organization that owns all the rights under copyright that initially belonged to the author of that work. 37 C.F.R. § 202.3(a)(3).
A person or entity that owns one or more – but less than all – of the exclusive rights in a work is not eligible to claim ownership of the entire copyright in the records maintained by the U.S. Copyright Office. The Office will not knowingly allow a party that owns less than all the exclusive rights in a work to register the copyright in his or her own name, because this would create a misleading and inaccurate public record and it would subvert the purpose of the registration system. Registration of Claims to Copyright, 43 Fed. Reg. 965, 965 (Jan. 5, 1978).
619.2 The Claimant Must Be an Individual or a Legal Entity
The claimant named in an application must be a human being or a legal entity that is capable of owning property. As a general rule, the registration specialist will conclude that a legal entity is capable of owning property if that entity has been named as the copyright claimant, unless there is evidence to the contrary in the registration materials.
619.3 When Is an Individual or Legal Entity Eligible to Be a Copyright Claimant?
An application naming the author as the copyright claimant may be filed at any time before the copyright expires.
An individual or entity that owns all of the rights under copyright that initially belonged to the author may be named as the copyright claimant at any time during the life of the copyright, provided that the party owns all of the rights, whether by transfer, bequeath, or operation of law, as of the date that the application is received in the Office. If the copyright is owned jointly by two or more parties, all of the owners must be listed in the application.
619.4 Claimants Distinguished from the Owner of a Copy or Phonorecord of the Work
Ownership of the copyright in a work of authorship is distinct from ownership of the material object in which the work has been fixed. Ownership of a copy or phonorecord does not convey any rights in the copyright, nor does the transfer of ownership of the copyright convey properly rights in any material object in which the work has been fixed (absent an agreement to that effect). 17 U.S.C. § 202.
619.5 Claimants Distinguished from the Applicant and the Correspondent
As discussed above, the author of the work or a person or entity that owns all of the rights in the copyright that initially belonged to the author are the only parties entitled to be named as a copyright claimant. However, an application to register a copyright claim maybe filed by other parties. 37 C.F.R. § 202.3(a)(3), (c)(1).
The applicant is the party who certifies the application and submits it to the U.S. Copyright Office. An application to register a copyright may be certified and submitted by any of the following parties:
