Page:Copyright Office Compendium 3rd Edition - Full.djvu/958

, Third Edition Sections 1704 and 1708, except for the filing fee which is not required for this type of request.

The second request for reconsideration will be reviewed by the Review Board. The Review Board consists of the Register of Copyrights and the General Counsel of the U.S. Copyright Office (or their respective designees] and a third individual who will be designated by the Register. 37 C.F.R § 202.5(f). If the Board determines that the registration should not have been cancelled, the registration will be reinstated and the claimant will be notified in writing. If the Review Board upholds the decision to cancel the registration, the Board will notify the claimant in writing and will explain the reasons for its decision. In all cases, the notification will be sent to the party who submitted the request for reconsideration.

1807 Adverse Claims

This Section discusses the practices and procedures for asserting an adverse claim to copyright. An adverse claim is a situation where:

• The U.S. Copyright Office receives two or more applications (either consecutively or simultaneously] to register the exact same work, where each application was certified and submitted by a different applicant, and each application contains conflicting statements regarding the authorship and/or ownership of the work;

or

• One party submits an application and asserts that another party's claim to copyright is unauthorized or invalid.

The Office does not conduct interference or adversarial proceedings. Likewise, the Office does not adjudicate factual or legal disputes involving claims to copyright. If there is a dispute between two or more parties, it is the responsibility of each party to pursue their claims in an appropriate court.

If a party asserts that another party registered the work without authorization or that a previous registration is invalid for any reason, the Office may suggest that the party register the work in his or her own name by submitting a separate application, deposit copyfies], and filing fee. Likewise, an adverse claim may be appropriate if the party does not have the authority to correct or amend the information in the basic registration with a supplementary registration. See Section 1802.1.

When the Office examines an application, it does not search its records to determine whether the work has been registered before. If an applicant intends to assert an adverse claim, the applicant should provide a brief statement in the Note to Copyright Office field or in a cover letter indicating that the exact same work has been registered by another party. However, the applicant should not provide the registration number for the other registration in the Previous Registration field/space. The registration specialist may add a note to the certificate of registration and the public record indicating the presence of correspondence in the file or may add a note clarifying that the applicant has asserted an adverse claim.

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