Oracle America, Inc. v. Google Inc.

Filing 982

TRIAL BRIEF Google's April 25 Copyright Brief by Google Inc.. (Attachments: #1 Exhibit A)(Van Nest, Robert) (Filed on 4/25/2012)

EXHIBIT A

4

Form TX
Detach and read these instructions before completing this form.
Make sure all applicable spaces have been filled in before you return this form.
BASIC INFORMATION

When to Use This Form: Use Form TX for registration of published or
unpublished nondramatic literary works, excluding periodicals or serial
issues. This class includes a wide variety of works: fiction, nonfiction,
poetry, textbooks, reference works, directories, catalogs, advertising copy,
compilations of information, and computer programs. For periodicals
and serials, use Form SE.
Deposit to Accompany Application: An application for copyright registration must be accompanied by a deposit consisting of copies or phonorecords
representing the entire work for which registration is to be made. The
following are the general deposit requirements as set forth in the statute:
Unpublished Work: Deposit one complete copy (or phonorecord)
Published Work: Deposit two complete copies (or one phonorecord)
of the best edition.
Work First Published Outside the United States: Deposit one complete
copy (or phonorecord) of the first foreign edition.
Contribution to a Collective Work: Deposit one complete copy (or
phonorecord) of the best edition of the collective work.
The Copyright Notice: Before March 1, 1989, the use of copyright notice was mandatory on all published works, and any work first published

before that date should have carried a notice. For works first published on
and after March 1, 1989, use of the copyright notice is optional. For more
information about copyright notice, see Circular 3, Copyright Notice.
For Further Information: To speak to a Copyright Office staff member,
call [phone]. Recorded information is available 24 hours a day.
Order forms and other publications from the address in space 9 or call the
Forms and Publications Hotline at [phone]. Access and download
circulars, certain forms, and other information from the Copyright Office
website at www.copyright.gov.
PRIVACY ACT ADVISORY STATEMENT Required by the Privacy Act of 1974 (P.L. 93-579)
The authority for requesting this information is title 17 U.S.C. §409 and §410. Furnishing the
requested information is voluntary. But if the information is not furnished, it may be necessary to
delay or refuse registration and you may not be entitled to certain relief, remedies, and benefits
provided in chapters 4 and 5 of title 17 U.S.C.
The principal uses of the requested information are the establishment and maintenance of a
public record and the examination of the application for compliance with the registration requirements of the copyright code.
Other routine uses include public inspection and copying, preparation of public indexes, preparation of public catalogs of copyright registrations, and preparation of search reports upon request.
NOTE: No other advisory statement will be given in connection with this application. Please keep
this statement and refer to it if we communicate with you regarding this application.

LINE-BY-LINE INSTRUCTIONS
Please type or print using black ink. The form is used to produce the certificate.

1

SPACE 1: Title

2

SPACE 2: Author(s)

Title of This Work: Every work submitted for copyright registration must be given a title to identify that particular work. If the copies or
phonorecords of the work bear a title or an identifying phrase that could
serve as a title, transcribe that wording completely and exactly on the application. Indexing of the registration and future identification of the work
will depend on the information you give here.
Previous or Alternative Titles: Complete this space if there are any
additional titles for the work under which someone searching for the
registration might be likely to look or under which a document pertaining
to the work might be recorded.
Publication as a Contribution: If the work being registered is a contribution to a periodical, serial, or collection, give the title of the contribution
in the “Title of This Work” space. Then, in the line headed “Publication
as a Contribution,” give information about the collective work in which
the contribution appeared.

General Instructions: After reading these instructions, decide
who are the “authors” of this work for copyright purposes. Then, unless
the work is a “collective work,” give the requested information about every
“author” who contributed any appreciable amount of copyrightable matter
to this version of the work. If you need further space, request Continuation
Sheets. In the case of a collective work, such as an anthology, collection
of essays, or encyclopedia, give information about the author of the collective work as a whole.
Name of Author: The fullest form of the author’s name should be
given. Unless the work was “made for hire,” the individual who actually

