Copyright Compendium

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2309.9 (E) Redacted Documents

 

2309.9 (E) Redacted Documents

 

The Office has adopted an interim practice that allows a remitter to record a redacted document provided that the following conditions have been met:

 

• The remitter must satisfy the recordation requirements specified in Section 2309.7.

 

• The blank or blocked out portions of the document must be initialed or labeled “redacted” (regardless of whether the redactions appear in the document itself or the attachments thereto).

 

• Each page of the document must be accounted for.

 

The remitter may redact an entire page of a transfer or other document pertaining to copyright, provided that the page contains a brief statement indicating that the entire page has been redacted and provided that the page numbers for the entire document (if any) remain visible. If pages appear to be missing, the recordation specialist will return the document to the remitter and explain that the completeness requirement has not been met.

 

Although the Office will record a redacted document, the Office does not intend to suggest that it is appropriate to redact large portions of a transfer or other document pertaining to copyright. Remitters should redact only those portions of a document that contain sensitive information, such as financial terms. Excessive redactions limit the benefits of constructive notice, because this presumption only applies to the “facts stated in the recorded documents.” 17 U.S.C. § 205 (C).

 

NOTE: The Office may adopt final regulations that may alter the interim practice described in this Section. See Recordation of Documents, 70 Fed. Reg. 44,049, 44,051 (Aug. 1, 2005).