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

[Stacey Friends]

Hi, Richard, I do not recall there being any such requirement.  I agree with Sam, there is just  a space where you  disclaim previously existing or registered material.


From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Sam Castree via E-trademarks
Sent: Thursday, February 1, 2024 3:43 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Sam Castree <sam at castreelaw.com>
Subject: Re: [E-trademarks] Off Topic Copyright Question New Version vs Derivative Work

Dear Richard,

I don't specifically remember there being anything in the online copyright registration form about whether something is a derivative work.  There is a page in which you disclaim any prior registrations and other preexisting material that isn't being registered, so the previous registration number would be included there.  But I don't think that you have to specify anything about derivative works.

Cheers,

Sam Castree, III

Sam Castree Law, LLC
3421 W. Elm St.
McHenry, IL 60050
(815) 344-6300



On Thu, Feb 1, 2024 at 2:30 PM Richard Straussman via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
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  All of the rest (for which they would now seek registration as an unpublished work) is new and original to them and the rest would be properly identified as subject to the prior copyright.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!!
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