North American International Auto Show 2012; Baselworld 2013); and the location and physical setting or surroundings depicted in the photographs. In addition, the applicant may provide a general description of the photograph [e.g., lighting, background scenery, positioning of the subject matter depicted in the photograph] and any locations and events (if applicable) associated with the photographs [e.g., Super Bowl XXXIX]. 37 C.F.R. § 202.16(c)(6)(vi).
1606.8 Notification
On the Notification & Certification screen the applicant should provide the email address to which the notification of preregistration should be sent.
1606.9 Certification
On the Notification & Certification screen the applicant will be asked to certify the application. Specifically, the applicant should provide the first and last name of the individual who is certifying the application and should check the box labeled "I agree." By checking this box, the applicant certifies that he or she is the author, the copyright claimant, the owner of one or more exclusive rights of the work described in the application, or the authorized agent of the author, copyright claimant, or owner of exclusive rights. In addition, the applicant certifies that the work is being prepared for commercial distribution, that he or she has a reasonable expectation that the work will be commercially distributed to the public, and that the information given in the application is correct to the best of his or her knowledge. 37 C.F.R. § 202.16(c)(8); see also Preregistration of Certain Unpublished Copyright Claims, 70 Fed. Reg. 61,905, 61,906 (Oct. 27, 2005).
Certifications are an important part of the preregistration procedure. The following acts constitute a crime that is punishable pursuant to Title 18, Section 1001 of the U.S. Code: knowingly and willfully falsifying, concealing, or covering-up a material fact; making any materially false, fictitious, or fraudulent statement or representation; or making or using any false writing or document knowing that it contains any materially false, fictitious, or fraudulent statement or entry in an application for preregistration.
1606.10 Filing Fee
The current filing fee for an application for preregistration is set forth in the U.S. Copyright Office's fee schedule under the heading "Preregistration of certain unpublished works" (www.copyright.gov/docs/fees.html). For information concerning the methods for paying this filing fee, see Chapter 1400, Sections 1403.4 and 1403.5.
The Office will not refund the filing fee under any circumstances. Nor will the Office credit the fee toward the filing fee for an application for a basic registration, even if the applicant intended to submit an application for registration but submitted an application for preregistration by mistake. See 37 C.F.R. § 202.16(c)(5).
1607 Examination Guidelines
Because a preregistration does not constitute prima facie evidence of the validity of the copyright or the facts stated in the notification of preregistration, the registration
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