1802.6 (I) Publication Issues
As a general rule, an error involving the date of publication for the work may be corrected with a supplementary registration. This determination should be based on the facts that existed at the time when the basic registration was made.
For instance, if the applicant mistakenly provided a date of publication for a work that has not been published, a statement may be added to the registration record to clarify that the work is actually unpublished. If the applicant provided the wrong date of publication in the application for basic registration, the correct date may be added to the registration record with a supplementary registration. However, the registration specialist may ask the applicant to confirm that the deposit copies submitted with the application for the basic registration are identical to the first published edition of that work.
• Olivia Morland created a fabric design for her line of t-shirts. In the application for basic registration, Olivia stated that the design was first published on May 31, 2011, but in fact, she began selling her t- shirts on April 1, 2011. Olivia may add the correct date of publication to the registration record with a supplementary registration. The specialist may communicate with Olivia to confirm that the deposit copies submitted with the application for the basic registration are the copies that were first published on April 1, 2011.
• Brigitte Byrne is the author of a choreographic work that debuted at the Kennedy Center on September 15, 2010. The next day she filed an application to register her work with the U.S. Copyright Office. In her application, Brigitte stated that work was published on September 15, 2010, because she mistakenly assumed that a public performance constitutes publication. Brigitte may correct this mistake by filing an application for a supplementary registration stating that the work is, in fact, unpublished.
In some cases an error involving the publication of the work cannot be corrected with a supplementary registration. Instead, the applicant must submit a new application for a new basic registration. These types of publication issues are discussed in Section 1802.7 (C).