Copyright Registration of Computer Programs 6
Videogames
A videogame typically contains two major components: audiovisual material that appears on screen
and the computer program that runs the game. You can register the audiovisual material for a
videogame and the computer program that runs it with one application if the same party owns the
copyright in the program and the audiovisual material. If the works have been published, they must
have been published together as a single unit. If the program and the audiovisual material were
published separately, or if different parties own them, each element is considered a separate work,
and you must submit a separate application for each.
If the videogame has been fixed in a CD-ROM, mail one complete copy of the entire CD-ROM
package, including a complete copy of any accompanying instruction manual. If the videogame has
not been fixed in a CD-ROM, submit identifying material, such as a photograph, that contains rep-
resentative portions of the audiovisual elements of the videogame and a brief written description of
the game. You can upload identifying material to the electronic registration system, or you can mail
it to the Office in a physical form. To register a videogame together with the computer program that
runs it, include a portion of the source code using one of the options discussed above.
For more information about deposit requirements for videogames, see
chapter 1500, section
1509.2(E)(2), of the Compendium.
Applications Submitted with Object Code Deposits
The Copyright Office strongly prefers that you submit your copyright application using a source
code deposit. You can submit a deposit using the object code of the computer program; however,
your claim will be subject to the Copyright Office’s Rule of Doubt. The rule notifies interested
parties that although the Office has accepted the claim submitted, it is unwilling to grant a
presumption of validity to certain aspects of the claim. For more information about the Rule of
Doubt, see
chapter 600, section 607, of the Compendium.
If you decide to submit an object code deposit, you must state in writing that the object code
contains copyrightable authorship, and you must request registration under the Rule of Doubt. If
the object code contains the copyright notice for the program, you must submit the portion of the
code where the notice appears. The notice should be underlined or highlighted, and the content of
the notice should be presented in words and numbers that an examiner can read.
The Office will examine the object code to determine whether the formal and legal requirements
for registration have been met. The Office will not, however, make any determination concerning
the copyrightability of object code. Instead, it will accept the applicant’s assertion that the object
code contains copyrightable authorship and will register the program under the Rule of Doubt.
Special Relief from Deposit Requirements
The Copyright Office is authorized to grant special relief from deposit requirements in appropriate
circumstances. If the source code for a particular version of a computer program is no longer avail-
able, you still may be able to register that version if a substantial portion of the code appears in an
earlier or later version of the same program.
All requests for special relief must be made in writing. You must state the specific reason(s) why
you cannot submit the source code for the specific version you want to register, and you must