Examples:
• On April 10, 2005 Pick Up Sticks LLC submitted an application to register an album and asserted a claim in "music, lyrics, and sound recording." The Office registered the claim in class SR. Pick Up Sticks subsequently filed an application for supplementary registration stating that the company owns the music and lyrics embodied in this album, but does not own the copyright in the sound recording. Pick Up Sticks should have registered this claim in class PA, rather than class SR. The Office will cancel the initial registration and will issue a new registration in class PA with an effective date of registration of April 10, 2005.
• Tally Ho, Inc. submitted an application to register its website as a literary work and stated that the site has been published in the United States. The Office issued a registration with an effective date of registration of August 20, 2009 and numbered the registration in series TX. On September 1, 2010 Tally Ho filed an application for supplementary registration stating that the website is, in
fact, unpublished; therefore, the registration should have been numbered in series TXu. The Office will not cancel the basic registration, but instead, will issue a new registration in the correct series with an effective date of registration of September 1, 2010.
1806.4(B) Registrations Cancelled for Failure to Pay the Filing Fee
The U.S. Copyright Office will cancel a registration if a check received in payment of the filing fee is returned to the Office for insufficient funds or is otherwise uncollectible. 37 C.F.R. § 201.7(c)(2].
The applicant will be notified in writing that the check could not be collected. If the filing fee is received within forty-five days from the date set forth in the notice, the Office will issue a new certificate of registration. The new effective date of registration will be the date that the new filing fee was received.
If the filing fee is not received within forty-five days, the registration will be cancelled. If the applicant would like to resubmit the work for registration, the applicant should file a new application, together with new deposit copy(ies) and the correct filing fee. In appropriate cases, the Office reserves the right to require a certified check or money order, and in all cases, the effective date of registration will be based on the date that the new submission is received by the Office.
NOTE: This practice supersedes the Policy Decision Regarding Immediate Cancellation of Registration in Uncollectible Check Cases set forth in 46 Fed. Reg. 30,221, 30,221 (June 5, 1981].
See generally Cancellation of Completed Registrations, 50 Fed. Reg. 33,065, 33,066-67 (Aug. 16, 1985).
Chapter 1800 : 36
12/22/2014
