Glossary [PDF]

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Glossary

This Glossary provides brief definitions for certain terms as they apply to registration,

recordation, and other services provided by the U.S. Copyright Office. Definitions that

are taken directly from the Copyright Act, the Office’s regulations, or a Supreme Court

decision are enclosed in quotation marks. Definitions that are not enclosed in quotation

marks are not legal definitions; they are intended to educate and inform legal

practitioners and members of the public who file applications, record documents, and

conduct other business with the Office.

1909 Copyright Act: An Act to Amend and Consolidate the Acts Respecting Copyright,

Pub. L. No. 60-349, 35 Stat. 1075 (1909). This law as amended was the copyright law of

the United States from July 1, 1909 through December 31, 1977. It was repealed

effective January 1, 1978 and replaced with the 1976 Copyright Act.

1976 Copyright Act: Pub. L. No. 94-553, 90 Stat. 2541 (1976). Passed by Congress and

effective on January 1, 1978, this law as amended is the current Copyright Law of the

United States. It is codified in Title 17 of the U.S. Code.

Abridgement: A shortened or condensed version of a preexisting work that retains the

general sense and unity of the preexisting work.

Act: See “1976 Copyright Act.”

Annotation: A statement that the U.S. Copyright Office adds to the registration record to

clarify the facts underlying the claim or to identify legal limitations on the claim. To

“annotate” means to add an annotation to the record.

Anonymous work: “An ‘anonymous work’ is a work on the copies or phonorecords of

which no natural person is identified as author.” 17 U.S.C. § 101.

Appeal: See “Request for reconsideration.”

Applicant: The party who submits an application to the U.S. Copyright Office.

Applied art: “Applied art” is “Art employed in the decoration, design, or execution of

useful objects, or those arts or crafts that have a primarily utilitarian function, or the

designs and decorations used in these arts.” Star Athletica, L.L.C. v. Varsity Brands, Inc.,

137 S. Ct. 1002, 1014 (2017) (internal quotations and citations omitted).

Architectural work: “An ‘architectural work’ is the design of a building as embodied in

any tangible medium of expression, including a building, architectural plans, or

drawings. The work includes the overall form as well as the arrangement and

composition of spaces and elements in the design, but does not include individual

standard features.” 17 U.S.C. § 101. The U.S. Copyright Office registers as architectural

works designs for structures that can be inhabited by humans or are otherwise intended

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for human occupancy. Examples include houses, office buildings, churches, museums,

gazebos, and garden pavilions.

Audiovisual work: “‘Audiovisual works’ are works that consist of a series of related

images which are intrinsically intended to be shown by the use of machines or devices

such as projectors, viewers, or electronic equipment, together with accompanying

sounds, if any, regardless of the nature of the material objects, such as films or tapes, in

which the works are embodied.” 17 U.S.C. § 101. In other words, the term “audiovisual

works” refers broadly to any work that includes any series of related visual images,

whether or not moving, and with or without sounds, as long as a machine or device is

essential to the viewing of the related series of images.

Authorized agent: Any person entitled to act on behalf of an author, a copyright

claimant, or an owner of one or more of the exclusive rights.

Author Created: The portion of the online application that identifies the copyrightable

material created by the author named in the application. In the paper application, this

portion of the application is referred to as the “Nature of Authorship” space.

Authorship statement: The portion of the application that describes the copyrightable

material created by the author named in the application. In the online application, this

portion of this statement typically appears in the Author Created field and/or New

Material Included field. In the paper application it typically appears in the Nature of

Authorship space and/or the Material Added to This Work space.

Automated database: See “Database.”

Basic registration: A registration issued on or after January 1, 1978.

Berne Convention: An international treaty, the “Convention for the Protection of

Literary and Artistic Works,” to protect literary and artistic works signed at Berne,

Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto. The

United States acceded to the Berne Convention and became a member on March 1, 1989.

Best edition: “The ‘best edition’ of a work is the edition, published in the United States

at any time before the date of deposit, that the Library of Congress determines to be

most suitable for its purposes.” 17 U.S.C. § 101.

Board: See “Review Board.”

CAD: An abbreviation for the U.S. Copyright Office’s “Copyright Acquisitions Division.”

Certificate of registration: An official record issued by the U.S. Copyright Office that

bears the U.S. Copyright Office seal and the signature of the Register of Copyrights. The

certificate denotes the fact that the Office has received a valid claim to copyright (i.e., an

acceptable application, deposit, and filing fee) and that the claim has been registered by

the Office. The certificate shows the registration number and date that the registration is

effective. Provided the claim is registered before the work is published or within five

years of the date on which the work is first published, the facts on a certificate of

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registration and the validity of the copyright are presumed true by courts of law unless 
later shown to be false. 
Certification: 1) The act of signing an application to register a work with the U.S. 
Copyright Office. The individual who signs the application certifies that the information 
provided therein is correct to the best of his or her knowledge. 2) The preparation of a 
statement under the seal of the U.S. Copyright Office attesting to the authenticity of a 
record or report based on a search of the Office’s records; a type of copyright service 
available for a fee. For certifications provided in connection with the recordation of a 
transfer of copyright ownership or other documents pertaining to copyright, see “Sworn 
certification” and “Official certification.”  
Choreographic works: The term “choreography” is derived from the Greek words 
“choreia,” meaning “dance,” and “graphikos,” meaning “to write.” A dance is a static and 
kinetic succession of bodily movements in certain rhythmic and spatial relationships 
and in relation to time and space. Choreography is the composition and arrangement of 
a related series of dance movements and patterns organized into a coherent whole. 
Choreography is not synonymous with dance. It is a discrete subset of dance that 
encompasses certain types of compositional dances. For example, the legislative history 
for the 1976 Copyright Act states that “‘choreographic works’ do not include social 
dance steps and simple routines.” See H.R. REP. NO. 94-1476, at 54 (1976), reprinted in 
1976 U.S.C.C.A.N. 5659, 5667; S. REP. NO. 94-473, at 52 (1975).  
Claim: An assertion of ownership of the copyright in a work of authorship. A request to 
register a work of authorship with the U.S. Copyright Office. 
Claimant: For purposes of copyright registration, the claimant is either the author of the 
work that has been submitted for registration, or a person or organization that owns all 
of the rights under copyright that initially belonged to the author of that work.  
Collective work: “A ‘collective work’ is a work, such as a periodical issue, anthology, or 
encyclopedia, in which a number of contributions, constituting separate and 
independent works in themselves, are assembled into a collective whole.” 17 U.S.C. § 
101. A collective work is a form of compilation. 
Compilation: “A ‘compilation’ is a work formed by the collection and assembling of 
preexisting materials or of data that are selected, coordinated, or arranged in such a way 
that the resulting work as a whole constitutes an original work of authorship. The term 
‘compilation’ includes collective works.” 17 U.S.C. § 101. 
Compulsory license: See “Statutory license.” 
Computer: A programmable electronic device that can store, retrieve, and process data 
that is input by a user through a user interface, and is capable of providing output 
through a display screen or other external output device, such as a printer. “Computers” 
include mainframes, desktops, laptops, tablets, and smart phones. 

