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Issue 456 - May 21, 2012 

Copyright Office Proposes Amendment to Definition of "Claimant"

The Copyright Office proposes to amend its regulations governing the definition of a "claimant" for purposes of copyright registration by eliminating the footnote to the definition of a "claimant" in § 202.3(a)(3)(ii) of the Code of Federal Regulations. The footnote currently extends the definition of a claimant to include individuals or entities that have obtained the contractual right to claim legal title to copyright in an application for copyright registration. This amendment would clarify that the copyright claimant must be either the author of the work, or a person or organization that has obtained ownership of all the exclusive rights initially belonging to the author. The Copyright Office believes that the footnote creates considerable legal uncertainty while offering no clear benefits to the registration system. Removing it will foster the use of other available registration options that create a more meaningful public record. Comments are due July 16, 2012. Reply comments are due August 15, 2012. For further information, see www.copyright.gov/fedreg/2012/77fr29257.pdf.


Calendar

May 31-June 1 and
June 4-June 6, 2012

Hearing in Washington, D.C., on possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works.

July 1, 2012

Effective date of discontinuance of Form CO and removal from regulations of references to CON1 and CON2.

July 16, 2012

Due date for comments on proposal to amend regulations governing the definition of a “claimant”

August 15, 2012

Due date for reply comments on proposal to amend regulations governing the definition of a “claimant”
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