Compendium II: Copyright Office Practices - Chapter 1500

Chapter 1500

 

CORRECTIONS AND AMPLIFICATIONS

OF COPYRIGHT OFFICE RECORDS:

SUPPLEMENTARY REGISTRATIONS

 

Outline of Topics

 

1501 Applicability of this chapter.

 

1502 Basic registrations.

 

1503 Means used for correcting and amplifying Copyright

Office records.

 

1503.01 Supplementary registrations.

1503.02 Recordation of documents.

1503.03 Additional basic registrations.

 

1504 Supplementary registrations: procedures used for correcting and amplifying Copyright Office records.

 

1504.01 Supplementary registrations: corrections.

1504.02 Supplementary registrations: amplifications.

1504.03 Supplementary registrations: correcting or

amplifying information in another supple-

mentary registration.

1504.04 Supplementary registrations: when not

appropriate.

1504.05 Supplementary registrations: basic regis-

tration a prerequisite.

1504.06 Supplementary registrations: time limits.

1504.07 Supplementary registrations: persons entitled

to submit application.

1504.08 Supplementary registrations: their effect.

 

1505 Recordation of documents: procedures used for

correcting and amplifying copyright Office

records.

 

1505.01 Recordation of documents: corrections or

amplifications of completed registrations.

1505.02 Recordation of documents: correction of error

in recorded document.

1505.03 Recordation of documents: effect.

-1 -

[1984]

 

 

Chapter 1500

CORRECTIONS AND AMPLIFICATIONS

COPYRIGHT OFFICE RECORDS:

SUPPLEMENTARY REGISTRATIONS

Outline of Topics                -2 –

 

1506 New basic registration: procedures used for

correcting and amplifying Copyright Office records.

 

1506.01 New basic registration: time limits.

1506.02 New basic registration: effect.

 

1507 Special situations relating to corrections and

amplifications of Copyright Office records.

---

L507.01 Special situations relating to ownership.

L507.02 Change in name or address of author or

claimant.

L507.03 Change of domicile, citizenship, and place of

publication.

L507.04 Problems relating to title of work.

L507.05 Problems relating to authorship.

L507.06 Problems relating to nature or extent of

authorship.

L507.07 Problems relating to status of work.

L507.08 Problems relating to deposits.

~507.09 Problems relating to extent of claim.

L507.10 Problems relating to recorded documents.

.507.11 Examining Division error.

L507.12 Earlier registration not authorized.

.507.13 Problems relating to minor errors.

L507.14 Abandonment of copyright or copyright claim.

Completion of Form CA.

L508.01 Completion of Form CA: identification of work.

.508.02 Completion of Form CA: correction space.

L508.03 Completion of Form CA: amplification space.

.508.04 Completion of Form CA: information not con-

tained in appropriate space.

L508.05 Completion of Form CA: single form sufficient

for correction and amplification.

Effective date of supplementary registration.

34 ]

Chapter 1500

CORRECTIONS AND AMPLIFICATIONS

OF COPYRIGHT OFFICE RECORDS:

SUPPLEMENTARY REGISTRATIONS

1501 Applicability of this chapter. This chapter

contains the practices to be followed in cor-

recting or amplifying Copyright Office records:

these practices are general in nature, and each

case should be dealt with on its own merits.

Moreover, this chapter does not deal with those

errors in the record of a basic registration

that the Office itself should have recognized at

the time the registration was made: in such

cases the Office will take appropriate measures

to rectify its error. See 37 C.F.R. 201.5(a)

(2) .Nor does this chapter deal with adverse

contentions incident to registration. See

section 108.06 of Chapter 100: BASIC POLICIES:

see also sections 1318.04 and 1318.05 of Chapter

1300: RENEWAL OF COPYRIGHT.

1502 Basic registrations. Most such corrections and

amplifications involve "basic registrations." A

"basic registration" means any of the following:

(A) a copyright registration made under section

408 of the copyright law: (B) a renewal regis-

tration made under section 304 of the copyright

law: (C) a registration of claim to copyright

made under the copyright law as it existed

before January I, 1978: or (D) a renewal regis-

tration made under the copyright law as it

existed before January I, 1978. See 37 C.F.R.

