Group Registration of Unpublished Works: Author

On the “Author/Claimant” screen you should identify the author or co-authors of each and every work in the group.

To be clear, the author or co-authors named in the application must be the creator or co-creator of all the works being registered. For example, you may use this application to register 10 works created solely by Peter. Likewise, you may use this application to register 10 works created jointly by Peter, Paul, and Mary.

By contrast, you cannot register 3 works created solely by Peter and 7 works created jointly by Peter, Paul, and Mary with the same application. In this situation, you would have to separate the works into two groups and prepare a separate application for each set of authors: One application for the 3 works created solely by Peter and another application for the 7 works created jointly by Peter, Paul, and Mary.

Author's Name

Who is an author?

The “author” is the person or persons who created or co-created the works being registered, unless the works are “works made for hire,” which are discussed in more detail below.

Who Should Be Named as the Author of the Works Being Registered?

Generally, you should provide the full name and address of the author or co-authors who created the works being registered.

Note: There is a limited exception to this rule if the author created the works anonymously or if the author’s pseudonym appears on the works.

If you are the author of each and every work, you may enter your information by clicking the “Add Me” button on the Author/Claimant screen. The information from your profile will populate the appropriate fields. Check to ensure that the information is correct, and then click the “Save” button. If you are completing the application on behalf of the author, click the button marked “New.” Enter the requested information for that author, and then click the “Save” button.

Works created by one author

If the author is an individual, provide that person’s first and last name in the spaces marked “Individual Author.”

If the works were created by an organization, provide that entity’s name in the space marked “Organization.”

If each and every work is a “work made for hire,” select “yes” in the space marked “Is this author’s contribution a work made for hire.” (If the works are not works made for hire, select “no” or simply leave this space blank.)

In all cases, you should provide the author’s citizenship and domicile, and a brief description of the works that the author created. If the author is deceased, you also should provide the author’s year of death.

Once you have entered all of the information requested on the Author/Claimant screen, click the “Save” button.

Works co-created by two or more co-authors

If the works were created by two or more authors, you should provide the name, address, and other requested information for each author. To do so, click the “New” button on the Authors/Claimants screen.

Provide the requested information for the first author, click the “Save” button, then repeat the steps described above for the rest of the authors.

Once you have provided the requested information for all of the co-authors, click the “Continue” button at the top of the Authors/Claimants screen.

Work Made for Hire

What is a Work Made for Hire?

A work made for hire is either

a work created by an employee within the scope of his or her employment.

a work that is specially ordered or commissioned, provided that the parties expressly agree in a writing signed by both parties that the work is considered a “work made for hire,” and the work is specially ordered or commissioned for use as:

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.”

For more information on works made for hire 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 the 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 an organization, provide that entity’s name in the space marked “Organization.”

If the employer or commissioning party is an individual, provide that person’s first and last name in the spaces marked “Individual Author.”

Examples:

John Smith is an employee of Talcum Powders, Inc. John created 10 videos for the company’s website. Talcum Powders, Inc. should be named as the author of these videos, not John Smith.
Margaret Riley is a filmmaker. Janet Jones is a screenwriter. Margaret and Janet signed a contract stating that Janet would write 2 screenplays for Margaret as a “work made for hire.” Margaret should be named as the author of these screenplays, not Janet.

Author Created

Select the term from the “Author Created” dropdown menu that best describes the works being registered.

For example, if the author created 10 pieces of jewelry, you should select “unpublished jewelry designs” and if the author created 10 maps you should select “unpublished maps.”

If the author created 2 drawings and 2 statues, you should separate the works into two groups and prepare a separate application for each type of work: One application for the 2 drawings (which should be described as “unpublished illustrations”) and another application for the 2 statues (which should be described as “unpublished sculptural works”). If you submit a group of drawings and statues with the same application, the examiner may ask you to resubmit the claim using two separate applications, or the examiner may simply refuse registration.

Important Note for Works Co-created by Two or More Joint Authors: If the works were created by two or more co-authors the statement provided in the “Author Created” field for each author must be exactly the same. For example, if you are registering 10 songs, and if Author A composed the music and Author B wrote the lyrics for each song, you should select “unpublished musical works (with or without lyrics)” for both Author A and Author B.

