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What Is Recordation? - page 5 / 9

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  • The complete recordation fee is not submitted;

  • It is unclear to the Copyright Office whether the docu-

ment is to be recorded; or

  • The document is submitted to the Office in error.

Other Material That May Be Submitted with the Document

Form DCS

The Office has created Form DCS, called the “Document Cover Sheet,” to accompany any document submitted for recordation under section 205 of the Copyright Act. The form is available on the Office’s website.

Use of Form DCS is optional but encouraged, as it offers certain benefits, including allowing a remitter to request con- firmation that the Office received a submission. It can also be used in certain cases, to provide a sworn certification that the copy submitted for recordation is a true copy of the original signed document, or to request recordation of a document containing a reference to an attachment without the attached material. Additionally, it helps facilitate better recordkeeping and communication between the Office and remitters.

Form DCS should be used only for the recordation of a transfer of copyright ownership or other document pertain- ing to a copyright under section 205 of the Copyright Act. It should not be used for documents pertaining to notices of termination, designation of agents for online service provid- ers, identification of anonymous/pseudonymous authors, author death statements, visual arts registry statements, shareware registry statements, or other documents not cov- ered by this publication. Also, Form DCS should not be used to file Licensing Division documents.

When using Form DCS, prepare and submit two copies of the form for each document being submitted for recorda- tion. If multiple documents are being submitted for recorda- tion in the same package, each individual document should be accompanied by two copies of Form DCS reflecting the information contained in that particular document. For example, if a submission includes four documents for recor- dation, it should be accompanied by two copies each of four separately completed forms. Information provided in the form should be typed or legibly printed. Any form submit- ted will be imaged with the document as part of the public record.

Electronic Title List

Titles of copyrighted works associated with a document sub- mitted for recordation are often presented in a list appended

Recordation of Transfers and Other Documents · 5

to the paper document, referred to informally as a “title appendix.” Generally, the Office manually transcribes the information from paper title appendices into the Public Catalog. But to speed processing of documents with lengthy title lists, remitters may submit electronic title lists where the submission encompasses 100 or more titles. This includes the situation where multiple title lists associated with a docu- ment contain, in the aggregate, 100 or more titles. See 37 C.F.R. § 201.4(c)(4).

note: Submission of an electronic title list does not eliminate the need for submission of a paper title appendix. The elec- tronic list is not considered part of the recorded document and is used only as a means to index titles and other information associated with the recorded document.

Electronic title lists must be submitted in a table in Excel (.xls) format or an equivalent electronic format approved by the Office. Id. 201.4(c)(4)(ii). The electronic entries may contain only letters, numbers, and printable characters that appear in the ASCII 128-character set. Each table must con- tain four columns respectively entitled Article, Title, Author- ship Information, and Registration Number(s). Each title and its corresponding information must appear in a separate row of the electronic table, as follows:

1 Article. If the title begins with one of the articles specified below, the article should be separated from the title and placed in this first column. Separating out these leading articles from the rest of the title assists with the sorting function of the Public Catalog. The following articles are to be separated:

  • In English: A, An, The

  • In Spanish: Un, Una, El, La, Lo, Las, Los

  • In French: L’ (as in “L’Ecole”), Le, La, Les, Un, Une

  • In German: Der, Die, Das, Einer, Eine, Ein

For example, if the title of the work is “A Hard Day’s Night,” the Article field should have the word “A”; simi- larly, if the title of the work is “The Fly,” this field should have the word “The.” If the title does not begin with an article identified above, the column should be included and this field should remain blank. Note that the words “These,”“Those,”“Some,” and “Any” are not considered articles and are not to be separated. Remitters are not required to separate out articles in languages other than the ones listed.

2 Title. This second column should set forth the title of the work, not including any leading article specified in the above list. For example, if the title of the work is “A Hard Day’s Night,” the Title field should have the remainder of

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