created the work is its “author.” In the case of a work made for hire, the
statute provides that “the employer or other person for whom the work
was prepared is considered the author.”
What Is a “Work Made for Hire”? A “work made for hire” is defined as
(1) “a work prepared by an employee within the scope of his or her employment”; or (2) “a work specially ordered or commissioned for use as a
contribution to a collective work, as a part of a motion picture or other
audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as
an atlas, if the parties expressly agree in a written instrument signed by
them that the works shall be considered a work made for hire.” If you have
checked “Yes” to indicate that the work was “made for hire,” you must give
the full legal name of the employer (or other person for whom the work
was prepared). You may also include the name of the employee along with
the name of the employer (for example: “Elster Publishing Co., employer
for hire of John Ferguson”).
“Anonymous” or “Pseudonymous” Work: An author’s contribution
to a work is “anonymous” if that author is not identified on the copies or phonorecords of the work. An author’s contribution to a work is
“pseudonymous” if that author is identified on the copies or phonorecords
under a fictitious name. If the work is “anonymous” you may: (1) leave the
line blank; or (2) state “anonymous” on the line; or (3) reveal the author’s
identity. If the work is “pseudonymous” you may: (1) leave the line blank;
or (2) give the pseudonym and identify it as such (for example: “Huntley
Haverstock, pseudonym”); or (3) reveal the author’s name, making clear
which is the real name and which is the pseudonym (for example, “Judith
Barton, whose pseudonym is Madeline Elster”). However, the citizenship
or domicile of the author must be given in all cases.
Dates of Birth and Death: If the author is dead, the statute requires
that the year of death be included in the application unless the work is
anonymous or pseudonymous. The author’s birth date is optional but is

useful as a form of identification. Leave this space blank if the author’s
contribution was a “work made for hire.”
Author’s Nationality or Domicile: Give the country of which the
author is a citizen or the country in which the author is domiciled. Nationality or domicile must be given in all cases.
Nature of Authorship: After the words “Nature of Authorship,” give
a brief general statement of the nature of this particular author’s contribution to the work. Examples: “Entire text”; “Coauthor of entire text”;
“Computer program”; “Editorial revisions”; “Compilation and English
translation”; “New text.”

3

SPACE 3: Creation and Publication

General Instructions: Do not confuse “creation” with “publication.” Every application for copyright registration must state “the year in
which creation of the work was completed.” Give the date and nation of
first publication only if the work has been published.
Creation: Under the statute, a work is “created” when it is fixed in a
copy or phonorecord for the first time. Where a work has been prepared
over a period of time, the part of the work existing in fixed form on a
particular date constitutes the created work on that date. The date you
give here should be the year in which the author completed the particular
version for which registration is now being sought, even if other versions
exist or if further changes or additions are planned.
Publication: The statute defines “publication” as “the distribution of
copies or phonorecords of a work to the public by sale or other transfer of
ownership, or by rental, lease, or lending.” A work is also “published” if there
has been an “offering to distribute copies or phonorecords to a group of
persons for purposes of further distribution, public performance, or public
display.” Give the full date (month, day, year) when, and the country where,
publication first occurred. If first publication took place simultaneously in
the United States and other countries, it is sufficient to state “U.S.A.”

4

SPACE 4: Claimant(s)

Name(s) and Address(es) of Copyright Claimant(s): Give the
name(s) and address(es) of the copyright claimant(s) in this work even
if the claimant is the same as the author. Copyright in a work belongs
initially to the author of the work (including, in the case of a work made
for hire, the employer or other person for whom the work was prepared).
The copyright claimant is either the author of the work or a person or
organization to whom the copyright initially belonging to the author has
been transferred.
Transfer: The statute provides that, if the copyright claimant is not the
author, the application for registration must contain “a brief statement
of how the claimant obtained ownership of the copyright.” If any copyright claimant named in space 4 is not an author named in space 2, give
a brief statement explaining how the claimant(s) obtained ownership of
the copyright. Examples: “By written contract”; “Transfer of all rights by
author”; “Assignment”; “By will.” Do not attach transfer documents or
other attachments or riders.

5

SPACE 5: Previous Registration

General Instructions: The questions in space 5 are intended to
show whether an earlier registration has been made for this work and,
if so, whether there is any basis for a new registration. As a general rule,
only one basic copyright registration can be made for the same version
of a particular work.
Same Version: If this version is substantially the same as the work cov­
ered by a previous registration, a second registration is not generally possi­ le
b

unless: (1) the work has been registered in unpublished form and a second
registration is now being sought to cover this first published edition; or (2)
someone other than the author is identified as copyright claimant in the
earlier registration, and the author is now seeking registration in his or her
own name. If either of these two exceptions applies, check the appropriate box
and give the earlier registration number and date. Otherwise, do not submit
Form TX. Instead, write the Copyright Office for information about supplementary registration or recordation of transfers of copyright ownership.
Changed Version: If the work has been changed and you are now seeking
registration to cover the additions or revisions, check the last box in space
5, give the earlier registration number and date, and complete both parts
of space 6 in accordance with the instructions below.
Previous Registration Number and Date: If more than one previous
registration has been made for the work, give the number and date of the
latest registration.