If you name 2 or more authors in the application and if the authorship statements for each co-author are not exactly the same, the system will generate the following error message:

“ERROR – The authorship statement for each author must be exactly the same. Click “edit” in the table below to change the authorship statement for each author.”

If you see this message, click the “pencil” icon in the table marked “All Titles.” Edit the entries in the “Author Created” field so that the selections made for each author are exactly the same. Then click “Continue” to proceed to the next screen.

Examples for Literary Works:

Andy wants to register 8 short stories. To describe these works, he should select the option for “unpublished literary works.”
Armistice Designs, LLC wants to register 4 computer programs. To describe these works, the applicant should select the option for “unpublished computer programs.”

Examples for Visual Art Works:

Beth wants to register 2 sketches. To describe these works, she should select the option for “unpublished pictorial or graphic works.”
Bill wants to register 3 figurines. To describe these works, he should select the option for “unpublished sculptural works.”
Model Designers, Inc. wants to register 5 technical drawings. To describe these works, the applicant should select the option for “unpublished technical drawings.”
Elegance Unlimited wants to register 6 fabric designs. To describe these works, the applicant should select the option for “unpublished fabric, textile, or wallpaper designs.”
Durable Flooring, LLC wants to register 7 carpet designs. To describe these works, the applicant should select the option for “unpublished flooring designs.”
Bonny wants to register 10 holograms. To describe these works, she should select the option for “Other unpublished 2 dimensional artwork.”

Examples for Works of the Performing Arts:

Calvin wrote 10 songs. He also made a recording of himself performing each song. Calvin wants to register his songs, but he does not want to register the audio recordings. To describe the songs, Calvin should select the option for “unpublished musical works (with or without lyrics).”
Caitlyn wrote 4 songs. Three of the songs contain music and lyrics. The other contains only music. Caitlyn also made a recording of herself performing each song. Caitlyn wants to register her songs, but she does not want to register the audio recordings. To describe the songs, Caitlyn should select the option for “unpublished musical works (with or without lyrics).”
Dan and Denise co-wrote 4 songs. Dan composed the music for all of the songs, and Dan and Denise co-wrote the lyrics for each song. To describe the songs, both Dan and Denise should select the option for “unpublished musical works (with or without lyrics).”
Craig wants to register 3 screenplays. To describe these works, he should select the option for “unpublished dramatic works.”
Celine wants to register 3 modern dances. To describe these works, she should select the option for “unpublished choreographic works.”

Examples for Sound Recordings:

Daria made a recording of herself performing 10 songs. Daria wants to register her performance of each song, but she does not want to register the songs themselves. To describe the recordings, Daria should select the option for “unpublished sound recordings.”
Daniel wrote 10 songs. He also made a recording of himself performing each song. Daniel wants to register both the songs and the recording of each song. To describe these works, Daniel should select the option for “unpublished sound recordings and musical works (with or without lyrics).”
Darrel wrote 10 sermons and he made an audio recording of himself reciting each sermon. Darrel wants to register both the sermons and the recording of each sermon. To describe these works, Darrel should select the option for “unpublished sound recordings and literary works.”
Delaney wrote 3 dramatic monologues and she made an audio recording of herself performing each work. Delaney wants to register both the monologs and the recording of each work. To describe these works, Delaney should select the option for “unpublished sound recordings and dramatic works.”

Examples for Motion Pictures and Audiovisual Works:

Erica wants to register 3 videos. To describe these works, she should select the option for “unpublished motion pictures.”
Evenhanded Video, LLC wants to register 2 videogames. To describe these works, the applicant should select the option for “unpublished audiovisual works.”
Eli wants to register 3 unpublished screenplays. To describe these works, he should select the option for “unpublished scripts/screenplays.”

Author's Citizenship or Domicile

In all cases, you should identify the citizenship and/or domicile for each author named in the application.

How do you determine the author’s citizenship?

“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.

How do you determine the author’s domicile?

“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

Providing the author’s year of birth is optional, but the Copyright Office encourages applicants to include this information because it may be useful in identifying the author. If you include the author’s year of birth in the application, that information will appear in the public record.

If you are registering a group of “anonymous” or “pseudonymous” works, the Copyright Office encourages you to provide the author’s year of birth, although it is not required.

If you are registering a “work made for hire” you should not provide a year of birth, even if the author is an individual rather than an organization.

