a supplementary registration until the dispute has been resolved. The authorship and ownership of the work appear to be directly at issue in the litigation, and if the Office added Mark's name to the registration record for Michelle's registration it could upset the balance between the competing registrations.
If the Office is aware that there is litigation or an adverse claim involving a basic registration, the Office may issue a supplementary registration if the applicant intends to make a minor change in that registration or if it seems unlikely that the proposed change would be directly at issue in the dispute. Examples of minor changes or changes that are not likely to be at issue in a legal dispute include spelling mistakes, clerical errors, or changes to the title or publication status of the work.
Example:
• Olga Jensen registered a song titled "My Daddy Hated Those Crutches," naming herself as the author and copyright claimant. Olga submits an application for supplementary registration stating that the title of the work should be changed to "My Daddy Never Needed Those Crutches." In the cover letter Olga explains that she intends to sue a radio station for playing this song without permission. Although there is prospective litigation involving this song, the registration specialist may issue the supplementary registration because it appears that the title of the work has changed since the registration was made.
For a general discussion of adverse claims, see Section 1807.
If the U.S. Copyright Office determines that the applicant is not authorized to file the application for supplementary registration or that the other requirements for a supplementary registration have not been met, the registration specialist will refuse registration. A refusal to register only some of the elements in an application for supplementary registration may be communicated in a telephone conversation, by email, or by letter. A decision to reject the entire application will be made by a written communication sent to the mailing address provided in space E of the application.
If the applicant disagrees with the Office's decision, the applicant may appeal that decision within the Office. This is an administrative procedure known as a request for reconsideration. To exercise this option, the applicant should follow the procedures set forth in 37 C.F.R. § 202.5 and Chapter 1700, Sections 1703 and 1708.
If the changes proposed in the application for supplementary registration indicate that the work does not constitute copyrightable subject matter or that the other legal and formal requirements for obtaining a basic registration have not been met, the U.S. Copyright Office may refuse to issue a supplementary registration and may issue a proposal to cancel the basic registration.
1802.9(G)
Refusal to Register
1802.9(H)
Cancellation of a Basic Registration
Chapter 1800 : 28
12/22/2014
