2309.9 (A) Document Submitted without Attachments
If a transfer or other document pertaining to copyright indicates that an exhibit, schedule, appendix, addendum, or other attachment has been made a part of the document or has been attached thereto, the recordation specialist may communicate with the remitter if the document is submitted without the attachment. The remitter may respond by submitting a legible copy of the attachment referenced in the document. If so, the document will be recorded together with the attachment, and the date of recordation will be based on the date that the attachment was received by the Office.
In the alternative, the recordation specialist may return the document to the remitter upon request. The remitter may delete the reference to the missing attachment and resubmit the document, provided that the deletion is signed or initialed by the person or persons who executed the document or their authorized representatives. If so, the document will be recorded, and the date of recordation will be based on the date that the amended document was received by the Office.
In the alternative, the remitter may ask the recordation specialist to record the document without the attachment, provided that the remitter confirms the following:
• The attachment is completely unavailable for recordation;
• The attachment is not essential to identify the subject matter of the document; and
• It would be impossible or wholly impracticable for the person(s) who executed the document (or their representatives) to sign or initial an amendment deleting the reference to the attachment.
The remitter may provide this information in a cover letter or other written communication, or by completing Form DCS and checking the box containing the phrase “One or more attachments referenced in this document is missing.” In this situation, the specialist will record the document without communicating with the remitter and will add an annotation to the online public record for that document, such as: “Document is not complete. Recorded ‘as is.'”
For information concerning Form DCS, see Section 2309.12.