1802.12 Registration Decision Date and Effective Date of Supplementary Registration
The certificate of registration and the online public record for a supplementary registration contain the registration number and effective date for that registration. The certificate may also contain a registration decision date.
The “registration decision date” is the date that the U.S. Copyright Office completed its review of the application for supplementary registration and approved the claim. This date appears on certificates issued on or after August 19, 2019, but it does not appear in the online public record for such claims.
The effective date of registration (“EDR”) is the day on which an acceptable application and filing fee, which are later determined by the Register of Copyrights or by a court of competent jurisdiction to be acceptable for supplementary registration, have all been received in the Copyright Office.” See 17 U.S.C. § 410 (D).
As a general rule, if the applicant makes a reasonable, good faith effort to identify the basic registration that needs to be corrected or amplified and completes the relevant fields/spaces in the application, the effective date of registration will be the date that the Office received the application, provided that the applicant paid the applicable filing fee as of that date.
The Office cannot assign an effective date of registration if the changes proposed in the application are improper. See Sections 1802.5 through 1802.7 (H). Likewise, the Office cannot assign an effective date of registration if the applicant submits an unacceptable form of payment, such as uncollectible checks, unsigned checks, postdated checks, mutilated checks, illegible checks, fees made payable in a foreign currency, or the like. If the Office issues a certificate of supplementary registration and if the payment for the filing fee is returned for insufficient funds, or if the Office subsequently determines that the registration should not have been issued, the supplementary registration will be cancelled.
The effective date of registration for the basic registration and the effective date of registration for the supplementary registration will coexist with each other in the registration record. The Office maintains both records to allow courts to decide (I) whether the changes made by the supplementary registration are material, and (ii) whether those changes should or should not be deemed effective as of the date that the basic registration was made or the date that the supplementary registration was made.