201.5(a)(I)(i) .Once a basic registration has

been made in the Copyright Office for a work,

that basic registration will ordinarily stand as

the fundamental copyright record on which other,

later records relating to the particular work

can be built.

[1984]

1500-2

Procedure for correcting and amplifying Copy-

right Office records. The following means are

available for correcting or amplifying Copyright

Office records.

L503.01 Supplementary registrations. A supplemen-

tary registration to correct certain errors

in a copyright registration or to amplify

the information given in a copyright regis-

tration is a special type of copyright

registration provided for in the copyright

law. See 17 U.S.C. 408(d). One supple-

mentary registration may correct or amplify

information in only one basic registration.

L503.02 Recordation of documents. A document to

correct certain errors in a copyright

registration or to amplify the information

given in a registration may be recorded in

the Copyright Office, provided that the

requirements for recordation are met. See

Chapter 1600: RECORDATION OF TRANSFERS AND

OTHER DOCUMENTS PERTAINING TO A COPYRIGHT.

.503.03 Additional basic registrations. Certain

kinds of errors may-be corrected only by

making an additional basic registration.

See also sections 1506 and 1507 below.

" Supplementary registrations: procedures used for

correcting or amplifying Copyright Office records.

A supplementary registration may be made either to

correct or to amplify information given in a basic

registration. The appropriate form prescribed by

the Copyright Office for a supplementary regis-

tration is Form CA.

~

504.01 Supplementary registrations: corrections. A

"correction" is appropriate if the infor-

mation in the basic registration was

incorrect at the time that basic registra-

tion was made, and the error is not one

that the Copyright Office itself should

have recognized. See 37 C.F.R. 201.5(b)

(2)(i) .

4]

1500-3

1504 Supplementary registrations: procedures used for

correcting and amplifying Copyright Office records.

(cont'd)

1504.01 Supplementary registrations: corrections.

(cont'd)

Examples:

1) A basic registration identified someone

incorrectly as the author of the work.

2) A work was registered as published when

publication had not actually taken

place.

3) The statement of the extent of the

claim is inaccurate.

1504.02 Supplementary registrations: amplifications.

An "amplification" is appropriate in order

to accomplish the following purposes:

1) To reflect additional information that

could have been given, but was omitted,

at the time basic registration was made

(~.~., a co-author's name was omitted)~

or

2) To reflect changes in facts, other than

those relating to transfer, license, or

ownership of rights in the work, that have

occurred since the basic registration was

made (e.g., a change in the title of

the work-or a change in an author's or

claimant's name)~ or

3) To clarify information given in the basic

registration (e.g., the statement of

changes or additions in the version being

registered was not sufficiently explicit)~

or

See 37 C.F.R. 201.5(b)(2)(ii).

4) To have individual titles in a collection

indexed separately in the Copyright Office

catalogs.

[1984]

1500-4

Supplementary registrations: procedures used for

correcting and amplifying Copyright Office records.

(cont'd)

)04.03 Supplementary registrations: correcting or

amplifying information in another supple-

mentary registration. Although a supple-

mentary registration may be made to correct

or amplify the information in any completed

basic registration, a supplementary regis-

tration cannot be made to correct or amplify

the information contained in another supple-

mentary registration. Where a supplementary

registration contains an error, a new

supplementary registration should be made to

correct or amplify the information contained

in the basic registration in question.

)04.04 Supplementary registrations: when not appro-

priate. Supplementary registration is not

appropriate:

1) As an amplification to reflect the owner-

ship, division, allocation, licensing, or

transfer of rights in a work, whether at ~

the time the basic registration was made or ,

thereafter (see also section 1507.01(b)

below); or

2) To correct errors in statements or notices

on the copies or phonorecords of a work; or

3) To reflect changes in the content of a work;

or;

4) As a substitute for renewal registration;

or

5) To add a renewal claimant; or

6) To change the basis of claim or change

the renewal claimant after the renewal

period has expired; or

7) As a substitute for recording a transfer

or other document pertaining to copy-

right ownership.

See 37 C.F.R. 201.5(b)(2)(ii), (iii), and

( iv) .

~]

1500-5

1504 Supplementary registrations: procedures used for

correcting and amplifying Copyright Office records.

(cont'd) -

1504.05 Supplementary registrations: basic registration

a prerequisite. Supplementary registration can

be made only if a basic copyright registration

for the same work has already been completed.

