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, Third Edition or 106A of the Copyright Act. For a discussion of this procedure, see Chapter 2300, Section 2311.

1806 Cancellation

This Section discusses the practices and procedures for cancelling a registration issued by the U.S. Copyright Office.

1806.1 What Is Cancellation?

Cancellation is a procedure for invalidating a registration that has been issued by the U.S. Copyright Office.

The Register of Copyrights has the authority to cancel a registration if "the material deposited does not constitute copyrightable subject matter" or if "the claim is invalid for any other reason." 17 U.S.C. § 410(b); see also Sections 1806.4(B) through 1806.4(D). Likewise, the Register has the authority to cancel a registration if the registration was made in error or if the registration was issued in the wrong class or series. See Section 1806.4(A).

"The Office views cancellation of invalid claims as a necessary measure to ensure the integrity of the copyright registration system and to ensure consistent application of its regulations and practices." Cancellation of Completed Registrations, 50 Fed. Reg. 40,833, 40,834 (Oct. 7, 1985). "Without cancellation procedures, a copyright registration could be given prima facie effect in federal court where the Copyright Office knew the registration to be invalid under its regulations or practices. This would place an unfair burden on the public and on defendants in copyright litigation to overcome the strong presumption of validity that the courts have generally accorded copyright registrations." Id.

1806.2 What Types of Records May Be Cancelled by the U.S. Copyright Office?

The Office may cancel the following types of records:

• A basic registration issued under Sections 408(a) or 408(c)(1) of the Copyright Act.

• A supplementary registration issued under Section 408(d) of the Copyright Act.

• A renewal registration issued under Section 304 of the Copyright Act or under title 17 of the United States Code as it existed before January 1, 1978.

• A registration for a mask work or vessel design issued under Sections 908 or 1313 of the Copyright Act.

The Office will not cancel the following types of records:

• A basic registration or renewal registration that has expired, such as a registration issued on or before December 31, 1977 that covered the first twenty-eight years of the copyright term.

• A preregistration issued under Section 408(d) of the Copyright Act.

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12/22/2014 Chapter _00 : 34