Registering One Version of a Non-Photographic Database

What can be registered?

To register a new single-file database with the Copyright Office, the database must contain sufficient original or creative compilation authorship.

For copyright purposes, a compilation is the selection, coordination, and/or arrangement of preexisting material or data in such a way that the resulting work as a whole constitutes an original work of authorship.

A registration may extend to (i) the compilation authorship present in the database, or (ii) the compilation and the new copyrightable content within the records (text, photographs, artwork, etc.) that the claimant legally owns. The registration may extend only to the compilation and copyrightable content owned by the claimant that was published (or created, if unpublished) on one particular day.

To be registered as a database, the database must contain sufficient compilation authorship (selection, coordination, and/or arrangement). Without compilation, the content of the data records cannot support a database registration. The content within the data records may be included in the database registration only if the content is (i) copyrightable, (ii) part of a copyrightable compilation, and (iii) owned by the same claimant.

Example: The Global Foodie Database

You selected 1,000 restaurants from around the world to include in your database. You identified common data points to capture, such as star rating, head chef, year opened, most popular dishes, and other factual information. You categorized the restaurants by cuisine, location, hours of operation, average price, star rating, and seating/delivery/takeout options, among other factors. Users cannot browse the data in this database. They can access the data only via a query function.

A registration for this database may cover the selection, coordination, and arrangement of the data points if the compilation of information is sufficiently creative. It would not cover the individual data points, because the facts themselves are not protected by copyright.

Application(s) and Fee(s)

A new single-file database may be registered using either:

The Copyright Office’s current fee schedule is available here: copyright.gov/about/fees.html

Deposit Requirements

A deposit for a new single-file database must include:

  1. The first twenty-five and last twenty-five pages of complete database records

    NOTE: A complete record includes all of the data associated with that record; summary views that only show a portion of the data are not acceptable.

    For example, a complete record for a real estate listing includes all of the data about a single property and all of the photographs that are part of the listing.

  2. A statement in a cover letter or Note to Copyright Office confirming that the database is single-file.

For additional information about single-file database registrations, please see U.S. Copyright Office, Compendium of U.S. Copyright Office Practices, Third Edition (2021) §§727 (general guidance), and 1509.1(G)-1509.1(G)(2) (deposit requirements).

What can be registered?

To register a new multi-file database with the Copyright Office, the database must contain sufficient original or creative compilation authorship.

For copyright purposes, a compilation is the selection, coordination, and/or arrangement of preexisting material or data in such a way that the resulting work as a whole constitutes an original work of authorship.

Registration may extend to (i) the compilation authorship present in the database, or (ii) the compilation and the new copyrightable content within the records (text, photographs, artwork, etc.) that the claimant legally owns. The registration may extend only to the compilation and copyrightable content owned by the claimant that was published (or created, if unpublished) on one particular day.

To be registered as a database, the database must contain sufficient compilation authorship (selection, coordination, and/or arrangement). Without compilation, the content of the data records cannot support a database registration. The content within the data records may be included in the database registration only if the content is (i) copyrightable, (ii) part of a copyrightable compilation, and (iii) owned by the same claimant.

Example: Business and Client Management Database

Your company created a new database that allows employees to query, view, and enter data about (i) existing clients, (ii) prospective clients, and (iii) business competitors. Users cannot browse the data in this database. They can access the data only via a query function.

A registration for this database may cover the selection, coordination, and arrangement of these data records, if the compilation is sufficiently creative. It also may cover the data records that were published (or created, if unpublished) on a particular date if the content within those records is copyrightable, part of a copyrightable compilation, and owned by the claimant.

Application(s) and Fee(s)

A new multi-file database may registered using either:

The Copyright Office’s current fee schedule is available here: copyright.gov/about/fees.html

Deposit Requirements

A deposit for a new multi-file database must include:

  1. For each data file, fifty complete data records from the data file or the entire data file, whichever is less

    NOTE: A complete record includes all of the data associated with that record; summary views that only show a portion of the data are not acceptable.

    For example, a complete record for a real estate listing includes all of the data about a single property and all of the photographs that are part of the listing.

  2. A descriptive statement containing the following required information:
    • The title of the database
    • The name and address of the copyright claimant
    • A subtitle, date of creation, or date of publication (if any) that may be used to distinguish any separate or distinct data files within the database
    • The name and content of each separate data file, including its subject, the origin(s) of the data, and the approximate number of data records that it contains
    • The nature and frequency of the changes in the database and the location within the database or the separate data files where the changes appear

      NOTE: The nature of the changes should describe how the selection, coordination, and/or arrangement of material in the database is sufficiently creative.