The application for supplementary registration

must clearly identify the registration to be

corrected or amplified. See 17 U.S.C. 408(d).

1504.06 Supplementary registrations: time limits.

The following are time limits for making a

supplementary registration.

1504.06(a) To correct or amplify a basic original

registration. As a general rule, supple-

mentary registration to correct or amplify

an original basic registration may be made

at any time. However, for works which were

published or registered or both before

January 1, 1978, and are still subject

to renewal registration, a supplementary

registration affecting the original term

of copyright can only be made during the

first 28-year term.

Example:

A work is published and registered in

1954. An application for supplementary

registration is submitted in 1983 to

change the year date of publication to

1955. The application for supplemen-

tary registration will be refused.

1504.06(b) To correct a renewal registration.

Supplementary registration to correct a

renewal claimant or basis of claim in a

basic renewal registration may be made

only if the application for supplemen-

tary registration and fee are received

in the Copyright Office within the

statutory time limits for renewal. If

the error or omission in a basic renewal

[1984]

1500-6

Supplementary registrations: procedures used for

correcting and amplifying Copyright Office Records.

(cont'd) ---

504.06 Supplementary registrations: time limits.

(cont'd)

504.06(b) To correct a renewal registration.

(cont'd) -

registration is extremely minor, and

does not involve the identity of the

renewal claimant or the legal basis of

claim, supplementary registration may be

made at any time. See 37 C.F.R. 201.5(b)

(2)(iv) .

504.07 Supplementary registrations: persons

entitled to submit application. After a

basic copyright registration has been

completed, any author or other copyright

claimant of the work, or the owner of any

exclusive right in the work, or the duly

authorized agent of any such author, other

claimant, or owner, who wishes to correct or ~

amplify the information given in the basic

registration for the work may file an

application for supplementary registration.

See 37 C.F.R. 201.5(b)(1).

504.08 Supplementary registrations: their effect. The

following are effects of making a supplementary

registration.

504.08(a) New registration number and certificate.

...

The Copyright Office will assign to a

supplementary registration a few regis-

tration number in the appropriate class,

and issue a certificate of supplementary

registration under that number. See 37

C.F.R.201.5(d)(1).

504.08(b) Augmenting basic registration. The

information contained in a supplementary

registration augments but does not super-

sede that contained in the basic regis-

tration. The basic registration will not

be expunged or cancelled. See 17 U.S.C.

408(d) and 37 C.F.R. 201.5(d)(2).

4]

1500-7

1504 Supplementary registrations: procedures used for

correcting and amplifying Copyright Office records.

(cont'd)

1504.08 Supplementary registrations: their effect.

(cont'd)

1504.08(c) Cross-referencing. If the person who,

or on whose behalf, an application for

supplementary registration is submitted is

the same as the person identified as the

copyright claimant in the basic registra-

tion, the Copyright Office will place a

note referring to the supplementary

registration on its records of the basic

registration. See 37 C.F.R. 201.5(b)(1),

note 3. The Office will follow the same

practice with respect to an application

for supplementary registration submitted

by the duly authorized agent or successor

in interest of the copyright claimant in

the basic registration.

NOTE: Successors in interest, for this

purpose, are those who derive their title

from the claimant, as for example, an

assignee.

1505 Recordation of documents: procedures used for

correcting and amplifying Copyright Office records.

In certain cases a document may be recorded either

to correct or to amplify information given in a

basic registration. Such a document may be

recorded at any time. See also Chapter 1600:

RECORDATION OF TRANSFERS AND OTHER DOCUMENTS

PERTAINING TO A COPYRIGHT.

1505.01 Recordation of documents: corrections or

amplification of completed registration.

Ordinarily, when a person who is entitled to

file an application for supplementary regis-

tration wishes to correct or amplify a copy-

right registration, an application for supple-

mentary registration should be submitted. See

section 1504.07 above. However, if an appli-

cation for supplementary registration is not

appropriate, or if the application for supple-

mentary registration is appropriate but the

[1984]

1500-8

1505 Recordation of documents: procedures used for

correcting and amplifying Copyright Office records.

(cont ' d)

1505.01 Recordation of documents: corrections or

amplifications of completed registrations.

