Page:Copyright Office Compendium 3rd Edition - Full.djvu/195

, Third Edition 612.7(A)&emsp;Claim in a Published Work Contradicted by Information Provided Elsewhere in the Registration Materials

As a general rule, if the asserts that the work has been, the work will be registered as a published work, unless the  discovers evidence to the contrary elsewhere in the registration materials.

The specialist may communicate with the applicant if the or other information in the registration materials suggests that the work is  or if it appears that the applicant provided a date and nation of first publication by mistake. For instance, the specialist may question whether publication has in fact occurred in cases such as the following:


 * The applicant gives a publication date on her application and states that she “recited this poem at a poetry slam,” or “played this song at church,” or “performed this dance on cable access television,” or otherwise indicates that the work was “performed” or “broadcast.” In such cases, the registration specialist may communicate with the applicant, and explain that a public performance of a work, in and of itself, does not constitute publication under U.S. copyright law.
 * The applicant states that a painting or sculpture was “exhibited in a gallery,” “shown in a museum,” or otherwise indicates that the work was publicly displayed. The registration specialist may communicate with the applicant and explain that a public display, in and of itself, does not constitute publication under U.S. copyright law.

612.7(B)&emsp;Claim in an Unpublished Work Contradicted by Information Provided Elsewhere in the Registration Materials

As a general rule, if the affirmatively states that the work is  (in the case of an online application) or if the applicant does not complete the date and nation of first publication space (in the case of a paper application), the work will be registered as an unpublished work, unless the information provided elsewhere in the registration materials clearly suggest that publication has occurred.

If the applicant claims that the work is unpublished, the may communicate with the applicant if the  or other information in the registration materials suggests that the work has been. For example, the registration specialist may communicate with the applicant in cases such as the following:

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 * The applicant submits two professionally printed or  of the work and there is other evidence in the registration materials of publication.
 * The applicant submits an application to register a serial or a contribution to a serial more than one month after the date that appears in the deposit copies.
 * The applicant submits an application to register a jewelry design along with a catalog where the work has been advertised for sale.
 * The applicant submits a musical score bearing the legend “for rental only.”