Page:Compendium of US Copyright Office Practices, II (1984).pdf/532

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

1600-3

1603
Copyright Office policy. (cont'd)
1603.03
When recordation suggested. (cont'd)

Example:

An application for registration is submitted where a claim in the same work has already been registered in the name of the prior owner of copyright. When the second registration is sought to reflect the change of ownership, the Copyright Office will refuse to make a second registration, but will point out the possibility of reflecting the change in ownership by recording the instrument of transfer.
1604

The nature of the document. A document may be questioned by the Copyright Office when there is no indication of any direct or indirect relationship to a copyright claim.

Example:

A bill of lading referring to a shipment of motion picture films.

1604.01
Recordation not a substitute for registration. A document may be recorded even if a claim to copyright in the work to which it refers has not been registered for copyright.
1604.02
Relationship between document and copyright unclear. Where the relationship between the document to be recorded and a potential copyright claim is unclear or obscure, the Office may clarify that recordation is in no case a substitute for copyright registration. Similarly, a registration is not a substitute for recordation.
1604.03

Document apparently submitted in error. Where it seems probable that the document has been submitted to the Copyright Office in error, it may be questioned or, in clear cases, returned without recordation.

Example:

An assignment of rights limited to a trademark or patent.