300-4
305
Noncopyrightable material. (cont'd)
305.08
Limits on copyrightability. (cont'd)
305.08(a)
Works in the public domain. Works in the public domain in the United states cannot be the subject of U.s. copyright protection. See section 203 of Chapter 200: COPYRIGHTABLE MATTER - IN GENERAL.
305.08(b)
Nondramatic literary works unlawfully employing other works under copyright protection. Nondramatic literary works that unlawfully employ another work under copyright protection are not themselves subject to copyright protection if they are inseparably intertwined with the preexisting work. See 17 U.S.C. 103(a) and H.R. Rep. 94-1476, 94th Cong., 2d Sess. 57-8 (1976). For example, an unlawful English-language translation that cannot be separated from the original French-language version would not be registrable. However, the Copyright Office does not generally investigate the copyright status of preexisting material or whether it has been used lawfully. Where a work unlawfully employs preexisting copyrighted material that is separate from the new material, the new work is registrable.
305.08(c)
Works of the U.S. Government. Works of the U.S. Government are works prepared by an officer or employee of the U.S. Government as part of that person's official duties. Ordinarily, such works are in the public domain in the United States. See section 206 of Chapter 200: COPYRIGHTABLE MATTER -- IN GENERAL.
[1984]
