[E-trademarks] Off Topic Copyright Question New Version vs Derivative Work

[Richard Straussman]

Colleagues who do lots of copyright registrations:

(I thought that there was a separate Copyright list, but can't seem to 
find any past messages in my Inbox).

     I am trying to discern, for purposes of filing for copyright 
registration, whether the following (somewhat fictitious, but analogous) 
fact pattern would represent filing for registration of a "new version" 
or merely a derivative work (I know that a new version IS ITSELF a 
derivative work).

     Assume a person created and published an 8 page research paper 5 
years ago and at the time person got a copyright registration for it as 
a published work.  Now, the person creates an 80 page booklet that 
includes, substantially /verbatim/ scattered throughout, about 5 pages 
of text from their copyrighted work, albeit not necessarily always 
contiguous.  All of the rest (for which they would now seek registration 
as an unpublished work) is new and original to them and the rest would 
be properly identified as subject to the prior copyright.

     My question is:  Is the new work specifically to be identified as a 
"new version" or merely as a derivative work?  As a practical matter, 
does it make a difference with respect to validity in any way if we call 
it a derivative work and it really is a "new version" or vice versa?

     I know that the Copyright Office can get pedantic about trivial 
things (cue sarcasm - unlike the USPTO), so I would like to be correct 
on this point, since the bulletins from the Copyright Office make a 
distinction, there must be SOME reason.

     Thanks in advance!!

-- 
*Richard Straussman**
* *Senior Counsel*
* Registered Patent Attorney
* Member NY, NJ & CT Bars
*. . . . . . . . . . . . . .*
*Weitzman Law Offices, LLC*
*Intellectual Property Law*
425 Eagle Rock Avenue, Suite 401 (PLEASE NOTE THE SUITE CHANGE)
Roseland, NJ 07068
*direct line* 973.403.9943
*main* 973.403.9940
*fax*973.403.9944
*e-mail*rstraussman at weitzmanip.com

*http://www.weitzmanip.com
*


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