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

for the initial document and the corrected document will coexist with each other in the public record, and the recordation for the corrected document augments — but does not supersede — the recordation for the initial document.

2308.2 Errors or Omissions in the Online Public Record for a Recorded Document

If the remitter submits a document together with an electronic title list and if that list contains errors or omissions, similar errors or omissions may appear in the online public record for that document. In such cases, the remitter may correct the record by submitting a corrected version of the electronic title list. For information concerning this procedure, see Section 2309.13(C).

If the Office made a clerical or typographical error in indexing a document that was not caused by a corresponding error in the electronic title list for that document (if any), the remitter should contact the Office in writing using the form posted on the Office's website (www.copyright.gov/help/general-form.html). If appropriate, the Office will attempt to correct the error in the online public record.

2309 Recordation of Transfers of Ownership and Other Documents Pertaining to Copyright

Sections 2309.1 through 2309.13 discuss the practices and procedures for recording a transfer of ownership or other document pertaining to copyright. The practices and procedures described in these Sections also apply to documents pertaining to mask works and vessel designs.

2309.1 What Is a Transfer of Ownership?

Section 205(a) of the Copyright Act states that "[a]ny transfer of copyright ownership . . . may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document."

Section 101 of the Copyright Act states that a "transfer of copyright ownership" is "an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect . . ." It also states that a nonexclusive license is not a transfer of copyright ownership.

The copyright in a work of authorship initially belongs to the author or co-authors of that work. Section 201(d)(1) of the Copyright Act states that "[t]he ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession."

As a general rule, a transfer of copyright ownership must be made in writing and it must be signed by the owner of the rights conveyed or the owner's duly authorized agent.

17 U.S.C. §§ 101, 201(d), 204(a).

Chapter 2300 : 19

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Chapter _00 : 19
12/22/2014