w
`Copyright Basics
`
`What Is Copyright?
`
`Copyright is a form of protection provided by the laws of the United States
`(title 17, U. S. Code) to the authors of “original works of authorship,” including
`literary, dramatic, musical, artistic, and certain other intellectual works. This
`protection is available to both published and unpublished works. Section 106
`of the 1976 Copyright Act generally gives the owner of copyright the exclusive
`right to do and to authorize others to do the following:
`
`• reproduce the work in copies or phonorecords
`
`• prepare derivative works based upon the work
`
`• distribute copies or phonorecords of the work to the public by sale or other
`transfer of ownership, or by rental, lease, or lending
`
`• perform the work publicly, in the case of literary, musical, dramatic, and
`choreographic works, pantomimes, and motion pictures and other audio­
`visual works
`
`• display the work publicly, 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
`audio visual work
`
`• perform the work publicly (in the case of sound recordings*) by means of
`a digital audio transmission
`
`In addition, certain authors of works of visual art have the rights of attribu­
`tion and integrity as described in section 106A of the 1976 Copyright Act. For
`further information, see Circular 40, Copyright Registration for Works of the
`Visual Arts.
`It is illegal for anyone to violate any of the rights provided by the copyright
`law to the owner of copyright. These rights, however, are not unlimited in
`scope. Sections 107 through 122 of the 1976 Copyright Act establish limitations
`on these rights. In some cases, these limitations are specified exemptions from
`copyright liability. One major limitation is the doctrine of “fair use,” which
`is given a statutory basis in section 107 of the 1976 Copyright Act. In other
`instances, the limitation takes the form of a “compulsory license” under which
`certain limited uses of copyrighted works are permitted upon payment of
`specified royalties and compliance with statutory conditions. For further infor­
`mation about the limitations of any of these rights, consult the copyright law or
`write to the Copyright Office.
`
`*note: Sound recordings are defined in the law as “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.” Common
`
`Circular 1
`
`2  1.0512
`
`Petitioner Apple Inc.
`Ex. 1014, p. 1
`
`

`

`examples include recordings of music, drama, or lectures. A
`sound recording is not the same as a phonorecord. A phono-
`record is the physical object in which works of authorship are
`embodied. The word “phonorecord” includes cassette tapes,
`CDs, and vinyl disks as well as other formats.
`
`• Minors may claim copyright, but state laws may regulate
`the business dealings involving copyrights owned by
`minors. For information on relevant state laws, consult an
`attorney.
`
`Copyright Basics · 2
`
`Who Can Claim Copyright?
`
`Copyright protection subsists from the time the work is cre­
`ated in fixed form. The copyright in the work of authorship
`immediately becomes the property of the author who cre­
`ated the work. Only the author or those deriving their rights
