Page:Copyright Office Compendium 3rd Edition - Full.djvu/786

, Third Edition 1312.2(C) Space 2C: Prior Designs

Applicants should complete space 2C only if the claimed design revises, adapts, or rearranges a prior design. In such cases, space 2C should contain a clear description of the prior design with sufficient detail to distinguish the prior design from the new design, as well as a description of the revisions, adaptations, or rearrangements that resulted in the new design.

If the claimed design is not based on a prior design, applicants should leave space 2C blank.

1312.3 Space 3: Identify the Designer

In space 3, the applicant should provide the name of the person or persons whose creative endeavors have resulted in the creation of the claimed design.

The name of the employer of the designerfs] may be entered instead of the individual designer or designers if:

• The design was created in the regular scope of an individual designer's employment; and

• The individual authorship of the design is too difficult or impossible to ascribe because, for instance, multiple employee-designers contributed to the creation of the design.

17 U.S.C. § 1310(g). In such cases, the applicant must check the box provided in space 3 which affirms that the design was created during the scope of an author's or authors' employment, and provide the name and address of the employer.

1312.4 Space 4: Identify the Owner if Different from the Designer

If the designer identified in space 3 is not the owner of the claimed design, applicants must provide the name of the owner of the design in space 4. If the designer in space 3 is the owner of the design, applicants should leave space 4 blank or write "N/A."

1312.5 Space 5: Priority Claims

A claimed design that was previously filed in a foreign country within six months of submitting the U.S. application is referred to as a "priority claim." See Section 1306.2. In such cases, the effective date of registration in the United States will be the same as the date of registration in the foreign country provided that the following conditions are satisfied:

• The country where foreign registration was made provides similar protection to U.S. citizens; and

• The law of the foreign country where previous registration was made provides protection for vessel designs of U.S. citizens similar to the protection provided in 17 U.S.C. Chapter 13.

Chapter 1300 : 16

12/22/2014 Chapter _00 : 16