(cont'd)

sender insists on the recordation of a docu-

ment, an affidavit or signed statement out-

lining the error or amplification may be

recorded in the Copyright Office. In some

instances, recordation of a document supporting

the basis for registration of a claim to

renewal copyright is required before regis-

tration can be made.

Example:

Where a renewal claim is submitted by an

author whose name neither appears in the

records of the original registration nor in

a supplementary registration which has been

cross-referenced to the original regis-

tration and the omission cannot be satis-

factorily explained, registration of a

renewal claim in that author's name will

generally be made only if a document

supporting the claim of authorship is

recorded.

1505.02 Recordation of documents: correction of error

in recorded document. Where errors in a

document are discovered following recordation,

no changes in the completed record can be made,

but the sender may adopt one of three

alternatives:

I) Submit the corrected document for

recordation.

2) Submit a completely new document for

recordation.

3) Record an affidavit or other signed

statement describing the error in the

previously recorded instrument.

[1984]

1500-9

~

1505 Recordation of documents: procedures used for

correcting and amplifying Copyright Office records

(cont'd)--

1505.03 Recordation of documents: effect. Generally,

where a supplementary registration is prefer-

able, but the sender submits a document for

recordation, the Copyright Office will corres-

pond with the sender, pointing out that no

annotation will be made on the application for

the basic registration. If the sender persist

in requesting recordation, the document will b

recorded.

1506 New basic registration: procedures used for

correcting and amplifying Copyright Office records

Ordinarily, when an applicant wishes to correct or

amplify a copyright registration, a supplementary

registration is suggested. However, in some

instances, a supplementary registration is not

appropriate, as explained in section 1507 below,

and the Copyright Office will suggest that a new

basic registration be made.

1506.01 New basic registration: time limits. A new

basic original registration may be made, if

otherwise appropriate, at any time within the

life of the copyright. A new basic renewal

registration must generally be made within one

year prior to the expiration of the original

term of copyright. See Chapter 1300: RENEWAL

OF COPYRIGHT.

1506.02 New basic registration: effect. A basic

registration generally stands by itself.

Where, however, a new basic registration is

made to correct an earlier basic registration

the earlier basic registration will be anno-

tated to reflect the later registration.

1507 Special situations relating to corrections and

amplifications of Copyright Office records. The

following are examples that present problems

relating to corrections and amplifications of

Copyright Office records.

~ [1984]

1500-10

1507 Special situations relating to corrections and

amplifications of Copyright Office records.

( cont ' d) 1507.01 Special situations relating to ownership. As

explained in section 1504.01 above, a supple-

mentary registration is generally the appro-

priate method for either correcting or

amplifying the statement of ownership of an

earlier registration. However, in some

instances, a new basic registration may be

acceptable.

Example:

Where someone other than the author is

incorrectly identified as copyright

claimant in a registration, another basic

registration for the same version may be

made by the author in his or her own name

as copyright claimant.

1507.01(a) Supplementary registration acceptable:

additional authors or claimants. Where the

basic original registration was made in the

name of one author who is also listed as

sole claimant, the Copyright Office will

accept an application for supplementary

registration from additional authors who

now want the record to show their author-

ship and ownership. However, in such cases

a new basic registration may be made if the

applicant so desires.

1507.01(b) Supplementary registration not appropriate.

As explained in section 1504.04 above, a

supplementary registration is not appro-

priate as an amplification to reflect the

ownership, division, allocation, licensing,

or transfer of rights in a work, whether at

the time basic registration was made or

thereafter.

Examples:

1) Authors A and B are identified as

co-claimants on the basic registration

but they wish to reflect an allocation

of ownership of 25 percent to A and 75

[1984]

1500-11

~

1507 Special situations relating to corrections and

amplifications of Copyright Office records.

(cont'd)

1507.01 Special situations relating to ownership.

(cont'd)

1507.01(b) Supplementary registration not appropriate

(cont'd)

Examples: (cont’d)

I) (cont’d)

percent to B. A supplementary regis-

tration is not acceptable. An appro-

priate document may be submitted for

recordation.

