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1802.4 Records That Cannot Be Corrected or Amplified with a Supplementary Registration

 

1802.4 Records That Cannot Be Corrected or Amplified with a Supplementary Registration

 

A supplementary registration cannot be used to correct or amplify the following types of records:

 

Pending applications: The U.S. Copyright Office will not issue a supplementary registration to correct or amplify the information in a pending application. If the applicant discovers an error or omission in a pending application, the applicant should not file an application for supplementary registration. Instead, the applicant should contact the Office in writing using the form posted on the Office’s website, or if the applicant receives a communication from a registration specialist concerning a pending application, the applicant should notify the specialist if the application is incorrect or incomplete.

 

Applications that have been withdrawn or rejected: The Office will not issue a supplementary registration for an application that has been withdrawn by the applicant or rejected by the Office.

 

The online public record: The Office will not issue a supplementary registration to correct an error that appears only in the online public record for a particular registration.

 

• If the online public record contains an error that does not appear in the certificate of registration, the author, the claimant, or one of the other parties listed in Section 1802.1 should contact the Office in writing using the form posted on the Office’s website, instead of filing an application for supplementary registration.

 

NOTE: Some entries in the online public record cannot be changed due to the current limitations of the electronic registration system. For example, the system cannot accept diacritical marks used in Spanish, French, German, or other foreign languages, such as √ɧ, √ɬ†, √ɬ±, or √ɬº.

 

• If the online public record contains a social security number, credit card number, driver’s license number, or bank account number, this information may be removed through a procedure known as a “referral,” which is discussed in Section 1804. If the online public record contains any other type of personally identifiable information, it may be possible to remove or replace that information using the procedure discussed in Section 1805.

 

Basic registrations in the wrong class or series: The Office will not issue a supplementary registration for a work that was registered in the wrong class or series. Instead, this issue must be addressed with a procedure known as a “cancellation and substitution,” which is discussed in Section 1806.4 (A).

 

Basic registrations for multiple works. When the Office registers multiple works under a registration accommodation, it will not accept an application that seeks to reclassify the works under a different accommodation. For example, a supplementary registration cannot be used to change a registration for a group of published photographs into a registration for a compilation, a collective work, or a photographic database (or vice versa). Nor can it be used to transform a registration for an unpublished collection or a group of unpublished works into a registration for a single published work. These types of changes would alter the fundamental nature of the claim, and would undermine the legal presumptions afforded to the initial examination of the works. And it would be inconsistent with the statutory and regulatory provisions stating that a supplementary registration augments – ” but does not supersede – ” the basic registration. See 17 U.S.C. § 408 (D); 37 C.F.R. § 202.6 (F) (2); Supplementary Registration, 82 Fed. Reg. 27,424, 27,426 (June 15, 2017).

 

Basic registrations that have been cancelled or abandoned: The Office will not issue a supplementary registration for a basic registration that has been cancelled or abandoned. See 37 C.F.R. § 202.6 (D) (4)(iii); Supplementary Registration, 81 Fed. Reg. 86,656, 86,660 n.24 (Dec. 1, 2016).

 

Previous supplementary registrations: A supplementary registration cannot be used to correct or amplify the information in another supplementary registration. If the information in the basic registration is correct and if the Office previously issued a supplementary registration to address a purported error in that registration, the author, the claimant, or any of the other parties listed in Section 1802.1 may prepare a declaration or affidavit stating that the information set forth in the basic registration is correct and stating that the information set forth in the supplementary registration is incorrect. The statement may be recorded with the Office using the procedures described in Chapter 2300, Section 2309.

 

Preregistrations: The Office will not issue a supplementary registration for a preregistration made under Section 408 (F) of the Copyright Act. If there is an error or omission in a preregistration, the author, the claimant, or any of the other parties listed in Section 1802.1 may submit a new application for a new preregistration that contains the correct or missing information. If the work has been completed, the applicant may submit an application for a basic registration that contains the correct or missing information. For a detailed discussion of preregistration, see Chapter 1600.

 

Certificates of registration for mask works: A supplementary registration cannot be used to correct or amplify the information in a registration for a mask work. See 37 C.F.R. § 211.4 (F); Supplementary Registration, 81 Fed. Reg. at 86,658 n.10. However, if the Office made an error or omission in preparing the certificate, the Office will correct the mistake and will issue a new certificate to the correspondent named in the certificate. For additional information concerning this procedure, see Chapter 1200, Section 1216.

 

Certificates of registration for vessel designs: A supplementary registration cannot be used to correct or amplify the information in a registration for a vessel design. If the Office made a clerical or typographical error in preparing the certificate of registration for a vessel design, the owner of the vessel design should contact the Office in writing using the form posted on the Office’s website. If appropriate, the Office will correct the error and will issue a new certificate to the correspondent named in the certificate. If the applicant made a clerical or typographical error in the application for registration, the owner of the registered design or its duly authorized agent may submit an application for a certificate of correction using Form DC. See 37 C.F.R. § 212.8 (A) (3), (C) (2). The procedure for correcting errors in a registration for a vessel design is similar to the procedure for supplementary registration, except that the Office will issue a certificate of correction only in cases involving clerical or typographical errors. See Correction of Errors in Certificates of Registration of Vessel Hull Designs, 71 Fed. Reg. 46,402, 46,402 (Aug. 14, 2006). For additional information concerning this procedure, see Chapter 1300, Section 1317.

 

Recorded documents: A supplementary registration cannot be used to correct the information set forth in a document that has been recorded with the Office. For a discussion of the proper procedure for correcting an error in a recorded document, see Chapter 2300, Section 2308.