| *NOTE:
Copyright Office fees are subject to change. For current fees, please check
the Copyright Office website at www.copyright.gov,
write the Copyright Office, or call (202) 707-3000. |
COMPLETING FORM TX
| NOTE: These points do not cover all of the required information on the
application. Be sure to refer to the instructions on the Form TX before
completing the application. |
• Space 2. Nature of Authorship. In the “Nature of Authorship”
space describe the copyrightable authorship in the computer program for which
registration is sought. Acceptable statements include “computer program,”
“entire text of computer program,” “entire program code,” “text of user’s
manual and computer program,” etc. Do not refer to design, physical
form, hardware, or algorithm. Do not describe the program’s
features or functions.
• Space 3. Year of Creation. Give the year of creation and
the exact date of first publication, if any, for the particular version of
the computer program for which registration is sought.
• Space 6. Derivative Work or Compilation. Complete this space if
the computer program contains a substantial amount of previously published,
registered, or public domain material such as subroutines, modules, textual
images, or if the work was developed using an underlying computer program
or authoring tool. Space 6a may state “previous version.” Typical examples
of descriptions of new material for space 6b include “revised computer program,”
“editorial revisions,” “revisions and additional text of computer program,”
“new programming text,” etc. Do not refer to debugging, error
corrections, new functions of the revised program, or other unregistrable
elements.
DEPOSIT REQUIREMENTS
I. Computer Programs Without Trade Secrets
For published or unpublished computer programs, send one copy of identifying
portions of the program (first 25 and last 25 pages of source code) reproduced
in a form visually perceptible without the aid of a machine or device, either
on paper or in microform, together with the page or equivalent unit containing
the copyright notice, if any.
For a program less than 50 pages in length, send a visually perceptible copy
of the entire source code. For a revised version of a program that has been
previously published or previously registered or that is in the public domain,
if the revisions occur throughout the entire program, send the page containing
the copyright notice, if any, and the first 25 and last 25 pages of source
code. If the revisions are not contained in the first 25 and last 25 pages,
send any 50 pages representative of the revised material in the new program,
together with the page or equivalent unit containing the copyright notice,
if any, for the revised version.
In any case where the program is so structured that it has no identifiable
beginning or end, the applicant should make a determination as to which pages
may reasonably represent the first 25 and last 25 pages.
Where an applicant is unable or unwilling to deposit source code, he/she
must state in writing that the work as deposited in object code contains copyrightable
authorship. The Office will send a letter stating that registration has been
made under its rule of doubt and warning that it has not determined the existence
of copyrightable authorship.
If a published user’s manual or other printed documentation accompanies the
computer program, deposit one copy of the user’s manual along with one copy
of the identifying material for the program.
For programs written in HyperCard ® and other scripted languages, the script
is considered the equivalent of source code. Thus, the same number of pages
of script would be required as is required for source code. Reproductions
of on-screen text, buttons, and commands are not an appropriate substitute
for this source code deposit. Where a scripted program contains trade secrets,
the deposit of script pages must meet the requirements of part II below.
| NOTE: When a computer program is embodied
in a CD-ROM, ordinarily the entire CD-ROM package must be deposited, including
a complete copy of any accompanying operating software and instructional
manual. If registration is sought for the computer program, the deposit
should also include a printout of the first 25 and last 25 pages of source
code for the program. |
II. Computer Programs Containing Trade Secrets
Where a computer program contains trade secret material, include a cover
letter stating that the claim contains trade secrets, along with the page
containing the copyright notice, if any, plus one of the following:
A. Entirely new computer programs
• First 25 and last 25 pages of source code with portions containing trade
secrets blocked out; or
• First 10 and last 10 pages of source code alone, with no blocked out portions;
or
• First 25 and last 25 pages of object code plus any 10 or more consecutive
pages of source code, with no blockedout portions; or
• For programs 50 pages or less in length, entire source code with trade secret
portions blocked out.
B. Revised computer programs
• If the revisions are present in the first 25 and last 25 pages, any one
of the 4 options above, as appropriate; or
• If the revisions are not present in the first 25 and the last 25 pages:
• 20 pages of source code containing the revisions with no blocked out
portions, or
• any 50 pages of source code containing the revisions with some portions
blocked out.
| NOTE: Whenever portions of code are blocked
out, the following requirements must be met: (1) the blocked out portions
must be proportionately less than the material remaining; and (2) the
visible portion must represent an appreciable amount of original computer
code. |
Points to Remember
• To obtain the full benefits of registration, each separately published
version of a given computer program must be separately registered, provided
each contains a sufficient amount of new or revised authorship to sustain
a claim to copyright
. • If the deposit material for the computer program has a copyright notice
containing multiple year dates, the Copyright Office will question whether
the particular program is a revised or derivative version if space 6 of the
application has not been completed. If the program is not a derivative work
and if the multiple year dates in the notice refer to internal revisions
or the history of development of the program, please put that information
in a cover letter to help speed processing.
• If the deposit material for the computer program does not give a printed
title and/or version indicator, please add the title and any indicia that
can be used in identifying the particular program.
SCREEN DISPLAYS
Copyright protection for computer screen displays, including videogames,
has been an issue in the courts for some time. Courts have differed in their
opinions regarding whether screen displays may be registered separately.
