Page:Copyright Office Compendium 3rd Edition - Full.djvu/930

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Compendium of U.S. Copyright Office Practices, Third Edition

Jessica registered a song titled "Termination Nation." She named Jessica Fineman, Inc. as the author and copyright claimant and she checked the box indicating that the song was created as a work made for hire. In 2013 Jessica submits an application for supplementary registration stating that she should have named herself as the author of this song and the work made for hire box should have been checked "no," because she did not write this work as an employee of Jessica Fineman, Inc. Jessica also provides the transfer statement "by written agreement" to explain that she assigned the copyright in this song to her closely held corporation. The registration specialist will issue the supplementary registration.

• Julian Chariot is an amateur songwriter. In 2000 he registered a song titled "Trust Me." Julian named himself as the author and claimant, but mistakenly checked the work made for hire box "yes," because he assumed that this is the best way to tell the world that he wants to be hired as a songwriter. In 2013, Julian submits an application for a supplementary registration stating that the work made for hire box should have been checked "no." The registration specialist will issue the supplementary registration.

1802.6(F) Copyright Claimant(s)

A supplementary registration may be used to correct an error in the basic registration involving the copyright claimant. It may also be used to add the name of a co-claimant who should have been listed in the application for a basic registration (regardless of whether the co-claimant is — or is not — a co-author of the work). See 37 C.F.R. § 201.5[b][2](ii](A).

In all cases, this determination should be based on the facts that existed at the time when the basic registration was made. As discussed in Section 1802.7(B), information about a claimant or co-claimant who acquired the copyright after that date cannot be added to the registration record with a supplementary registration. See Corrections and Amplifications of Copyright Registrations; Applications for Supplementary Registration, 63 Fed. Reg. 59,235, 59,235 (Nov. 3, 1998). Recording a transfer or other document pertaining to copyright is the only means for adding subsequent information to the registration record.

If the copyright was co-owned by two or more parties when the application for the basic registration was submitted to the U.S. Copyright Office and if one or more of those co- owners was not listed in the basic registration, their name(s) may be added to the registration record with a supplementary registration. In some cases, the applicant may be asked to provide a transfer statement in the application for supplementary registration or other documentation if a similar statement would have been required if the other co-owner(s) had been named in the application for the basic registration.

If an author of the work was listed in the basic registration as an author, but not as a copyright claimant, the author's name may be added as a claimant to the registration record with a supplementary registration. In the alternative, the author may file a new

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