`through the author can rightfully claim copyright.
`In the case of works made for hire, the employer and not
`the employee is considered to be the author. Section 101 of
`the copyright law defines a “work made for hire” as:
`
`1 a work prepared by an employee within the scope of his or
`her employment; or
`
`2 a work 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 supplementary work
`• a compilation
`• an instructional text
`• a test
`• answer material for a test
`• 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.
`
`The authors of a joint work are co­owners of the copyright
`in the work, unless there is an agreement to the contrary.
`Copyright in each separate contribution to a periodical
`or other collective work is distinct from copyright in the col­
`lective work as a whole and vests initially with the author of
`the contribution.
`
`Two General Principles
`• Mere ownership of a book, manuscript, painting, or any
`other copy or phonorecord does not give the possessor
`the copyright. The law provides that transfer of ownership
`of any material object that embodies a protected work
`does not of itself convey any rights in the copyright.
`
`Copyright and National Origin of the Work
`
`Copyright protection is available for all unpublished works,
`regardless of the nationality or domicile of the author.
`Published works are eligible for copyright protection in the
`United States if any one of the following conditions is met:
`
`• On the date of first publication, one or more of the
`authors is a national or domiciliary of the United States,
`or is a national, domiciliary, or sovereign authority of a
`treaty party,* or is a stateless person wherever that person
`may be domiciled; or
`
`• The work is first published in the United States or in a
`foreign nation that, on the date of first publication, is a
`treaty party. For purposes of this condition, a work that is
`published in the United States or a treaty party within 30
`days after publication in a foreign nation that is not a
`treaty party shall be considered to be first published in the
`United States or such treaty party, as the case may be; or
`
`• The work is a sound recording that was first fixed in a
`treaty party; or
`
`• The work is a pictorial, graphic, or sculptural work that
`is incorporated in a building or other structure, or an
`architectural work that is embodied in a building and the
`building or structure is located in the United States or a
`treaty party; or
`
`• The work is first published by the United Nations or
`any of its specialized agencies, or by the Organization of
`American States; or
`
`• The work is a foreign work that was in the public domain
`in the United States prior to 1996 and its copyright was
`restored under the Uruguay Round Agreements Act
`(URAA). See Circular 38b, Highlights of Copyright Amend-
`ments Contained in the Uruguay Round Agreements Act
`(URAA-GATT), for further information.
`
`• The work comes within the scope of a presidential
`proclamation.
`
`*A treaty party is a country or intergovernmental organization
`other than the United States that is a party to an interna-
`tional agreement.
`
`Petitioner Apple Inc.
`Ex. 1014, p. 2
`
`

