorporate names, titles, slogans, symbols,
or seals whose utilization is subject to
restrictions by other laws. As these re-
strictions have nothing to do with copy-
right, the incorporation of these elements
[1984]
300-6
305 Noncopyrightable material. (cont'd)
305.09 Use of protected characters names, slogans,
symbols, and seals. (cont'd)
does not prevent registration. Where the
Copyright Office is aware that a use of
certain elements within a work may be in
violation of existing law, it may inform the
applicant of the possible restriction and
direct the applicant to the agency involved.
Some examples of restricted names and char-
acters are "Olympic," "Olympiad" (36 U.S.C.
380); "Woodsy Owl" (18 U.S.C. 711a); and
"Smokey Bear" (16 U.S.C. 711).
306 Derivative works. A derivative work is a work
based upon one or more preexisting works, such
as a translation, musical arrangement, dramati-
zation, fictionalization, motion picture ver-
sion, sound recording, art reproduction,
abridgment, condensation, or any other form in
which a work may be recast, transformed, or
adapted. A work consisting of editorial revi-
sions, annotations, elaborations, or other modi-
fications which, as a whole, represent an
original work of authorship, is a "derivative
work." 17 U.S.C. 101.
306.01 Extent of claim. The copyright in a deriva-
tive work extends only to the material con-
tributed by the author of such work, as
distinguished from the preexisting material
employed in the work, and does not imply any
exclusive right in the preexisting material.
The copyright in such work is independent
of, and does not affect or enlarge the
scope, duration, ownership, or subsistence
of, any copyright protection in the pre-
existing material. 17 U.S.C. 103(b). Where
a work contains a substantial amount of
previously registered, published, or public
domain material, the application should
contain a statement of the preexisting mate-
rial as well as the new copyrightable mate-
rial.
[1984]
300-7
306 Derivative works. (cont'd)
306.02 Types of nondramatic literary derivative
works. Examples of nondramatic literary
derivative works are as follows:
306.02(a) Translations. 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. However, trans-
literations and similar processes by
which letters or sounds from one alpha-
bet are converted to another are not
copyrightable since the conversion is
merely a mechanical act. Thus, merely
changing a work from the Cyrillic to the
Roman alphabet would not be copyright-
able.
306.02(b) Fictionalizations. A fictionalization
is a treatment of a factual work in
which the elements are recast, trans-
formed, or adapted to produce a work of
fiction. A work which is only loosely
based on the ideas or facts found in an
earlier work, is not considered to be a
derivative work.
306.02(c) Abridgments. An abridgment is commonly
defined as a shortened or condensed
version retaining the general sense and
unity of the original work. 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.
307 Compilations. A "compilation" is a work formed
by the collection and assembling of preexisting
materials or of data that are selected, coordi-
nated, or arranged in such a way that the re-
sulting work as a whole constitutes an original
work of authorship. The term “compilation”
includes collective works. 17 D.S.C. 101.
[1984]
300-8
307 Compilations. (cont'd)
307.01 Registrability. A compilation is regis-
trable if its selection, coordination, or
arrangement as a whole constitutes an origi-
nal work of authorship. The greater the
amount of material from which to select,
coordinate, or order, the more likely it is
that the compilation will be registrable.
Where the compilation lacks a certain mini-
mum amount of original authorship, registra-
tion will be refused. Any compilation
consisting of less than four selections is
considered to lack the requisite original
authorship. See also section 625 of Chapter
600: REGISTRATION PROCEDURES.
Examples:
(I) The selection and ordering of 20 of the
best short stories of 0. Henry would be
registrable as a compilation.
(2) Where all three of an author's plays
were previously published and the
present publication consists of all
three plays, no registration based on
compilation authorship is possible.
307.02 Telephone books, directories, price lists,
and the like. Telephone books, directories,
price lists, and the like may be registered
if they contain sufficient authorship in the
form of compilation or other copyrightable
material.
307.03 Coordination and arrangement. Reference to
“coordinated” or “arranged,” as used in the
definition of a "compilation" in 17 U.S.C.
101, does not refer to format, but to the
original ordering or grouping of the items.
308 Collective works. A collective work is a work,
such as a periodical issue, anthology, or ency-
clopedia, in which a number of contributions,
constituting separate and independent works in
themselves, are assembled into a collective
whole. 17 U.S.C. 101.
