Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> When repeat registrations show up, however, I understand (and I think
> your citations support) that they do inquire into the basis for the
> application, and it stays on hold until such basis is forthcoming.
They do not put anything on "hold" (no procedure to do so). Not the case. They issue both. Under a long standing policy called the "Rule of Doubt", which provides that when in doubt, the Copyuright office will issue a copyright and let the court settle any disputes. For a discussion of the Rule of Doubt, see "Copyright Registration Practice", James Hawes, section 22.01[2].
> I suspect that the problem is I used the word "reject" in regard to
> the application, which you interpreted as "denied" -- that is not
> what it means in the PTO context, which is how I habitually tend to
> use it. I should probably be more careful about how I use terms of
> art outside the art (no pun intended).
The Copyright Office "Refuses to Register", which is the analogy to a "Rejection" or "Objection" in the Patent sense. The only reason to Refuse to Register is that the material does not meet the subject matter for protection, there is no deposit as required, or the paperwork is not completed correctly. They will also refuse to register if so ordered by a Federal Court.
Thomas Workman
<tworkman[_at_]erols.com>
Received on Mon Jul 27 1998 - 14:46:53 GMT
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