`

`What Works Are Protected?
`
`Copyright protects “original works of authorship” that are
`fixed in a tangible form of expression. The fixation need not
`be directly perceptible so long as it may be communicated
`with the aid of a machine or device. Copyrightable works
`include the following categories:
`1 literary works
`2 musical works, including any accompanying words
`3 dramatic works, including any accompanying music
`4 pantomimes and choreographic works
`5 pictorial, graphic, and sculptural works
`6 motion pictures and other audiovisual works
`7 sound recordings
`8 architectural works
`
`These categories should be viewed broadly. For example,
`computer programs and most “compilations” may be regis­
`tered as “literary works”; maps and architectural plans may
`be registered as “pictorial, graphic, and sculptural works.”
`
`What Is Not Protected by Copyright?
`
`Several categories of material are generally not eligible for
`federal copyright protection. These include among others:
`
`• works that have not been fixed in a tangible form of
`expression (for example, choreographic works that have
`not been notated or recorded, or improvisational speeches
`or performances that have not been written or recorded)
`
`• titles, names, short phrases, and slogans; familiar symbols
`or designs; mere variations of typographic ornamentation,
`lettering, or coloring; mere listings of ingredients or contents
`
`• ideas, procedures, methods, systems, processes, concepts,
`principles, discoveries, or devices, as distinguished from a
`description, explanation, or illustration
`
`• works consisting entirely of information that is common
`property and containing no original authorship (for
`example: standard calendars, height and weight charts,
`tape measures and rulers, and lists or tables taken from
`public documents or other common sources)
`
`How to Secure a Copyright
`Copyright Secured Automatically upon Creation
`The way in which copyright protection is secured is frequently
`misunderstood. No publication or registration or other action
`
`Copyright Basics · 3
`
`in the Copyright Office is required to secure copyright. See the
`following note. There are, however, certain definite advantages
`to registration. See Copyright Registration on page 7.
`Copyright is secured automatically when the work is cre­
`ated, and a work is “created” when it is fixed in a copy or
`phonorecord for the first time. “Copies” are material objects
`from which a work can be read or visually perceived either
`directly or with the aid of a machine or device, such as books,
`manuscripts, sheet music, film, videotape, or microfilm.
`“Phonorecords” are material objects embodying fixations of
`sounds (excluding, by statutory definition, motion picture
`soundtracks), such as cassette tapes, CDs, or vinyl disks.
`Thus, for example, a song (the “work”) can be fixed in sheet
`music (“copies”) or in phonograph disks (“phonorecords”),
`or both. If a work is prepared over a period of time, the part
`of the work that is fixed on a particular date constitutes the
`created work as of that date.
`
`Publication
`
`Publication is no longer the key to obtaining federal copy­
`right as it was under the Copyright Act of 1909. However,
`publication remains important to copyright owners.
`The 1976 Copyright Act defines publication as follows:
`
`“Publication” is the distribution of copies or phonorecords
`of a work to the public by sale or other transfer of owner-
`ship, 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.
`
`note: Before 1978, federal copyright was generally secured
`by the act of publication with notice of copyright, assuming
`compliance with all other relevant statutory conditions. U. S.
`works in the public domain on January 1, 1978, (for example,
`works published without satisfying all conditions for securing
`federal copyright under the Copyright Act of 1909) remain in
`the public domain under the 1976 Copyright Act.
` Certain foreign works originally published without notice
`had their copyrights restored under the Uruguay Round
`Agreements Act (URAA). See Circular 38b and see Notice of
`Copyright section on page 4 for further information.
`
`Federal copyright could also be secured before 1978 by the
`act of registration in the case of certain unpublished works
`and works eligible for ad interim copyright. The 1976 Copy-
`right Act automatically extended copyright protection to full
`term for all works that, as of January 1, 1978, were subject to
`statutory protection.
`
`Petitioner Apple Inc.
`Ex. 1014, p. 3
`
`