    If the database contains a copyright notice, the descriptive statement should also include the following information:

    • If the notice is in a machine-readable format, the applicant should provide the exact content of the notice and indicate the manner and frequency with which it is displayed (e.g., at a computer when a user signs on, continuously on the computer screen display, on printouts from the database, etc.).
    • If the notice appears on copies of the database or on magnetic tape reels or the containers for those reels, the applicant should submit a photocopy or other sample of the notice.

For additional information about multi-file database registrations, please see U.S. Copyright Office, Compendium of U.S. Copyright Office Practices, Third Edition (2021) §§727 (general guidance), and 1509.1(G)-1509.1(G)(2) (deposit requirements).

What can be registered?

To register one revised version of a single-file database with the Copyright Office, the revised database must contain sufficient original or creative compilation authorship.

For copyright purposes, a compilation is the selection, coordination, and/or arrangement of preexisting material or data in such a way that the resulting work as a whole constitutes an original work of authorship.

Registration may extend to (i) the revised compilation authorship present in the database, or (ii) the revised compilation and the new copyrightable content within the records (text, photographs, artwork, etc.) that the claimant legally owns. The registration may extend only to the compilation and copyrightable content owned by the claimant that was published (or created, if unpublished) on one particular day.

To be registered as a database, the database must contain sufficient compilation authorship (selection, coordination, and/or arrangement). Without compilation, the content of the data records cannot support a registration. The content within the data records may be included in the registration only if the content is (i) copyrightable, (ii) part of a copyrightable compilation, and (iii) owned by the same claimant.

Background: You selected restaurants from around the world to include in your database. You identified common data points to capture, such as star rating, head chef, year opened, most popular dishes, and other factual information. You categorized the restaurants by cuisine, location, average price, and star rating, among other factors.
Examples: Sufficient compilation?

  1. On March 8, you updated the database to include an additional 85 restaurants, which you selected from a diverse pool. You added a small number of photographs of each restaurant you visited. You also amended the database to include additional fields: address, dining room capacity, seating/takeout/delivery options, reservations (Y/N), patio (Y/N), dietary restrictions, links to menus, and links to recent restaurant reviews.

    You submit an application to register the new compilation and the new photographs in the revised database.

Yes. The revised version contains sufficient revisions to the compilation—there’s a creative selection of new restaurants and a creative selection of new data fields.
  1. On June 15, you updated the contact information for each of the existing restaurants in the database.
 No. You updated existing records but did not change the compilation.
  1. On August 27, you changed the following data fields: you removed the dining room capacity field and added a year closed field.
 No. These minor changes to the compilation are not sufficiently original or creative to be copyrightable.

Application(s) and Fee(s)

A revised single-file database may be registered using either:

The Copyright Office’s current fee schedule is available here: copyright.gov/about/fees.html

Deposit Requirements

A deposit for a revised single-file database must include:

  1. Fifty representative pages of complete data records or fifty complete data records that were added to or modified in that version; i.e., primarily new content

    NOTE: A complete record includes all of the data associated with that record; summary views that only show a portion of the data are not acceptable.

    For example, a complete record for a real estate listing includes all of the data about a single property and all of the photographs that are part of the listing.

  2. A statement in a cover letter or Note to Copyright Office confirming the database is single-file.

Other Application Tips

Limitation Statement

An application for a revised version of a single-file database should include statements in the “limitation of claim” section that identify the new material included in the registration and the material excluded from the registration. Previously published material, material that has been previously registered with the U.S. Copyright Office, material that is in the public domain, and material that is owned by a third party should be excluded from the registration. The application does not need to exclude “facts” or “data” because copyright does not protect these elements.

Example: Limitation Statement for a revised database filed on an eCO Standard Application

On the Limitation of Claim screen:

Material Excluded: previous version(s) of the database

New Material Included: revised compilation of database information
Example: Limitation Statement for a revised database filed on a paper Form TX

Space 5 – If any earlier versions of the database have been registered with the Copyright Office, check “Yes” and provide the reason you are registering the revised version (such as “This is a changed version of the work”), and enter the previous registration number and the year of the effective date of registration.

Space 6a – Preexisting Material: previous version(s) of database

Space 6b – Material Added to this Work: revised compilation of database information

For additional information about single-file database registrations, please see U.S. Copyright Office, Compendium of U.S. Copyright Office Practices, Third Edition (2021) §§727 (general guidance), and 1509.1(G)-1509.1(G)(2) (deposit requirements).

