Page:Copyright Office Compendium 3rd Edition - Full.djvu/1176

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

owner(s). If the copyright has been registered, the document should be signed by the copyright claimant(s) named in the certificate of registration or by an authorized agent of the copyright claimantfs). If the copyright has been transferred or assigned to a party who is not named in the certificate, or if the copyright has not been registered, the document should be signed by all of the owners or co-owners of the rights specified in the document or by an authorized agent of such owner(s). In all cases, the document must contain the actual signature(s) of the person or person(s) who executed the document or a legible photocopy or other facsimile of the signature together with a sworn certification that satisfies the requirements set forth in Section 201.4(c)(1) of the regulations.

• Filing fee. The remitter should submit the appropriate filing fee. The fee for recording an abandonment is the same as the fee for recording a document pertaining to copyright. For information concerning this fee, see Section 2309.11 above.

To record an abandonment, the remitter should submit a signed copy of the document to the following address together with the appropriate filing fee:

Library of Congress U.S. Copyright Office-DOC 101 Independence Avenue SE Washington, DC 20559-6000

In the alternative, the document and the filing fee may be delivered by hand to the Public Information Office at the address specified in Chapter 200, Section 204.1(B)(3). The Public Information Office will provide the remitter with a date-stamped receipt that lists the title of no more than one of the works listed in the abandonment.

The Office will record an abandonment as a document pertaining to copyright without offering any opinion as to the legal effect of the document. The document will be returned to the party that submitted it, along with a certificate of recordation. In addition, the Office will create an online public record that identifies the title and registration number (if any) for the first work listed in the document, the name of the party who executed the document, the date of execution, the document number assigned to the recorded document, and the date of recordation. However, the Office will not cross-reference this record with the online public record for the registration (s) referenced in the document (if any).

2312 Designation of Agent to Receive Notifications of Alleged Infringement Under Section 512(c) of the Copyright Act

Section 512(c) of the Copyright Act limits the liability of online service providers for copyright claims involving material residing on their systems or networks at the direction of a user. See 17 U.S.C. § 512(c)(2). To invoke this provision, service providers must satisfy certain conditions. In particular, the service provider must designate an agent to receive notifications of alleged infringement and must provide the agent's name, address, and other contact information to the U.S. Copyright Office. See, e.g., Oppenheimer v. Allvoices, Inc., 2014 U.S. Dist. LEXIS 80323, at *17 (N.D. Cal. June 10, 2014) (holding that an online service provider "may not invoke the safe harbor found

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