Page:Compendium of US Copyright Office Practices (1973).pdf/458

S-103

PART II

Error Made by Applicant in Application or Copy at Time of Registration

This part outlines the procedures which should be followed in handling cases where the applicant himself made a mistake on the application or copy at the time of registration which he feels is important enough to correct. The mistake is such that the examiner could not be held responsible for failing to note the error. The following are examples of this type of mistake: incorrect date of publication; incorrect or incomplete authorship given; incorrect citizenship; incorrect affidavit information; error in spelling of author's name.

These procedures are not appropriate where some fact on the original application has changed since regis­ tration was completed, or where the error is one that the Examining Division should have discovered at the time of registration.

I.

General Rule. Where it is determined that the applicant has made a mistake in the application or copy at the time of registration and the mistake is one which does not involve an Examining Division error, the appropriate course of action initially depends upon whether the registration in question covers a published or unpublished work.

II.

Published works. If no Examining Division error is involved and the registration in question covers a PUBLISHED WORK, the appropriate course of action further depends upon whether the original publication was authorized or unauthorized.

A.

Authorized publication. If it seems likely that the original publication was authorized by the author or his assignee, but the application contains an error,

Part II