the public record. To facilitate the imaging process, documents and any attachments thereto should be 8 % by 11 inches in size, and the pages should be clipped together rather than stapled.
If the document is illegible or if it cannot be legibly reproduced by the Office, the recordation specialist may communicate with the remitter or may refuse to record the document.
2309.9 The Completeness Requirement
A transfer or other document pertaining to copyright may be recorded, provided that the document is complete by its own terms. A document is considered complete by its own terms if it is submitted for recordation together with any exhibit, schedule, appendix, addendum, or similar attachment that is referenced in the document.
If the document appears to be incomplete, the recordation specialist may communicate with the remitter or may refuse to record the document.
Examples:
• An assignment of copyright is submitted with an attachment titled "Schedule A." The first sentence of the assignment reads: "The assignor hereby assigns the copyright in the musical compositionfs] listed in Schedule A to this Assignment to the Assignee." The recordation specialist will record the assignment and the attachment thereto without communicating with the remitter.
• A publishing agreement is submitted together with three attachments titled "Exhibit A: Assignment," "Exhibit B: Bill of Sale," "Exhibit C: Servicing Agreement." Each attachment appears to be a self-contained part of the publishing agreement. The recordation specialist will record the publishing agreement together with the attachments thereto without communicating with the remitter.
2309.9(A) Document Submitted without Attachments
If a transfer or other document pertaining to copyright indicates that an exhibit, schedule, appendix, addendum, or other attachment has been made a part of the document or has been attached thereto, the recordation specialist may communicate with the remitter if the document is submitted without the attachment. The remitter may respond by submitting a legible copy of the attachment referenced in the document. If so, the document will be recorded together with the attachment, and the date of recordation will be based on the date that the attachment was received by the Office.
In the alternative, the recordation specialist may return the document to the remitter upon request. The remitter may delete the reference to the missing attachment and resubmit the document, provided that the deletion is signed or initialed by the person or persons who executed the document or their authorized representatives. If so, the document will be recorded, and the date of recordation will be based on the date that the amended document was received by the Office.
Chapter 2300 : 24
12/22/2014