[1984]
300-9
308 Collective works. (cont'd)
308.01 In general. Generally, collective works
incorporate two different types of material:
first, the collective work as a whole, which
includes the elements. of compilation, revi
sion, editing, and similar authorship that
goes into putting the work into final form:
and secondly, any individual, self-contained
contributions.
308.02 Collective works made for hire. The collec-
tive work as a whole is often a work made
for hire, and in such cases, the author is
the employer or other person for whom the
work was prepared. See 17 D.S.C. 201(b).
308.03 Registration of collective works. 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.
308.04 Periodicals other than daily newspapers. The
following practices govern the registra-
bility of periodicals other than daily news-
papers:
308.04(a) Separate editions. Where an issue of a
periodical is published in two or more
separate editions containing different
copyrightable matter, separate registra-
tions may be made.
Examples:
1) English, Spanish, and French edi-
tions of a magazine.
2) Eastern, Midwestern, and West Coast
editions of a weekly news magazine,
in which some of the contents are
changed to correspond with the re-
gional interests of readers.
[1984]
300-10
308 Collective works. (cont'd)
308.04 Periodicals other than daily newspapers.
(cont'd)
308.04(b) Difference in advertising matter. Where
the only difference between the editions
is in advertising matter, separate reg-
istrations will not be made unless the
advertisements are asserted to belong to
the copyright claimant for the periodi-
cal.
308.04(c) Difference in uncopyrightable elements.
Where the only difference between the
editions is in uncopyrightable elements
such as typography, size, coloring,
paper stock, or the like, separate reg-
istrations will not be made.
308.05 Daily newspapers: various editions. A sin-
gle registration may be made for the various
editions of a daily newspaper or for a daily
.newspaper which contains different regional
supplements. If the application for regis-
tration refers to the various editions or
supplements, the deposit must include such
editions or supplements.
309 Certain periodicals not collective works. Cer-
tain periodicals are not collective works since
they consist entirely of a single contribution.
The application should, in such event, assert a
basis of claim in "text," if original, rather
than "collective work."
310 Contributions to collective works. An indi-
vidual contribution that was written indepen-
dently and not as a "work made for hire" is con-
sidered a separately copyrightable work. See 17
U.S.C. 20l(c). Where the owner of copyright in
a collective work has not obtained ownership of
all rights initially belonging to the author of
a particular contribution, such person cannot be
the "claimant" of copyright in that contribu-
tion. See 37 C.F.R. 202.3(a)(3). To register
[1984]
300-11
310 Contributions to collective works. (cont'd)
such a contribution, a separate application must
be submitted naming as claimant the author of
the contribution, or the person or organization
that has obtained ownership of all rights in the
contribution that the author originally owned.
310.01 All rights to an independent contribution
owned by claimant of collective work. Where
the copyright claimant in a collective work
is also the owner of all rights in a par-
ticular contribution, the author of that
contribution may be included as an author in
the appropriate space on the application
form. If such an individual author is iden-
tified on the application, the transfer
space should be completed showing how the
claimant obtained all rights in the contri-
bution. However, the Copyright Office does
not require that all authors of contribu-
tions covered by the copyright claim be
identified on the application.
311 Unit registration for contributions to periodi-
cals. The practices concerning unit regis-
tration for contributions to periodicals will be
dealt with in Chapter 1400: GROUP REGISTRATIONS.
312 Book jackets. Book jackets often contain sev-
eral kinds of authorship such as text, illustra-
tions, and photographs. A claim in a book
jacket may be registered if it contains a suffi-
cient amount of copyrightable authorship. Where
the copyright claimant of the authorship in the
book jacket is not the same as the claimant in
the book, a separate registration must be made
for the book jacket. Where the claim in a book
jacket is based solely on "design," that is, the
arrangement, spacing, and juxtaposition of un-
copyrightable elements, registration will be
refused. See section 305.07 above.
[Number 313 is reserved].
[1984]
300-12
314 Tests and answer material for tests. The Copy-
right Office will register claims to copyright
in tests and machine scorable answer sheets
provided the works contain a minimum level of
original textual or compilation expression. The
work may consist of a test, a test accompanied
by an answer sheet, or merely an answer sheet.
In a case where the work consists of an answer
sheet lacking textual expression, registration
can only be considered on the basis of substan-
tial compilation authorship and the application
should describe the extent of the claim as com-
pilation. All such registrations are made under
the rule of doubt. Answer sheets having insuf-
ficient elements on which to base a claim of
compilation authorship are not registrable. This
practice is in accord with the decision in
Harcourt, Brace & World, Inc. v. Graphic Con-
trols Corp., 329 F.Supp. 517, 38 C.O.Bull. 12
{S.D.N.Y. 1971).
