S-120
3.
Registrations Which Are Not Duplicates in Every Respect(cont'd)
b.
Where the two registrations differ in any other way (e. g., the facts of ownership, authorship, date of publication, etc.) the differences should be called to the applicant's attention and the possibility raised that one registration was actually intended to correct the other. If this is the case, then in addition to suggesting the applicant record a document explaining the presence of the second registration and stating which registration contains the correct facts, it may also be appropriate, in certain instances and depending upon the fact in issue, to suggest one of the procedures listed in Part II of this memorandum.
Example:
The author registers a claim in his unpublished work in his own name, not realizing that his contract with his publisher calls for the publisher to secure the copyright in the publisher's name. Later, in accordance with the terms of the contract, the publisher submits an application in its name. (It is possible that, in such a case, the publisher would take the position that, on the basis of the contract, the author's registration was not authorized and therefore invalid, and that nothing more need be done. On the other hand, the publisher may prefer to ratify the author's registration in his name, and record a document of assignment from the author to them in order to have our records reflect the true facts of present ownership.)
Part IV
