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

• Notices of distribution of digital audio recording devices or media and statements of account filed under Sections 1003 and 1004 of the Copyright Act.

This Chapter does not discuss the procedure for recording a notice of intent to enforce a restored copyright filed under the Uruguay Round Agreements Act ("URAA") or a statement of intent pertaining to the restoration of copyright protection for certain motion pictures and works embodied therein under the North American Free Trade Agreement Implementation Act ("NAFTA"]. For information concerning this procedure, see Circular 38b, Copyright Restoration Under the URAA.

Likewise, this Chapter does not discuss the procedure for recording a distinctive identification for an owner of a vessel design. For information concerning this procedure, see Chapter 1300, Section 1309.3.

2302 The Recordation Section

The U.S. Copyright Office is a federally designated agency of record that is authorized by law to maintain official records relating to copyright, including transfers of copyright ownership, notices of termination, and other documents pertaining to copyright.

The Recordation Section is responsible for examining and recording documents that are filed with the Office under Sections 203, 205, 302, 304, 903, and 1320 of the Copyright Act. The Recordation Section is part of the Office of Public Records and Repositories. Among its other responsibilities, this Office is responsible for recording interim designation of agents that are filed under Section 512(c)(2) of the Copyright Act.

17U.S.C. §§

203(a)(4), 205(a), 302(c), 302(d), 304(c)(4)(A), 304(d)(1), 512(c)(2), 903(c), 1320(d).

2303 Recordation Distinguished from Registration

Recordation and registration are separate procedures. The U.S. Copyright Office registers claims to copyright, while the Office records transfers of copyright ownership, documents pertaining to copyright, and other documents that are listed in Section 2304 below.

To register a claim to copyright, an applicant must submit an application, deposit copy(ies), and the appropriate filing fee. The registration specialist will examine the application and the deposit copy(ies) to determine if the material deposited constitutes copyrightable subject matter and if the other legal and formal requirements for registration have been met.

To record a document, a remitter must submit a signed document together with the appropriate filing fee. A separate application is not required, although a remitter may submit a transfer or other document pertaining to copyright together with a document cover sheet submitted on Form DCS. For information concerning this form, see Section 2309.6.

A transfer of copyright ownership, a document pertaining to copyright, and other types of documents may be recorded, even if the copyright has not been registered with the

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Chapter _00 : 9
12/22/2014