315 Secure tests. Secure tests are nonmarketed
tests administered under supervision at speci-
fied centers on specific dates, all copies of
which are accounted for and either destroyed or
returned to restricted locked storage following
each administration. For these purposes a test
is not marketed if copies are not sold but it is
distributed and used in such a manner that own-
ership and control of copies remain with the
test sponsor or publisher. This category encom-
passes tests used in conjunction with admissions
to educational institutions, high school
equivalency, placement in or credit for under-
graduate and graduate course work, awarding of
scholarships and professional certification.
See: 37 C.F.R. 202.20(b)(4). In the case of
tests, and answer material for tests, published
separately from other literary works, the de-
posit of one complete copy will suffice in lieu
of two copies. In the case of any secure test,
the Copyright Office will return the deposit to
the applicant promptly after examination, pro-
vided that sufficient portions, description, or
the like are retained so as to constitute a
sufficient archival record of the deposit. See
37 C.F.R. 202.20(c)(2)(vi). For further infor-
mation on deposit, see Chapter 800: DEPOSIT FOR
REGISTRATION.
[1984]
300-13
316 Copyright ownership as distinct from ownership
of material object. Ownership of a copyright,
or of any of the exclusive rights under a copy-
right, is distinct from ownership of any mate-
rial object in which the work is embodied.
Transfer of ownership of the material object
does not of itself convey any rights in the
copyrighted work, nor, in the absence of an
agreement, does the transfer of ownership of a
copyright convey property rights in any material
object. See 17 U.S.C. 202.
316.01 Letters and diaries. In the case of let-
ters, the author of the letter and not the
recipient or possessor has the right to
claim copyright. Similarly, the mere pos-
session of a diary does not entitle the
possessor to claim copyright, regardless of
whether the material object was purchased or
found. Letters and diaries are often pub-
lished with additional new material such as
a foreword or explanatory notes: registra-
tion may be made for this new material,
provided that it represents at least a cer-
tain minimum amount of copyrightable author-
ship. However, applications for works con-
sisting of letters or diaries should contain
information regarding the author of these
works only where the claimant named on the
application is authorized to claim copyright
in this material. Where the author of the
letter or diary is named on the application
and is not also the claimant, the applica-
tion must state how the rights in the letter
or diary were transferred to the claimant.
317 Interviews. A work consisting of an interview
often contains copyrightable authorship by the
person interviewed and the interviewer. Each
has the right to claim copyright in his or her
own expression in the absence of a valid agree-
ment to the contrary. Where an application for
such a work names only the interviewee or the
interviewer as author and claimant, and where
[1984]
300-14
317 Interviews. (cont'd)
the nature of authorship is described as "entire
text," it is unclear whether the claim actually
extends to the entire work, or only to the text
by the interviewee or the interviewer. In any
case where the extent of the claim is not clear,
the Copyright Office must communicate with the
applicant for clarification.
318 Facts, historical data, and "news." Works are
often submitted for registration which contain
"news" or other factual data, or which recount
historical events. A distinction should be made
between the original expression which the author
uses and the noncopyrightable data, news, or
facts which are set forth in the work. If it
appears that the applicant is seeking to extend
the claim to such uncopyrightable material, the
Copyright Office will generally communicate with
the applicant for clarification.
318.01 Research. The function or activity which
constitutes "research" is not copyrightable.
However, the expression embodied in the
product or result of research may be
copyrightable if it contains at least a
certain minimum amount of original author-
ship.
319 Author deceased before date of creation of work.
Where the application names as author an indi-
vidual who was deceased on the date of creation
of the work, and who is alleged to have dic-
tated his or her writings "from the beyond," the
Copyright Office will generally write to explain
the requirements of the law regarding authorship
and ownership. Ordinarily, works of this kind
will contain additional material, such as an
introduction, and registration may be made for
this material, provided there is sufficient
copyrightable authorship. Where the only author
named was deceased on the date of creation and
that person is named as claimant, the Office
[1984]
300-15
319 Author deceased before date of creation of work.
(cont'd)
will refuse to register the claim, since a de-
ceased person cannot be a copyright claimant.