`

`A further discussion of the definition of “publication” can
`be found in the legislative history of the 1976 Copyright
`Act. The legislative reports define “to the public” as distri­
`bution to persons under no explicit or implicit restrictions
`with respect to disclosure of the contents. The reports state
`that the definition makes it clear that the sale of phonore­
`cords constitutes publication of the underlying work, for
`example, the musical, dramatic, or literary work embodied
`in a phonorecord. The reports also state that it is clear that
`any form of dissemination in which the material object does
`not change hands, for example, performances or displays on
`television, is not a publication no matter how many people
`are exposed to the work. However, when copies or phono­
`records are offered for sale or lease to a group of wholesalers,
`broadcasters, or motion picture theaters, publication does
`take place if the purpose is further distribution, public per­
`formance, or public display.
`Publication is an important concept in the copyright law
`for several reasons:
`
`• Works that are published in the United States are subject
`to mandatory deposit with the Library of Congress. See
`discussion on “Mandatory Deposit for Works Published
`in the United States” on page 10.
`
`• Publication of a work can affect the limitations on the
`exclusive rights of the copyright owner that are set forth
`in sections 107 through 122 of the law.
`
`• The year of publication may determine the duration of
`copyright protection for anonymous and pseudonymous
`works (when the author’s identity is not revealed in the
`rec ords of the Copyright Office) and for works made for
`hire.
`
`• Deposit requirements for registration of published works
`differ from those for registration of unpublished works.
`See discussion on “Registration Procedures” on page 7.
`
`• When a work is published, it may bear a notice of copy­
`right to identify the year of publication and the name of
`the copyright owner and to inform the public that the
`work is protected by copyright. Copies of works pub­
`lished before March 1, 1989, must bear the notice or risk
`loss of copyright protection. See discussion on “Notice of
`Copyright” below.
`
`Notice of Copyright
`
`Copyright Basics · 4
`
`contain such a requirement, however, the use of notice is still
`relevant to the copyright status of older works.
`Notice was required under the 1976 Copyright Act. This
`requirement was eliminated when the United States adhered
`to the Berne Convention, effective March 1, 1989. Although
`works published without notice before that date could have
`entered the public domain in the United States, the Uruguay
`Round Agreements Act (URAA) restores copyright in certain
`foreign works originally published without notice. For fur­
`ther information about copyright amendments in the URAA,
`see Circular 38b.
`The Copyright Office does not take a position on whether
`copies of works first published with notice before March 1,
`1989, which are distributed on or after March 1, 1989, must
`bear the copyright notice.
`Use of the notice may be important because it informs
`the public that the work is protected by copyright, identifies
`the copyright owner, and shows the year of first publication.
`Furthermore, in the event that a work is infringed, if a proper
`notice of copyright appears on the published copy or copies to
`which a defendant in a copyright infringement suit had access,
`then no weight shall be given to such a defendant’s interposi­
`tion of a defense based on innocent infringement in mitigation
`of actual or statutory damages, except as provided in section
`504(c)(2) of the copyright law. Innocent infringement occurs
`when the infringer did not realize that the work was protected.
`The use of the copyright notice is the responsibility of the
`copyright owner and does not require advance permission
`from, or registration with, the Copyright Office.
`
`Form of Notice for Visually Perceptible Copies
`The notice for visually perceptible copies should contain all
`the following three elements:
`1 The symbol © (the letter C in a circle), or the word
`“Copyright,” or the abbreviation “Copr.”; and
`
`2 The year of first publication of the work. In the case of
`compilations or derivative works incorporating previously
`published material, the year date of first publication of
`the compilation or derivative work is sufficient. The year
`date may be omitted where a pictorial, graphic, or sculp­
`tural work, with accompanying textual matter, if any, is
`reproduced in or on greeting cards, postcards, stationery,
`jewelry, dolls, toys, or any useful article; and
`
`3 The name of the owner of copyright in the work, or an
`abbreviation by which the name can be recognized, or a
`generally known alternative designation of the owner.
`
`The use of a copyright notice is no longer required under
`U. S. law, although it is often beneficial. Because prior law did
`
`Example: © 2011 John Doe
`
`Petitioner Apple Inc.
`Ex. 1014, p. 4
`
`

