Page:Copyright Office Compendium 3rd Edition - Full.djvu/766

, Third Edition submit the application and that the statements made are correct to the best of that person's knowledge.

The applicant may be either the owner of the mask work or the duly authorized agent of the owner. 37 C.F.R. § 211.4(b)(2).

1212.10(B) Dispersed Signature

A signature anywhere within the boundaries of space 11 is acceptable; signatures outside space 11 are unacceptable.

1212.10(C) "Typed Signature" Space Hand Printed or Blank

The regulations for mask work registration require that the typed or printed name of the applicant accompany the signature. 37 C.F.R. § 211.4(b)(3)(H).

1212.10(D) Certification Date

A certification date is not required. However, if the application provides a certification date later than the receipt date or precedes the date of first commercial exploitation, the registration specialist will communicate with the applicant to confirm the facts stated on the application.

1212.11 Space 12: Mail Certification To

Applicants must complete this space to ensure prompt delivery of the certificate of registration. If it is left blank and the U.S. Copyright Office received other claims from the same applicant with space 12 is completed, the registration specialist may add the same address with an annotation and may register the claim without communicating with the applicant. If the address can be determined with certainty from space 4, space 6, or from a cover letter, the specialist may add that address to space 12 with an annotation without communicating with the applicant. Otherwise, the registration specialist will communicate with the applicant to obtain the correct address, provided a telephone number, mailing address, or email address has been given in space 9 of the application.

1213 Preparing the Deposit Material

The required deposit material for mask works is identifying material. The required contents of the ID material vary depending on (i) whether the work has been commercially exploited, or (ii) whether the work contains trade secrets.

As stated above in Section 1204.4, commercial exploitation is defined as the distribution of a semiconductor chip product embodying a mask work to the public for commercial purposes. The term includes an offer to sell or transfer the mask work when the offer is in writing and occurs after the mask work is fixed in the semiconductor chip product. 17 U.S.C.§ 901(a)(5).

Where an applicant makes a claim that the identifying materials normally required to be deposited contain information that is subject to trade secret protection, certain material may be withheld from the deposit of identifying material.

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