Where the deceased person is named as the only
author and another person or an organization is
named as claimant, the Office will also refuse
registration, since any "transfer" from the
deceased author to the claimant could not ful-
fill the requirement of the copyright law that
transfers of copyright ownership be in writing
and signed by the transferor.
320 Machine-readable works. A machine-readable work
is either an unpublished work which is fixed, or
a published work which is published only in the
form of machine-readable copies from which the
work cannot ordinarily be perceived except with
the aid of a machine or device. Works published
in a form requiring the use of a machine or
device for purposes of optical enlargement (such
as film, filmstrips, slide films, and works pub-
lish7d in any variety of microform), and works
published in visually perceptible form but used
in connection with optical scanning devices, are
not within this category. Examples of nondra-
matic literary works which are machine-readable
are computer programs and data bases. Such
works may be embodied in the form of magnetic
tapes or disks, computer chips, punched cards,
or the like. See 37 C.F.R. 202.20(c)(2)(vii).
320.01 Literary works embodied in machine-readable
form. Nondramatic literary works embodied
in machine-readable form include computer
programs and data bases, as well as other
textual works, such as, instructional
manuals, educational coursework, and the
like.
321 Computer programs. A "computer program" is a
set of statements or instructions to be used
directly or indirectly in a computer in order to
bring about a certain result. 17 U.S.C. 101.
[1984]
300-16
321 Computer programs. (cont’d)
Because computer programs do not generally con-
tain textual information, the claim to copyright
in a computer program is generally made on the
basis of authorship expressed in "numerical
symbols or indicia" contained in the program.
Computer programs are ordinarily considered
"literary works" and can be considered for reg-
istration on Form TX.
Examples:
I) A program that calculates the orbit of a
rocket.
2) A program that computes wages and salaries
for a payroll.
3) A self-teaching mathematics program for
elementary students.
321.01 Source code. Source code is the computer
program code as the programmer writes it,
using a particular programming language,
generally a program written in high-level
language, such as, BASIC, COBOL, or FORTRAN.
A program in source code must be changed
into object code before the computer can
execute it. This change is accomplished by
a separate program within the computer
called an assembler or a compiler to enable
the program to be run on a particular brand
and model computer (e.g., a compiler on a
TRS-80 Model III would enable source code to
be executed on that particular brand and
model computer).
321.02 Object code. Object code is the representa-
tion of the program in machine language
(e.g., binary coding using zeros and ones or
hexadecimal coding using letters and numbers
or octal coding using 0 to 7) which the
computer executes.
[1984]
300-17
321 Computer programs. (cont'd)
321.03 Relationship between source code and object
code. The Copyright Office considers source
code and object code as two representations
of the same computer program. For registra-
tion purposes, the claim is in the computer
program rather than in any particular repre-
sentation of the program. Thus separate
registrations are not appropriate for the
source code and object code representations
of the same computer program. However,
where a work in source code is registered in
unpublished form, and the published version
of the same work is submitted for registra-
tion in object code form, registration will
be made.
322 Copyrightable subject matter. To be registra-
ble, a computer program must contain at least a
certain minimum amount of original authorship in
the form of statements or instructions.
323 Derivative computer programs. A derivative
computer program is one that is based on or
incorporates material from a previously pub-
lished or registered or public domain program
that has been revised, augmented, abridged, or
otherwise modified so that the modifications, as
a whole, represent an original work of author-
ship. See also section 306 above.
323.01 Registrability of a derivative computer
program. Registration for a derivative
computer program covers only the additions,
changes, or other new material appearing in
the program for the first time. Therefore,
the new material itself must be original and
represent copyrightable authorship. Where
only a few minor revisions or additions have
been made, or where those that were made are
of a rote nature predetermined by the
functional considerations of the hardware,
registration for the new material is not
possible.
[1984]
300-18
323 Derivative computer programs. (cont'd)
323.01 Registrability of a derivative computer
program. (cont’d)
Examples:
I) A derivative program would be registra-
ble where a substantial new program code
has been added to a previously published
program to enable it to accomplish addi-
tional functions.
2) A student-programmer translates a previ-
ously published program from COBOL to
FORTRAN [both are source-code program-
ming languages]. The resulting transla-
tion would represent a copyrightable
derivative work.
3) A previously published program is
adapted to run on a different model or
brand of computer. The Office Will
question the nature and extent of the
adaptation to determine registrability.
If the changes were functionally prede-
termined, registration will be refused.
