Page:Copyright Office Compendium 3rd Edition - Full.djvu/1058

, Third Edition 2135 Effect of Change of Policy

When an original registration was entered into the record under U.S. Copyright Office policies then in effect, a renewal claim based on that original registration record generally will be registered, even when, under current policies, the original registration would not be entered.

PART VI POST-RENEWAL REGISTRATION ISSUES

2136 Multiple Renewal Claims, Including Duplicate Claims

Once a renewal registration is made in a work, registration of a later claim will depend on whether that claim provides additional ownership information for the renewal term that appears on its face to be valid. Generally, the U.S. Copyright Office will register a renewal claim that identifies at least one vested owner who is not identified as such in the renewal registration records for that work. The Office will not knowingly register a duplicate renewal claim, i.e. a renewal claim that identifies the same vested owner on the same statutory basis as an earlier renewal registration record for the same work.

When a renewal claim is filed to identify the current owner of the renewal copyright who derived that right directly or indirectly from a party already identified as a statutory renewal claimant or vested owner in a renewal registration record, the Office will refuse renewal registration and will suggest recordation to show the change of ownership, unless the renewal claim is adverse to another renewal claim that is pending or already entered into the registration record. For a discussion of adverse renewal claims, see Section 2137.

2137 Adverse Renewal Claims

An adverse renewal claim presents ownership facts for the renewal term that appear to be valid, but are in conflict with another pending renewal claim or completed renewal registration record. When such conflicts are brought to the U.S. Copyright Office's attention, the Office will attempt to notify all parties involved in the dispute based on information in its records. The Office's general practices for adverse claims apply to adverse renewal claims. For information concerning these practices, see Chapter 1800, Section 1807.

Exceptions: When a timely renewal registration was made, the Office will add an annotation on the later certificate of renewal registration and a note in the registration record regarding the timely renewal registration, even when the renewal claims are adverse. Also, when the statutory basis of a renewal claim is inconsistent with the author facts established in an original registration record, or with information available at the time the renewal claim is filed, the Office may require documentation to support the renewal claim, even when the renewal claim is adverse to a pending renewal claim or completed renewal registration record.

When a renewal claim is based on asserted facts that appear to be invalid or implausible, the Office will refuse registration as an adverse claim unless the applicant provides documentation that, in the view of the Office, sufficiently supports the asserted

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