- an annotation, such as: “Regarding certification: certification affirmed by phone call (or email) with [name of person] on [date].”
- An online application is submitted for a prospectus naming Precious Metals Corporation as the author and copyright claimant. The certification reads “Precious Metals.” The registration specialist will communicate with the applicant and explain that the application must be certified by an individual and that the applicant should provide the first and last name of the certifying individual. The specialist will add this name to the registration record along with an annotation, such as: “Regarding certification: certification affirmed by phone call (or email) with [name of person] on [date].”
- Canny Royce submits an online application to register a toy car. In the Certification field, the applicant signs the application “C.R.” The registration specialist will communicate with the applicant to request the full name of the individual who certified the application. The specialist will add this name to the registration record along with an annotation, such as: “Regarding certification: certification affirmed by phone call (or email) with [name of person] on [date].”
624.4(B) Date of Certification in a Paper Application
When completing a paper application, the applicant should specify the month, day, and year that the application was certified. 37 C.F.R. § 202.3(c)(2)(iv). The date of the certification may be the same as the date that the application is received in the U.S. Copyright Office, but it cannot be later than the date of receipt or earlier than the date of publication specified in the application. If the date specified in the Certification space is later than the date that the application was received, the registration specialist will communicate with the applicant. Likewise, if the date of publication specified in space 3(b) of the application is later than the date of the certification, the specialist will communicate with the applicant to confirm that the date of publication is correct. 37 C.F.R. § 202.3(c)(2)(iv).
Examples:
- Kitt Robbins submits a paper application that is received by the Copyright Office on September 1, 2012. The certification is dated October 2, 2012. The registration specialist communicates with the applicant by phone on March 15, 2013. If the applicant confirms that the information set forth in the application is correct, the specialist will register the claim with an effective date of registration of September 1, 2012. In addition, the specialist will add a note to the registration record indicating that there is correspondence in the record.
- Jason Johns signs his application on August 25, 2012 and mails it to the Office. The application is received on September 1, 2012. The application gives October 1, 2012 as the date of publication. The
