Page:Copyright Office Compendium 3rd Edition - Full.djvu/1056

This page needs to be proofread.
Compendium of U.S. Copyright Office Practices, Third Edition

published or unpublished and the effect the error had on the validity of the original registration record.

The Copyright Act of 1976 provided for supplementary registration, which then became the primary means of correcting and amplifying registration records, including original registration records for works that secured copyright under the Copyright Act of 1909. 17 U.S.C. § 408(d).

NOTE: Once the original term of copyright is expired it is not possible to file for supplementary registration to correct or amplify information in an original registration record; 33 nor is it possible to file a supplementary registration for a renewal registration record to change facts established in the original registration record. For information regarding a renewal registration based on uncorrected original registration records, see Section 2130. For information about correcting renewal registration records, see Section 2138.

When a renewal claim is based on an original registration record that refers to, or is cross-referenced with a corrective action, the effect on renewal registration depends generally on the corrective action. For example, the Office generally will not register a renewal claim based on an original registration record that was corrected by a corrective registration; rather, the renewal claim will be based on the corrective registration. Conversely, when an original registration record was corrected by supplementary registration, a renewal claim cannot be based on the supplementary registration record; it must be based on the original registration record. When a document was recorded to add or correct information in an original registration record, the Office will take that information into consideration and will inform the applicant of the recorded document when it appears the applicant is unaware of it. For information about post-registration correction of renewal registration records, see Section 2138.

2132 Cancelled or Abandoned Original Registration Records

While U.S. Copyright Office regulations did not provide for cancellation of records under the Copyright Act of 1909, Office practices required that certain registration records be cancelled when an Office error caused a record to be entered in error or in the wrong class, or when there was lack of payment. 37 C.F.R. § 201.5 (1977]. Sometimes a party

33 This policy was instituted by the Office in 2006 after all original copyrights had expired. Supplementary registrations made during the renewal term to correct original registration records should not be considered to have been made in error.

Chapter 2100 : 66

12/22/2014


Chapter _00 : 66
12/22/2014