The Copyright Office has consistently believed that a single registration
is sufficient to protect the copyright in a computer program and related screen
displays, including videogames, without a separate registration for the screen
displays or a specific reference to them on the application for the computer
program. An application may give a general general description in the “nature
of authorship” space, such as “entire work” or “computer program.” This description
will cover any copyrightable authorship contained in the computer program
and screen displays, regardless of whether identifying material for the screen
is deposited.
A specific claim in the screen displays may be asserted on the application.
In such a case, identifying materials for the screens must be deposited.
HOW TO REGISTER COMPUTER PROGRAMS CONTAINING COPYRIGHTABLE
SCREEN DISPLAYS
A single registration should be made in the class appropriate to the predominant
authorship. Because the computer program is a literary work, literary authorship
will predominate in most works, including many in which there are screen graphics.
Therefore, registration will usually be appropriate on Form TX. If pictorial
or graphic authorship predominates, registration may be made on Form PA as
an audiovisual work.
The registration will extend to any related copyrightable screens, regardless
of whether identifying material for the screens is deposited. If identifying
material for screen displays is deposited and if there is a specific claim
in screens, the identifying material will be examined for copyrightability.
Where the application refers specifically to screen displays, identifying
material for the screens must be deposited. Where the screens
are essentially not copyrightable (e.g., de minimis menu screens, blank
forms, or the like), the application should not refer to screens.
If screen display authorship has already been registered without a claim
in the computer program, a separate registration may be made for the program.
In such a case, the normal requirements for registration of a computer program
apply.
If a computer program has already been registered without a specific claim
asserted in the related screen displays, a separate registration for the screens
is not required, but will be permitted. In such a case, the application should
describe the nature of authorship appropriately, for example, “text of screen
displays” or “audiovisual material.” Identifying material for the screens
containing copyrightable authorship must be deposited.
To register a computer program and its related screen displays:
• Select the application form appropriate for the predominant authorship;
• Refer to the chart below to complete space 2 of the application and
to determine whether to file identifying material for the screen displays. |
|
HOW TO COMPLETE APPLICATION
|
WHAT TO DEPOSIT
|
| Space 2 Nature of Authorship |
ID Material for Screens (In addition to Required
Source Code) |
| Option 1 |
“Entire work”
or
“Entire computer program”
|
Optional |
| Option 2 |
“Entire computer program, including text of screen displays”
or
“Entire computer program, including audiovisual material”
or
“Entire computer program, including artwork on screen displays”
|
Required |
| |
NOTE: The description of
authorship on the application should not refer to elements
such as “menu screens,” “structure, sequence and organization,” “layout,”
“format” or the like. |
NOTE: Identifying material
for screen displays should consist of printouts, photographs, or drawings
clearly revealing the screens. For works that are predominantly audiovisual,
such as videogames, 1/2 inch VHS videotape is acceptable. All
screen identifying material will be examined for copyrightability. If
screens are reproduced in a manual, the manual will suffice as identifying
material. |
NOTICE OF COPYRIGHT
Before March 1, 1989, the use of copyright notice was mandatory on all published
works, and any work first published before that date should have carried a
notice. For works first published on and after March 1, 1989, use of the copyright
notice is optional. For more information about copyright notice, see Circular
3, “Copyright Notice.”
EFFECTIVE DATE OF REGISTRATION
A copyright registration is effective on the date the Copyright Office
receives all the required elements in acceptable form, regardless of how
long it then takes to process the application and mail the certificate of
registration. The time the Copyright Office requires to process an application
varies, depending on the amount of material the Office is receiving. It may
take several days for mailed material to reach the Copyright Office and for
the certificate of registration to reach the recipient.
If you apply for copyright registration, you will not receive an acknowledgment
that your application has been received (the Office receives more than 600,000
applications annually), but you can expect:
• A letter or a telephone call from a Copyright Office staff member if further
information is needed, or
• A certificate of registration indicating that the work has been registered,
or if the application cannot be accepted, a letter explaining why it has been
rejected.
If you want to know the date that the Copyright Office receives your material,
send it by registered or certified mail and request a return receipt.
FOR FURTHER INFORMATION
Information via the Internet: Circulars, announcements, regulations,
other related materials, and all copyright application forms are available
via the Internet. You may access these from the Copyright Office homepage
at www.copyright.gov
Information by Fax: Circulars and other information (but not application
forms) are available by using a touchtone phone to access Fax-On-Demand
at (202) 707-2600.
Information by telephone: If you have specific questions about registering
a computer program or you need general information about copyright, call the
Public Information Office at (202) 707-3000. The TTY number is (202) 707-
6737. Information specialists are on duty in the Public Information Office
from 8:30 a.m. to 5:00 p.m., eastern time, Monday through Friday, except federal
holidays. Recorded information is available 24 hours a day. Or, if you know
which application forms and circulars you want, request them from the Forms
and Publications Hotline at (202)707- 9100 24-hours a day. Leave a recorded
message.
Information by regular mail: Write to:
Library of Congress
Copyright Office
Public Information Office, LM-401
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
Rev: July 2002
This electronic version has been altered slightly from the original printed
text for presentation on the World Wide Web. For a copy of the original
circular, consult the PDF
version or write to Copyright Office, 101 Independence Avenue S.E., Washington,
D.C. 20559-6000.