2) A and B are named as co-authors and

co-claimants of the words and music

to three songs covered by a single

unpublished registration. A wishes

the records of the Copyright Office,

to reflect that he was the sole author

and claimant of the words and music to

two of the songs and that he and B are

co-authors and co-claimants of only the

third song. The Office will accept a

application for supplementary regis-

tration to correct the authorship and

ownership of the two songs authored b

A, and to show that the claim covers

only those two songs in the original

collection. Also, a new basic regis-

tration should be made for the song

which was co-authored by A and B.

1507.01(c) Transfer of ownership. Where an appli-

cation for supplementary registration is

submitted to reflect a transfer of copy-

right ownership, the Copyright Office wil

refuse registration but will suggest the

recordation of the document of transfer.

The Office will not make a supplementary

registration as a means of reflecting a

transfer of ownership.

-[1984]

1500-12

1507 Special situations relating to corrections and

amplifications of Copyright Office records.

(cont'd) 1507.01 Special situations relating to ownership.

(cont'd) 1507.01(d) Supplementary registration requested to

correct statement as to rightful claimant.

An application for supplementary regis-

tration may be accepted to correct a

statement as to the rightful claimant in

an unpublished registration effective on

or after January 1, 1978, or a work first

published after that date. See also

section 1507.01(a) above.

NOTE: Thus, where a registration was

authorized but the wrong name was given as

claimant, the Copyright Office will accept

an application for supplementary registra-

tion.

1507.01(e) Statutory copyright secured before 1978.

Where statutory copyright was secured

before 1978, and the allegation is that a

different claimant owned the copyright at

the time of basic registration, the

Copyright Office will refuse an application

for supplementary registration. A document

conveying rights from the original claimant

of record may be recorded.

1507.02 Change in name or address of author or claimant.

Where an applicant wishes to correct an error

or have the records of the Copyright Office

reflect a change in the name or address of the

author or claimant in a basic registration, the

Copyright Office will accept an application for

supplementary registration. If the applicant so

requests, the Office will record a document

reflecting such correction or change.

[1984]

1500-13

~ 1507 Special situations relating to corrections and

amplifications of Copyright Office records.

(cont'd) 1507.02 New name or address of author or claimant

Example:

The basic registration indicates that Jane

Adams is the claimant. An application for

supplementary registration is submitted to

change the claimant's name to her married

name, Jane Adams Morgan. A supplementary

application reflecting such a change is

appropriate.

1507.02(a) Change or error in name of corporate entity

or other organization. When an applicant

wishes to have the records of the Copyright

Office reflect a change in the name of a

corporate entity or other organization, the

Copyright Office will accept an application

for supplementary registration, and where

it is likely that an official document,

changing the name exists, the Office may

suggest that the document be recorded.

1507.03 Change of domicile, citizenship, and place of

publication. Where an applicant wishes to

correct an error in the basic registration wit"

respect to the domicile or citizenship of an

author or the place of publication of a work,

the Copyright Office will generally accept an

application for supplementary registration.

If, however, the correction would affect the

eligibility of the work for U.S. copyright

protection, the Office will write and point

out to the sender the consequences. If the

work was not eligible for U.S. copyright

protection on the effective date of the basic

registration, that registration will be

cancelled. The application for supplementary

registration will be filed without action.

NOTE: In no case will the acceptance by the

Copyright Office of an application for

supplementary registration result in the

cancellation of a preexisting basic

registration, unless the applicant on the

supplementary registration is the same as

the applicant on the basic registration.

r,qR41

1500-14

1507 Special situations relating to corrections and

amplifications of Copyright Office records.

(cont'd)

1507.04 Problems relating to title of work. Where

an applicant wishes to reflect a change or

correction of title or the addition of a sub-

title in a basic registration, the Copyright

Office will accept an application for supple-

mentary registration. The recordation of a

document should not be suggested for the

purpose of reflecting a change of title.

Nevertheless, the Office will record such

a document if the sender insists, after the

sender has been notified that no annotation

will be made on the application or catalog

entries of the basic registration.

1507.05 Problems relating to authorship. Problems

relating to authorship include the following.

1507.05(a) Problems relating to authorship: name of

author omitted. Where the name of an

author was omitted from the application

for the basic registration, supplementary

registration is appropriate. In those

cases where a transfer statement would have

been required on the application for the

basic registration, if that author's name

had been included, a transfer statement

will be required on the application for

supplementary registration. Where the name

of the person being added did not appear

anywhere on the records of registration,

some documentation confirming that the

person is an author may be requested.