6

SPACE 6: Derivative Work or Compilation

General Instructions: Complete space 6 if this work is a “changed
version,” “compilation,” or “derivative work” and if it incorporates one or
more earlier works that have already been published or registered for copyright or that have fallen into the public domain. A “compilation” is defined
as “a work formed by the collection and assembling of preexisting materials
or of data that are selected, coordinated, or arranged in such a way that
the resulting work as a whole constitutes an original work of authorship.”
A “derivative work” is “a work based on one or more preexisting works.”
Examples of derivative works include translations, fictionalizations, abridgments, condensations, or “any other form in which a work may be recast,
transformed, or adapted.” Derivative works also include works “consisting
of editorial revisions, annotations, or other modifications” if these changes,
as a whole, represent an original work of authorship.
Preexisting Material (space 6a): For derivative works, complete this space
and space 6b. In space 6a identify the preexisting work that has been recast,
transformed, or adapted. The preexisting work may be material that has
been previously published, previously registered, or that is in the public
domain. An example of preexisting material might be: “Russian version
of Goncharov’s ‘Oblomov.’”
Material Added to This Work (space 6b): Give a brief, general statement
of the new material covered by the copyright claim for which registration
is sought. Derivative work examples include: “Foreword, editing, critical
annotations”; “Translation”; “Chapters 11–17.” If the work is a compilation,
describe both the compilation itself and the material that has been compiled.
Example: “Compilation of certain 1917 speeches by Woodrow Wilson.” A
work may be both a derivative work and compilation, in which case a sample
statement might be: “Compilation and additional new material.”

7,8,9

SPACE 7, 8,9: Fee, Correspondence,
Certification, Return Address

Deposit Account: If you maintain a Deposit Account in the Copyright
Office, identify it in space 7a. Otherwise leave the space blank and send
the fee with your application and deposit.
Correspondence (space 7b): Give the name, address, area code, telephone
number, fax number, and email address (if available) of the person to be
consulted if correspondence about this application becomes necessary.
Certification (space 8): The application cannot be accepted unless it bears
the date and the handwritten signature of the author or other copyright
claimant, or of the owner of exclusive right(s), or of the duly authorized
agent of author, claimant, or owner of exclusive right(s).
Address for Return of Certificate (space 9): The address box must
be completed legibly since the certificate will be returned in a window
envelope.

Copyright Office fees are subject to change.
For current fees, check the Copyright Office
website at www.copyright.gov, write the Copy­
right Office, or call [phone].

3 Form TX

For a Nondramatic Literary Work
UNITED STATES COPYRIGHT OFFICE

REGISTRATION NUMBER

Privacy Act Notice: Sections 408-410 of title 17 of the United States
Code authorize the Copyright Office to collect the personally identifying
information requested on this form in order to process the application for copyright registration. By providing this information you are
agreeing to routine uses of the information that include publication
to give legal notice of your copyright claim as required by 17 U.S.C.
§705. It will appear in the Office’s online catalog. If you do not provide
the information requested, registration may be refused or delayed,
and you may not be entitled to certain relief, remedies, and benefits
under the copyright law.

1

TX

TXU

EFFECTIVE DATE OF REGISTRATION

Month

Day

Year

DO NOT WRITE ABOVE THIS LINE. IF YOU NEED MORE SPACE, USE A SEPARATE CONTINUATION SHEET.
TITLE OF THIS WORK ▼

PREVIOUS OR ALTERNATIVE TITLES ▼
PUBLICATION AS A CONTRIBUTION If this work was published as a contribution to a periodical, serial, or collection, give information about the
collective work in which the contribution appeared.

If published in a periodical or serial give: Volume ▼

a

Number ▼

3
4

❑ No

AUTHOR’S NATIONALITY OR DOMICILE
Name of Country

OR

{

Citizen of

WAS THIS AUTHOR’S CONTRIBUTION TO
If the answer to either
THE WORK
Anonymous?

of these questions is
“Yes,” see detailed
instructions.

❑ Yes   ❑ No

Pseudonymous?

Domiciled in

  ❑ Yes    ❑  No

NATURE OF AUTHORSHIP Briefly describe nature of material created by this author in which copyright is claimed. ▼

b

NAME OF AUTHOR ▼

dates of birth and death
Year Born ▼
Year Died ▼

Was this contribution to the work a
“work made for hire”?

❑ Yes

❑ No

AUTHOR’S NATIONALITY OR DOMICILE
Name of Country

OR

{

Citizen of

WAS THIS AUTHOR’S CONTRIBUTION TO
If the answer to either
THE WORK
Anonymous?

of these questions is
“Yes,” see detailed
instructions.

❑ Yes   ❑  No

Pseudonymous?

Domiciled in

  ❑ Yes    ❑  No

NATURE OF AUTHORSHIP Briefly describe nature of material created by this author in which copyright is claimed. ▼

c

NAME OF AUTHOR ▼

dates of birth and death
Year Born ▼
Year Died ▼

Was this contribution to the work a
“work made for hire”?

❑ Yes

❑ No

AUTHOR'S NATIONALITY OR DOMICILE

{

Name of Country

OR

Citizen of

WAS THIS AUTHOR’S CONTRIBUTION TO
If the answer to either
THE WORK
Anonymous?

of these questions is
“Yes,” see detailed
instructions.

