Copyright Registration for Derivative Works · 3
who actually created the work. Where the work or any con-
tribution to it is a work made for hire, the employer is con-
sidered the author. Do not name the author of previously
published or registered work(s) or public-domain material
incorporated into the derivative work unless that person is
also the author of the new material. The application should
name only the author(s) of the new material in which copy-
right is claimed.
Author Created ·
Specify what the author(s) created. Exam-
ples include “text,” “translation,” “music,” “lyrics,” “musical
arrangement,” “photographs,” “artwork,” “compilation.”
Copyright claimant ·
The copyright claimant is either the
author of the work or a person or organization who has
obtained from the author all the rights the author initially
owned. When the claimant named is not the author, a brief
transfer statement is required to show how the claimant
acquired the copyright. Examples are “by written agreement”
and “by inheritance.” Do not send copies of documents of
transfer with the application.
When the name of the claimant is not the name of the
author, but the two names identify one person, the relation-
ship between the names should be explained. Examples are
“Doe Publishing Company, solely owned by John Doe” or
“John Doe doing business as Doe Recording Company.”
Year of Completion ·
The year of completion is the year in
which the completed new work—the particular version for
which registration is sought—was fixed in a copy or pho-
norecord for the first time, even if other versions exist or if
further changes or additions are planned. Do not confuse
completion with publication.
Publication ·
Copyright law defines “publication” as “the
distribution of copies or phonorecords of a work to the
public by sale or other transfer of ownership, or by rental,
lease, or lending. The offering to distribute copies or pho-
norecords to a group of persons for purposes of further dis-
tribution, public performance, or public display, constitutes
publication. A public performance or display of a work does
not of itself constitute publication.”
The following do not constitute publication: performing
the work, preparing phonorecords, or sending the work to
the Copyright Office.
The date of publication is the month, day, and year when
the work for which registration is sought was first published.
If the work has not been published, no date of publication
should be given on the application.
Where someone, for example, an owner of an individual
exclusive right or an agent of an author or owner, who is not a
claimant (author or owner of all rights) is filing an application
for a work that has never been registered, the applicant should
list the author or owner of all rights as the claimant. The appli-
cant can then explain their relationship to or interest in the
copyright in the certification section of the application.
Previous registration ·
If no registration has been made for
this version or an earlier version of this work, leave this por-
tion of the application blank.
If a previous registration for this work or another ver-
sion of it was completed and a certificate of registration was
issued, give the requested information about the previous
registration, if known.
Limitation of claim ·
Complete this portion of the appli-
cation if the work being registered contains an appreciable
amount of material that
• was previously published,
• was previously registered in the U. S . Copyright Office,
• is in the public domain, or
• is owned by a third party.
Material excluded ·
In this portion of the application, give
a brief identification of any preexisting work or works that
the work is based on or incorporates.
New material included ·
Briefly, in general terms, describe
all new copyrightable authorship covered by the copyright
claim for which registration is sought. See examples below.
All elements of authorship described in “author created”
should be accounted for in “new material included.”
If the claim is in the compilation only, state “compilation.”
If the claim is in the compilation and new material, identify
both, such as “compilation and forward” or “compilation of
photographs, additional photography, and forward.”
Examples for “Material Excluded” and “New Material
Included” entries for derivative works:
• Motion picture based on the novel Little Women
Material Excluded: Text
New Material Included: Entire motion picture
• New arrangement of preexisting music for piano
Material Excluded: Music
New Material Included: Musical arrangement
The Oce’s policies and practices for the registration of derivative works and compilations have been superseded by the Compendium of U.S.
Copyright Oce Practices (Third Edition). For more information, see https://copyright.gov/comp3.