1507.05(b) Problems relating to authorship: deletion

of name. Where applicant states that the

application for basic registration errone-

ously included a name as author which the

applicant wishes to delete, the Copyright

Office will accept an application for

supplementary registration. In certain

instances, the Office may request addi-

tional supporting statements.

[1984]

 

1500-15

 

1507 Special situations relating to corrections and

amplifications of Copyright Office records.

(cont'd)

1507.05 Problems relating to authorship. (cont'd)

1507.05(c) Problems relating to authorship: employment-

for-hire statement omitted, given in error,

or stated erroneously. Where an employ-

ment-for-hire statement was either omitted,

given in error, or stated erroneously, the

Copyright Office will accept an application

for supplementary registration which should

include in appropriate cases a new or

corrected transfer statement.

1507.06 Problems relating to nature or extent of

authorship. Where an applicant wishes either

to correct or to amplify the statement of the

nature of authorship on a basic registration,

an application for supplementary registration

may be submitted. In certain instances, it

will be necessary to examine the work either

,c by obtaining the deposited material or by

requesting additional material from the

" ,', applicant or from the collections of the

Library of Congress.

Examples:

1) The original registration limited the claim

to compilation. An application for supple-

mentary registration is submitted to make

"editing" the basis of the claim. If

statements on the copy suggest that there

is substantial editing, the supplementary

claim will be registered.

2) An application for supplementary regis-

tration is submitted adding a new author

whose only contribution is "cover art."

Examination of the copy reveals that the

artwork on the cover is not registrable.

Supplementary registration will be

refused.

[1984]

1500-16

/

)7 Special situations relating to corrections and ~

amplifications of Copyright Office records.

(cont'd)

1507.07 Problems relating to status of work. The

following problems relate to the status of a

work.

1507.07(a) Published work registered as unpublished.

Where a published work was incorrectly

registered as unpublished, a supplementary

registration is generally inappropriate,

since the deposit requirements will not

ordinarily have been met. In such cases,

a new basic registration should be made.

See also section 1507.08(d) .

1507.07(b) Unpublished work registered as published.

Where an unpublished work was registered as

published, the Copyright Office will accept

an application for supplementary registra-

tion.

1507.07(c) Incorrect date of creation. Generally, the

Copyright Office will accept an application ~

for supplementary registration to correct ~

the statement of the date of creation of a

work. However, the date of creation given

in the supplementary registration must be

the same as, or earlier than, the year date

of the effective date of the basic regis-

tration, or if the work is published, the

year date must be the same as, or earlier

than, the year of first publication.

1507.07(d) Incorrect date of publication. Generally,

the Copyright Office will accept an

application for supplementary registration

to correct the date of publication of a

work. However, in the case of a work

published before January I, 1978, the

Office will refuse to accept an application

for supplementary registration correcting

the date of publication if, according to

the records of the basic registration, the

original term of copyright has expired.

984] ~

1500-17

1507 Special situations relating to corrections and

amplifications of Copyright Office records.

(cont'd)

1507.07 Problems relating to status of work. (cont'd)

1507.07(d) Incorrect date of publication. (cont'd)

NOTE: In all cases involving a change in

the date of publication, the Examiner must

also consider the deposit requirements

applicable on the effective date of the

basic registration. See section 1507.08

below.

1507.07(d)(1) Applicable notice requirements. If

the work was published before 1978,

the Examiner must also consider the

applicable notice requirements. See

the provisions of Chapter 4 of

Compendium I, including situations

where no notice was required, under

the Regulations of the Copyright

Office then in effect, for certain

works first published outside the

United States. In the case of works

published before 1978, the following

practices apply:

* If the change in the date of publi-

cation makes the notice antedated,

the application for supplementary

registration will be annotated to

reflect the date in the notice.

The applicant must be notified as

to the effect upon the term of

copyright.

* If the change in the date of publi-

cation makes the notice postdated

by more than one year, supplementary

registration will be refused, and

the original registration will be

cancelled.

* If the change in the date of publi-

cation makes the notice postdated

by one year, supplementary regis-

tration will be made and the

applicant will be notified of the

doubtful validity of the claim.