❑ Yes   ❑  No

Pseudonymous?

Domiciled in

  ❑ Yes    ❑  No

NATURE OF AUTHORSHIP Briefly describe nature of material created by this author in which copyright is claimed. ▼

a

See instructions
before completing
this space.

YEAR IN WHICH CREATION OF THIS
WORK WAS COMPLETED This information
must be given
Year in all cases.

b

DATE AND NATION OF FIRST PUBLICATION OF THIS PARTICULAR WORK
Complete this information
ONLY if this work
has been published.

Month

Day

COPYRIGHT CLAIMANT(S) Name and address must be given even if the claimant is the same as
the author given in space 2. ▼

TRANSFER If the claimant(s) named here in space 4 is (are) different from the author(s) named in

space 2, give a brief statement of how the claimant(s) obtained ownership of the copyright. ▼

MORE ON BACK

• Complete all applicable spaces (numbers 5-9) on the reverse side of this page.
• See detailed instructions.
• Sign the form at line 8.

Year

Nation

APPLICATION RECEIVED
DO NOT WRITE HERE
OFFICE USE ONLY

Under the law,
the “author” of
a “work made
for hire” is
generally the
employer, not
the employee
(see instruc­­
tions). For any
­­
part of this
work that was
“made for hire”
check “Yes” in
the space
provided, give
the employer
(or other
person for
whom the work
was prepared)
as “Author”of
that part, and
leave the
space for dates
of birth and
death blank.

On Pages ▼

dates of birth and death
Year Born ▼
Year Died ▼

Was this contribution to the work a
“work made for hire”?

❑ Yes

NOTE

Issue Date ▼

NAME OF AUTHOR ▼

▼

2

Title of Collective Work ▼

ONE DEPOSIT RECEIVED
TWO DEPOSITS RECEIVED
FUNDS RECEIVED

DO NOT WRITE HERE
Page 1 of    

pages

EXAMINED BY

FORM TX

CHECKED BY
FOR
COPYRIGHT
OFFICE
USE
ONLY

CORRESPONDENCE
Yes

5

DO NOT WRITE ABOVE THIS LINE. IF YOU NEED MORE SPACE, USE A SEPARATE CONTINUATION SHEET.
PREVIOUS REGISTRATION Has registration for this work, or for an earlier version of this work, already been made in the Copyright Office?

❑ Yes ❑ No

If your answer is “Yes,” why is another registration being sought? (Check appropriate box.) ▼

a. ❑ This is the first published edition of a work previously registered in unpublished form.
b. ❑ This is the first application submitted by this author as copyright claimant.
▼

Year of Registration

▼

c. ❑ This is a changed version of the work, as shown by space 6 on this application.
If your answer is “Yes,” give: Previous Registration Number

a

DERIVATIVE WORK OR COMPILATION

Preexisting Material Identify any preexisting work or works that this work is based on or incorporates. ▼

Material Added to This Work Give a brief, general statement of the material that has been added to this work and in which copyright is claimed. ▼

DEPOSIT ACCOUNT If the registration fee is to be charged to a Deposit Account established in the Copyright Office, give name and number of Account.

Name ▼

Account Number ▼

)

CERTIFICATION* I, the undersigned, hereby certify that I am the
Check only one
of the work identified in this application and that the statements made
by me in this application are correct to the best of my knowledge.

{

Fax number

Name/Address/Apt/City/State/Zip ▼

▼

(

▼

Email

▼

Area code and daytime telephone number

▼

CORRESPONDENCE Give name and address to which correspondence about this application should be sent.

(

6

See instructions
before completing
this space.

b
a
b

7

)

❑ author
❑ other copyright claimant
❑ owner of exclusive right(s)
❑ authorized agent of

Name of author or other copyright claimant, or owner of exclusive right(s) ▲

8

Date

▼

Typed or printed name and date ▼ If this application gives a date of publication in space 3, do not sign and submit it before that date.

Handwritten signature ▼

Certificate
will be
mailed in
window
envelope
to this
address:

Name ▼

Number/Street/Apt ▼

City/State/Zip ▼

YOU MUST:
• Complete all necessary spaces
• Sign your application in space 8
SEND ALL 3 ELEMENTS
IN THE SAME PACKAGE:
1. Application form
2. Nonrefundable filing fee in check or money
order payable to Register of Copyrights
3. Deposit material
MAIL TO:
Library of Congress
Copyright Office-TX
101 Independence Avenue SE
Washington, DC 20559-6222

9

*17 U.S.C. §506(e): Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection
with the application, shall be fined not more than $2,500.
Form TX – Full  Rev: 02    009  Print: 06    010— 50,000  Printed on recycled paper
/2
/2

U.S. Government Printing Office: 2010-357-993/80,083