- The applicant submits an application to register multiple episodes of a television series that are known to be in syndication.
- The cover for a compact disc states that the works are “from the album ________” and the registration specialist is aware that the album has been advertised in a trade publication.
- The applicant submits an application for a novel and the registration specialist is aware that the work has appeared on a best seller list.
- The applicant submits multiple applications for similar types of works, and provides a date of publication on all but one of the applications.
612.7(C) Nation of Publication Given in a Paper Application without a Date of Publication
If the applicant provides a nation of first publication on a paper application, but fails to provide a date of first publication, the registration specialist may remove the country name from the registration record and register the work as unpublished (provided that the work appears to be unpublished). In addition, the specialist may add an annotation to the registration record to document this change.
Example:
- The U.S. Copyright Office receives a paper application, along with one copy or phonorecord of the work. The applicant states that the work was published in the United States, but fails to provide a date of publication. The deposit copy is handwritten or homemade (such as a CDR deposited for a claim in music and sound recording). The registration specialist will register the claim without communicating with the applicant. In this situation, the specialist will remove the nation of first publication from the application, and may add an annotation, such as: “Regarding publication: no publication date given; registered as unpublished.”
612.7(D) Extraneous Statements Concerning Publication
As a general rule, there is no need to explain the basis for the applicant’s statement that the work is published or unpublished. The registration specialist will not communicate with the applicant if such extraneous statements are provided, unless they are contradicted by information found in the deposit copy(ies), elsewhere in the registration materials, or other materials.
Examples:
- An application is submitted for a recording of a live sporting event. In the Note to Copyright Office field the applicant states that the event was “televised on New Year’s Day,” but the applicant does not provide a date or nation of publication. The statement is considered
