instead enters a number, symbol, or descriptive statement in the Name of Claimant field/space, such as “publishing designee” or “copyright control.” If the applicant is unable to identify the individual or legal entity that owns all of the rights under the copyright, the applicant should provide the author’s name in the Name of Claimant field/space, because as discussed in Section 619.7, the author may always be named as the copyright claimant even if the author has transferred the copyright to another party.
619.13(T) Name of Claimant Omitted
If the applicant fails to provide the claimant’s name and address in an online application, the application will not be accepted by the U.S. Copyright Office’s electronic registration system.
If the applicant fails to provide the claimant’s name and address in a paper application, and if the claimant is clearly identified elsewhere in the registration materials, the specialist may add the claimant’s name to the application and add an annotation to the registration record that identifies the source of that information.
If this information cannot be found elsewhere in the registration materials, the registration specialist will communicate with the applicant.
Examples:
- A Form TX is submitted for an unpublished work titled “Jean Claude’s Alley.” The Name of Author and Name of Claimant spaces are blank, but Cecil Milliner signed the application and checked the box indicating that he is the author of this work. The registration specialist may add Cecil’s name to the author and claimant spaces and may register the claim with an annotation, such as: “Regarding author information: name added from certification statement on application; claim registered in author’s name as claimant. 37 C.F.R. § 202.3(a)(3).”
- A Form SR is submitted for a sound recording naming Monroe Recording Studios as author. The work made for hire box is checked “yes,” but the Name of Claimant space is blank. Leonard Duncan signed the application as an authorized agent of Monroe Recording Studios. The registration specialist may register the claim with an annotation, such as: “Regarding copyright claimant: no name given on application; claim registered in author’s name as claimant. 37 C.F.R. § 202.3(a)(3).”
- A Form TX is submitted for a short story entitled “Beyond the Shadow of Death.” Michael Emmerich is named as the author. The Name of Claimant space is blank, but the applicant checked the box in space 5(b) of the application indicating that “[t]his is the first application submitted by this author as copyright claimant.” The registration specialist may add the author’s name to the claimant space and may register the claim with an annotation, such as:
