Page:Copyright Office Compendium 3rd Edition - Full.djvu/1057

, Third Edition recorded a document to "abandon" a particular registration record they had made. When an original registration record was cancelled or was putatively abandoned by the applicant by recordation of a document, the Office generally will refuse a renewal claim based on the cancelled or "abandoned" registration record. If it appears, however, that the work may have secured the full original term of copyright and may be eligible for renewal registration, the Office will advise the applicant accordingly. When a renewal registration is based on an "abandoned" original registration record, the Office will add an annotation to the certificate of renewal registration certificate and a note in the registration record regarding the recorded document.

2133 Abandonment of Copyright

When a renewal claim is based on an original registration record that refers to a recorded document purporting to abandon the copyright in the work, the U.S. Copyright Office may register the renewal claim if, after advising the renewal applicant of the recorded document, the applicant verifies that no other action was taken to notify the public of the intent to abandon the copyright and reasserts the claim to the renewal copyright. If the author or proprietor took further action to notify the public of the intent to abandon the copyright (such as authorizing the publication of a statement in a number of well-known newspapers that the properly rights in a particular work would no longer be enforced], the Office may refuse to register the renewal claim based on the original registration record.

2134 New or Different Information from the Original Registration Record

Generally, when a renewal claim is based on an original registration record, it should reflect the facts given in that record; however, the U.S. Copyright Office may register renewal claims that contain facts not stated in the original registration record when such facts make the renewal registration record more useful or accurate. When a renewal claim provides information that is different from information in the original registration record, the applicant must provide supporting documentation, and recordation may be required. For information regarding uncorrected original registration records, see Section 2130.

When the statutory basis of a renewal claim is inconsistent with the author facts in the original registration record, the Office will advise the renewal applicant of the inconsistency and inquire about the circumstances under which the work was created. If the basis of the renewal claim indicates that the work is a proprietary work, the Office will request information to verify that the requirements to claim the renewal copyright under one of these exceptions are met. If the renewal claim is adverse to a renewal claim in process or a renewal registration already on the record, see Section 2137.

NOTE: The Office will refuse to register a renewal claim that is based on, or contains, new information that calls into question the term of copyright or the validity of the original registration record. It may also refuse to register a renewal claim with information that cannot be supported or, in some cases verified by a knowledgeable source, or appears on its face to be implausible.

Chapter 2100 : 67

12/22/2014 Chapter _00 : 67