`

`The “C in a circle” notice is used only on “visually percep­
`tible copies.” Certain kinds of works—for example, musical,
`dramatic, and literary works—may be fixed not in “copies”
`but by means of sound in an audio recording. Since audio
`recordings such as audio tapes and phonograph disks are
`“phonorecords” and not “copies,” the “C in a circle” notice is
`not used to indicate protection of the underlying musical,
`dramatic, or literary work that is recorded.
`
`Form of Notice for Phonorecords of Sound Recordings
`The notice for phonorecords embodying a sound recording
`should contain all the following three elements:
`1 The symbol π (the letter P in a circle); and
`2 The year of first publication of the sound recording; and
`
`3 The name of the owner of copyright in the sound
`recording, or an abbreviation by which the name can be
`recognized, or a generally known alternative designation
`of the owner. If the producer of the sound recording is
`named on the phonorecord label or container and if no
`other name appears in conjunction with the notice, the
`producer’s name shall be considered a part of the notice.
`
`Example: π 2011 A.B.C. Records Inc.
`
`note: Since questions may arise from the use of variant
`forms of the notice, you may wish to seek legal advice before
`using any form of the notice other than those given here.
`
`Position of Notice
`The copyright notice should be affixed to copies or phonore­
`cords in such a way as to “give reasonable notice of the claim
`of copyright.” The three elements of the notice should ordi­
`narily appear together on the copies or phonorecords or on
`the phonorecord label or container. The Copyright Office
`has issued regulations concerning the form and position of
`the copyright notice in the Code of Federal Regulations (37 CFR
`201.20). For more information, see Circular 3, Copyright Notice.
`
`Publications Incorporating U. S. Government Works
`Works by the U. S. government are not eligible for U. S. copy­
`right protection. For works published on and after March
`1, 1989, the previous notice requirement for works consist­
`ing primarily of one or more U. S. government works has
`been eliminated. However, use of a notice on such a work
`will defeat a claim of innocent infringement as previously
`described provided the notice also includes a statement that
`identifies either those portions of the work in which copy­
`right is claimed or those portions that constitute U. S. gov­
`ernment material.
`
`Copyright Basics · 5
`
`Example: © 2011 Jane Brown
`Copyright claimed in chapters 7–10,
`exclusive of U. S. government maps
`
`Copies of works published before March 1, 1989, that con­
`sist primarily of one or more works of the U. S. government
`should have a notice and the identifying statement.
`
`Unpublished Works
`The author or copyright owner may wish to place a copyright
`notice on any unpublished copies or phonorecords that leave
`his or her control.
`
`Example: Unpublished work © 2011 Jane Doe
`
`Omission of Notice and Errors in Notice
`The 1976 Copyright Act attempted to ameliorate the strict
`consequences of failure to include notice under prior law. It
`contained provisions that set out specific corrective steps
`to cure omissions or certain errors in notice. Under these
`provisions, an applicant had five years after publication to
`cure omission of notice or certain errors. Although these
`provisions are technically still in the law, their impact has
`been limited by the amendment making notice optional for
`all works published on and after March 1, 1989. For further
`information, see Circular 3.
`
`How Long Copyright Protection Endures
`Works Originally Created on or after January 1, 1978
`A work that was created (fixed in tangible form for the first
`time) on or after January 1, 1978, is automatically protected
`from the moment of its creation and is ordinarily given a
`term enduring for the author’s life plus an additional 70
`years after the author’s death. In the case of “a joint work
`prepared by two or more authors who did not work for hire,”
`the term lasts for 70 years after the last surviving author’s
`death. For works made for hire, and for anonymous and
`pseudonymous works (unless the author’s identity is revealed
`in Copyright Office records), the duration of copyright will
`be 95 years from publication or 120 years from creation,
`whichever is shorter.
`
`Works Originally Created Before January 1, 1978,
`But Not Published or Registered by That Date
`These works have been automatically brought under the stat­
`ute and are now given federal copyright protection. The du ­
`ration of copyright in these works is generally computed in
`the same way as for works created on or after January 1, 1978:
`
`Petitioner Apple Inc.
`Ex. 1014, p. 5
`
`

