Copyright

Help: Limitation of Claim

Basic Information

Complete the “Limitation of Claim” section to limit the scope of your copyright claim if the work submitted for registration contains an appreciable amount of unclaimable material.

Unclaimable material includes the following types of material:

  • material that was previously published,
  • material that was previously registered,
  • material that is in the public domain, and/or
  • material that is owned by an individual or legal entity other than the claimant who is named in the application.

Derivative works almost always contain unclaimable material because, by definition, they are based on, or incorporate, material that has been previously published, previously registered, is in the public domain, or owned by a third party. Likewise, compilations, including collective works, usually contain unclaimable material because they are often comprised of material that has been previously published, previously registered, is in the public domain, or owned by a third party. 


A “derivative work” is a work that is based on or incorporates one or more preexisting works. Examples of derivative works include translations, fictionalizations, abridgments, musical arrangements, screenplays based on preexisting novels, reproductions of paintings, or any other form in which a work may be recast, transformed, or adapted. Derivative works also include works consisting of editorial revisions, annotations, or other modifications, if these changes, as a whole, represent an original work of authorship. The right to make a derivative work (or new version) is one of the exclusive rights of a copyright owner. The copyright law does not protect any part of a work that contains previously copyrighted material if that material has been used unlawfully.


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.


A registration for a derivative work only extends to the new material that has been added to that work.  A registration for a compilation, including a collective work, only extends to the new original selection, coordination, or arrangement included in that work.

Material Excluded

Check the appropriate box(es) under “Material Excluded” to describe and exclude any unclaimable material contained in the work submitted for registration, such as:

  • Material that was previously published,
  • Material that was previously registered,
  • Material that is in the public domain, and/or
  • Material that is owned by an individual or legal entity other than the claimant who is named in the application.

If the terms provided in the checkboxes do not fully describe the material to be excluded you may provide a more specific or detailed description in the field marked “Other.” (See the examples below for more information on completing the Material Excluded and New Material Included sections).

Previous Registration

Complete this space if this work or another version of it has been previously registered.


If the Copyright Office has issued a certificate of registration, give the previous registration number and year in the space provided. If the Copyright Office has issued multiple registrations, give this information for the two most recent registrations. If an application has been submitted to the Copyright Office, but the Office has not yet issued a certificate of registration, state “pending” in the space for the registration number.


DO NOT give preregistration information in this space (such as a number beginning with the letters PRE). Preregistration information should be given in the Publication/Completion area of the application.

New Material Included

Check the appropriate box(es) under “New Material Included” to describe all of the new material contained in the work that is owned by the copyright claimant. If the terms provided in the checkboxes do not fully describe the new material that is owned by the copyright claimant you may provide a more specific or detailed description in the field marked “Other.”


Please note that the descriptions provided in the “New Material Included” field should be identical to the descriptions provided in the “Author Created” field. The application also should name all of the author(s) who created the new material described in this section and in the “Author Created” section. (See the examples below for more information on completing the Material Excluded and New Material Included sections).

Examples of Material Excluded and Material Included Statements

Literary Examples

Alice created a biography, including letters and photographs owned by others.

Material Excluded

  • Text
  • Photograph(s )
  • Other letters and photos from different sources

Material Included

  • Text

Phone North, Inc. is submitting a registration application for the third edition of a telephone directory, which contains a revised compilation of classified ads.

Material Excluded

  • Compilation

Material Included

  • Compilation
  • Other revised compilation of classifieds

CompuData, Inc. created version 2.0 of a computer program. The new version contains a substantial amount of new source code and CompuData registered all previous versions of this program.

Material Excluded

  • Computer Program

Material Included

  • Computer Program

Mary created a genealogical history of her family. She compiled and arranged letters and photographs created by other members of her family members and added introductions before each item.

Material Excluded

  • Text
  • Photograph(s)

Material Included

  • Compilation
  • Other introductory text

Education, Inc. created a college textbook which contains photos and illustrations licensed from Graphics Corp.

Material Excluded

  • Photograph(s)
  • Artwork

Material Included

  • Text
  • Compilation

Christopher Adams created an anthology of poems by selecting, coordinating and arranging poems by various authors (with the authors’ permission). He also wrote an introduction for the anthology.

Material Excluded

  • Text

Material Included

  • Compilation
  • Other Text of introduction

Susan Thomas wrote an English translation of a Spanish novel that is in the public domain.

Material Excluded

  • Text

Material Included

  • Translation

Visual Arts Examples

Prints Galore created a lithographic reproduction of a 17th century painting.

Material Excluded

  • Artwork

Material Included

  • Otherlithographic reproduction of painting

Ad Solutions, Inc. created a print advertisement that incorporates new photographs and some stock photographs, as well as a creative description about the product shown in each photograph.

Material Excluded

  • Photograph(s)
  • Other one stock photograph

Material Included

  • Text
  • Photograph(s)

Philip Mars created a map based on preexisting source materials.

Material Excluded

  • Map
  • Other U.S.G.S. base maps

Material Included

  • Map
  • Text
  • Other new cartographic compilation and descriptions of places of interest

Jamie Young created an architectural drawing for renovations to an existing building.

Material Excluded

  • Architectural work

Material Included

  • Architectural work
  • Other new wing, revised floor plan

Sound Recordings Examples

Sim Walters created a new sound recording containing a remix of sound recordings fixed before 1972.

Material Excluded

  • Sound recording
  • Other pre-72 sound recordings

Material Included

  • Sound recording
  • Other remix from multi-track sources

Performing Arts Examples

Wendy George created new lyrics to go with the tune For He’s A Jolly Good Fellow.

Material Excluded

  • Music

Material Included

  • Lyrics

Mark Cooper created a new musical arrangement of Twinkle Twinkle Little Star.

Material Excluded

  • Lyrics
  • Music

Material Included

  • Arrangement

New Films, Inc. created a screenplay based on a best-selling novel (with permission from the author of the novel).

Material Excluded

  • Text

Material Included

  • Screenplay

Motion Pictures Examples

New Films, Inc. submits a registration application for a motion picture that was recently released. New Films, Inc. registered the screenplay for the motion picture last year.

Material Excluded

  • Script/Screenplay

Material Included

  • Production as a motion picture

AutoFix, LLC. created a revised version of a car repair video (originally released on VHS tape) that has been updated and released on DVD.

Material Excluded

  • Preexisting footage

Material Included

  • Additional new footage
  • Revisions/additions to script

Smith Pearson created a documentary motion picture containing archival footage and photographs (either public domain or used by permission).

Material Excluded

  • Preexisting footage
  • Preexisting photographs

Material Included

  • All other cinematographic material
  • Other: New narration and editing

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