signed by the owner or the owner's authorized agent. 17 U.S.C. § 903(b). The U.S. Copyright Office does not require the applicant to deposit the document of transfer, although the applicant may record the document with the Office. For more information on recordation, see Chapter 2300, Section 2309.
1212.6 Space 6: Date and Nation of First Commercial Exploitation
If the mask work has been commercially exploited, then the applicant must provide the complete date of first commercial exploitation in space 6. If the applicant has left space 6 blank, the registration specialist may communicate with the applicant to determine whether the mask work has been commercially exploited and will amend and annotate space 6, as appropriate, which will delay the examination of the application.
As discussed in Section 1205.2, a claim received more than two years from the date of first commercial exploitation is ineligible for registration. If, however, the two-year period ends on a day on which the U.S. Copyright Office does not receive mail [e.g., a Sunday or government holiday], the two-year period is extended to the next business day.
1212.6(A) Incomplete Date of First Commercial Exploitation
Applicants must provide a complete date of first commercial exploitation (month, day, and year). An approximation is acceptable so long as it is complete. To be acceptable, a complete approximate date should be prefaced by one of the following statements:
• On or about
• Approximately
• No later than
• No earlier than
1212.6(B) Date but No Nation Provided
If the first commercial exploitation of the mask work has occurred, the applicant must provide the nation of first commercial exploitation to establish eligibility.
1212.6(C) Nation but No Date Provided
If the applicant provides a nation of first commercial exploitation without providing a date of first commercial exploitation, the U.S. Copyright Office will communicate with the applicant to determine whether first commercial exploitation has occurred.
1212.6(D) Future Date of First Commercial Exploitation
If the applicant provides a date of commercial exploitation that is later than the date on which the claim was received by the U.S. Copyright Office, the registration specialist will communicate with the applicant to clarify the facts of exploitation. If the date has passed and is confirmed to be correct, the specialist will annotate the application to state that
Chapter 1200 : 16
12/22/2014