4) An applicant files two applications for
the same program: one specifically for
the source code and the other for the
object code. Since the object code
version does not contain copyrightable
differences, there is no basis for a
separate registration for the object
code. The Office will communicate with
the applicant suggesting a single
registration for the computer program.
324 Deposit for registration: identifying material.
Where a computer program is fixed or published
only in the form of machine-readable copies, the
deposit for registration purposes shall consist
of one copy of identifying portions of the pro-
gram, reproduced in a form visually perceptible
without the aid of a machine or device, either
on paper or in microform. For these purposes,
[1984]
300-19
324 Deposit for registration: identifying material.
(cont’d)
"identifying portions" shall mean either the
first and last 25 pages or equivalent units of
the program if reproduced on paper, or at least
the first and last 25 pages or equivalent units
of the program if reproduced in microform, to-
gether with the page or equivalent unit contain-
ing the copyright notice, if any. See 37
C.F.R. 202.20(c)(2)(vii) .If the computer pro-
gram is less than 50 pages in length, the entire
program should be deposited. For registration
of a derivative computer program, identifying
portions of the new material should be included
in the deposit.
NOTE: Works fixed or published in both
machine-readable and visually-perceptible form
are not considered machine-readable works for
purposes of deposit for registration. The
appropriate deposit requirements for the
visually-perceptible form apply. See section
806.12 of Chapter 800: DEPOSIT FOR REGISTRA-
TION.
324.01 Title on identifying material. The identi-
fying material deposited should bear a title
clearly identifying the work for which reg-
istration is sought. Where the title is
given on the application but not on the
identifying material (for a published or
unpublished work), the Copyright Office will
add the title to the identifying material if
it is clear that the identifying material
represents the work specified on the appli-
cation.
324.02 Notice on identifying material. The identi-
fying material should include the page or
equivalent unit containing the copyright
notice if copies of the computer program
were published with notice. Where the copy-
right notice is encoded within the object
[1984]
300-20
324 Deposit for registration: identifying material.
324.02 Notice on identifying material. (cont'd)
code so that its presence and content are
not readily discernible, the notice should
be underlined or highlighted and its con-
tents decoded.
324.03 Source code as best deposit. The Copyright
Office considers the source code to be the
best representation of the copyrightable
authorship in a computer program. Thus the
identifying material deposited for a com-
puter program should be in source code.
324.04 Rule of doubt. Where the applicant is
unable or unwilling to deposit identifying
material in source code, depositing only
object code instead, registration for the
computer program will be made under the rule
of doubt if the applicant confirms in writ-
ing that the work as deposited contains
copyrightable material. See also section
108.07 of Chapter l00: BASIC POLICIES.
NOTE: Because object code is basically
unintelligible to copyright examiners, it is
not possible to examine the deposit to de-
termine the presence of copyrightable au-
thorship. The doubt in this instance does
not concern the copyrightability of computer
programs in general.
324.05 Special relief. Special relief is a proce-
dure which allows the Register of Copyrights
to grant the requester the option of
depositing less than or other than that
which is required under the general deposit
provisions. Special relief is an option
available to computer program applicants
when they are unable or unwilling to deposit
the usual identifying material in source
code format. See section 808 of Chapter
800: DEPOSIT FOR REGISTRATION: see also 37
C.F.R. 202.20(d).
[1984]
300-21
324 Deposit for registration: identifying material.
(cont'd)
324.05 Special relief. (cont'd)
324.05(a) Trade secrets and special relief. When
a computer program contains trade se-
crets or other confidential material
that the applicant is unwilling to dis-
close by depositing the first and last
25 pages in source code, the Copyright
Office is willing to consider special
relief requests enabling the applicant
to deposit less than or other than the
usual 50 pages of source code. Special
relief requests for the following three
deposit options are presently being
granted upon receipt of the applicant’s
written request for special relief:
1) First and last 25 pages of source
code with some portions blocked out,
provided that the blocked-out
portions are proportionately less
than the material still remaining.
2) At least the first and last ten
pages of source code alone (with no
blocked-out portions).
3) First and last 25 pages of object
code plus any ten or more consecu-
tive pages of source code (with no
blocked-out portions).
324.06 Specific deposit examples. The following
examples concern various deposit situations.
1) Source code and object code with one
application. Where the first and last
25 pages each of source code and object
code (total of 100 pages) are deposited
with one application on Form TX for a
single computer program, the registra-
tion is made using the combined source
code and object code identifying mate-
rial.
