The author also may be named as the copyright claimant even if the author has transferred the copyright or one or more of the exclusive rights to another party, or even if the author does not own any of the rights at the time the application is filed. See generally Registration of Copyright: Definition of Claimant, 77 Fed. Reg. 29,257, 29,258 (May 17, 2012); Registration of Claims to Copyright, 43 Fed. Reg. 965, 965 (Jan. 5, 1978).
If the author transferred all of the rights in a work to another party, either the author or the transferee may be named as the copyright claimant, and the application may be submitted by the author, the transferee, or their respective agents. If the author transferred only some of his or her rights to another party, the author must be named as the copyright claimant, and the application to register the copyright in the author’s name may be filed by any of the parties listed in Section 402 (i.e., the author, an owner of one or more exclusive rights, or their respective agents).
405.1 Joint Works
The U.S. Copyright Office will accept an application filed by or on behalf of one or more authors of a joint work if the application is otherwise proper and complete. The application must identify all of the authors of the joint work.
If a joint author transferred all of his or her rights to a third party, either the joint author or the transferee may be named as a copyright claimant, and the application may be filed by the joint author, the transferee, or their respective agents. If a joint owner transferred only some of his or her rights to a third party, the joint author must be named as the copyright claimant, although the application to register the copyright in the joint author's name may be filed by the transferee or any of the other parties listed in Section 402.
405.2 Minors
Minors may claim copyright, and the U.S. Copyright Office will accept applications submitted either by or on behalf of a minor if the application is otherwise proper and complete.
Minors may appoint a duly authorized agent to file the application on their behalf, such as a parent, guardian, or other qualified agent. Because registration records are open to the public, the applicant should not provide any private or confidential information in the application that is not required for registration if the applicant does not wish to make that information public. Any information that is provided in the application may be made available to the general public through the Office’s online database. Once the Office issues a certificate of registration, in most cases it cannot remove any information from the registration record, including a minor’s name, address, or year of birth.
405.3 Mental Incompetents
Mental incompetents may claim copyright, and the U.S. Copyright Office will accept applications submitted either by or on behalf of a mentally incompetent person, provided the application is otherwise proper and complete. If a committee or guardian has been appointed for a person adjudged to be incompetent, such committee or
