S-17
3.
An appropriate disclaimer should be given on the application where a work contains a substantial amount of Government material as well as material privately authorised. However, where the Government Material is very minor no disclaimer is necessary provided the work is not a collective work. (For the practice as to collective works, see item II.b.6). If the examiner has a doubt as to whether the Government material is "very minor", he should write for a disclaimer. In no case should the examiner accept an application which lists a Government officer or employee as an author of Government material no matter how minor that material may be.
4.
If the Office has information indicating that a work printed and distributed privately with a copyright notice was authored by a U.S. Government agency, we will inquire as to the Government's authorship of the work.
Examples:
(1)
Goverment agency is named as the claimant or author.
(2)
A Government officer in his official capacity is named as the claimant or author.
(3)
The work appears to be an official report of the U.S. Government.
b.
Private authorship.
1.
A work whose author is a Govenment officer or employee who had prepared the material on his own time as his own personal work and not as a part of his official duties, is not a Government publication and may be considered for registration.
2.
A work prepared under a Govenment grant or contract, or sponsored by a Government agency, may be considered for registration without correspondence.
Example:
A work in which the copies bear the legend: "This report prepared by Arthur Little Company under U.8. Defense Department Contract LF-1330" and the Little Company is named as claimant and author on the application.
3.
The work of a private author, though printed and distributed by the Government for its use, is not necessarily a Government publication. A copyright clam by the private author may be registrable.
