Page:Copyright Office Compendium 3rd Edition - Full.djvu/88

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Compendium: Chapter 400

Who May File an Application

401 What This Chapter Covers

This Chapter provides general information on who may and may not submit an application to register a copyright claim.

For information on who may file a claim for specific types of works, who may file a renewal application, and who may record a transfer of ownership, a notice of termination, or other documents pertaining to copyright, see the following chapters:

  • For mask works, see Chapter 1200, Section 1211.
  • For vessel designs, see Chapter 1300, Section 1311.2.
  • For renewal applications, see Chapter 2100, Section 2115.5.
  • For recording documents, see Chapter 2300, Sections 2309.4, 2310.6, 2311, 2312.1, 2313.5, and 2314.6.

402 Who Is the Applicant?

The applicant is the party who signs the certification and submits the application to the U.S. Copyright Office. Any of the following parties may certify and submit an application to register a copyright claim:

  • The author of the work;
  • The owner of all the exclusive rights in the work;
  • The owner of one or more – but less than all – of the exclusive rights in the work; or
  • A duly authorized agent of any of the foregoing parties.

No other parties are entitled to file an application for copyright registration. See 17 U.S.C. § 408(a) (stating that “the owner of copyright or of any exclusive right in the work may obtain registration of the copyright claim”); see also 37 C.F.R. § 202.3(c)(1) (specifying the parties who may submit an application for copyright registration); Registration of Copyright: Definition of Claimant, 77 Fed. Reg. 29,257, 29,258 (May 17, 2012).

403 Who Is the Correspondent?

When completing an application, the applicant must provide the name, address, and other contact information for the person or persons whom the Office should contact if the registration specialist has questions or concerns regarding the application. This person is referred to as the correspondent.


Chapter 400 : 3
12/22/2014