Copyright Compendium

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1802.6 (D) Author(s) of the Work

 

1802.6 (D) Author(s) of the Work

 

A supplementary registration can be used to correct an error or omission in a basic registration involving the author(s) of the work. See 37 C.F.R. § 202.6 (D) (3) (I).

 

If two or more authors created the work and some of the authors were not named in the basic registration, the names of the missing authors may be added to the registration record with a supplementary registration. The registration specialist may ask the applicant to provide documentation confirming that the other authors contributed copyrightable material to the work if the other authors are not listed in the deposit copy(ies), if there does not appear to be any connection between the other authors and the authors named in the basic registration, or if there is any other reason to question the application. In addition, the specialist may ask the applicant to provide a transfer statement in the application for supplementary registration if a similar statement would have been required if the other authors had been named in the application for the basic registration.

 

The author’s real name may be added to the registration record with a supplementary registration if the applicant provided a pseudonym in the application for the basic registration or if the basic registration states that the author is anonymous. For a discussion of anonymous and pseudonymous works, see Chapter 600, Sections 615.1 and 615.2.

 

If the wrong author is named in the basic registration, the correct name may be added to the registration record with a supplementary registration, provided that the application is filed by one of the parties listed in Section 1802.1. In addition, a statement may be added to the registration record to clarify that the person named in the basic registration is not, in fact, the author of the work (although that name cannot be removed from the original record). In some cases, the registration specialist may ask the applicant to provide a declaration or other supporting evidence confirming that the information set forth in the application for supplementary registration is correct.

 

Examples:

 

• Anne Duquesne and Phillip Craig are listed on the deposit copy as co-authors of a ballad titled “Together Forever.” Anne registered the song, naming herself as the sole author and claimant of this work. Anne may add Phillip’s name to the registration record with a supplementary registration.

 

• The U.S. Copyright Office issued a basic registration for a mash-up video. The certificate of registration states that the work was created by an author who uses the pseudonym, “Garrett London.” The author may add his real name to the registration record by submitting an application for a supplementary registration.

 

• The Office registered a children’s book, which was written by Sean Gladhill and illustrated by Dawn Bradley. Sean registered the work naming himself as the sole author and claimant of the “text.” Sean attempts to add Dawn’s name to the registration record with a supplementary registration. The registration specialist retrieves the deposit copy from the Library of Congress. The specialist will communicate with the applicant, because the copyright notice states “Text ¬© Sean Gladhill and Artwork ¬© Dawn Bradley” which suggests that Sean owns the text and Dawn owns the artwork. If it is determined that the text and the artwork are jointly owned, the specialist may issue a supplementary registration. However, if the text and the artwork are separately owned, the supplementary registration will be refused. Instead, Dawn should submit a new application for a new basic registration naming herself as the sole author and copyright claimant for the artwork.