Any way to oppose a pending copyright application?

[kchisa]

What is the name of your state (only U.S. law)? Texas

It has come to my attention that an ex-employee of mine has file a copyright application (still pending). Even his application states that it was a "work for hire". Can I file any kind of opposition to this application stating that he should not be given a registration? Or, should I just go ahead and file my own application? If I do, does the copyright office look at both applications and decide who is "right", or is each examined separately? Thank you.

 

[divgradcurl]

There is no opposition proceeding in the copyright office. Copyright examination is simple -- if the application is copyrightable subject matter, a registration is issued. That's it.

Once a registration is issued, you can file a petition to correct an error in the registration. See here:

U.S. Copyright Office - Regulations

for the process. You cannot file for a correction until a registration certificate has been issued, so no need to rush.

If the correction route doesn't work, you might have to turn to the courts -- but try the correction route first.

 

[kchisa]

Thank you very much for that response. That puts things in perspective since I assumed the copyright review process was the same as patent/trademark. I reviewed that link you gave me and had one more follow up question. I'm assuming that an adverse party has the ability to ask for a "correction" to the registration. Based on that assumption, is it fair to state that the only basis for correction would be something on the face of the application (ie, he checked the work for hire box without listing the employer), as opposed to bringing to the office's attention that someone else holds the copyright? Thanks again.

 

[divgradcurl]

Thank you very much for that response. That puts things in perspective since I assumed the copyright review process was the same as patent/trademark. I reviewed that link you gave me and had one more follow up question. I'm assuming that an adverse party has the ability to ask for a "correction" to the registration. Based on that assumption, is it fair to state that the only basis for correction would be something on the face of the application (ie, he checked the work for hire box without listing the employer), as opposed to bringing to the office's attention that someone else holds the copyright? Thanks again.

Correct. The copyright office isn't going to get into the substantive issues of trying to determine the ownership of a copyright -- but if there is an error in the registration, that can be corrected. The law even states that a corrected registration does not supersede the original registration, it just adds to it, so both the original and corrected information will be available to someone who looks up the registration. If the other party tries to license of sell "his" copyrighted work, the fact that you filed a correction will be available to the purchaser if the purchaser looks up the information, and that may lead to the inquiry as to who the real owner of the copyright is.

If you want ownership of the copyright free and clear, you will either need to negotiate something with the ex-employee, or go to court to establish ownership. But the correction may be sufficient for your needs -- it will put the world on notice that you believe the copyright belongs to you.