Memorandum on Copyrightability of Compilations

Citation: Memorandum on Copyrightability of Compilations (May 9, 1988).

In 1987, the Copyright Office reviewed its database practices and considered abandoning its practice of registering sweat of the brow claims. “Interim Guidelines” were issued in 1988 with a memorandum to the staff stating that the courts had concluded that sweat of the brow might still apply to telephone directories but should not be extended to other factual compilations. Examiners were directed to register telephone directories as “a separate category of copyrightable works,” and to reject registration for certain other compilations. The Guidelines specified that criteria used to consider the copyrightability of telephone directories should not be applied to other compilations, with the exception of street directories.