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23-Nov-2017 10:32

The Constitution of the United States provides, in Article I, section 8, that the "Congress shall have Power ... The Copyright Office is a department of the Library of Congress, and the Register of Copyrights is also Assistant Librarian of Congress for Copyright Services.

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The U. copyright law is based upon the above provision of the Constitution, especially as it relates to the "Writings" of "Authors." The current copyright law is the Copyright Act which became fully effective on January 1, 1978, including Title 17 of the United States Code, and amendments thereof. In addition to its principal function, which is the performance of all duties relating to the registration of copyrights, the policies and practices of the Copyright Office are also designed to promote the overall objectives of the Library of Congress. Section 410(a) of the current law specifies that when, "after examination, the Register determines that ..material deposited constitutes copyrightable subject matter and that the other legal and formal requirements.

The Copyright Office will register the claim even though there is a reasonable doubt about the ultimate action which might be taken under the same circumstances by an appropriate court with respect to whether (1) the material deposited for registration constitutes copyrightable subject matter or (2) the other legal and formal requirements of the statute have been met. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work." 17 U. A fictionalization is a treatment of a factual work in which the elements are recast, trans formed, or adapted to produce a work of fiction. A compilation is registrable if its selection, coordination, or arrangement as a whole constitutes an original work of authorship.

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The Copyright Office registers claims to copyright whenever the requirements of the law appear to be met. The Copyright Office does not generally make comparisons of copyright deposits to determine whether or not particular material has already been registered.The foregoing constitute the basis for the establishment and maintenance by the Copyright Office of a reliable and useful public record which includes all registrations of copyright claims and recordations of documents pertaining to copyrights.

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