300-13
316
Copyright ownership as distinct from ownership of material object. Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of the material object does not of itself convey any rights in the copyrighted work, nor, in the absence of an agreement, does the transfer of ownership of a copyright convey property rights in any material object. See 17 U.S.C. 202.
316.01
Letters and diaries. In the case of letters, the author of the letter and not the recipient or possessor has the right to claim copyright. Similarly, the mere possession of a diary does not entitle the possessor to claim copyright, regardless of whether the material object was purchased or found. Letters and diaries are often published with additional new material such as a foreword or explanatory notes; registration may be made for this new material, provided that it represents at least a certain minimum amount of copyrightable authorship. However, applications for works consisting of letters or diaries should contain information regarding the author of these works only where the claimant named on the application is authorized to claim copyright in this material. Where the author of the letter or diary is named on the application and is not also the claimant, the application must state how the rights in the letter or diary were transferred to the claimant.
317
Interviews. A work consisting of an interview often contains copyrightable authorship by the person interviewed and the interviewer. Each has the right to claim copyright in his or her own expression in the absence of a valid agreement to the contrary. Where an application for such a work names only the interviewee or the interviewer as author and claimant, and where
[1984]
