Copyright Compendium

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2137 Adverse Renewal Claims

 

2137 Adverse Renewal Claims

 

An adverse renewal claim presents ownership facts for the renewal term that appear to be valid, but are in conflict with another pending renewal claim or completed renewal registration record. When such conflicts are brought to the U.S. Copyright Office’s attention, the Office will attempt to notify all parties involved in the dispute based on information in its records. The Office’s general practices for adverse claims apply to adverse renewal claims. For information concerning these practices, see Chapter 1800, Section 1807.

 

Exceptions: When a timely renewal registration was made, the Office will add an annotation on the later certificate of renewal registration and a note in the registration record regarding the timely renewal registration, even when the renewal claims are adverse. Also, when the statutory basis of a renewal claim is inconsistent with the author facts established in an original registration record, or with information available at the time the renewal claim is filed, the Office may require documentation to support the renewal claim, even when the renewal claim is adverse to a pending renewal claim or completed renewal registration record.

 

When a renewal claim is based on asserted facts that appear to be invalid or implausible, the Office will refuse registration as an adverse claim unless the applicant provides documentation that, in the view of the Office, sufficiently supports the asserted facts. In such cases, the Office may require recordation of the document(s) to support the renewal claim, or in lieu of registration.

 

NOTE: A renewal claim is not adverse simply because its statutory basis is inconsistent with the author facts in the original registration record on which it is based. See Section 2134.