was published sometime thereafter, the date of publication cannot be added with a supplementary registration. Instead, the applicant may provide the date of publication by submitting a new application for a new basic registration to register the first published edition of the work (even if the published version "is substantially the same as the unpublished version"). 17 U.S.C. § 408(e); 37 C.F.R. § 202.3(b)(ll)(i).
• Publication issues: Published work registered as an unpublished work. If the applicant incorrectly stated that the work was unpublished, when in fact, the work was published, the date of publication may be added with a supplementary registration, but only if the deposit requirement for the published work and the unpublished work are the same. If the deposit requirements are different, the applicant may provide the date of publication by submitting a new application for a new basic registration together with proper deposit copies for the published edition of the work.
• Derivative work issues: If the work has been changed or revised since the registration was issued, the changes or revisions cannot be added to the registration record with a supplementary registration. If the changes or revisions contain a sufficient amount of original authorship, the applicant should submit a new application for a new basic registration together with the correct deposit copy(ies) for the derivative work.
• Adverse claims: If the applicant contends that the basic registration is invalid because the application was filed by or on behalf of a party who was not authorized to register the copyright, the applicant should assert an adverse claim. Specifically, the applicant should file a new application for a basic registration on behalf of the party who should have been named as the copyright claimant. See 37 C.F.R. § 202.3(b)(ll)(iii).
Ordinarily, the registration number and year of registration for the basic registration should be provided in an application for a new basic registration. Specifically, the applicant should provide this information in the Previous Registration field (in the case of an online application) or on space 5 (in the case of a paper application). However, if an applicant intends to assert an adverse claim, the applicant should not provide the registration number for the other registration in the Previous Registration field/space. Instead, the applicant should provide a brief statement in the Note to Copyright Office field or in a cover letter indicating that the exact same work has been registered by another party. The registration specialist may add a note to the certificate of registration and the online public record indicating the presence of correspondence in the file or may add a note clarifying that the applicant has asserted an adverse claim.
Examples:
• Dennis Lockhart and Betty Patton co-wrote a ballad titled "Forever Apart." The Office issued a basic registration naming Dennis and Betty as the co-authors and Dennis as the sole copyright claimant. Dennis may add Betty's name to the Name of Claimant field with a supplementary registration. In the alternative, Betty may file a new application for a new basic registration naming herself as the copyright claimant for this work if the work is jointly owned.
Chapter 1800 : 31
12/22/2014