[1984]
300-22
324 .for registration: identifying material.
324.06 Specific deposit examples. (cont'd)
2) Object code only. When the identifying
material is deposited only in object
code, the Copyright Office will corre-
spond with the applicant requesting
either the deposit of source code or, as
a prerequisite to registration under the
rule of doubt, the applicant's written
confirmation that the computer program
represented by the object code deposit
contains copyrightable authorship.
3) Object code plus other clearly copy-
rightable material. If the deposit
consists of identifying material in
object code for a computer program plus
other clearly copyrightable material
(such as a user's manual) and the single
claim is in the entire work, there is
still doubt as to the presence of copy-
rightable authorship in the computer
program even though the claim includes
clearly copyrightable text in the man-
ual. The Copyright Office will communi-
cate with the applicant about the de-
posit of object code and request either
the deposit of source code or, as a
prerequisite to the computer program
portion of the claim being registered
under the rule of doubt, the applicant's
written assurance that the computer
program as deposited represents copy-
rightable authorship.
4) Incomplete deposit of identifying mate-
rial. If the identifying material is
less than 50 pages in length, the Copy-
right Office will consider that the
deposit constitutes the entire program
for which registration is sought. How-
ever, if there is information to the
contrary (such as missing page numbers
or obvious wide gaps in line numbers),
the Office will inquire as to the com-
pleteness of the deposit.
[1984]
300-23
324 Deposit for registration: identifying material.
324.06 Specific deposit examples. (cont'd)
5) Single application for computer program
and manual published as a unit. When
the deposit consists of one copy of
identifying material plus one copy of
the published manual, the Copyright
Office will not require deposit of a
second copy of the published manual.
6) Separate applications for computer pro-
gram and manual published as a unit. If
the deposit for these two claims con-
sists of one copy of identifying mate-
rial for the computer program and one
copy of the published manual, the Copy-
right Office will request a second copy
of the published manual.
325 Completing the application form. An application
for registration of a computer program should be
completed with regard to the copyrightable au-
thorship in the computer program. For example,
an application describing the authorship or
extent of claim as "object code" will be ques-
tioned.
325.01 Asserting a claim in a derivative computer
program. Ordinarily, the application for a
derivative computer program should limit the
claim to the copyrightable new material,
excluding the preexisting material that was
previously registered or published or that
is in the public domain. To limit the claim
appropriately in such cases, the "material
added" statement on the application should
be completed.
[1984]
300-24
325 Completing the application form. (cont'd)
325.01 Asserting a claim in a derivative computer
program. (cont'd)
325.01(a) When a "material added" statement is not
required. When the preexisting material
has never been registered or published
or when the amount of preexisting mate-
rial is not substantial, the "material
added" statement on the application need
not be completed.
Examples:
1) A computer program entitled "X-103
Program, Version 3" incorporating
material from two earlier develop-
mental versions that remained un-
registered and unpublished would not
be considered a derivative computer
program for registration purposes.
No "material added" statement would
be required.
2) The application for a derivative
program containing a total of 5,000
lines of program text, 50 of which
were published previously, would not
be required to give a "material
added" statement. However, if such
a statement were given, the Office
would not ask to have it deleted.
325.01(b) When a "material added" statement is
required. The Copyright Office will
require a "material added" statement on
an application for a derivative computer
program only when the previously pub-
lished or registered or public domain
material contained in the new version of
the program is substantial or, in rela-
tion to the work as a whole, represents
a significant portion of the work.
[1984]
300-25
325 Completing the application form. (cont'd)
325.02 Nature of authorship and extent of claim.
In an application for an entirely new com-
puter program, the "nature of authorship"
space is intended not only to describe the
authorship but is also intended to delineate
the extent of the claim. In an application
for a derivative computer program, the
"material added" statement generally
delineates the extent of the claim. NOTE:
For specific definitions of the terms listed
below, see the Glossary of Terms in section
326 below. The following lists are illus-
trative and not exhaustive.
