Copyright Compendium

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619.13 (E) (3) Individual Name Listed Above or Below the Name of a Legal Entity in a Paper Application

 

619.13 (E) (3) Individual Name Listed Above or Below the Name of a Legal Entity in a Paper Application

 

If the name of an individual appears above the name of an organization in a paper application and if there are no other ambiguities in the registration materials, the registration specialist will conclude that the individual is the copyright claimant and that the name of the organization is part of the claimant’s address, regardless of whether the address contains the terms “c/o,” “in care of,” “attention,” or the like.

 

If the name of an unincorporated organization appears above the name of an individual in a paper application and if there are no other ambiguities, the specialist will conclude that the organization is the claimant, regardless of whether the organization appears to be a sole proprietorship or whether the individual appears to be doing business under the name of that organization. Likewise, if the name of an incorporated organization appears above the name of an individual in a paper application and if there are no other ambiguities, the specialist will conclude that the organization is the claimant and that the name of the individual is simply part of the claimant’s mailing address.

 

Examples:

 

• A paper application names Joan Donnelly as the author of a technical drawing. The following information appears in the Name of Claimant space:

 

Joan Donnelly Hoosier Designs

456 Enterprise Avenue

Gary, Indiana 46401

 

The registration specialist will register the claim without communicating with the applicant, because it appears that Joan is the sole copyright claimant and the name of the company is part of her address.

 

• A paper application names Nancy Cross as the author of music and lyrics. The following information appears in the Name of Claimant space:

 

Cross Music Publishing c/o Nancy Cross

234 Elm Avenue

Chicago, Illinois 60018

 

The transfer statement indicates that the claimant obtained the copyright in this work “by written agreement.” The registration specialist will register the claim, because it appears that the Cross Music Publishing is the sole copyright claimant and that the individual’s name is part of the company’s mailing address.

 

• A paper application names Alexis Consulting, Inc., as the author and the work made for hire box is checked “yes.” The following information appears in the Name of Claimant space:

 

Alexis Consulting, Inc. Robin Alexis

1001 Main Street

Parole, MD 21401

 

The registration specialist will register the claim, because it appears that Alexis Consulting, Inc. is the sole copyright claimant and that the individual’s name is part of the company’s mailing address.