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Computer program: “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.

Copies: “‘Copies’ are material objects, other than phonorecords, in which a work is

fixed by any method now known or later developed, and from which the work can be

perceived, reproduced, or otherwise communicated, either directly or with the aid of a

machine or device. The term ‘copies’ includes the material object, other than a

phonorecord, in which the work is first fixed.” 17 U.S.C. § 101. “The reference to ‘copies

and phonorecords,’ although in the plural, are intended . . . to include the singular.” See

H.R. REP. NO. 94-1476, at 61 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5675.

may be used to search for completed registrations and recorded documents made

before January 1, 1978.

the public that a copyright owner is claiming ownership of the particular work. A

• The copyright symbol © (or for phonorecords, the symbol ℗), the word “Copyright”,

or the abbreviation “Copr.”;

• The year of first publication of the work; and

• The name of the copyright owner.

A copyright notice is no longer legally required to secure copyright on works first

published on or after March 1, 1989, although it does provide legal benefits.

Copyrightable: A term used to describe a work that is original and sufficiently creative

to be registered with the U.S. Copyright Office.

Created: “A work is ‘created’ when it is fixed in a copy or phonorecord for the first time;

where a work is prepared over a period of time, the portion of it that has been fixed at

any particular time constitutes the work as of that time, and where the work has been

prepared in different versions, each version constitutes a separate work.” 17 U.S.C. §

101.

Database: For purposes of copyright registration, a database is defined as a compilation

of digital information comprised of data, information, abstracts, images, maps, music,

sound recordings, video, other digitized material, or references to a particular subject or

subjects. In all cases, the content of a database must be arranged in a systematic manner

and it must be accessed by means of an integrated information retrieval program or

system with the following characteristics: (i) a query function must be used to access

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the content; and (ii) the information retrieval program or system must yield a subset of 
the content or it must organize the content based on the parameters specified in each 
query.  
Date of recordation: 1) For the recordation of transfers of copyright ownership and 
other documents pertaining to copyright under Section 205 of Title 17 of the United 
States Code, “[t]he date of recordation is the date when a proper document under [37 
C.F.R. § 201.4(c)] and a proper fee under paragraph (d) of this section [37 C.F.R. § 201.4] 
are all received in the Copyright Office.” 37 C.F.R. § 201.4(e). 2) For the recordation of a 
notice of termination under Sections 203, 304(c), or 304(d) of Title 17 of the United 
States Code, “[t]he date of recordation is the date when all of the elements required for 
recordation, including the prescribed fee and, if required, the statement referred to in 
[37 C.F.R. § 201.10(f)(1)(ii)], have been received in the Copyright Office.” 37 C.F.R. § 
201.10(f)(3). 3) For the recordation of a Visual Arts Registry Statement “[t]he date of 
recordation is the date when all of the elements required for recordation, including the 
prescribed fee, have been received in the Copyright Office.” 37 C.F.R. § 201.26(e). 
De minimis: A legal term that is based on the Latin phrase “de minimis non curat lex,” 
which means “the law does not take notice of very small or trifling matters.” Creative 
authorship is deemed “de minimis” when a work does not contain the minimal degree of 
original, creative expression required to satisfy the test for originality in copyright. 
Deposit: See “Deposit copy.” 
Deposit account: A standing account with the U.S. Copyright Office from which 
customers can draw funds to pay for services provided by the Office.  
Deposit copy: A physical or electronic embodiment of a work. A deposit copy may be 
on or in various media (e.g., paper, videotape, online digital code, etc.) and may consist 
of multiple components. A deposit copy is submitted with an application for registration 
and must conform to the U.S. Copyright Office’s regulations and other requirements. For 
copyright registration purposes, the deposit copy should be clear and should contain all 
of the authorship that the applicant intends to register.  
Deposit copies: The plural form of “deposit copy.” 
Deposit copy(ies): A term meaning “deposit copy” and/or “deposit copies.” 
Derivative: See “Derivative work.” 
Derivative work: “A ‘derivative work’ is a work based upon one or more preexisting 
works, such as a translation, musical arrangement, dramatization, fictionalization, 
motion picture version, 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 revisions, annotations, elaborations, or other modifications, 
which, as a whole, represent an original work of authorship, is a ‘derivative work.’”  
17 U.S.C. § 101. 

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Design of a useful article: “The combination of details or features that go to make up 
the useful article.” 17 U.S.C. § 101 (definition of “Pictorial, graphic, and sculptural 
works”); Star Athletica, L.L.C. v. Varsity Brands, Inc., 137 S. Ct. 1002, 1009 (2017) 
(internal quotations and citations omitted). 
Display: “To ‘display’ a work means to show a copy of it, either directly or by means of a 
film, slide, television image, or any other device or process or, in the case of a motion 
picture or other audiovisual work, to show individual images nonsequentially.” 17 U.S.C. 
§ 101. 
Document cover sheet: See “Form DCS.” 
Document pertaining to copyright: “A document shall be considered to ‘pertain to a 
copyright’ if it has a direct or indirect relationship to the existence, scope, duration, or 
identification of a copyright, or to the ownership, division, allocation, licensing, transfer, 
or exercise of rights under a copyright. That relationship may be past, present, future, or 
potential.” 37 C.F.R. § 201.4(a)(2). 
EDR: An abbreviation for “effective date of registration.” 
Effective Date of Registration (“EDR”): “The effective date of a copyright registration 
is the day on which an application, deposit, and fee, which are later determined by the 
Register of Copyrights or by a court of competent jurisdiction to be acceptable for 
registration, have all been received in the Copyright Office.” 17 U.S.C. § 410(d). The 
effective date of registration is the date assigned by the U.S. Copyright Office that 
corresponds with the date the Office received all the elements required for a 
registration in acceptable form, namely, (i) a completed application, (ii) the full 
nonrefundable filing fee, and (iii) a complete nonreturnable deposit. 
EIDR: An abbreviation for “Entertainment Identifier Registry.” 
Eligible country: “The term ‘eligible country’ means a nation, other than the United 
States, that—  
 (A) becomes a WTO member country after the date of the enactment of the Uruguay 
Round Agreements Act; 
 (B) on such date of enactment is, or after such date of enactment becomes, a nation 
adhering to the Berne Convention; 
 (C) adheres to the WIPO Copyright Treaty;  
 (D) adheres to the WIPO Performances and Phonograms Treaty; or 
 (E) after such date of enactment becomes subject to a proclamation under [17 U.S.C. § 
104A] subsection (g).”  
17 U.S.C. § 104A(h)(3). 