`

`the life­plus­70 or 95/120­year terms apply to them as well.
`The law provides that in no case would the term of copy right
`for works in this category expire before December 31, 2002,
`and for works published on or before December 31, 2002, the
`term of copyright will not expire before December 31, 2047.
`
`Works Originally Created and Published or Registered
`before January 1, 1978
`Under the law in effect before 1978, copyright was secured
`either on the date a work was published with a copyright
`notice or on the date of registration if the work was reg­
`istered in unpublished form. In either case, the copyright
`endured for a first term of 28 years from the date it was
`secured. During the last (28th) year of the first term, the
`copyright was eligible for renewal. The Copyright Act of 1976
`extended the renewal term from 28 to 47 years for copyrights
`that were subsisting on January 1, 1978, or for pre­1978 copy­
`rights restored under the Uruguay Round Agreements Act
`(URAA), making these works eligible for a total term of pro­
`tection of 75 years. Public Law 105­298, enacted on October
`27, 1998, further extended the renewal term of copyrights
`still subsisting on that date by an additional 20 years, provid­
`ing for a renewal term of 67 years and a total term of protec­
`tion of 95 years.
`Public Law 102­307, enacted on June 26, 1992, amended
`the 1976 Copyright Act to provide for automatic renewal of
`the term of copyrights secured between January 1, 1964, and
`December 31, 1977. Although the renewal term is automati­
`cally provided, the Copyright Office does not issue a renewal
`certificate for these works unless a renewal application and
`fee are received and registered in the Copyright Office.
`Public Law 102­307 makes renewal registration optional.
`Thus, filing for renewal registration is no longer required
`to extend the original 28­year copyright term to the full 95
`years. However, some benefits accrue to renewal registrations
`that were made during the 28th year.
`For more detailed information on renewal of copyright
`and the copyright term, see Circular 15, Renewal of Copyright;
`Circular 15a, Duration of Copyright; and Circular 15t, Extension
`of Copyright Terms.
`
`Copyright Basics · 6
`
`A copyright may also be conveyed by operation of law and
`may be bequeathed by will or pass as personal property by
`the applicable laws of intestate succession.
`Copyright is a personal property right, and it is subject to
`the various state laws and regulations that govern the owner­
`ship, inheritance, or transfer of personal property as well as
`terms of contracts or conduct of business. For information
`about relevant state laws, consult an attorney.
`Transfers of copyright are normally made by contract. The
`Copyright Office does not have any forms for such transfers.
`The law does provide for the recordation in the Copyright
`Office of transfers of copyright ownership. Although recor­
`dation is not required to make a valid transfer between the
`parties, it does provide certain legal advantages and may be
`required to validate the transfer as against third parties. For
`information on recordation of transfers and other docu­
`ments related to copyright, see Circular 12, Recordation of
`Transfers and Other Documents.
`
`Termination of Transfers
`Under the previous law, the copyright in a work reverted to
`the author, if living, or if the author was not living, to other
`specified beneficiaries, provided a renewal claim was regis­
`tered in the 28th year of the original term.* The present law
`drops the renewal feature except for works already in the first
`term of statutory protection when the present law took effect.
`Instead, the present law permits termination of a grant of
`rights after 35 years under certain conditions by serving writ­
`ten notice on the transferee within specified time limits.
`For works already under statutory copyright protection
`before 1978, the present law provides a similar right of ter­
`mination covering the newly added years that extended the
`former maximum term of the copyright from 56 to 95 years.
`For further information, see circulars 15a and 15t.
`
`*note: The copyright in works eligible for renewal on or after
`June 26, 1992, will vest in the name of the renewal claimant
`on the effective date of any renewal registration made during
`the 28th year of the original term. Otherwise, the renewal
`copyright will vest in the party entitled to claim renewal as of
`December 31st of the 28th year.
`
`Transfer of Copyright
`
`Any or all of the copyright owner’s exclusive rights or any
`subdivision of those rights may be transferred, but the trans­
`fer of exclusive rights is not valid unless that transfer is in
`writing and signed by the owner of the rights conveyed or
`such owner’s duly authorized agent. Transfer of a right on a
`nonexclusive basis does not require a written agreement.
`
`International Copyright Protection
`
`There is no such thing as an “international copyright” that
`will automatically protect an author’s writings throughout
`the entire world. Protection against unauthorized use in a
`particular country depends, basically, on the national laws of
`that country. However, most countries do offer protection to
`
`Petitioner Apple Inc.
`Ex. 1014, p. 6
`
`

