Fixing mistakes in your copyright registration is important to ensure the right protection and enforcement of your rights.
While not all errors will undermine the validity of your copyright, it’s essential to address any mistakes that could potentially affect an infringement claim.
Generally, courts are lenient with unintentional errors that don’t pertain to the heart of the claim. Still, any inaccuracies that could influence the outcome of a case should be corrected immediately.
It’s always wise to correct inaccuracies to prevent legal complications as early as possible.
- If the Copyright Office makes a mistake, you can report it to them, and they will correct it at no cost and issue a revised certificate.
- Not all mistakes affect the validity of your copyright, but errors impacting an infringement claim should be corrected promptly.
- If you knowingly submit false information, the court might consult the Register of Copyrights to determine if the error would have led to a denial of your application.
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How to Correct a Copyright Registration?
When securing a copyright, accuracy in the registration details is essential.
Mistakes can happen during the application process or even by the U.S. Copyright Office itself. Addressing these errors quickly is important to ensure your copyright remains legally sound.
The methods for correcting these mistakes differ depending on the discovery’s timing and the error’s source.
Here, we’ll discuss the various situations in which you might need to correct a copyright registration and outline the steps you should take in each case.
Application Still in Progress
If you notice an error while your copyright application is still under review, you can correct it before the registration is finalized. The process for making these corrections depends on the nature and extent of the mistakes.
- Minor Errors: For small errors, you can contact the Public Information Office of the U.S. Copyright Office. They can assist with simple corrections, such as typos, without requiring you to resubmit the entire application.
- Multiple Errors: If your application contains multiple or more significant mistakes, the process may be a bit more involved. In such cases, the Registration Program of the Copyright Office might return the application to you so that you can correct the errors and resubmit it.
Alternatively, the Registration Program may offer to correct your mistakes. Still, this service usually comes with a fee, which is calculated based on the amount of time and effort required to make the necessary adjustments.
After the Certificate is Issued
If you discover a mistake after your copyright certificate has been issued, you must follow a different process to correct it.
The first step involves submitting Form CA, the official form provided by the U.S. Copyright Office for filing a Supplemental Registration. This form corrects or adds information to your original copyright registration.
Supplemental Registration is particularly useful for addressing errors or omissions in the original application that were not identified before the certificate was issued. To proceed, you must complete Form CA and submit it, which will cost $150.00.
When you file a Supplemental Registration using Form CA, it’s important to understand the scope of the changes you can make. This process does not allow you to alter the original deposit, which is the copy of your work submitted during the initial registration.
However, you can correct or expand on the information provided in the original application. This might include fixing mistakes or additional details missing from your initial submission.
Finally, after filing Form CA, the Supplemental Registration will be assigned a new effective date of registration, which is distinct from the original registration date.
In the event of a copyright infringement case, this separate effective date could be significant. The court will ultimately decide which registration date—original or supplemental—applies to the case based on the specific circumstances involved.
Errors by the Copyright Office
If you discover that the Copyright Office made an error while processing your registration, there are specific steps you should follow to address the issue.
The first action you should take is to report the mistake to the Public Information Office. By contacting them, you can inform the Office of the error and provide details about what went wrong.
Once you’ve reported the issue, it becomes the responsibility of the Copyright Office to review the situation. If they confirm that their office indeed made the mistake, they will take the necessary steps to correct it.
Importantly, the Copyright Office will handle this correction at no cost. After the corrections are made, they will issue and send you a revised certificate that reflects the accurate information.
What Happens if You Don’t Correct a Copyright Registration Error?
Failing to correct an error in your copyright registration can lead to serious repercussions. If the significant mistake remains uncorrected, it may negatively affect your legal position in an infringement case.
Courts might interpret inaccurate information as carelessness or even deliberate misrepresentation, which could complicate or even jeopardize your claim.
Under 17 U.S.C. § 411 of the United States Copyright Act, if you knowingly submit false information, the court may seek the opinion of the Register of Copyrights to determine whether the error would have led to the rejection of your application.
If the Register confirms that the mistake would have resulted in a denial, this could severely impact your ability to enforce your copyright.
To avoid these legal pitfalls, correcting any inaccuracies as soon as possible is always wise, ensuring that your rights are fully protected and your registration remains legally valid.
Who Can Request a Correction to a Copyright Registration?
Requests for corrections to a copyright registration can be made by the copyright owner or their authorized representative.
The copyright owner, the person or entity who holds the rights to the work, has the primary authority to request changes or corrections. This includes adjusting details such as the title, author, or publication date that were incorrectly stated in the original registration.
In cases where the copyright owner cannot directly handle the correction request, they can designate an authorized representative to act on their behalf. This representative could be an attorney, an agent, or another person given formal authority to manage copyright matters for the owner.
The representative must have the appropriate documentation or legal authority to make the request and submit the necessary forms to the U.S. Copyright Office.
It’s important that all requests for corrections are made by individuals or entities with the proper rights or authorization, as this ensures the accuracy and legitimacy of the changes to the copyright registration.
Frequently Asked Questions
Can you correct any type of error in your copyright registration?
You can correct most types of errors, including those related to title, author, or publication date. However, you cannot alter the original deposit through a Supplemental Registration.
Can you correct a copyright registration online?
No, corrections to a copyright registration must be made by filing a Supplemental Registration using Form CA, which is submitted by mail or electronically in certain cases.
Can you correct multiple errors in one supplementary registration?
Yes, you can correct multiple errors in one Supplemental Registration, but each correction must be clearly documented.
What documents do you need to submit to correct your copyright registration?
You need to submit Form CA, along with any required documentation that supports the corrections you are making, and the fee of $150.00.
Is there a fee for correcting a copyright registration?
Yes, there is a fee of $150.00 for filing a Supplemental Registration to correct or add information.
How long does it take to correct a copyright registration?
The processing time for a Supplemental Registration can vary, but it generally takes several weeks to a few months.
The processing time for a Supplemental Registration can vary, but it generally takes several weeks to a few months.
