Page:Copyright Office Compendium 3rd Edition - Full.djvu/782

, Third Edition Examples of acceptable notice locations include:

• In close proximity to the hull identification number;

• In close proximity to the driver's helm console such that it is in plain view from the console;

• If the vessel is twenty feet in length overall or less, in close proximity to the capacity marking plate or notice; or

• In close proximity to the make and/or model designation of the vessel.

37 C.F.R.§ 212.4(d).

1310 Importance of Registration

1310.1 Registration Required for Ten-Year Protection

To secure protection of a vessel design for the entire ten-year term, owners must file an application to register the design with the U.S. Copyright Office within two years of the date on which the design was first "made public." Otherwise, protection under Chapter 13 will be lost. 17 U.S.C. § 1310(a)-(b). For example, a claim in a vessel design that was first made public on October 31, 2013 must be received in the Office prior to or on October 31, 2015 to be protected.

1310.2 Benefits of Registration

After the U.S. Copyright Office issues a certificate of registration, the owner of the vessel design or the exclusive licensee of all rights in the vessel design may institute a civil action for infringement, provided the infringement occurred after the commencement of the term of protection. 17 U.S.C. § 1321(a).

Further, a certificate of registration for a vessel design issued by the Office constitutes prima facie evidence of the facts stated in the certificate. 17 U.S.C. § 1314.

1311 Registration Procedures

The required elements for registration of vessel designs are set forth in Section 1311.1 below. See 17 U.S.C. § 1310; 37 C.F.R. § 212.3(b).

1311.1 Required Elements for Registration

An application to register a vessel design must contain the following elements:

• A completed paper application using Form D-VH;

• A nonrefundable filing fee; and

• Deposit material.

Chapter 1300 : 12

12/22/2014 Chapter _00 : 12