619.13(K) Variances Between the Name Provided in the Name of Claimant Field / Space and Elsewhere in the Registration Materials
As a general rule, the individual or legal entity that is identified in the application as the copyright claimant should be consistent with the ownership information that appears on the deposit copy(ies) or elsewhere in the registration materials. Ordinarily, the registration specialist will give greater weight to the information that appears in the Name of Claimant field/space. If appropriate, the specialist may add an annotation to the registration record to clarify the claimant’s name or to add information that appears on the deposit copy(ies) or elsewhere in the registration materials. The specialist will communicate with the applicant if the variance between the name provided in the Name of Claimant field/space is inconsistent with the ownership statements that appear on the deposit copy(ies) or elsewhere in the registration materials.
Example:
- An application is submitted naming Maureen Hope Sullivan as the author and Maureen Sullivan Romagnoli as the copyright claimant. A statement on the deposit copies reads “by Maureen Romagnoli.” The registration specialist may register the claim because Maureen Sullivan appears to be the author’s maiden name or married name. The specialist may add an annotation to the record, such as: “Regarding author information: name appears on deposit copy as Maureen Romagnoli.”
619.13(L) Variance Between the Name Provided in the Name of Claimant Field / Space and the Copyright Notice
As a general rule, the registration specialist will not communicate with the applicant if the name provided in the Name of Claimant field/space does not match the name provided in a copyright notice, if any. (A proper copyright notice was required for works published in the United States before March 1, 1989, but this requirement does not apply to unpublished works, foreign works, or works published in the United States after that date.) However, the specialist may communicate, if the variance suggests that the individual or entity named in the application is not the correct copyright claimant.
Examples:
- An application for an unpublished work names Patrick Mink as the author and copyright claimant. The copy contains the following copyright notice: “© 2003 Market Music Company.” The registration specialist may register the claim without communicating with the applicant, because the name that appears in the notice could be an alternative name for the copyright claimant, such as a “doing business as” designation.
- An application for a published work names “Frank Music Company” as the author and copyright claimant. The deposit copies contain the following copyright notice: “© 2011 Excelsior Music.” The registration specialist may register the claim without