325.02(a) Copyrightable elements. The following
descriptions of authorship or of mate-
rial added will ordinarily not be ques-
tioned:
- computer program
- entire computer code
- entire program
- entire program code
- entire text
- entire work
- module, new modules, revised modules
- program
- program instructions
- program listing
- program text, programming text
- revised program
- routine, new routines, revised rou-
tines
- software, computer software
- subroutine, new subroutines, revised
subroutines
- text
- text of computer game
- text of. ..(except "text of object
code" or "text of algorithm")
- text of program
- translation from (one programming
language) to (another programming
language)
- wrote program
[1984]
300-26
325 Completing the application form. (cont'd)
325.02 Nature of authorship and extent of claim.
(cont’d)
325.02(b) Unclear elements. The following terms
as commonly used with reference to com-
puter software mayor may not represent
copyrightable authorship. Therefore,
the Copyright Office will generally
question an application describing the
claim or the authorship in these terms:
- adaptation or translation (where
program appears to have been adapted
merely to run on different hardware)
- compilation
- debugging
- enhancements
- error corrections
- features
- patching
- translation (listed alone)
.325.02(c) Noncopyrightable elements. Where the
Copyright-Office has determined that the
claim is based only on the following,
registration will be refused:
- algorithm (or text of algorithm)
- analysis
- cassette
- chip
- disk
- encrypting
- EPROM
- firmware
- formatting
- functions
- language (alone)
- logic
- mnemonics
- printout
- PROM
- ROM
- software methodology
- system
- system design(er)
[1984]
300-27
326 Glossary of terms. The following is a list of
terms commonly used with reference to computer
programs.
ALGORITHM -- A prescribed set of well
defined rules or proc-
esses for the solution
of a problem.
ASSEMBLER -- A computer program that
changes assembly lan-
guage into the language
that the computer oper-
ates on directly --the
"object code."
ASSEMBLY LANGUAGE -- A language --verbs,
nouns, syntax, etc.
--used by programmers to
write computer programs.
It is relatively "low
level" in that the pro-
grammer must keep many
machine details in mind.
The source language for
an assembler.
BASIC -- A rather simple program-
ming language that is
widely used with the new
micro-computers.
BUG -- A mistake or malfunc-
tion.
CARTRIDGE -- A very ambiguous term
meaning some form of
removable magnetic data
storage medium, used
along with a fixed
(non-removable) medium.
It may use magnetic tape
or magnetic disk as the
medium.
[1984]
300-28
326 Glossary of terms. (cont’d)
CASSETTE -- A small, self-contained
volume of magnetic tape
used for data storage.
Similar to a sound-
recording cassette.
CHIP -- In micro circuitry, a
single device, either a
transistor or a diode,
that has been cut from a
larger wafer of sili-
con.
COBOL -- (Common Business Oriented
Language) -- A high-level language
developed in the early
19601s and used primarily
for business applications.
CODE -- Can be used as verb or
noun. As a noun, it can
..c apply to (I) the data,
meaning the series of
bits used to represent
the characters, or (2)
the programs, meaning
the computer instruc-
tions as written in the
programming language.
As a verb, it means
creating the coded data
or programs.
CODING -- The act of actually
writing program state-
ments.
COMPILE -- To prepare a machine
language program from a
computer program written
in another programming
language by making use
[1984]
300-33
326 Glossary of terms. (cont'd)
PATCH, PATCHING -- Segments of program code
(individual statements
or routines) added to
the body of a completed
computer program to
enhance or amend the
program.
PRINTOUT -- A visually perceptible
printed copy. Is used
variously to mean a
listing of the computer
instructions that form a
program or the product
resulting from the op-
eration of the computer
program.
PROM (Programmable Read-Only Memory) --
A programmable ROM.
RAM (Random-Access Memory) --
Computer storage device
in which words may be
"written" (stored) or
"read" (recovered) in
any order at random.
Conventional internal
memory.
ROM (Read-Only Memory) --
A computer device con-
taining a program or data
permanently stored when
the unit was made. In
theory, it can apply to
either internal memory
or large-volume, exter-
nal data storage. To-
day, it is applied to
the former. programs
stored in ROM cannot be
changed easily and they
[1984]
300-29
326 Glossary of terms. (cont'd)
COMPILE (cont'd) -- of the overall logic structure of the program, or generating more than one machine instruction for each symbolic statement, or both, as well as performing the function of an assembler.
COMPILER -- A computer program that is used to change a high-level programming language into machine language. It is similar to an assembler.
COMPUTER -- A data processor that can perform substantial computation, including numerous arithmetic or logic operations, without intervention by a human operator during the run.
DEBUGGING -- The process of detecting and removing the errors in a computer program or a set of programs. Typically, errors are detected by trying to run a program with a series of transactions designed to test the main portions of the program, and observing the correctness of results.
[1984]
300-30
326 Glossary of terms. (cont'd)
DISK -- The popular form of bulk
data storage with rapid
access capabilities.
