[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR201.5]

[Page 345-347]
 
             TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 201--GENERAL PROVISIONS--Table of Contents
 
Sec. 201.5  Corrections and amplifications of copyright registrations; applications for supplementary registration.

    (a) General. (1) This section prescribes conditions relating to the 
filing of an application for supplementary registration, to correct an 
error in a copyright registration or to amplify the information given in 
a registration, under section 408(d) of Title 17 of the United States 
Code, as amended by Pub. L. 94-553. For the purposes of this section:
    (i) A basic registration means any of the following:
    (A) A copyright registration made under sections 408, 409, and 410 
of Title 17 of the United States Code, as amended by Pub. L. 94-553;
    (B) A renewal registration made under section 304 of Title 17 of the 
United States Code, as so amended;
    (C) A registration of claim to copyright made under Title 17 of the 
United

[[Page 346]]

States Code as it existed before January 1, 1978; or
    (D) A renewal registration made under Title 17 of the United States 
Code as it existed before January 1, 1978; and
    (ii) A supplementary registration means a registration made upon 
application under section 408(d) of Title 17 of the United States Code, 
as amended by Pub. L. 94-553, and the provisions of this section.
    (2) No correction or amplification of the information in a basic 
registration will be made except pursuant to the provisions of this 
Sec. 201.5. As an exception, where it is discovered that the record of a 
basic registration contains an error that the Copyright Office itself 
should have recognized at the time registration was made, the Office 
will take appropriate measures to rectify its error.
    (b) Persons entitled to file an application for supplementary 
registration; grounds of application. (1) Supplementary registration can 
be made only if a basic copyright registration for the same work has 
already been completed. After a basic registration has been completed, 
any author or other copyright claimant of the work, or the owner of any 
exclusive right in the work, or the duly authorized agent of any such 
author, other claimant, or owner, who wishes to correct or amplify the 
information given in the basic registration for the work may file an 
application for supplementary registration.<SUP>1
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    1</SUP>  If the person who, or on whose behalf, an application for 
supplementary registration is submitted is the same as the person 
identified as the copyright claimant in the basic registration, the 
Copyright Office will place a note referring to the supplementary 
registration on its records of the basic registration.
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    (2) Supplementary registration may be made either to correct or to 
amplify the information in a basic registration. For the purposes of 
this section:
    (i) A correction is appropriate if information in the basic 
registration was incorrect at the time that basic registration was made, 
and the error is not one that the Copyright Office itself should have 
recognized;
    (ii) An amplification is appropriate:
    (A) To supplement or clarify the information that was required by 
the application for the basic registration and should have been 
provided, such as the identity of a co-author or co-claimant, but was 
omitted at the time the basic registration was made, or
    (B) To reflect changes in facts, other than those relating to 
transfer, license, or ownership of rights in the work, that have 
occurred since the basic registration was made.
    (iii) Supplementary registration is not appropriate:
    (A) As an amplification, to reflect a change in ownership that 
occurred on or after the effective date of the basic registration or to 
reflect the division, allocation, licensing or transfer of rights in a 
work; or
    (B) To correct errors in statements or notices on the copies of 
phonorecords of a work, or to reflect changes in the content of a work; 
and
    (iv) Where a basic renewal registration has been made for a work 
during the last year of the relevant first-term copyright, supplementary 
registration to correct the renewal claimant or basis of claim or to add 
a renewal claimant is ordinarily possible only if the application for 
supplementary registration and fee are received in the Copyright Office 
within the last year of the relevant first-term copyright. If the error 
or omission in a basic renewal registration is extremely minor, and does 
not involve the identity of the renewal claimant or the legal basis of 
the claim, supplementary registration may be made at any time. In an 
exceptional case, however, supplementary registration may be made to 
correct the name of the renewal claimant and the legal basis of the 
claim at any time if clear, convincing, objective documentation is 
submitted to the Copyright Office which proves that an inadvertent error 
was made in failing to designate the correct living statutory renewal 
claimant in the basic renewal registration.
    (c) Form and content of application for supplementary registration. 
(1) An application for supplementary registration shall be made on a 
form prescribed by the Copyright Office, shall be accompanied by the 
appropriate fee identified

[[Page 347]]

in Sec. 201.3(c) and shall contain the following information:
    (i) The title of the work as it appears in the basic registration, 
including previous or alternative titles if they appear;
    (ii) The registration number of the basic registration;
    (iii) The year when the basic registration was completed;
    (iv) The name or names of the author or authors of the work, and the 
copyright claimant or claimants in the work, as they appear in the basic 
registration;
    (v) In the case of a correction:
    (A) The line number and heading or description of the part of the 
basic registration where the error occurred;
    (B) A transcription of the erroneous information as it appears in 
the basic registration;
    (C) A statement of the correct information as it should have 
appeared; and
    (D) If desired, an explanation of the error or its correction;
    (vi) In the case of an amplification:
    (A) The line number and heading or description of the part of the 
basic registration where the information to be amplified appears;
    (B) A clear and succinct statement of the information to be added; 
and
    (C) If desired, an explanation of the amplification;
    (vii) The name and address:
    (A) To which correspondence concerning the application should be 
sent; and
    (B) To which the certificate of supplementary registration should be 
mailed; and
    (viii) A certification. The certification shall consist of:
    (A) The handwritten signature of the author, other copyright 
claimant, or owner of exclusive right(s) in the work, or of the duly 
authorized agent of such author, other claimant or owner (who shall also 
be identified);
    (B) The typed or printed name of the person whose signature appears, 
and the date of signature; and
    (C) A statement that the person signing the application is the 
author, other copyright claimant or owner of exclusive right(s) in the 
work, or the authorized agent of such author, other claimant, or owner, 
and that the statements made in the application are correct to the best 
of that person's knowledge.
    (2) The form prescribed by the Copyright Office for the foregoing 
purposes is designated ``Application for Supplementary Copyright 
Registration (Form CA)''. Copies of the form are available free upon 
request to the Public Information Office, Library of Congress, Copyright 
Office, 101 Independence Avenue, SE., Washington, DC 20559-6000.
    (3) Copies, phonorecords or supporting documents cannot be made part 
of the record of a supplementary registration and should not be 
submitted with the application.
    (d) Effect of supplementary registration. (1) When a supplementary 
registration is completed, the Copyright Office will assign it a new 
registration number in the appropriate class, and issue a certificate of 
supplementary registration under that number.
    (2) As provided in section 408(d) of title 17, the information 
contained in a supplementary registration augments but does not 
supersede that contained in the basic registration. The basic 
registration will not be expunged or cancelled.

(Pub. L. 94-553; 17 U.S.C. 205, 408(d), 601(b), 702, 708)

[43 FR 773, Jan. 4, 1978, as amended at 56 FR 59885, Nov. 26, 1991; 57 
FR 60482, Dec. 21, 1992; 60 FR 34168, June 30, 1995; 62 FR 35421, July 
1, 1997; 63 FR 59236, Nov. 3, 1998; 63 FR 66042, Dec. 1, 1998; 64 FR 
29521, June 1, 1999]