Re: mechanics of website COPR applications

From: Bernard Gerdelman <attorney[_at_]i1.net>
Date: Mon, 23 Aug 1999 18:44:59 -0500

I interpret Circular 61 of the Copyright Office to require submission and registration of the code that generates the screen displays whether or not identifying material for the screen displays is submitted. That would indicate that the applicant submits HTML code where appropriate even though it is not true "source code." If you're trying, specifically, to register a copyright in the displays, then the application should mention screen displays and identifying material for the displays also should be submitted. I think that identifying material can be hard copy or disc.

I am interested in Bob Cumbow's statement that "in either case the entire work must be submitted." I assume that if one claims an interest specifically in the screen displays, then the copyright office is going to want to see them to determine whether they all constitute copyrightable subject matter. What if the submitted HTML code generates some screen displays that are nothing more than simle menu screens not consituting copyrightable subject matter and others that contain sophisticated graphics, colors, etc.? Will the Copyright Office require a specific statement in the application as to which displays are protectable and which aren't?

Bernard Gerdelman
Paule, Camazine & Blumenthal, P.C.
165 N. Meramec, 6th Floor
St. Louis, Missouri 63105
attorney[_at_]i1.net
(314)727-2266 Received on Mon Aug 23 1999 - 23:48:11 GMT

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