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Entertainment Identifier Registry (“EIDR”): A unique identifier assigned to motion

pictures and other audiovisual works. The U.S. Copyright Office does not assign these

identifiers. EIDRs are administered by the Entertainment Identifier Registry

(www.eidr.org).

Exclusive license: An exclusive license is “a license that gives the licensee the sole right

to perform the licensed act, often in a defined territory, and that prohibits the licensor

from performing the licensed act and from granting the right to anyone else;

[especially], such a license of a copyright, patent, or trademark right.” BLACK’S LAW

DICTIONARY 1003 (9th ed. 2009).

Exclusive rights: Any or all of the exclusive rights under Copyright Law, as set forth in

Section 106 of the Copyright Act. Section 106 of the Copyright Act defines the exclusive

rights of copyright owners in their works. Only the copyright owner has the right to do

and to authorize the following:

1. “To reproduce the copyrighted work in copies or phonorecords.”

2. “To prepare derivative works based upon the copyrighted work.”

3. “To distribute copies or phonorecords of the copyrighted work to the public by sale

or other transfer of ownership, or by rental, lease, or lending.”

4. “In the case of literary, musical, dramatic, and choreographic works, pantomimes,

and motion pictures and other audiovisual works, to perform the copyrighted work

publicly.”

5. “In the case of literary, musical, dramatic, and choreographic works, pantomimes,

and pictorial, graphic, or sculptural works, including the individual images of a

motion picture or other audiovisual work, to display the copyrighted work publicly.”

6. “In the case of sound recordings, to perform the copyrighted work publicly by

means of a digital audio transmission.”

17 U.S.C. § 106.

These rights are subject to certain limitations that are defined in Sections 107 through

122 of the Copyright Act.

Filing fee: A nonrefundable charge for processing a registration or document

recordation request.

Fixation: See “fixed.”

Fixed: “A work is ‘fixed’ in a tangible medium of expression when its embodiment in a

copy or phonorecord, by or under the authority of the author, is sufficiently permanent

or stable to permit it to be perceived, reproduced, or otherwise communicated for a

period of more than transitory duration. A work consisting of sounds, images, or both,

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that are being transmitted, is ‘fixed’ for purposes of this title if a fixation of the work is

being made simultaneously with its transmission.” 17 U.S.C. § 101.

Foreign work: A work that is not a United States work.

Form: A printed document designed and issued by the U.S. Copyright Office for use in

applying for registration and requesting certain other copyright services.

Form CA: A paper application used to submit an application for a supplementary

registration for certain types of works. Specifically, Form CA may be used to correct or

amplify the information in the following types of registrations: (i) a renewal

registration, (ii) a GATT registration for a foreign work restored to copyright protection

by the Uruguay Round Agreements Act, or (iii) a basic registration for a database that

does not consist predominantly of photographs.

Form CON: A continuation sheet used only in conjunction with Form CA, Form PA,

Form SE, Form SR, Form TX, or Form VA.

Form DCS: An optional but recommended form used to facilitate the recordation of a

transfer of copyright ownership or other document pertaining to copyright. This form

should only be used when recording certain documents; it should not be used in

connection with registration.

Form GATT: A paper application used to register a restored copyright under the 1994

Uruguay Round Agreements Act.

Form GATT/CON: A continuation sheet used only in conjunction with Form GATT.

Form MW: A paper application used to register a mask work fixed in a semiconductor

chip product under the Semiconductor Chip Protection Act of 1984.

Form MW/CON: A continuation sheet used only in conjunction with Form MW.

Form PA: A paper application used to register certain types of works of the performing

arts, namely musical works, dramatic works, pantomimes, choreographic works, motion

pictures, and other audiovisual works.

Form SE: A paper application used to register a single issue of a published serial.

Form SR: A paper application used to register works that contain sound recording

authorship. An applicant should use Form SR if the work contains sound recording

authorship and if the applicant intends to register that element of the work (even if the

work also contains other types of authorship, such as music or lyrics). If the applicant

does not intend to register sound recording authorship, the applicant should not use this

form (even if the work happens to contain one or more sound recordings). Likewise, the

applicant should not use the form if the applicant intends to register the sounds

accompanying a motion picture or other audiovisual work.

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Form TX: A paper application used to register a nondramatic literary work, such as

fiction, nonfiction, poetry, an individual article, a textbook, a reference work, a directory,

a catalog, advertising copy, a compilation of information, a computer program, a textual

work made available online, or a database.

Form VA: A paper application used to register architectural works and pictorial,

graphic, or sculptural works, including two-dimensional or three-dimensional works of

fine, graphic, and applied art, photographs, prints or art reproductions, maps, and

technical drawings.

GATT: An abbreviation for “General Agreement on Tariffs and Trade.”

General Agreement on Tariffs and Trade (“GATT”): An agreement which, in part

restores copyright protection for certain foreign works that have lost copyright in the

United States. The loss of copyright would have occurred for one of the following

reasons:

1. Failure to comply with certain “formalities” of United States law. These formalities

include:

i. publication without notice prior to March 1, 1989.

ii. failure to renew an old law work within the time limit that applied to

that work.

iii. failure to comply with the provisions of the “manufacturing clause.”

2. Lack of subject matter protection in the case of sound recordings fixed before

February 15, 1972.

3. Lack of national eligibility.

Registration using Form GATT can be for a “single work” or for a “series of works

published under a single title in multiple episodes, installments, or issues during the

same calendar year.” GATT/Group registration, which allowed a broader scope for

group registration, was eliminated effective July 1, 2006.

GATT registration: Registrations that cover copyright claims in a work in which U.S.

Graphic works: See “Pictorial, graphic, and sculptural works.”

