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Compendium of U.S. Copyright Office Practices, Third Edition

2205.2(F) Copyright Owner Identified by Reference

A notice that identifies the copyright owner by reference, such as "copyright by author" or "copyright by publisher," is acceptable if the copies or phonorecords contain a name, abbreviation, or a generally known designation that identifies the copyright owner as the author, the publisher, or another person or legal entity.

If the copies or phonorecords do not contain the name, an abbreviation of the name, or generally known designation that identifies the copyright owner, the U.S. Copyright Office considers the work to be published without notice. 17 U.S.C. § 406(c).

2205.2(G) Multiple Names in the Notice

When two or more names appear in the notice, but only one of those parties is named in the application as the copyright claimant, the registration specialist generally will register the claim without communicating with the applicant.

2205.2(H) Name of the Copyright Owner Separated from Other Elements in the Notice

If the copies or phonorecords contain a name, abbreviation, or generally known alternative designation for the copyright owner that is separated from the other elements of the notice, the notice may be accepted, provided that the name can reasonably be considered part of the notice.

If the copies or phonorecords contain two or more names, abbreviations, or alternative designations that are equally identifiable with the rest of the notice, the notice may be accepted if any of those names, abbreviations, or alternative designations is capable of identifying any person or entity as a copyright owner.

If none of the names, abbreviations, or alternative designations is identifiable with the rest of the notice, the U.S. Copyright Office considers the work to be published without any notice.

2205.2(1) Error in the Name of the Copyright Owner

When the person named in the notice was authorized by the copyright owner to publish the work, but is not the actual copyright owner, it is considered to be an error in the name. This does not affect the validity or ownership of the copyright. In such cases, the work may be registered at any time before the copyright expires, provided that the applicant identifies the claimant who owns the copyright at the time when the application is submitted to the U.S. Copyright Office.

17 U.S.C. § 406(a).

Chapter 2200 : 16

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Chapter _00 : 16
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