300-24
325
Completing the application form. (cont'd)
325.01
Asserting a claim in a derivative computer program. (cont'd)
325.01(a)
When a "material added" statement is not required. When the preexisting material has never been registered or published or when the amount of preexisting material is not substantial, the "material added" statement on the application need not be completed.
Examples:
1)
A computer program entitled "X-103 program, Version 3" incorporating material from two earlier developmental versions that remained unregistered and unpublished would not be considered a derivative computer program for registration purposes. No "material added" statement would be required.
2)
The application for a derivative program containing a total of 5,000 lines of program text, 50 of which were published previously, would not be required to give a "material added" statement. However, if such a statement were given, the Office would not ask to have it deleted.
325.01(b)
When a "material added" statement is required. The Copyright Office will require a "material added" statement on an application for a derivative computer program only when the previously published or registered or public domain material contained in the new version of the program is substantial or, in relation to the work as a whole, represents a significant portion of the work.
[1984]
