Page:Copyright Office Compendium 3rd Edition - Full.djvu/297

Compendium of U.S. Copyright Office Practices, Third Edition

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619.13(E)(3) Individual Name Listed Above or Below the Name of a Legal Entity in a Paper Application

If the name of an individual appears above the name of an organization in a paper application, the registration specialist will conclude that the individual is the copyright claimant and that the name of the organization is part of the claimant’s address, regardless of whether the address contains the terms “c/o,” “in care of,” “attention,” or the like, as long as no other information contained in the registration materials create ambiguity.

If the name of an unincorporated organization appears above the name of an individual in a paper application, the specialist will conclude that the organization is the claimant, regardless of whether the organization appears to be a sole proprietorship or whether the individual appears to be doing business under the name of that organization. Likewise, if the name of an incorporated organization appears above the name of an individual in a paper application, the specialist will conclude that the organization is the claimant and that the name of the individual is simply part of the claimant’s mailing address.

Examples:

• A paper application names Joan Donnelly as the author of an architectural work. The following information appears in the Name of Claimant space:
  Joan Donnelly
  Hoosier Designs
  456 Enterprise Avenue
  Gary, Indiana 46401
  The registration specialist will register the claim without communicating with the applicant, because it appears that Joan is the sole copyright claimant and the name of the company is part of her address.
• A paper application names Nancy Cross as the author of music and lyrics. The following information appears in the Name of Claimant space:
  Cross Music Publishing
  c/o Nancy Cross
  234 Elm Avenue
  Chicago, Illinois 60018
  The transfer statement indicates that the claimant obtained the copyright in this work “by written agreement.” The registration specialist will register the claim, because it appears that the Cross Music Publishing is the sole copyright claimant and that the individual’s name is part of the company’s mailing address.

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