Group registration: An option for registering a group of works with one application,

one filing fee, and one set of deposit copies. The U.S. Copyright Office currently offers

group registration options for the following classes of works:

• Unpublished works (GRUW).

• Serials (GRSE).

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• Newspaper issues (GRNP).

• Newsletter issues (GRNL).

• Contributions to periodicals (GRCP).

• Short online literary works (GRTX).

• Published photographs (GRPPH).

• Unpublished photographs (GRUPH).

• A group of updates or revisions to a database.

• A group of test items prepared for use in a secure test (GRSTQ).

ID material: An abbreviation for “identifying material.”

Identifying material (“ID material”): An alternative deposit copy permitted or required

under U.S. Copyright Office regulations for registration, such as photographs submitted

in lieu of three-dimensional works of visual arts; redacted versions of secure tests;

portions of computer source code, etc. Identifying material is material that adequately

represents the authorship claimed in an unpublished or published work, whether the

regulations permit a substitute or whether it is a required substitute for the actual work,

as in the case of most three-dimensional visual arts works.

Immaterial variance: A variance that does not affect the required information that

should be included in an application, or any of the essential issues that should be

resolved before the U.S. Copyright Office may complete a registration, or a variance

where an ordinary person would be able to discern the correct information from the

application and would recognize the variance as a mere discrepancy, such as a

misspelling or typographical error.

Infringement: Infringement occurs when someone other than the copyright owner

exercises the exclusive right of the copyright owner unlawfully. Certain limitations to

the owner’s rights are defined in Sections 107 through 122 of the Copyright Act.

International Standard Audiovisual Number (“ISAN”): A unique identifier assigned to

an audiovisual work. The U.S. Copyright Office does not assign these identifiers. They are

assigned by designated agencies in each country participating in the program. In the

United States, ISANs are administered by ARIBSAN US (www.aribsan.org).

International Standard Book Number (“ISBN”): A unique identifier assigned to a

monographic publication. The U.S. Copyright Office does not assign these identifiers.

They are assigned by designated agencies in each country participating in the program.

In the United States, ISBNs are administered by R.R. Bowker LLC (www.bowker.com).

International Standard Music Number (“ISMN”): A unique identifier assigned to a

notated music publication. The U.S. Copyright Office does not assign these identifiers.

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They are assigned by designated agencies in each country participating in the program. 
In the United States, ISMNs are administered by the Library of Congress 
(www.loc.gov/ismn).  
International Standard Musical Work Code (“ISWC”): A unique identifier assigned to 
a musical work. The U.S. Copyright Office does not assign these identifiers. They are 
assigned by designated agencies in each country participating in the program. In the 
United States, ISWCs are administered by the American Society of Composers, Authors 
and Publishers (www.ascap.com). 
International Standard Recording Code (“ISRC”): A unique identifier assigned to a 
sound recording. The U.S. Copyright Office does not assign these identifiers. They are 
assigned by designated agencies in each country participating in the program. In the 
United States, ISRCs are administered by the Recording Industry Association of America 
(www.usisrc.org). 
International Standard Serial Number (“ISSN”): A unique identifier assigned to a 
serial publication. The U.S. Copyright Office does not assign these identifiers. They are 
assigned by national centers under the auspices of the ISSN network. In the United 
States, ISSNs are administered by the Library of Congress (www.loc.gov/issn). 
International Standard Text Code (“ISTC”): A unique identifier assigned to a text-
based work. The U.S. Copyright Office does not assign these identifiers. ISTCs are 
administered by agencies appointed by the International ISTC Agency (www.istc-
international.org).  
ISAN: An abbreviation for “International Standard Audiovisual Number.” 
ISBN: An abbreviation for “International Standard Book Number.” 
ISMN: An abbreviation for “International Standard Music Number.” 
ISRC: An abbreviation for “International Standard Recording Code.” 
ISSN: An abbreviation for “International Standard Serial Number.” 
ISTC: An abbreviation for “International Standard Text Code.” 
ISWC: An abbreviation for “International Standard Musical Work Code.” 
Joint work: “A ‘joint work’ is a work prepared by two or more authors with the 
intention that their contributions be merged into inseparable or interdependent parts of 
a unitary whole.” 17 U.S.C. § 101. 
License: An agreement by which a party grants another party one or more rights (but 
fewer than all rights), usually limited to a particular territory and/or time period. A 
license may be granted as an exclusive license or a nonexclusive license.  
Licensing Division: The Licensing Division in the U.S. Copyright Office administers 
certain statutory licenses set forth in the Copyright Act. The Division collects royalty 

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payments and examines statements of account for the cable statutory license (17 U.S.C. § 
111), the satellite statutory license for retransmission of distant television broadcast 
stations (17 U.S.C. § 119), and the statutory license for digital audio recording 
technology (17 U.S.C. §§ 1001-1010). The Division also accepts and records documents 
associated with the use of the mechanical statutory license (17 U.S.C. § 115). The 
Division deducts its full operating costs from the royalty fees and invests the balance in 
interest-bearing securities with the U.S. Treasury for later distribution to copyright 
owners. For further information see The Licensing Division of the Copyright Office 
(Circular 75). 
Limitation of claim: The portion of the application that identifies copyrightable 
material that has been excluded from the claim. It is typically used to exclude previously 
published material, previously registered material, public domain material, and/or 
material that is not owned by the claimant named in the application. In the online 
application, this portion of the application includes the Material Excluded and Previous 
Registration fields. In the paper application, this portion of the application includes the 
Previous Registration and Preexisting Material spaces. 
LIT: An abbreviation for the “Literary Division” of the U.S. Copyright Office. 
Literary monograph: A “literary monograph” is a “literary work published in one 
volume or a finite number of volumes. This category does not include serials, nor does it 
include legal publications that are published in one volume or a finite number of 
volumes that contain legislative enactments, judicial decisions, or other edicts of 
government.” 37 C.F.R. § 202.19(b)(5). 
Literary works: “‘Literary works’ are 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 embodied.” 17 U.S.C. § 101. A literary work 
is a nondramatic work that explains, describes, or narrates a particular subject, theme, 
or idea through the use of narrative, descriptive, or explanatory text, rather than dialog 
or dramatic action. Generally, nondramatic literary works are intended to be read; they 
are not intended to be performed before an audience. Examples of nondramatic literary 
works include the following types of works: fiction, nonfiction, poetry, directories, 
catalogs, textbooks, reference works, advertising copy, compilations of information, 
computer programs, databases, and other textual works. 
Mandatory deposit copy: A deposit copy sent to the U.S. Copyright Office pursuant to 
Section 407 of the Copyright Act. Section 407 provides that the owner of copyright or 
the owner of the exclusive right of publication in a work published in the United States 
shall deposit two copies or phonorecords of the best edition of the work within three 
months after publication for the benefit of the national collection of the Library of 
Congress. 17 U.S.C. § 407. The deposit of a published work that is acceptable under 
Section 408 also may satisfy the deposit requirements of Section 407. 
Manufacturing clause: Section 601 of the 1976 Copyright Act, which was repealed by 
the Copyright Cleanup, Clarification, and Corrections Act of 2010. Prior to 1986, United 
States authors who claimed copyright in magazines, newspapers, and books published 

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and printed in the English language were required to indicate that the work was

manufactured in the United States or Canada in order the satisfy the requirements of the

manufacturing clause.

