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

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1606.9 Certification

1606.9 Certification

On the Notification & Certification screen the applicant will be asked to certify the application. Specifically, the applicant should provide the first and last name of the individual who is certifying the application and should check the box labeled “I agree.” By checking this box, the applicant certifies that he or she is the author, the copyright claimant, the owner of one or more exclusive rights of the work described in the application, or the authorized agent of the author, copyright claimant, or owner of exclusive rights. In addition, the applicant certifies that the work is being prepared for commercial distribution, that he or she has a reasonable expectation that the work will be commercially distributed to the public, and that the information given in the application is correct to the best of his or her knowledge. 37 C.F.R. § 202.16 (C) (8); see also Preregistration of Certain Unpublished Copyright Claims, 70 Fed. Reg. 61,905, 61,906 (Oct. 27, 2005).

Certifications are an important part of the preregistration procedure. The following acts constitute a crime that is punishable pursuant to Title 18, Section 1001 of the U.S. Code: knowingly and willfully falsifying, concealing, or covering-up a material fact; making any materially false, fictitious, or fraudulent statement or representation; or making or using any false writing or document knowing that it contains any materially false, fictitious, or fraudulent statement or entry in an application for preregistration.

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