Year of Death

You should provide a year of death if the works were created by an individual author who is deceased. The copyright law requires this information, because the length of the copyright term may be based on the year that the author died.

Important Note: The author or co-authors of each work must be named as the copyright claimant or co-claimants, even if the author or co-authors are deceased.

If you are registering a group of “anonymous” or “pseudonymous” works, the Copyright Office encourages you to provide a year of death, although it is not required.

If each work is a “work made for hire” you should not provide a year of death, even if the author is an individual rather than an organization.

Anonymous Works

A work is “anonymous” if the author is not identified on the copies or phonorecords of that work. If the author’s name appears on the work, it is not an anonymous work, even if the author does not wish to reveal his or her identity in the registration record.

Examples:

The title page of a manuscript reads: “Prime Color by Anonymous.” This would be considered an anonymous work, because the author’s name does not appear on the copy of the manuscript.
The title page of a manuscript reads: “Prime Color by Anonymous (a.k.a. Joseph Cline).” This would not be considered an anonymous work, because the author’s name appears on the copy of the manuscript.

If the author’s name does not appear on any of the works – and if you do not want to reveal the author’s identity in the registration record – you may check the box indicating that the works were created anonymously. The term “Anonymous” will be added automatically to the field for the author’s “First Name,” as shown in the example below. You do not need to add anything in the “Last Name” field.

IMPORTANT NOTE: 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.

If the author created the works anonymously – and if you want to reveal the author’s identity in the registration record – you may provide that person’s name in the spaces for “First Name” and “Last Name.” The Anonymous box should be left unchecked.

If the author’s name appears on some – but not all – of the works, you may register those works with the same application. But to do so you must disclose the author’s identity in the registration record. For example, if the author created 10 poems – and if that person’s name appears on 2 of those poems – you may register all of them with this group registration option. But you would have to provide the author’s real name in the registration record for all 10 poems. As a result, none of the poems would be considered “anonymous works.”

Pseudonymous Works

A work is “pseudonymous” if the author is identified on the copies or phonorecords of that work solely by a fictitious name, pen name, stage name, or other pseudonym. If the author’s legal name appears on the copies or phonorecords of the work, the work is not pseudonymous, even if the author’s fictitious name also appears on the copies or phonorecords of the work.

Examples:

The title page of a manuscript reads: “The Cat and the Hat by Dr. Seuss.” This could be considered a pseudonymous work, because “Dr. Seuss” is a pseudonym for the author (whose real name is Theodore Geisel).
The title page of a manuscript reads: “The Cat and the Hat by Theodore Geisel.” This would not be considered a pseudonymous work, because the author’s real name appears on the copy of the manuscript.
The title page of a manuscript reads: “The Cat and the Hat by Dr. Seuss (a.k.a. Theodore Geisel).” This would not be considered a pseudonymous work, because the author’s real name appears on the copy of the manuscript.
The copyright notice for a book reads: “© 1957 Theodore Geisel.” This would not be considered a pseudonymous work, because the author’s real name appears on the work.

If the author’s pseudonym appears on all of the works (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 check the box indicating that the works are “pseudonymous” and provide the author’s pseudonym in the spaces for the author’s “First Name” and/or “Last Name,” as shown in the example below.

IMPORTANT NOTE: If you checked the box indicating that the author’s pseudonym appears on the works – 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.

If the author’s pseudonym appears on all of the works – and if you want to reveal the author’s identity in the registration record – you may provide the author’s real name in the spaces for “First Name” and “Last Name.” The pseudonym box should be left unchecked.

If you would like to include BOTH the author’s legal name and pseudonym in the registration record, you should do the following:

Provide the author’s legal name in the “First Name/Last Name” fields.
Leave the Pseudonym box unchecked.
Provide the author’s pseudonym in the “Note to Copyright Office” field on the certification screen. Example: “Author’s pseudonym ‘Mark Twain’ appears on the copies of these works.”

If the author’s pseudonym appears on some of the works, and if the author’s real name appears on the rest, you may register all of the works with the same application. But to do so you must disclose the author’s identity in the registration record. For example, if the author created 10 paintings – and if the author’s real name only appears on 2 of those paintings – you may register all of them with this group registration option. But you would have to provide the author’s real name in the registration record for all 10 paintings. As a result, none of the paintings would be considered “pseudonymous works.”