published material, previously registered material, public domain material, or third party material, the applicant should exclude that material from the claim.
• Previously published material: Frequently applicants submit websites or website content that contain previously published material, but fail to exclude that material from the claim. If the deposit copy(ies) contain material, that was published on any day or twenty-four period prior to the date of first publication specified in the application, the applicant should exclude that material using the procedure described in Chapter 600, Section 621.8(B). When completing an online application, the applicant should identify the previously published material on the Limitation of Claim screen in the Material Excluded field. When completing a paper application, the applicant should identify this material in space 6(a) under the heading marked Preexisting Material.
• Previously registered material: If the deposit copy(ies) contain material that has been previously registered, the applicant should exclude that material from the claim (regardless of whether the material is published or unpublished]. Specifically, the applicant should provide the registration number and year of registration for the previously registered material in the Previous Registration field of the online application or in space 5 of the paper application. For guidance in completing this portion of the application, see Chapter 600, Section 621.8(F).
• Content owned by a third party: If the deposit copy(ies) contain content that is owned by someone other than the claimant, the applicant should exclude that content from the claim (regardless of whether the content is published or unpublished). When completing an online application, the applicant should identify the third party content in the Material Excluded field. When completing a paper application the applicant should provide this information in space 6(a). For guidance in completing this portion of the application, see Chapter 600, Sections 621.7 and 621.8(B).
• Public domain material: If the deposit copy(ies) contain material that is in the public domain, the applicant should identify that material in the Material Excluded field of the online application or in space 6(a) of the paper application. For guidance in completing this portion of the application, see Chapter 600, Sections 621.7 and 621.8(B).
In addition, the applicant should identify the new copyrightable material that the author contributed to the website or the website content. When completing an online application, the applicant should provide this information on the Limitation of Claim screen. Specifically, the applicant should check one or more of the boxes in the New Material Included field that accurately describes the author's contribution. If none of these terms fully describe the new material that the author contributed to the website, the applicant should provide a more specific description in the field marked Other. For guidance on completing this field, see Chapter 600, Section 621.8(C)(1).
When completing a paper application, the applicant should provide this information in space 6(b) under the heading marked Material Added to This Work. For guidance in completing this portion of the application, see Chapter 600, Section 621.8(C)(2).
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