Data is recorded in
tracks on a magnetic
medium on the disk
surface. The two main
forms are "floppy disks"
and "hard disks."
DUMP -- The term applied to the
process of making a copy
of some or all data
stored in a storage
device, usually for
backup purposes.
ENCRYPTION -- The process of system-
atically turning mes-
sages (information) into
gibberish, as a security
measure. The inverse
process of decryption is
needed for recovering
the original messages.
ENHANCEMENTS -- Changes or refinements
made to an existing
computer program.
EPROM (Erasable Programmable Read- Only Memory)
-- A type of computer memory
device for storing data
within a computer: can
be erased and repro-
grammed.
FEATURES -- Particular capabilities
or functions of a given
computer program.
[1984]
300-31
326 Glossary of terms. (cont’d)
FIRMWARE -- This term is applied to
computer programs that
are stored in a type of
memory (a ROM) that can
in general only be read,
not erased or changed
easily. Firmware is
used both for protection
and for higher speed.
FLOPPY DISK -- A thin plastic disk,
usually 5-1/4 inches or
8 inches in diameter,
enclosed in a square,
protective envelope,
with a magnetic surface
for storing information:
a diskette.
FORTRAN -- The FORmula TRANslation
programming language,
~ originally developed in
the late 19501s for
engineering and scien-
tific programming. It
is still the most widely
used language for these
types of programs.
HARDWARE -- The term applied to the
computer equipment --
the processor unit, the
storage devices, input
devices, printers, etc.
Hardware is differenti-
ated from "software" and
"firmware."
INTERPRETER -- A computer program in
the same general class
as "assembler" and
"compiler." All three
[1984]
300-32
326 Glossary of terms. (cont'd)
INTERPRETER (cont'd) -- translate or change a
programmer's source code
into the object code
that the computer uses.
LANGUAGE -- In the computer field,
the term generally means
a programming language
used by a programmer for
writing a computer pro-
gram. This program
usually must be trans-
lated or changed (assem-
bled, compiled, inter-
preted) into object code
before the computer can
execute the program.
MACHINE LANGUAGE (MACHINE CODE OR OBJECT CODE) --
The instructions the
machine actually
executes.
MNEMONIC CODE -- Symbols used in program-
ming to assist the human
memory, e.g., an abbre-
viation such as "MPY"
for "multiply."
MODULE -- A series or group of
related instructions
within a computer pro-
gram, analogous to a
chapter of a book.
OBJECT CODE -- This is the program in
actual machine language
which the computer exe-
cutes. It has been
changed from the pro-
gramming language used
by the programmer by
means of an "assembler,"
"compiler," or "inter-
preter."
[1984]
300-34
326 Glossary of terms. (cont'd)
ROM (cont'd) -- execute faster; see also
above entry under FIRM-
WARE.
ROUTINE OR PROGRAMMED ROUTINE --
A series or group of
instructions usually
contained within a main
program; analogous to
a paragraph within a
textual work.
SOFTWARE -- A set of computer pro-
grams, procedures, and
possibly associated
documentation concerned
with the operation of a
data processing system,
e.g., compilers, library
routines, manuals, cir-
cuit diagrams. Con-
trasts with hardware.
SOURCE CODE -- This is the computer
program code as the
programmer originally
writes it, in the pro-
gramming language being
used. It must be
changed into object code
before the computer can
execute it, unless the
program was originally
written in object code.
SUBROUTINE -- A routine that can be
part of another routine;
analogous to a sentence
within a paragraph of
narrative text.
TAPE, MAGNETIC -- Large volume data storage
medium for computers.
[1984]
300-35
327 Instructional booklets, flowcharts, and the
like. Registration of claims to copyright may
be made for instructional booklets, flowcharts,
and other material related to the development or
explanation of the computer program. Because
the authorship in such material is generally
visually perceptible rather than machine-read-
able, identifying materials may not be submitted
in lieu of an actual copy or copies.
328 Automated data bases. An automated data base is
a body of facts, data, or other information
assembled into an organized format, suitable for
use in a computer and comprising one or more
files. Where all the data in an automated data
base has been previously published or regis-
tered, or is in the public domain, the claim
would be limited to the authorship involved in
the compilation. Where the data is substan-
tially or wholly new, the claim could include
additional text, compilation and revised text,
updates, or the like.
[END OF CHAPTER 300]
[1984]