1500-18

17 Special situations relating to corrections and ~

amplifications of Copyright Office records.

(cont'd)

1507.07 Problems relating to status of work. (cont'd)

1507.07(d) Incorrect date of publication. (cont'd)

1507.07(d)(1) Applicable notice requirement. (cont'd)

" NOTE: If the work was published before

1978 without the required notice, supple-

mentary registration will be refused

and the original registration will be

cancelled.

1507.08 Problems relating to deposits. Supplementary

registration can be used only to correct errors

or amplify facts stated in an earlier

application for a registration that has been

completed. An application for supplementary

registration is not appropriate to correct a

defect in the deposit, changes in the content

of the work, or errors in statements or notices

on the copies or phonorecords of the work in ~

question. Also, where a change in the date of ~

publication results in the applicable deposit

requirements not being satisfied, a new basic

registration would be in order, since an

appropriate deposit should be submitted.

1507.08(a) New versions. If a work has been changed

since registration was made, and if the

changes are sufficient to be the basis of

a registration, the proper procedure would

be to make a basic registration for the

revised version to reflect the additions

or revisions.

1507.08(b) Addenda and errata sheets. Where the

applicant voluntarily deposits addenda or

errata sheets for published works to be

included and/or attached to the deposit

copies after registration has been com-

pleted, such items should be referred with

984] ~

1500-19

1507 Special situations relating to corrections and

amplifications of Copyright Office records.

( cont I d) 1507.08 Problems relating to deposits. (cont'd)

1507.08(b) Addenda and errata sheets. (cont'd)

a memorandum of transmittal to the Chief,

Acquisitions and processing Division of the

Copyright Office. Where the material to be

substituted or added to the deposit copy of

an unpublished work contains sufficient

copyrightable new matter "to support a new

registration, the Copyright Office will

suggest that a new basic registration be

made for the revised version.

1507.08(c) Addition or correction of copyright notice.

Neither a supplementary registration nor a

new basic registration is appropriate to

reflect the addition or correction of a

copyright notice on copies or phonorecords

deposited to make an earlier registration.

1507.08(d) Applicable deposit requirements not met.

Where the applicable deposit requirements

were not met, a new basic registration is

in order.

Examples:

I) The basic registration indicates that

the work was unpublished: the applicant

now states that on the effective date

of registration the work was actually

published. A new application for a

basic registration should be submitted

with the required deposit and fee.

2) The basic registration states that the

work was first .published in 1979. The

applicant now asserts that the work was

actually first published in 1977. Since

copies as first published are required

for works first published before 1978,

an application for a basic registration

[1984]

1500-20

)7 Special situations relating to corrections and 4

amplifications of Copyright Office records.

(cont'd)

1507.08 Problems relating to deposits. (cont'd)

1507.08(d) Applicable deposit requirements not met.

(cont'd)

Examples: (cont'd)

2) (cont'd)

accompanied by the required deposit

should be submitted. If, however, the

work was first published without an

acceptable copyright notice, the basic

registration will be cancelled.

3) A published registration made in 1978

gives the date of publication as

December 27, 1977. The applicant now

states that the work was actually

published on November 5, 1978. If

the copies or phonorecords deposited

in connection with the earlier regis-

tration were not of the best edition

as of the effective date of that regis-

tration, a new basic registration

should be made. If, however, the

copies deposited earlier are the best

editions as of the date of the first

registration, a supplementary regis-

tration may be made to correct the

date of publication.

1507.09 Problems relating to extent of claim. The

Copyright Office will accept an application for

supplementary registration in order to add,

correct, or amplify a statement relating to the

extent of claim which was omitted or given in

error on the basic registration. Ordinarily,

examination of the original deposit will be

necessary.

1507.10 Problems relating to recorded documents. A

supplementary registration is not appropriate

to change the contents of a document previously

recorded in the Copyright Office. See section

1505.02 above. ~

984]

"""",""'""""'c'

1500-22

17 Special situations relating to corrections and ~

amplifications of Copyright Office records.

(cont'd)

1507.13 Problems relating to minor errors. (cont'd)

3) Name on certificate: John Munroe

Name on deposit: John D. Munroe

Name as amplified on Form CA: John Drummond

Munroe

4) Name on certificate: John Francis Bacon

Name on deposit: John F. Bacon

Name as corrected on Form CA: John Francis

Bacon

5) "Material Added" statement on certificate:

additional words and music.

