- a contribution to a collective work
- a part of a motion picture or other audiovisual work
- a translation
- a compilation
- a test or answer material for a test
- an atlas
- instructional text, which is defined as a “literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities;” or
- a supplementary work, which is defined as “a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes.”
The Copyright Office developed a questionnaire that may be useful in determining whether a particular work qualifies as a “work made for hire.” To complete the questionnaire and to read more information about this topic, see Works Made For Hire (Circular 30).
Who is the author of a work made for hire?
The author of a work made for hire is the employer or the party that ordered or commissioned the work.
Who should be named as the author of a “work made for hire”?
If a work is a “work made for hire,” you should select “yes” in the space marked “Is this author’s contribution a work made for hire.”
As mentioned above, the author of a “work made for hire” is the employer of the person(s) who created the work or the party that ordered or commissioned the work. Do not name the person or persons who actually created a work made for hire.
If the works were created by a legal entity, provide that entity’s name in the space marked “Organization.” Note: As mentioned above, a performing group should not be named as the author of the works, unless the group is a legal entity that created each work as a work made for hire.
If the employer or commissioning party is an individual, provide that person’s first and last name in the spaces marked “Individual Author.”
Citizenship and Domicile
You should identify the author’s country of citizenship and/or domicile. To enter this information select one of the countries listed in the drop down menu.
“Citizenship” means that the author is a citizen of a particular nation or the author owes permanent allegiance to a particular country, even though he or she is not a citizen of that nation.
“Domicile” is the nation where the author has a fixed and permanent residence, where the author intends to maintain his or her residence for an unlimited time, and whenever absent where the author intends to return.
Year of Birth / Year of Death
If the author is an individual and if that person is deceased, you must enter the author’s year of death in the space provided. This information is required, because the length of the copyright term may be based on the year that the author died.
If you like, you may provide the author’s year of birth. This information is entirely optional. But please note that if you complete this part of the application, the author’s year of birth will appear on the certificate and the Office’s online public database.
What is an anonymous work?
A work is “anonymous” if the author of that work is not identified on the album or in the liner notes. If the author’s name appears on the album or in the liner notes for a particular work, that work is not “anonymous,” even if the author does not wish to reveal his or her identity in the registration record.
- The album packaging contains artwork and photographs, but it doesn’t contain any credits identifying the author of the sound recordings. Each track would be considered an anonymous work, because the author’s name was not mentioned in the deposit.
- The liner notes for an album reads “All tracks performed and produced by John-Paul George and Bingo Star.” These songs would not be considered anonymous works, because the authors’ names appear in the liner notes.
- The credits on the back cover of the album read “Recorded and Produced by Quincy James.” This would not be considered an anonymous work, because the author’s name appears on the album cover.
How should you identify the author of an anonymous work?
If the author’s name does not appear on the album or in the liner notes — and if you do not want to reveal the author’s identity in the registration record — check the box indicating that the works were created anonymously.
If the author created the works anonymously — and if you want to disclose the author’s identity in the registration record — you may enter the author’s name in the spaces for “First Name” and “Last Name.”
Depending on the circumstances, providing the author’s name in the registration record for an anonymous work may extend or reduce the term of copyright. For additional information see the Compendium of U.S. Copyright Office Practices, Chapter 600, Section 615.1.
If you check the box indicating that the works were created anonymously — and if you do not want to reveal the author’s identity in the registration record — you should not include the author’s real name anywhere in the application (including the “Certification” screen). If you include the author’s real name in the application it becomes part of the public record and cannot be changed once a registration has issued.
What is a pseudonymous work?
A sound recording is “pseudonymous” if the author is identified on the album or in the liner notes solely by a stage name, performing name, fictitious name, or other pseudonym. If both the author’s legal name and fictitious name appear on the album or in the liner notes for a particular track, that work is not pseudonymous.
- The credits on the back of the album read “All tracks recorded and produced by Ziggy Stardust.” These tracks could be considered pseudonymous works, because “Ziggy Stardust” is a pseudonym for the performer/producer (whose real name is David Jones).
