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one of the parties to the document or an authorized represen- tative of that person.

An official certification is used for a document that has been validated by, or filed in, a public office. An official cer- tification is a certification by the appropriate government official that the original document is on file in a public office and that the reproduction submitted is a true copy of the original.

note: If the document is on file with a public office you must, along with the true copy of the original document, submit an original official certification. A photocopy of an official certifi- cation is not acceptable.

Completeness

The document must be complete by its own terms. See 37 C.F.R. § 201.4(c)(2). A document that contains a reference to any schedule, appendix, exhibit, addendum, or other mate- rial as being attached or made a part of it will be recorded only if the attachment is submitted for recordation with the document or if the reference is deleted by the parties to the document. See id. at § 201.4(c)(2)(i).

In exceptional cases, the Office will record a document containing a reference to an attachment without the attached material and without deletion of the reference if the person seeking recordation makes a request in writing, 37 C.F.R. §§ 201.4(c)(2)(i)(A)–(C), or checks the appropriate box of the Form DCS indicating (a) that the attachment is completely unavailable for recordation, (b) that the attachment is not essential to identify the subject matter of the document, and (c) that it would be impossible or wholly impracticable for the person(s) executing the document to sign or initial an amendment deleting the reference to the attachment. If the Office receives such a request, it will record the document without communicating with the remitter and will add an annotation to the record; the annotation will appear on both the certificate of recordation and the online public record for that document.

If the document indicates on its face that it is a self- contained part of a larger instrument (for example, if it is des- ignated “Attachment A” or “Exhibit B”), the Office will record the document if the person requesting recordation asserts that the document is sufficiently complete as it stands. See 37 C.F.R. § 201.4(c)(2)(ii).

If the document merely identifies or incorporates by ref- erence another document, or certain terms of another docu- ment, the Copyright Office will not require recordation of the other document. See 37 C.F.R. § 201.4(c)(2)(iii).

Recordation of Transfers and Other Documents · 4

Legibility

The document must be legible and capable of being repro- duced in legible imaged copies.

Fees

The document must be accompanied by the appropriate fee as prescribed in the law. Bank drafts must be drawn on or payable through a U.S. bank.

In the case of multiple-title documents, titles that are repeated in documents will be counted as a single title, except where the document lists different issues, volumes, chapters, or installments following the title. Each such entry will be regarded as a separate title and will be indexed sepa- rately and counted separately for the purposes of comput- ing the recordation fee. Additional titles after the first are charged an additional fee for each group of 10 or fewer. Vari- ent titles for the same work, (i.e., “alternative” titles, “f/k/a” titles, and “a/k/a” titles) are considered to be additional titles.

Examples of multiple titles for which a separate fee is charged:

“Fan Club News,” vol. 1, no. 3 (June 1981) “Fan Club News,” vol. 1, no. 4 (July 1981) “Fan Club News,” vol. 1, no. 5 (August 1981)

For detailed information on how to calculate fees associ- ated with the recordation of documents, see the factsheet Calculating Fees for Recording Documents and Notices of er- mination in the Copyright Office.

note: The Office’s fees are subject to change. For current fees, please check the Office’s website, write to the Office, or call 202- 707-3000 or 1-877-476-0778 (toll free).

Effective August 1, 2009, the Copyright Office no longer refunds the full fee for a document filed for recordation if the document is not recorded. The basic fee will be retained to cover administrative costs. Only fees for additional titles will be refunded.

Documents Will Be Returned Unrecorded If:

  • The document does not have an original signature or

proper certification;

  • The document is illegible;

  • The document is not capable of being reproduced legibly;

  • The document is incomplete by its own terms;

  • The document is marked as an “attachment” or “exhibit,”

unless the person requesting recordation asserts that the document is sufficiently complete as it stands;

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