Copyright Compendium

Search
Filters
Exact matches only
Search in title
Search in content
Chapter 100
Chapter 200
Chapter 300
Chapter 400
Chapter 500
Chapter 600
Chapter 700
Chapter 800
Chapter 900
Chapter 1000
Chapter 1100
Chapter 1200
Chapter 1300
Chapter 1400
Chapter 1500
Chapter 1600
Chapter 1700
Chapter 1800
Chapter 1900
Chapter 2000
Chapter 2100
Chapter 2200
Chapter 2300
Chapter 2400

613.10 (B) (1) (B) Material Variances

 

613.10 (B) (1) (B) Material Variances

If there is a material variance between the name given in the application and the name given on the deposit copy(ies), the registration specialist may register the claim if it is clear that both names refer to the same person. The name that appears on the deposit copy(ies) may be added to the online public record, and it may be added to the registration record with an annotation.

 

Examples:

 

• Sally Burnham-Jones submits an application to register an app. The deposit copy names “Sally Jones” as the author. The application names “Sally Burnham” as the author and claimant, and the application is certified by “Sally Burnham-Jones.” The registration specialist will register the claim, because Sally Jones appears to be the author’s married name. The specialist may add an annotation to the registration record, such as: “Regarding author information: Name appears on copy as Sally Jones.” The specialist also may add that name to the online public record.

 

• The U.S. Copyright Office receives an application to register a song. The application names Lawrence Mitchell, Janet Carlyle, and Robert Thomas as the authors of the music and lyrics. The liner notes state that the authors of the work are Yard Dog, Metal Head, and The Enforcer. The registration specialist will register the claim. The names that appear on the deposit copy may be added to the online public record, because they appear to be pseudonyms for the individuals named in the application.

 

• Jason Brown submits an application to register a song on Form PA. The application names Jason Brown as the author of “lyrics” and Cathy Unger as the author of “music.” The deposit copy states “written by the Marvels.” The registration specialist will register the claim because “the Marvels” appears to be the name of Jason and Cathy’s performing group. The name that appears on the deposit copy may be added to the online public record.

 

If there is a material variance between the name listed in the application and the name given on the deposit copy(ies), and if it is unclear whether the names given in the application and the deposit copy(ies) refer to the same person, the registration specialist will communicate with the applicant. If the applicant confirms that the name in the application is incorrect, the specialist will add the correct name to the registration record. If the applicant states that the name given in the application is correct, the specialist will register the claim. In addition, the specialist will add the name that appears on the deposit copy(ies) to the online public record, and will place a note in the registration record indicating that there is correspondence in the file.

 

Examples:

 

• The Office receives an online application for an instrumental track titled “Zippy Beat.” The application names Jason Herbert and Cynthia Schmidt as the authors of the work. The file name for the deposit copy reads, “Zippybeat2012byJasonandDavid.mp3.” The registration specialist will communicate with the applicant, because there is a material variance between the names entered in the application and the names from the deposit copy.

 

• An application for a musical work names Randy Potemkin as the author, but the deposit copy states “music by Mary Jones.” The registration specialist will communicate with the applicant. The applicant confirms that the work was created by Mary (rather than Randy). The specialist will replace the name given in the application with the name given on the deposit.

 

• An application for an article names Randolph Smith and Jason McCombs as co-authors of the work and the pseudonymous box is checked “no.” The deposit copy states that the work was “written by Randolph Smith and George Bilford.” The registration specialist will communicate with the applicant. The applicant confirms that the work was created by Randolph, Jason, and George. The specialist will add George’s name to the registration record and register the claim. The specialist will add a note to the registration record indicating that the file contains correspondence.