Copyright Compendium

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619.13(L) Variance Between the Name Provided in the Name of Claimant Field / Space and the Copyright Notice

 

619.13(L) Variance Between the Name Provided in the Name of Claimant Field / Space and the Copyright Notice

 

As a general rule, the registration specialist will not communicate with the applicant if the name provided in the Name of Claimant field/space does not match the name provided in a copyright notice, if any. (A proper copyright notice was required for works published in the United States before March 1, 1989, but this requirement does not apply to unpublished works, foreign works, or works published in the United States after that date.) However, the specialist may communicate, if the variance suggests that the individual or entity named in the application is not the correct copyright claimant.

 

Examples:

 

• An application for an unpublished work names Patrick Mink as the author and copyright claimant. The copy contains the following copyright notice: “¬© 2003 Market Music Company.” The registration specialist may register the claim without communicating with the applicant, because the name that appears in the notice could be an alternative name for the copyright claimant, such as a “doing business as” designation.

 

• An application for a published work names “Frank Music Company” as the author and copyright claimant. The deposit copies contain the following copyright notice: “¬© 2011 Excelsior Music.” The registration specialist may register the claim without communicating with the applicant, because the name that appears in the notice could be an alternative name for the copyright claimant, such as an “also known as” designation.

 

• An application is submitted for a children’s book. Gloria Nelson is named as the author of “text;” Frank Moore is named as the author of “illustrations.” Gloria Nelson is named as the sole copyright claimant. No transfer statement is provided. The book contains a copyright notice that reads “text ¬© Gloria Nelson; illustrations ¬© Frank Moore.” Because the claimant name on the application varies from the information provided in the copyright notice, the registration specialist may communicate with the applicant to determine who owns the copyright in the illustrations.