Page:Copyright Office Compendium 3rd Edition - Full.djvu/781

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

generally accepted alternative designation of the owner. 17 U.S.C. § 1306(a); 37 C.F.R. § 212.4(b).

1309.3 Name or Distinctive Identification of Owner

A distinctive identification of the owner may be substituted for the actual name of the owner, provided that the distinctive identification is recorded with the U.S. Copyright Office prior to registration of the design marked with the distinctive identification. 37 C.F.R. § 212.4(c).

To record a distinctive identification of an owner of a vessel design with the Office, the applicant must submit a document that contains the following information:

• The name and address of the owner;

• A statement of the owner that she or he is entitled to use the distinctive identification;

• A statement or description of the identification; and

• The recordation filing fee.

37 C.F.R. § 212.5. The current fee is set forth in the Office's fee schedule under the heading "Recordation of Documents" (www.copyright.gov/docs/fees.html). For information concerning the methods for paying this fee, see Chapter 1400, Sections 1403.4 and 1403.5.

The document and fee should be mailed to the following address:

Library of Congress U.S. Copyright Office - DOC 101 Independence Avenue SE Washington, DC 20559

1309.4 Placement of Notice

A vessel design notice must be "located and applied as to give reasonable notice of design protection" while the vessel "is passing through its normal channels of commerce." 17 U.S.C. § 1306(b); 37 C.F.R. § 212.4(a)(1). Further, the notice must be "legible under normal conditions of use, and affixed in such a manner and position that, when affixed, it may be viewed upon reasonable examination." The notice does not need to be permanently embossed or engraved into the vessel hull or deck, provided it is affixed in a manner that it is not likely to become unattached or illegible under normal conditions of use. 37 C.F.R. § 212.4(a)(2).

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