Re: mechanics of website COPR applications

On Tuesday August 24, 1999, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
>
> I have never seen the Copyright Office require a detailed
> statement of which elements are copyrightable and which are not.
> It is understood, of course, that virtually every copyrightable
> work contains some uncopyrightable elements, and that these are
> not protectable. They don't need to be identified and enumerated,
> in my experience -- especially since, in some cases, the question
> whether they are copyrightable or not may be debatable. When
> seeking registration for copyright in a Web site's content, I
> usually include claim copyright in something like: "All original
> text and illustrations, and the selection and arrangement of all
> uncopyrightable matter."

Bob-

This sounds like very sound advice. I was hung up on the following language that appears in Circular 61:

   "The registration will extend to any related copyrightable screens,    regardless of whether identifying material for the screens is    deposited. However, where identifying material for screen displays    is deposited, it will be examined for copyrightability. Where the    application refers specifically to screen displays, identifying    material for the screens must be deposited. Where the screens are    essentially not copyrightable (e.g., de minimis menu screens, blank    forms, or the like), the application should not refer to screens    and the deposited identifying material should not include screens."

This language presents a problem for an applicant who wants specifically to protect some screen displays that are clearly copyrightable, where other screen displays generated by the same "program" are not copyrightable.

Bernard

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 Wed Aug 25 1999 - 15:52:14 GMT