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1802.3 Records That May Be Corrected or Amplified with a Supplementary Registration

 

1802.3 Records That May Be Corrected or Amplified with a Supplementary Registration

 

A supplementary registration may be used to correct or amplify the information set forth in the following types of registrations:

 

• A basic registration issued on or after January 1, 1978 (including group registrations).

 

• A copyright registration or renewal registration for a work that was registered or first published on or before December 31, 1977.

 

See 37 C.F.R. § 202.6 (B) (1) (I)-(iii).

 

The U.S. Copyright Office may decline to issue a supplementary registration for a basic registration for a work that was registered or first published on or before December 31, 1977, because those registrations have expired by now. Allowing interested parties to correct or amplify the information in a basic registration after the initial term expired creates a potential for error, mistake, or even fraud. See Supplementary Registration, 81 Fed. Reg. 86,656, 86,660 (Dec. 1, 2016). A supplementary registration could have significant consequences in a legal dispute, given that a certificate of registration may create an evidentiary presumption concerning the facts stated in the certificate. 17 U.S.C. § 410 (C). In exceptional circumstances, the Office may issue a supplementary registration for a basic registration that covered the first twenty-eight years of the copyright term, but only if the proposed correction or amplification is supported by clear, convincing, and objective documentation. See 37 C.F.R. § 202.6 (D) (6). For information concerning this option, see Chapter 2100, Section 2131. For general information concerning the practices and procedures for correcting or amending a renewal registration, see Chapter 2100, Section 2138.

 

A supplementary registration may be used to correct or amplify the information in one basic registration or one renewal registration. The Office will not issue a supplementary registration that attempts to correct or amplify the information set forth in multiple registrations. However, there is no limit on the number of supplementary registrations that may be issued and cross-referenced with a basic registration or a renewal registration. See Supplementary Registration, 81 Fed. Reg. at 86,660.