What can be registered?

To register one revised version of a multi-file database with the Copyright Office, the revised database must contain sufficient original or creative compilation authorship.

For copyright purposes, a compilation is the selection, coordination, and/or arrangement of preexisting material or data in such a way that the resulting work as a whole constitutes an original work of authorship.

Registration may extend to (i) the revised compilation authorship present in the database, or (ii) the revised compilation and the new copyrightable content within the records (text, photographs, artwork, etc.) that the claimant legally owns. The registration may extend only to the compilation and copyrightable content owned by the claimant that was published (or created, if unpublished) on one particular day.

To be registered as a database, the database must contain sufficient compilation authorship (selection, coordination, and/or arrangement). Without compilation, the content of the data records cannot support a registration. The content within the data records may be included in the registration only if the content is (i) copyrightable, (ii) part of a copyrightable compilation, and (iii) owned by the same claimant.

Background: Your company created a database that allows employees to query, view, and enter data about (i) existing clients, (ii) prospective clients, and (iii) business competitors.
Examples: Sufficient compilation?
  1. On September 22, you added two new files to the database: Research (18 new records) and Current Contracts (29 new records). You also updated the Prospective Clients file to include new data fields: (i) date of last outreach, (ii) name and contact info of president, (iii) business summary, (iv) lead source, (v) region, and (vi) company valuation.
 Yes. The addition of new data files for Research and Current Contracts and the inclusion of many new data fields demonstrates sufficient revised compilation authorship.
  1. On October 7, you updated the date of last outreach for 18 clients.
 No. You updated existing records but did not change the compilation.
  1. On October 13, you changed the following data fields: you removed the name of president field and added a business address field.
 No. These minor changes to the compilation are not sufficiently original or creative to be copyrightable.

Application(s) and Fee(s)

A revised multi-file database may registered using either:

The Copyright Office’s current fee schedule is available here: copyright.gov/about/fees.html

Deposit Requirements

A deposit for a revised multi-file database must include:

  1. Fifty representative pages of complete data records or fifty complete data records that were added to or modified in that version; i.e., primarily new content

    NOTE: A complete record includes all of the data associated with that record; summary views that only show a portion of the data are not acceptable.

    For example, a complete record for a real estate listing includes all of the data about a single property and all of the photographs that are part of the listing.

  2. A descriptive statement containing the following required information:
    • The title of the database
    • The name and address of the copyright claimant
    • A subtitle, date of creation, or date of publication (if any) that may be used to distinguish any separate or distinct data files within the database
    • The name and content of each separate data file, including its subject, the origin(s) of the data, and the approximate number of data records that it contains
    • The nature and frequency of the changes in the database and the location within the database or the separate data files where the changes appear

      NOTE: The nature of the changes should describe how the selection, coordination, and/or arrangement of material in the database is sufficiently creative.

    If the database contains a copyright notice, the descriptive statement should also include the following information:

    • If the notice is in a machine-readable format, the applicant should provide the exact content of the notice and indicate the manner and frequency with which it is displayed (e.g., at a computer when a user signs on, continuously on the computer screen display, on printouts from the database, etc.).
    • If the notice appears on copies of the database or on magnetic tape reels or the containers for those reels, the applicant should submit a photocopy or other sample of the notice.

Other Application Tips

Limitation Statement

An application for a revised version of a multi-file database should include statements in the “limitation of claim” section that identify the new material included in the registration and the material excluded from the registration. Previously published material, material that has been previously registered with the U.S. Copyright Office, material that is in the public domain, and material that is owned by a third party should be excluded from the registration. The application does not need to exclude “facts” or “data” because copyright does not protect these elements.

Example: Limitation Statement for a revised database filed on an eCO Standard Application

On the Limitation of Claim screen:

Material Excluded: previous version(s) of the database

New Material Included: revised compilation of database information
Example: Limitation Statement for a revised database filed on a paper Form TX

Space 5 – If any earlier versions of the database have been registered with the Copyright Office, check “Yes” and provide the reason you are registering the revised version (such as “This is a changed version of the work”), and enter the previous registration number and the year of the effective date of registration.

Space 6a – Preexisting Material: previous version(s) of database

Space 6b – Material Added to this Work: revised compilation of database information

For additional information about multi-file database registrations, please see U.S. Copyright Office, Compendium of U.S. Copyright Office Practices, Third Edition (2021) §§727 (general guidance), and 1509.1(G)-1509.1(G)(2) (deposit requirements).


Resources and Background