Mask work: “A ‘mask work’ is a series of related images, however fixed or encoded —

(A) having or representing the predetermined, three-dimensional pattern of metallic,

insulating, or semiconductor material present or removed from the layers of a

semiconductor chip product; and (B) in which series the relation of the images to one

another is that each image has the pattern of the surface of one form of the

semiconductor chip product.” 17 U.S.C. § 901(a)(2). A three-dimensional design formed

on or in the layers of a semiconductor chip. This term does not apply to sculptural

masks. Mask works are protected under the Semiconductor Chip Protection Act of 1984

and may be registered by the U.S. Copyright Office.

Material variance: A variance that substantially affects the required information that

should be included in the application, or any of the essential issues that should be

resolved before the U.S. Copyright Office may complete a registration.

Motion pictures: “‘Motion pictures’ are audiovisual works consisting of a series of

related images which, when shown in succession, impart an impression of motion,

together with accompanying sounds, if any.” 17 U.S.C. § 101. The definition of “motion

pictures” does not include the following:

• Unauthorized fixations of live performances or telecasts.

• Live telecasts that are not fixed simultaneously with their transmission.

• Filmstrips and slide sets which, although consisting of a series of images intended to

be shown in succession, are not capable of conveying an impression of motion.

See H.R. REP. NO. 94-1476, at 56 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5669.

Nature of Authorship: The portion of a paper application that identifies the

copyrightable material created by the author named in the application. In the online

application, this portion of the application is referred to as the “Author Created” field.

Newspaper: “[A] periodical . . . that is mainly designed to be a primary source of written

information on current events, either local, national, or international in scope. A

newspaper contains a broad range of news on all subjects and activities and is not

limited to any specific subject matter. Newspapers are intended either for the general

public or for a particular ethnic, cultural, or national group.” 37 C.F.R. § 202.4(e)(1).

Newsletter: “[A] serial that is published and distributed by mail, electronic media, or

other medium, including paper, email, or download. The newsletter must contain news

or information that is chiefly of interest to a special group, such as trade and

professional associations, colleges, schools, or churches.” 37 C.F.R. § 202.4(f)(1)(i).

Nonexclusive license: A nonexclusive license is “a license of intellectual property

rights that gives the licensee a right to use, make, or sell the licensed item on a shared

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basis with the licensor and possibly other licensees.” BLACK’S LAW DICTIONARY 1004 (9th 
ed. 2009). 
Notice: See “Copyright notice.” 
Object code: A representation of a computer program that is written in a machine 
language consisting of binary code (i.e., ones and zeroes). Object code is comprehensible 
to a computer or other electronic device, but as a general rule, it is not comprehensible 
to human beings.  
Official certification:  “An official certification is a certification, by the appropriate 
Government official, that the original of the document is on file in a public office and that 
the reproduction is a true copy of the original.” 37 C.F.R. § 201.4(a)(3)(ii) (italics 
omitted).  
OGC: An abbreviation for the U.S. Copyright Office’s “Office of the General Counsel.” 
Online public record: The database posted on the U.S. Copyright Office’s website 
containing records relating to registrations and document recordations issued after 
1978. Also known as the Public Catalog.  
PA: An abbreviation for the “Performing Arts Division” of the U.S. Copyright Office. 
Pantomime: The art of imitating, presenting, or acting out situations, characters, or 
events through the use of physical gestures and bodily movements.  
Perform: “To ‘perform’ a work means to recite, render, play, dance, or act it, either 
directly or by means of any device or process or, in the case of a motion picture or other 
audiovisual work, to show its images in any sequence or to make the sounds 
accompanying it audible.” 17 U.S.C. § 101.  
Performing arts works: See “Works of the Performing Arts.”  
Periodical: “A collective work that is issued or intended to be issued on an established 
schedule in successive issues that are intended to be continued indefinitely. In most 
cases, each issue will bear the same title, as well as numerical or chronological 
designations.” 37 C.F.R. § 202.4(b)(3). 
Phonorecords: “‘Phonorecords’ are material objects in which sounds, other than those 
accompanying a motion picture or other audiovisual work, are fixed by any method now 
known or later developed, and from which the sounds can be perceived, reproduced, or 
otherwise communicated, either directly or with the aid of a machine or device. The 
term ‘phonorecords’ includes the material object in which the sounds are first fixed.” 17 
U.S.C. § 101. “The reference to ‘copies and phonorecords,’ although in the plural, are 
intended . . . to include the singular.” See H.R. REP. NO. 94-1476, at 61 (1976), reprinted in 
1976 U.S.C.C.A.N. 5659, 5675. 
PIA: An abbreviation for the U.S. Copyright Office’s “Office of Policy and International 
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Pictorial works: See “Pictorial, graphic, and sculptural works.”

Pictorial, graphic, and sculptural works: “‘Pictorial, graphic, and sculptural works’

include two-dimensional and three-dimensional works of fine, graphic, and applied art,

photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and

technical drawings, including architectural plans. Such works shall include works of

artistic craftsmanship insofar as their form but not their mechanical or utilitarian

aspects are concerned; the design of a useful article, as defined in this section, shall be

considered a pictorial, graphic, or sculptural work only if, and only to the extent that,

such design incorporates pictorial, graphic, or sculptural features that can be identified

separately from, and are capable of existing independently of, the utilitarian aspects of

the article.” 17 U.S.C. § 101.

PIE: An abbreviation for the U.S. Copyright Office’s “Office of Public Information and

Education.”

PIO: An abbreviation for the U.S. Copyright Office’s “Public Information Office.”

