Re: Aphorisms and Copyright

On 8/18/98, Bob Stock <bstock[_at_]ucla.edu> wrote:
>
> As I recall, there was another thread that touched on the subject of
> CO rejection of registration. I wonder how often this happens. And
> what is the remedy for the applicant? Does he have to bring suit?
> Is there an administrative hearing available?

In a case when the deposit, application, and the required fee for registration have been delivered to the CO in the proper form and the CO has refused registration, the applicant is entitled to bring a copyright infringement lawsuit, even though there has been no registration. The Register receives notice of the suit and a copy of the complaint; the Register may elect to become a party to the suit on the issue of registrability. 17 U.S.C. 411(a).

What happens if the registrant has no infringement to prosecute but still wants to register his/her/its work? The first step is to communicate with the CO to request a reexamination; the head of the appropriate Examination Division sends out the next refusal, and the applicant can request reexamination again. If the claim is refused again, the Chief of the Examining Division will notify the applicant in writing of the reasons; the Division Chief's decision constitutes final agency action. Compendium II s. 606.04. See also 60 Fed. Reg. 21,983 (April 27, 1995). Judicial review under the APA is available in the district court for the District of Columbia. See Nimmer s. 7.21[B] n. 18.1 for cases.

S. Martin Keleti
<keleti[_at_]manifesto.com> Received on Wed Aug 19 1998 - 18:00:45 GMT