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612.7 (B) Claim in an Unpublished Work Contradicted by Information Provided Elsewhere in the Registration Materials

612.7 (B) Claim in an Unpublished Work Contradicted by Information Provided Elsewhere in the Registration Materials


As a general rule, if the applicant affirmatively states that the work is unpublished (in the case of an online application) or if the applicant does not complete the date and nation of first publication space (in the case of a paper application), the work will be registered as an unpublished work, unless the information provided elsewhere in the registration materials clearly suggest that publication has occurred.


If the applicant claims that the work is unpublished, the registration specialist may communicate with the applicant if the deposit copy(ies) or other information in the registration materials suggests that the work has been published. For example, the registration specialist may communicate with the applicant in cases such as the following:


• The applicant submits two professionally printed copies or phonorecords of the work and there is other evidence in the registration materials of publication.


• The applicant submits an application to register a serial or a contribution to a serial more than one month after the date that appears in the deposit copies.


• The applicant submits an application to register a jewelry design along with a catalog where the work has been advertised for sale.


• The applicant submits a musical score bearing the legend “for rental only.”


• The applicant submits an application to register multiple episodes of a television series that are known to be in syndication.


• The cover for a compact disc states that the works are “from the album      ” and the registration specialist is aware that the album has been advertised in a trade publication.


• The applicant submits an application for a novel and the registration specialist is aware that the work has appeared on a best seller list.


• The applicant submits multiple applications for similar types of works, and provides a date of publication on all but one of the applications.

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