- application to register the first song. Because Grantham submitted a single CD as the deposit copy for all of its applications, the Office will ask the company to pay an additional fee for using the same deposit copy for the claims that do not require special handling. If Grantham does not wish to pay the additional fee, the company should submit a separate CD as the deposit copy for the applications that do not require expedited service.
See Policy Decision: Revised Special Handling Procedures, 56 Fed. Reg. at 37,528; Policy Decision Announcing an Increase in the Fee for Special Handling of Applications for Copyright Registration, 49 Fed. Reg. 39,741 (Oct. 10, 1984).
624 Certification
This Section discusses the procedures for certifying a copyright application and the practices regarding the examination of the Certification field/space.
624.1 The Significance of the Certification
The person who signs a copyright application certifies that the information provided therein is correct to the best of his or her knowledge. 37 C.F.R. § 202.3(c)(2)(iii). Knowingly making a false representation of a material fact in an application for copyright registration, or in any written statement filed in connection with the application, is a crime that is punishable under 17 U.S.C. § 506(e).
624.2 Who May Certify the Application?
The applicant is the party who certifies the certification and submits the application to the U.S. Copyright Office. An application to register a claim to copyright may be certified by any of the following parties:
- The author of the work.
- A person or organization that has obtained all of the rights under copyright from the author.
- An owner of one or more – but less than all – of the exclusive rights in the work.
- A duly authorized agent of any of the foregoing parties.
No other person or entity is entitled to certify a copyright application. 37 C.F.R. § 202.3(c)(2)(i).
624.2(A) Application Certified by the Author or the Author’s Duly Authorized Agent
If the author owns all of the rights under the copyright on the date that the application is submitted, the author should be named in the application as the copyright claimant. In this situation, the application to register that claim should be certified by the author or the author’s duly authorized agent.
