Page:Copyright Office Compendium 3rd Edition - Full.djvu/151

, Third Edition *Whether the other legal and formal requirements have been met, including those set forth in the Copyright Act, the U.S. Copyright Office’s regulations, and the Compendium of U.S. Copyright Office Practices, Third Edition.

As a general rule, the Office will register a to copyright where the work contains copyrightable subject matter, where the application is acceptable on its face, and where the facts stated therein are not contradicted by each other or by information in the  or elsewhere in the registration materials.

602.4(C)&emsp;No Searches or Comparison of Works

When examining a to copyright, the U.S. Copyright Office generally does not compare  to determine whether the work for which registration is sought is substantially similar to another work. Likewise, the Office generally does not conduct searches to determine whether the work has been previously registered.

602.4(D)&emsp;Factual Determinations and Administrative Notice

As a general rule, the U.S. Copyright Office accepts the facts stated in the registration materials, unless they are contradicted by information provided elsewhere in the registration materials or in the Office’s records. Knowingly making a false representation of a material fact in an application for copyright registration, or in any written statement filed in connection with an application, is a crime that is punishable under 17 U.S.C. § 506(e).

Ordinarily, the Office does not conduct investigations or make findings of fact to confirm the truth of any statement made in an application, such as whether a work has been or not. However, the Office may take administrative notice of facts or matters that are known by the Office or the general public, and may use that knowledge to question an application that appears to contain or be based upon inaccurate or erroneous information.

602.5&emsp;General Practices for Processing Information Provided in a Paper Application

The information provided in a paper application will be scanned and uploaded into the U.S. Copyright Office’s electronic registration system. To the extent possible, the Office will include this information in the registration record. In some cases, it may not be possible or practical to enter all of the information into the registration record. In all cases, the Office will retain an electronic copy of the scanned paper form.

602.6&emsp;General Policy Regarding Location of Information

The information that the provides to the U.S. Copyright Office should be provided in the appropriate field of the online application or space of the paper application.

If the applicant provides the required information in the application, but the information does not appear in the correct field or space, the may register the claim, provided that the  is clear. In the alternative, the specialist may Chapter 600 : 19