Ch. 3
3.3.1
3.3.1
3-18
3.3.1
Factors raising questions as to publication.(cont'd)
III.
Information Furnished by Applicant. Information volunteered by the applicant or furnished in response to correspondence may contradict the publication statements (or lack of them) in the application.
3.3.2
After rejection for publication without statutory notice.
I.
Resubmission.
a.
Where a claim has been rejected for publication without statutory notice, and the applicant resubmits the material with a good notice but without reference to the earlier rejection, the claim will again be rejected if the new application contains the same date of publication or a date earlier than that of the letter of rejection.
b.
In such cases, where the date of publication has been changed to a date later than that of the rejection letter, the Copyright Office will request an explanation of the second application.
c
Where there has been a previous rejection but the applicant explains that publication had not actually taken place,when the earlier application was submitted, registration will be made following publication with notice.
II.
Unauthorized Publication.
a.
In the rare case in which the applicant alleges that the work (which lacks the statutory notice) was not published "by the copyright proprietor or under his authority," the Copyright Office may consider registration following an "authorized" publication with notice.
b.
Generally, when the copyright proprietor has authorized publication with notice, the mere fact that the person acting under his authority omitted the notice or made an error in it, will not make the publication "unauthorized."