- The liner notes read “All tracks performed and produced by David Jones (a.k.a. Ziggy Stardust, a.k.a. David Bowie).” These tracks would not be considered pseudonymous works, because the author’s real name appears in the liner notes.
- The credits on the album cover read “Recorded and produced by David Jones.” This would not be considered a pseudonymous work, because the author’s real name appears on the album.
- The copyright notice for a track reads: “All tracks (P) David Jones 2021.” This would not be considered a pseudonymous work, because the author’s real name appears on the album.
The name of a performing group is not a pseudonym
As mentioned above, you should identify the authors who created the works listed in the application, even if the album states that the works were created by a performing group. The name of a performing group is not a pseudonym, so you should not include that name in the “Pseudonym” space. If the author or co-authors are members of a performing group, you may include this information in the “Note to Copyright Office” space on the “Certification” screen.
How should you identify the author of a pseudonymous work?
If the author’s pseudonym appears on the album or in the liner notes (but the author’s real name does not) — and if you do not want to reveal the author’s real name in the registration record — you may leave the “First Name” and “Last Name” spaces blank. Then check the box indicating that the works are “pseudonymous” and enter the author’s pseudonym in the space provided.
If the author’s pseudonym appears on the album or in the liner notes — and if you want to disclose the author’s identity in the registration record — you may provide that person’s name in the spaces for “First Name” and “Last Name.” You may also check the box indicating that the works are “pseudonymous” and enter the author’s pseudonym in the space provided.
Important Note: Depending on the circumstances, providing the author’s name in the registration record for a pseudonymous work may extend or reduce the term of copyright. For additional information see Compendium of U.S. Copyright Office Practices, Chapter 600, Section 615.2.
If you checked the box indicating that the author’s pseudonym appears on the album — and if you do not want to reveal the author’s identity in the registration record — you should not include the author’s real name anywhere in the application (including the “Certification” screen). If you include the author’s real name in the application it becomes part of the public record and cannot be changed once a registration has issued.
Identifying the Sound Recordings Created by this Author
Once you’ve identified the author, you must identify the sound recordings that were created or co-created by this author.
If this author created all of the sound recordings that you want to register, you may check the box that reads: “Check this box ONLY if this author created or co-created ALL of the sound recordings that you want to register.”
Important: Do not check this box if the author created some – but not all –of the sound recordings that you want to register. Instead, you should complete the box that reads: “Album track number(s) for the sound recording(s) created by this author.” Specifically, you should identify the sound recordings that this author created by entering the track numbers that were assigned to those works when they were published on the album.
Each track number should be entered as a number and each number should be separated with a comma.
| Titles of the Works Being Registered | Album Track Numbers | Author |
|---|---|---|
| Heartache | 2 | Record Label X |
| Lovelorn | 4 | Record Label X |
| Loneliness | 7 | Record Label X |
Record Label X created three sound recordings that were published on an album as track numbers 2, 4, and 7. To register these works you should enter the record label’s name in the “Organization” space and select “yes” in the work made for hire space. To identify the works that the label created you may check the box that reads “Check this box ONLY if this author created or co-created ALL of the sound recordings that you want to register.”
By contrast, you should not check this box if the record label created some – but not all – of the sound recordings that you want to register.
| Titles of the Works Being Registered | Album Track Numbers | Author(s) |
|---|---|---|
| Happiness | 9 | Paul Performer & Phil Producer |
| Celebration | 11 | Phil Producer |
| Elated | 13 | Phil Producer |
In this example, Paul and Phil co-created track 9. Phil created tracks 11 and 13 by himself.
You should enter Paul’s name in the “Individual Author” space. You should not check the box that reads “Check this box ONLY if this author created or co-created ALL of the sound recordings that you want to register,” because Paul did not create all of the works being registered; he only created track number 9. To identify that work you should enter the number “9” in the box that reads “Album track number(s) for the sound recoding(s) created by this author.”
By contrast, Phil created or co-created tracks 9, 11, and 13. After you enter his name in the “Individual Author” space, you may check the box stating that he created all of the works being registered.
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