`

`foreign works under certain conditions, and these conditions
`have been greatly simplified by international copyright trea­
`ties and conventions. For further information and a list of
`countries that maintain copyright relations with the United
`States, see Circular 38a, International Copyright Relations of
`the United States.
`
`Copyright Registration
`
`In general, copyright registration is a legal formality intended
`to make a public record of the basic facts of a particular copy ­
`right. However, registration is not a condition of copyright
`protection. Even though registration is not a requirement for
`protection, the copyright law provides several inducements
`or advantages to encourage copyright owners to make regis­
`tration. Among these advantages are the following:
`
`• Registration establishes a public record of the copyright
`claim.
`
`• Before an infringement suit may be filed in court, regis­
`tration is necessary for works of U. S. origin.
`
`• If made before or within five years of publication, regis­
`tration will establish prima facie evidence in court of
`the validity of the copyright and of the facts stated in
`the certificate.
`
`• If registration is made within three months after publica­
`tion of the work or prior to an infringement of the work,
`statutory damages and attorney’s fees will be available to
`the copyright owner in court actions. Otherwise, only an
`award of actual damages and profits is available to the
`copyright owner.
`
`• Registration allows the owner of the copyright to record
`the registration with the U. S. Customs Service for pro­
`tection against the importation of infringing copies. For
`additional information, go to the U. S. Customs and
`Border Protection website at www.cbp.gov/.
`
` Registration may be made at any time within the life of
`the copyright. Unlike the law before 1978, when a work has
`been registered in unpublished form, it is not necessary to
`make another registration when the work becomes published,
`although the copyright owner may register the published
`edition, if desired.
`
`Copyright Basics · 7
`
`Registration Procedures
`Filing an Original Claim to Copyright with the
`U.S. Copyright Office
`An application for copyright registration contains three
`essential elements: a completed application form, a nonre­
`fundable filing fee, and a nonreturnable deposit—that is, a
`copy or copies of the work being registered and “deposited”
`with the Copyright Office.
`If you apply online for copyright registration, you will
`receive an email saying that your application was received.
`If you apply for copyright registration using a paper appli­
`cation, you will not receive an acknowledgment that your
`application has been received (the Office receives more than
`600,000 applications annually). With either online or paper
`applications, you can expect:
`
`• a letter, telephone call or email from a Copyright Office
`staff member if further information is needed or
`
`• a certificate of registration indicating that the work has
`been registered, or if the application cannot be accepted,
`a letter explaining why it has been rejected
`
`Requests to have certificates available for pickup in the
`Public Information Office or to have certificates sent by Fed­
`eral Express or another mail service cannot be honored.
`If you apply using a paper application and you want to
`know the date that the Copyright Office receives your mate­
`rial, send it by registered or certified mail and request a
`return receipt.
`You can apply to register your copyright in one of two
`ways.
`
`Online Application
`Online registration through the electronic Copyright Office
`(eCO) is the preferred way to register basic claims for literary
`works; visual arts works; performing arts works, including
`motion pictures; sound recordings; and single serials. Advan­
`tages of online filing include:
`
`• a lower filing fee
`
`• the fastest processing time
`
`• online status tracking
`
`• secure payment by credit or debit card, electronic check,
`or Copyright Office deposit account
`
`• the ability to upload certain categories of deposits directly
`into eCO as electronic files
`
`Petitioner Apple Inc.
`Ex. 1014, p. 7
`
`

`

`note: You can still register using eCO and save money even if
`you will submit a hard-copy deposit, which is required under
`the mandatory deposit requirements for certain published
`works. The system will prompt you to specify whether you
`intend to submit an electronic or a hard-copy deposit, and it
`will provide instructions accordingly.
`
`Basic claims include (1) a single work; (2) multiple unpub­
`lished works if the elements are assembled in an orderly
`form; the combined elements bear a single title identifying
`the collection as a whole; the copyright claimant in all the
`elements and in the collection as a whole is the same; and
`all the elements are by the same author or, if they are by dif­
`ferent authors, at least one of the authors has contributed
`copyrightable authorship to each element; and (3) multiple
`published works if they are all first published together in the
`same publication on the same date and owned by the same
`claimant.
`Online submissions of groups of published photographs
`and automated databases consisting predominantly of
`photographs may be permitted if the applicant first calls
`the Visual Arts Division (202) 707­8202) for approval and
`special instructions. See the Copyright Office website at
`www.copyright.gov for further information. To access eCO,
`go to the Copyright Office website and click on electronic
`Copyright Office.
`
`Paper Application
`You can also register your copyright using forms TX (literary
`works); VA (visual arts works); PA (performing arts works,
`including motion pictures); SR (sound recordings); and SE
`(single serials). To access all forms, go to the Copyright Office
`website and click on Forms. On your personal computer,
`complete the form for the type of work you are registering,
`print it out, and mail it with a check or money order and
`your deposit. Blank forms can also be printed out and com­
`pleted by hand, or they may be requested by postal mail or by
`calling the Forms and Publications Hotline at (202) 707­9100
`(limit of two copies of each