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, Third Edition • Any other type of record maintained by the Office, such as deposit copies or recorded documents.

1806.3 Situations Where the U.S. Copyright Office Will Cancel a Registration

The Office will cancel a registration only in the following situations:

• The Office has determined that the work was registered in the wrong class. See Section 1806.4(A).

• A check received in payment for the filing fee was returned to the Office for insufficient funds. See Section 1806.4(B).

• The Office has determined that the registration should not have been issued because the work does not constitute copyrightable subject matter or fails to satisfy the other legal and formal requirements for obtaining a copyright registration. See Section 1806.4(C).

• The Office has determined that the application, filing fee, and/or the deposit copy(ies) do not satisfy the requirements of the Copyright Act and/or the Office's regulations and the Office is unable to correct the defect. See Section 1806.4(D).

See 37 C.F.R. § 201.7(b)-(c).

1806.4 Procedure for Cancelling a Registration

The decision to cancel a registration under 37 C.F.R. § 201.7(c)(1) or (c)(4) will be made by the Associate Register and Director of Registration Policy and Practice. The decision to cancel a registration under 37 C.F.R. § 201.7(c)(2) or (c)(3) will be made by an appropriate member of the Office's staff.

The Office will amend the public record to reflect the fact that the registration has been cancelled and will specify the reason for the cancellation. The Office will not return the deposit copy(ies) or refund the filing fee for the registration.

See generally Cancellation of Completed Registrations, 50 Fed. Reg. 33,065, 33,065-67 (Aug. 16, 1985).

1806.4(A) Registrations Issued in the Wrong Class or Series

If the U.S. Copyright Office determines that the work was registered in the wrong class or series, it may cancel the initial registration and issue a new registration in the correct class. See 37 C.F.R. § 201.7(c)(3). The Office will create a public record for the new registration and will send the new certificate of registration to the mailing address that the applicant provided in the application for the initial registration. The effective date of registration for the new registration will be the same as the effective date of registration for the initial registration.

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