Page:Copyright Office Compendium 3rd Edition - Full.djvu/949

, Third Edition • Eliza Kuralt registered a bird watching guide as an unpublished work. Two days later, Eliza began selling copies of her guide over the internet. The date of publication cannot be added to the basic registration with a supplementary registration. Eliza may add the date of publication to the registration record by submitting a new application for a new basic registration together with two copies of the first published edition of her guide, even if the published version is substantially the same as the unpublished version.

• Matt Bernaski registered a computer program and mistakenly claimed that the work had not been published before. In fact, Matt distributed the program on a CD-ROM two days before he submitted his application to the Office. The date of publication cannot be added to the basic registration with a supplementary registration, because the deposit requirement for an unpublished program is not the same as the deposit requirement for a program published on a CD-ROM. However, Matt may file a new application for the published version of this work. To do so, Matt should submit a sample of the source code for his program together with one copy of the complete CD-ROM package. Matt should provide the registration number and year of registration for the previous registration in the Previous Registration field. In addition, he should provide the following statement in the New Material Included field (in the case of an online application] or on space 6(b) (in the case of a paper application): "This registration is made to correct a registration that was incorrectly made as unpublished." If appropriate, the Office may cancel the previous registration and issue a new basic registration for the work.

• Tracy Monaghan registered a genealogy that traces the history of the Monaghan family. Tracy subsequently updated and revised the genealogy after she discovered diaries, photographs, and other information about a distant member of the family. The updates and revisions cannot be added to the basic registration with a supplementary registration. However, Tracey may file a new application for a new basic registration if the updates and revisions contain a sufficient amount of copyrightable authorship to qualify as a derivative work.

A new application for a new basic registration may be filed at any time during the life of the copyright and the application may be submitted by any of the parties listed in Chapter 400, Section 402.

If the application for the new basic registration is approved, the Office will issue a certificate of registration and will create a public record for that registration. However, the Office will not cancel the previous registration or the registration number that has been assigned to that registration, it will not change the information set forth in the previous registration or the public record for that registration, and it will not cross- reference those records with the records for the new basic registration. Instead, the

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