201.7(c)(4). In addition, the Office will advise the correspondent that the registration may be cancelled if the defect is not resolved.
The correspondent will be given thirty days from the date set forth in the communication to resolve the defect in the registration. If the deadline falls on a weekend, a holiday, or any other nonbusiness day within Washington, DC or the federal government, the deadline will be extended until the next federal work day. 17 U.S.C. § 703. If a written response was sent in a timely manner, but arrived in the Office after the relevant deadline, the Office may apply the regulation on postal disruptions to determine the timeliness of the response. See 37 C.F.R. § 201.8(b).
If the correspondent's written response resolves the defect, the Office will correct the registration record and may issue a new certificate of registration with a new effective date of registration, if appropriate. If the correspondent fails to respond within thirty days, or if, after considering the written response, the Office determines that the defect has not been resolved, the Office will cancel the registration. See 37 C.F.R. § 201.7(c)(4).
Examples of substantive defects that may prompt the Office to cancel a registration under § 201.7(c)(4) of the regulations include:
• The work is not eligible for copyright protection in the United States under Section 104 of the Copyright Act.
• The work was registered based on a claim in material added to a preexisting work, but the application as a whole indicates that the new material is not copyrightable.
• The author of the work is neither anonymous nor pseudonymous, but the author cannot be identified because there is a substantial variance between the information provided in the application and/or the deposit copy(ies).
• The application does not identify the copyright claimant, or it appears from
the transfer statement that the claimant named in the application does not have the right to claim copyright.
• The copyright claimant cannot be adequately identified because there is a substantial variance between the information provided in the application or the information is unclear.
• The work was published on or after January 1, 1978, but the claimant named in the application was deceased on the date the application was certified.
• The work was published in the United States before March 1, 1989, and none of the exceptions set forth in Section 405(a) of the Copyright Act apply.
• The work was published in the United States before January 1, 1978, but the deposit copies do not contain a copyright notice or the notice is defective.
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