Preregistration: A procedure that allows certain copyright owners to file an action for

infringement and to seek statutory damages and attorney’s fees in cases where the work

was infringed before the copyright owner completed the work and released it to the

public. Preregistration is entirely optional. It is neither a prerequisite nor a precondition

for copyright owners who wish to register their works with the U.S. Copyright Office. In

other words, an original work of authorship may be registered regardless of whether

the work has been preregistered or not. Copyright owners may benefit from this

procedure if they have started to create a work of authorship that has not been

completed yet, and if it is likely that a third party may infringe that work before it has

been released to the public. But in order to preserve the benefits of this procedure, the

published or infringed. For the vast majority of copyright owners, preregistration is not

useful. To be eligible for preregistration, a work of authorship must fall within one or

more of the following classes of works: (i) motion pictures; (ii) sound recordings; (iii)

musical compositions; (iv) literary works being prepared for publication in book form;

(v) computer programs (including videogames); or (vi) advertising or marketing

photographs. Works that do not fall within these classes are not eligible for this

procedure.

Pseudonymous work: “A ‘pseudonymous work’ is a work on the copies or

phonorecords of which the author is identified under a fictitious name.” 17 U.S.C. § 101.

Publication: “‘Publication’ is 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 phonorecords to a group of persons for purposes of

further distribution, public performance, or public display, constitutes publication.

A public performance or display of a work does not of itself constitute publication.”

17 U.S.C. § 101.

Public Catalog: See “Online public record.”

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Public display: See “Public performance and public display.”

Public domain: A work of authorship that is not protected by copyright is in the public

domain. In the United States, a copyrighted work enters the public domain when its full

registered or published in the United States on or before December 31, 1963 may be in

the public domain if the copyright was not renewed in a timely manner. The status of a

creative work which, through expiration of term or failure to comply with statutory

formalities, is not protected by copyright.

Publicly: See “Public performance and public display.”

Public performance: See “Public performance and public display.”

Public performance and public display: “To perform or display a work ‘publicly’

means

1. to perform or display it at a place open to the public or at any place where a

substantial number of persons outside of a normal circle of a family and its social

acquaintances is gathered; or

2. to transmit or otherwise communicate a performance or display of the work to a

place specified by clause (1) or to the public, by means of any device or process,

whether the members of the public capable of receiving the performance or display

receive it in the same place or in separate places and at the same time or at different

times.”

17 U.S.C. § 101.

Public record: Official records maintained by the U.S. Copyright Office relating to

registrations and document recordations, which are made available to the public

through the Office’s website, the Copyright Card Catalog, the Catalog of Copyright

Entries, or the Records Research and Certification Section.

RAC: An abbreviation for the U.S. Copyright Office’s “Receipt Analysis and Control

Division.”

Recordation: Recordation is the official filing in the public records of the U.S. Copyright

Office of a document having to do with copyright. The purpose of recordation is to make

a public record of the facts in the document.

Recordation specialists: Members of the U.S. Copyright Office’s Recordation Section

who are responsible for recording documents.

Office. By statute, the Register works under the general direction of the Librarian of

Congress and carries out a variety of legal and policy functions that are enumerated

throughout Title 17.

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Registration: “‘Registration,’ for purposes of Sections 205(c)(2), 405, 406, 410(d), 411, 
412, and 506(e) [of the 1976 Act] means a registration of a claim in the original or the 
renewed and extended term of copyright.” 17 U.S.C. § 101. The principle function 
performed by the U.S. Copyright Office under the provisions of Section 408 of the 
Copyright Law. The process for putting a claim on record in the U.S. Copyright Office; a 
type of copyright service available for a fee. Registration is a possible result of the U.S. 
Copyright Office’s examination of an application to register a claim of copyright in an 
original work of authorship. Registration involves examining the claim, and if the claim 
is approved by the U.S. Copyright Office, numbering the claim, issuing a certificate of 
registration, and creating a public record.  
Registration materials: A public record maintained by the U.S. Copyright Office. It 
includes all the materials that an applicant submits to the Office in connection with an 
application to register a claim to copyright, including the application, deposit copy(ies), 
and the filing fee, as well as any communications between the applicant and the Office 
relating to that claim. 
Registration specialists: Members of the U.S. Copyright Office’s Registration Program 
who are responsible for examining claims to copyright. 
Remitter: The party who submits a document to the U.S. Copyright Office for 
recordation. 
Renewal: See “Renewal claim.” 
Renewal claim: An assertion of ownership for the second term of copyright in a work of 
authorship originally published or registered under the 1909 Act; when filed with the 
U.S. Copyright Office, a renewal claim presents a request for registration. For works 
copyrighted between January 1, 1964 and December 31, 1977, renewal is automatic but 
registration confers certain benefits. 
Renewal registration: See “Renewal claim.” 
Request for reconsideration: A request for reconsideration to the Registration 
Program Office or a request for reconsideration to the Review Board is an 
administrative review of a refusal to register a claim in copyright by an applicant. 
Review Board (also referred to as the “Board”): A Board consisting of the Register of 
Copyrights and the General Counsel of the Copyright Office (or their respective 
designees) and a third individual designated by the Register that hears second requests 
for reconsideration of the Registration Program’s decision to refuse to register a claim 
to copyright. 
RRCS: An abbreviation for the U.S. Copyright Office’s “Records Research and 
Certification Section.” 
Rule of Doubt: In certain circumstances, the U.S. Copyright Office may register a claim 
under the Rule of Doubt if the registration specialist is unable to examine the deposit 
copy(ies) to determine if the work contains copyrightable authorship. In exceptional 

