Compendium of U.S. Copyright Practices, 3rd Edition

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1106.5(L) Certification

1106.5(L) Certification

The application must be certified by the author/claimant named in the application, by the owner of one or more of the exclusive rights in the issues, or by a duly authorized agent of the author/claimant or the owner of exclusive rights.

The person who certifies the application certifies that the information provided in the application is correct to the best of his or her knowledge. Knowingly making a false representation of a material fact in an application, or in any written statement filed in connection with the application, is a crime that is punishable under 17 U.S.C. § 506 (E).

When completing the Certification screen, the applicant should provide the first and last name of the individual who certified the application in the space marked Name of Certifying Individual. There is no need to date the certification; the date will be added automatically when the application is received. 37 C.F.R. § 202.3 (C) (3)(iv).

In addition, the applicant should check the appropriate box indicating whether this person is the author/claimant, an owner of the exclusive rights in the works, or an authorized agent of the author/claimant or an owner of exclusive rights.

IMPORTANT NOTE: If the applicant checked the box on the Author/Claimant screen indicating that the works are anonymous or pseudonymous, and if the author does not want to reveal his or her identity in the registration record, then as discussed in Section 1106.5 (E), the author should not provide his or her real name in the certification field. Instead, the application should be certified by the author’s duly authorized agent or an owner of the exclusive rights in the works. Alternatively, the author may provide his or her pseudonym in the certification field if the author is completing the application on his or her own behalf.

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