New matter as amplified on Form CA: words

in chorus added and 16 bars of new music. -'4

1507.14 Abandonment of copyright or copyright claim.

There is no provision in the copyright statute

for abandoning a copyright or copyright claim

or any of the rights therein. However, the

Copyright Office will record an affidavit or

other statement, signed by all of the copyright

owners, purporting to abandon the copyright,

without expressing any opinion concerning its

legal effect. In such cases, the Copyright

Office will request the return of the original

certificate of registration.

)8 Completion of Form CA. The information provided on

Form CA should agree exactly with the information

as it already appears in the basic registration

that has been made for the work. Generally, the

Form CA should be compared with the basic regis-

tration to be corrected or amplified.

1508.01 Completion of Form CA: identification of work.

To identify the work, the following information

should be given:

,f

)84]

1500-23

1508 Completion of Form CA. (cont'd)

1508.01 Completion of Form CA: identification of work.

(cont'd) -

I) The title of the work as it appears in the

basic registration, including previous or

alternative titles, if they appear:

2) The registration number of the basic

registration:

3) The year when the basic registration was

completed: and

4) The name or names of the author or authors

of the work, and the copyright claimant or

claimants in the work, as they appear in

the basic registration.

See 37 C.F.R. 201.5(c)(I)(i) to (iv).

1508.01(a) Minor error. If certain information

given on the Form CA is incorrect, and the

error is minor, the Copyright Office may

correct the error without correspondence.

1508.01(b) Missing information. If less than all the

information requested above in section

1508.01 is given, but sufficient infor-

mation (more than a title) is given to

identify the basic registration with

certainty, the Copyright Office will add

by annotation the missing information from

its records at the appropriate space on the

application form. Where the information

given on the Form CA is insufficient to

identify the basic registration, the Office

will communicate with the applicant.

1508.02 Completion of Form CA: correction space. This

space should be completed only if the infor-

mation in the basic registration was incorrect

at the time the basic registration was made.

The following information should be given:

[1984]

1500-24

/

18 Completion of Form CA. (cont'd) ~

1508.02 Completion of Form CA: correction space.

(cont'd)-

I) The line number and heading or description

of the part of the basic registration where

the error occurred:

2) A transcription of the erroneous infor-

mation as it appears in the basic regis-

tration:

3) A statement of the correct information as

it should have appeared: and

4) If applicant so desires, an explanation of

the error or its correction.

See 37 C.F.R. 201.05(c)(I)(v) .

1508.03 Completion of Form CA: amplification space.

This space should be completed only for the

following reasons:

I) To reflect additional information that 4

could have been given, but was omitted at

the time basic registration was made: or

2) To reflect changes in facts, other than

those relating to transfer, license, or

ownership of rights in the work, that have

occurred since the basic registration was

made: or

3) To clarify information given in the basic

registration.

1508.03(a) Amplification space: information required.

The following information should also be

given:

I) The line number and heading or descrip-

tion of the part of the basic registra-

tion where the information to be

amplified appears:

184] ~

1500-25

1508 Completion of Form CA. (cont'd)

1508.03 Completion of Form CA: amplification space.

(cont'd)

1508.03(a) Amplification space: information required.

(cont'd)

2) A clear and succinct statement of the

information to be added: and

3) If applicant so desires, an explanation

of the amplification.

See 37 C.F.R. 201.5(c)(1)(vi).

1508.04 Completion of Form CA: information not con-

tained in appropriate space. Where the

corrected or amplified information is not

contained in the appropriate space, but appears

elsewhere on the application form, the claim

will generally be registered without corres-

pondence.

1508.05 Completion of Form CA: single form suffi-

cient for correction and amplification. A

single Form CA may be used both to amplify

and to correct a particular basic registra-

tion.

Example:

A single Form CA may be used to show a

change of title and to correct the name

of an author.

1509 Effective date of supplementary registration. The

effective date of a supplementary registration is

the date when the Copyright Office receives the

required fee and a request for a correction or

amplification which reasonably identifies the

work.

[END OF CHAPTER 1500]

 

[1984]