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cases, the Office may apply the Rule of Doubt if it has not taken a position on a legal 
issue that is directly relevant to whether the work constitutes copyrightable subject 
matter or whether the other legal and formal requirements of the statute have been met. 
The Office will not register a claim under the Rule of Doubt simply because there is some 
uncertainty as to how a particular issue may be decided by a particular court. 
Scènes à faire: A stock character, setting, or event that is common to a particular 
subject matter or medium. Standard expressions that necessarily follow from the idea 
for a work of authorship.  
Screen displays: Content generated by a computer program that appears on a 
computer screen.  
Sculptural works: See “Pictorial, graphic, and sculptural works.” 
Secure test: “A nonmarketed test administered under supervision at specified centers 
on scheduled dates, all copies of which are accounted for and either destroyed or 
returned to restricted locked storage following each administration.” 37 C.F.R. § 
202.13(b)(1). “A test is nonmarketed if copies of the test are not sold, but instead are 
distributed and used in such a manner that the test sponsor or publisher retains 
ownership and control of the copies.” Id. § 202.13(b)(2). “A test is administered under 
supervision if test proctors or the equivalent supervise the administration of the test.” Id. 
§ 202.13(b)(3). “A specified center is a place where test takers are physically assembled 
at the same time.” Id. §202.13(b)(4).  
Secure test item: “An item prepared for use in a secure test. A “test item is comprised 
of a question (or ‘stem’), the correct answer to that question, any incorrect answer 
choices (or ‘distractors’), and any associated material, such as a narrative passage or 
diagram.” 37 C.F.R. § 202.13(b)(5).  
Semiconductor chip product: “A ‘semiconductor chip product’ is the final or 
intermediate form of any product— 
 (A)  having two or more layers of metallic, insulating, or semiconductor material, 
deposited or otherwise placed on, or etched away or otherwise removed from, a 
piece of semiconductor material in accordance with a predetermined pattern; and 
 (B) intended to perform electronic circuitry functions.” 
17 U.S.C. § 901(a)(1). 
Separability: “[T]he analysis undertaken to determine whether a feature can be 
separately identified from, and exist independently of, a useful article.” Star Athletica, 
L.L.C. v. Varsity Brands, Inc., 137 S. Ct. 1002, 1009 (2017). 
Serial: A work that is issued or intended to be issued on an established schedule in 
successive parts bearing numerical or chronological designations that are intended to 
be continued indefinitely. Examples include periodicals (including newspapers), 
annuals, the journals and proceedings of societies, and other similar works.  

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Series of musical, spoken, or other sounds: A series of musical, spoken, or other

sounds connotes a temporal succession of sounds rather than simultaneous sounds,

such as those expressed in a chord vertically.

Shipping slip: A document generated by the U.S. Copyright Office’s electronic

registration system. If the applicant submits a physical copy of a work to the Office, the

copy must be accompanied by a shipping slip. Failure to include a shipping slip may

prevent the Office from connecting the deposit copies with the online application and

may require the applicant to resubmit the deposit, thereby affecting the effective date of

registration.

Short online literary work: “[A] short online literary work is a work consisting of text

that contains at least 50 words and no more than 17,500 words, such as a poem, short

story, article, essay, column, blog entry, or social media post. The work must be

published as part of a website or online platform, including online newspapers, social

media websites, and social networking platforms.” 37 C.F.R. § 202.4(j)(1).

Sound recordings: “‘Sound recordings’ are works that result from the fixation of a

series of musical, spoken, or other sounds, but not including the sounds accompanying a

motion picture or other audiovisual work, regardless of the nature of the material

objects, such as disks, tapes, or other phonorecords, in which they are embodied.” 17

U.S.C. § 101.

Source code: Source code is a set of statements and instructions written by a human

being using a particular programming language, such as Java, LISP, LOGO, PASCAL,

Programming Inquiry Learning or Teaching, Programming in Logic, Assembly Language,

or other programming languages. Typically, these statements are comprehensible to a

person who is familiar with the relevant programming language, but they are not

comprehensible to a computer or other electronic device. In order to convey these

statements and instructions to a machine, the source code must be converted into object

code.

Source country: “The ‘source country’ of a restored work is—

(A) a nation other than the United States;

(B) in the case of an unpublished work—

(i) the eligible country in which the author or rightholder is a national or

domiciliary, or, if a restored work has more than 1 author or rightholder, of

which the majority of foreign authors or rightholders are nationals or

domiciliaries; or

(ii) if the majority of authors or rightholders are not foreign, the nation other than

the United States which has the most significant contacts with the work; and

(i) the eligible country in which the work is first published, or

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(ii) if the restored work is published on the same day in 2 or more eligible

countries, the eligible country which has the most significant contacts with the

work.”

17 U.S.C. § 104A(h)(8).

Special handling: Special handling is a procedure for expediting the examination of a

claim to copyright or to record a document. The U.S. Copyright Office offers this service

in certain circumstances where a copyright owner or other interested parties have a

compelling reason for the expedited issuance of a certificate of registration or certificate

of recordation, such as pending or prospective litigation, customs matters, and

publication or contract deadlines.

Statutory license: A right to use certain works if certain statutory requirements are

met as required by the Copyright Law.

Sui generis

: A Latin phrase meaning “of its own kind.” In the context of the copyright

law, it refers to classes of works protected under the statute that do not fall within

existing categories of legal protection, such as mask works and vessel designs.

Supplementary registration: A special type of registration that may be used “to correct

an error in a copyright registration or to amplify the information given in a registration.”

See 17 U.S.C. § 408(d).

Sworn certification: “A sworn certification is an affidavit under the official seal of any

officer authorized to administer oaths within the United States, or if the original is

located outside of the United States, under the official seal of any diplomatic or consular

officer of the United States or of a person authorized to administer oaths whose

authority is proved by the certificate of such an officer, or a statement in accordance

with section 1746 of title 28 of the United States Code.” 37 C.F.R. § 201.4(a)(3)(i) (italics

omitted). A sworn statement verifying that a photocopy or other reproduction of a

signed document is a true copy of the original.

Transfer: See “Transfer of copyright ownership.”

Transfer of copyright ownership: “A ‘transfer of copyright ownership’ is an

assignment, mortgage, exclusive license, or any other conveyance, alienation, or

hypothecation of a copyright or of any of the exclusive rights comprised in a copyright,

whether or not it is limited in time or place of effect, but not including a nonexclusive

license.” 17 U.S.C. § 101.

Transfer statement: A brief statement in an application for registration that explains

how the claimant obtained ownership of the copyright.

Translation: A rendering of a work of authorship from one language into another, such

as a work that has been translated from English into Spanish, from German into English,

or from Hindi into Malayalam.

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Treaty party: “A ‘treaty party’ is a country or intergovernmental organization other than

the United States that is a party to an international agreement.” 17 U.S.C. § 101.

Unclaimable material: For purposes of copyright registration, “unclaimable material”

includes (i) previously published material; (ii) previously registered material; (iii)

material that is in the public domain; and/or (iv) copyrightable material that is not

owned by the claimant named in the application. If a work contains an appreciable

amount of unclaimable material, the applicant should exclude that material from the

claim.

