1802.6 (F) Copyright Claimant(s)
A supplementary registration may be used to correct an error in the basic registration involving the copyright claimant. It may also be used to add the name of a co-claimant who should have been listed in the application for a basic registration (regardless of whether the co-claimant is – or is not – a co-author of the work). See 37 C.F.R. § 202.6 (D) (3) (I).
This determination should be based on the facts that existed at the time when the basic registration was made. As discussed in Section 1802.7 (B), information about a claimant or co-claimant who acquired the copyright after that date cannot be added to the registration record with a supplementary registration. See Corrections and Amplifications of Copyright Registrations; Applications for Supplementary Registration, 63 Fed. Reg. 59,235, 59,235 (Nov. 3, 1998). Recording a transfer or other document pertaining to copyright is the only means for adding subsequent information to the registration record.
If the copyright was co-owned by two or more parties when the application for the basic registration was submitted to the U.S. Copyright Office and if one or more of those co- owners was not listed in the basic registration, their name(s) may be added to the registration record with a supplementary registration. See 37 C.F.R. § 202.6 (D) (3) (I).
In some cases, the applicant may be asked to provide a transfer statement in the application for supplementary registration or other documentation if a similar statement would have been required if the other co-owner(s) had been named in the application for the basic registration.
If an author of the work was listed in the basic registration as an author, but not as a copyright claimant, the author’s name may be added as a claimant to the registration record with a supplementary registration. In the alternative, the author may file a new application for a new basic registration that names the author as the copyright claimant. See Section 1803.
If the wrong claimant was 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 name provided in the basic registration is incorrect (although that name cannot be removed from the basic registration). 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.
• Tracey Ebert and Karen Colby co-wrote a screenplay titled Hair Force One. On July 1, 2006 Karen assigned her share of the copyright to Graffiti Studios. On July 31, 2006 Tracey submitted an application to register the screenplay, naming herself as the sole copyright claimant. Tracey may file an application for supplementary registration naming Graffiti as a co-claimant. Tracey should provide a transfer statement that explains how the company obtained the copyright in this work. In addition, the registration specialist may ask Tracey to submit additional documentation concerning this transfer.
• Kris Anderson and Karina Ramsey registered the songs “Be the Best” and “Hornet’s Nest,” which were published on the album
Falling in Love in a Small Town. The basic registration named Kris and Karina as the co-authors and co-claimants for these works. In fact, Kris is the sole author and owner of “Be the Best,” and Karina is the sole author and owner of “Hornet’s Nest.” If the U.S. Copyright Office had been aware of this when the application was filed, it would have asked the applicant to exclude one of these songs from the application. “Be the Best” or “Hornet’s Nest” may be removed from the registration record with a supplementary registration that deletes the title of the work and removes Kris’s or Karina’s name from the Author/Claimant fields. The song that has been removed from the registration record may be registered separately by filing a new application for a new basic registration that names the correct individual as the author and owner of that song.