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618.8 (E) Variances Between the Information Provided in the Application and Elsewhere in the Registration Materials

618.8 (E) Variances Between the Information Provided in the Application and Elsewhere in the Registration Materials


As a general rule, the information provided in the Author Created field or the Nature of Authorship space should be consistent with the information that appears in the deposit copy(ies) or elsewhere in the registration materials. In some cases, the registration specialist may give greater weight to the information that appears in the application, if that information does not raise additional questions concerning the identity of the authors or the ownership of the copyright in the deposit copy(ies).


Example:


• An application is submitted for a musical work naming Sally Ember and Derek Thomas as the co-authors and describing each author’s contribution as “music, lyrics.” The deposit copy states “music by Derek Thomas; lyrics by Sally Ember.” The registration specialist may register the claim without communicating with the applicant, because the variance between the application and the deposit copy does not affect the scope of the claim or the ownership of the copyright in the work.


The specialist may communicate with the applicant if there is a material variance between the information provided in the Author Created field or the Nature of Authorship space and the statements that appear on the deposit copy(ies) or elsewhere in the registration materials.


Examples:


• A paper application is submitted on Form VA for a sketching workbook naming Mary Hill as the author and claimant of “2-D artwork and some instructional text.” The copyright notice on the workbook reads “¬© Professional Design, Inc.” A statement on the deposit copy indicates Mary Hill is an employee of Professional Design, Inc. The registration specialist may communicate with the applicant, because there appears to be a material variance between the application and the statements given in the deposit copy and the copyright notice.


• Prendergast Jones submits an application for a book titled Try Another Career. The application states that Prendergast created the “text” and “photographs,” but a statement on the deposit copies reads “text by Prendergast Jones, photographs by Aloicious Gadfly.” The registration specialist may communicate with the applicant, because there appears to be a material variance between the application and the deposit copies.

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