United States work: “For purposes of section 411 [of the 1976 Act], a work is a ‘United

States work’ only if—

1. in the case of a published work, the work is first published—

(A) in the United States;

(B) simultaneously in the United States and another treaty party or parties, whose

law grants a term of copyright protection that is the same as or longer than the

term provided in the United States;

party; or

(D) in a foreign nation that is not a treaty party, and all of the authors of the work

are nationals, domiciliaries, or habitual residents of, or in the case of an

audiovisual work legal entities with headquarters in, the United States;

2. in the case of an unpublished work, all the authors of the work are nationals,

domiciliaries, or habitual residents of the United States, or, in the case of an

unpublished audiovisual work, all the authors are legal entities with headquarters in

the United States; or

3. in the case of a pictorial, graphic, or sculptural work incorporated in a building or

structure, the building or structure is located in the United States.”

17 U.S.C. § 101.

Unit of publication: A registration accommodation by the U.S. Copyright Office for

registering multiple works with one application, one filing fee, and one set of deposit

copies where the works are physically bundled together by the claimant for distribution

to the public as a single, integrated unit and all the works are first published in that

integrated unit.

Unpublished: See “Unpublished work.”

Unpublished collection: A registration accommodation formerly offered by the U.S.

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one filing fee, and one set of deposit copies. This option was replaced by the group

registration option for unpublished works effective March 15, 2019.

Unpublished work: A work for which publication, as defined in the Copyright Law, has

not occurred.

URAA: An abbreviation for “Uruguay Round Agreements Act.”

Uruguay Round Agreements Act (“URAA”): Legislation that includes an agreement on

the Trade-Related Aspects of Intellectual Property under the General Agreement on

Tariffs and Trade. Signed into law December 8, 1994.

Uruguay Round General Agreement on Tariffs and Trade (“GATT”): See “General

Agreement on Tariffs and Trade (“GATT”).”

Useful article: “A ‘useful article’ is an article having an intrinsic utilitarian function that

is not merely to portray the appearance of the article or to convey information.

An article that is normally a part of a useful article is considered a ‘useful article.’”

17 U.S.C. § 101.

VA: An abbreviation for the “Visual Arts Division” of the U.S. Copyright Office.

Variance: A “variance” refers to any instance where conflicting information is present in

or among the registration materials submitted by the applicant. See also “Material

variance” and “Immaterial variance.”

Vessel design: A design of a frame or body of a craft that is capable of being

independently propelled and steered through water, and is designed to carry or

transport one or more passengers. Vessel designs received design protection (not

and may be registered with the U.S. Copyright Office.

Visual arts works: The U.S. Copyright Office uses the term “visual arts works” to

collectively refer to “pictorial, graphic, and sculptural works” and “architectural works.”

Work of visual art: “A ‘work of visual art’ is—

1. a painting, drawing, print or sculpture, existing in a single copy, in a limited edition

of 200 copies or fewer that are signed and consecutively numbered by the author,

or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200

or fewer that are consecutively numbered by the author and bear the signature or

other identifying mark of the author; or

2. a still photographic image produced for exhibition purposes only, existing in a single

copy that is signed by the author, or in a limited edition of 200 copies or fewer that

are signed and consecutively numbered by the author.

A work of visual art does not include—

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(A) (i) any poster, map, globe, chart, technical drawing, diagram, model, applied art,

motion picture or other audiovisual work, book, magazine, newspaper, periodical,

data base, electronic information service, electronic publication, or similar

publication;

(ii) any merchandising item or advertising, promotional, descriptive, covering, or

packaging material or container;

(iii) any portion or part of any item described in clause (i) or (ii);

(B) any work made for hire; or

17 U.S.C. § 101. “Works of visual art” is a specific class of works that are eligible for

protection under the Visual Artists Rights Act.

Widow or widower: “The author’s ‘widow’ or ‘widower’ is the author’s surviving spouse

under the law of the author’s domicile at the time of his or her death, whether or not the

spouse has later remarried.” 17 U.S.C. § 101.

WIPO: An abbreviation for “World Intellectual Property Organization.”

Work of the United States Government: “A ‘work of the United States Government’ is

a work prepared by an officer or employee of the United States Government as part of

that person’s official duties.” 17 U.S.C. § 101.

Work made for hire: “A ‘work made for hire’ is—

1. a work prepared by an employee within the scope of his or her employment;

2. a work specially ordered or commissioned for use as a contribution to a collective

work, as a part of a motion picture or other audiovisual work, as a translation, as a

supplementary work, as a compilation, as an instructional text, as a test, as answer

material for a test, or as an atlas, if the parties expressly agree in a written

instrument signed by them that the work shall be considered a work made for hire.

For the purpose of the foregoing sentence, a ‘supplementary work’ is 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, and an

‘instructional text’ is a literary, pictorial, or graphic work prepared for publication

and with the purpose of use in systematic instructional activities.”

In determining whether any work is eligible to be considered a work made for hire

under paragraph (2), neither the amendment contained in section 1011(d) of the

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C O P Y R I G H T O F F I C E P R A C T I C E S

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Glossary : 24 01/28/2021

Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by

section 1000(a)(9) of Public Law 106-113, nor the deletion of the words added by that

amendment— (A) shall be considered or otherwise given any legal significance, or (B)

shall be interpreted to indicate congressional approval or disapproval of, or

acquiescence in, any judicial determination, by the courts or the Copyright Office.

Paragraph (2) shall be interpreted as if both section 2(a)(1) of the Work Made for Hire

and Copyright Corrections Act of 2000 and section 1011(d) of the Intellectual Property

and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of

Public Law 106-113, were never enacted, and without regard to any inaction or

awareness by the Congress at any time of any judicial determinations.”

17 U.S.C. § 101.

Works of the Performing Arts: For purposes of copyright registration, the U.S.

following works of authorship: musical works, including any accompanying words;

sound recordings; dramatic works, including any accompanying music; choreographic

works; pantomimes; audiovisual works; and motion pictures. “This class includes all

published and unpublished works prepared for the purpose of being performed directly

before an audience or indirectly by means of a device or process.” 37 C.F.R. §

202.3(b)(1)(ii).

Works of the Visual Arts: See “Visual arts works.”

World Intellectual Property Organization (“WIPO”): A specialized agency of the

United Nations that administers intellectual property matters of concern to the member

states of the United Nations in order to ensure that the rights of creators and owners of

intellectual property are protected worldwide and that inventors and authors are, thus,

recognized and rewarded for their ingenuity.

WTO: An abbreviation for “World Trade Organization.”