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socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 33369
Experience:  Retired (mostly)
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To socrateaser only: Hi! Here are the two main paragraphs.

Resolved Question:

To socrateaser only: Hi! Here are the two main paragraphs. Any suggestions or related regulation numbers to make it more official? No rush

Regarding SR# XXXXX I am requesting consideration by the Register of Copyrights, Ms. Maria Pallante, to cancel the claim in the application state. Mr. John Ashley has previously registered the Copyright Office extensively changed version of my claim, which I never approved of, as the second basic registration for the same work, meaning there are two different versions of the same work with the same registration number VAu 1-106-392. Now Mr. John Ashley has placed SR# XXXXX which relates to VAu 1-106-392, back into the application state, requesting I re-apply via form VA and not via my eCO account as I am used to. I do not believe this action to place a registered work back into application state and to request that I re-apply via VA form, is appropriate and it is possibly not allowed by Copyright Office regulation/law, but, at any rate, the claimant is allowed to cancel the claim in the application state, and as the claim is now in the application state, thus I am therefore requesting the cancellation of SR# XXXXX

Regarding SR# XXXXX I am requesting consideration by the Register of Copyrights, Ms. Maria Pallante, to please allow the Copyright Office extensively changed version of my claim, VAu 1-116-796, which I never approved of, copy attached, to be the version in public record. This request for consideration includes using the Recordation Document plus my attached Certificate of Correction information in order to correct the Copyright Office extensively changed version of my claim. I would need some time to study the related rules and laws here but I would be willing to do that. This is in order to prevent the Copyright Office from making two basic registrations for the same work and this would prevent the potential Copyright Office liability of this problem as well as the related legal problems and legal and court costs and other fees which could potentially be caused from having two basic registrations for the same work. However, if the aforementioned is not allowed by Copyright Office regulations, please allow my second request, which is for the state of my claim to be removed from the application state in which Mr. Ashley has placed it into and that VAu 1-116-796 simply be left as the state of the claim. Thus the Copyright Office extensively changed version of my claim, VAu 1-116-796, would be active and in the Copyright Office public catalog and left as is and I will eventually make time to fill out a CA form to make corrections. This will also prevent the Copyright Office from making two basic registrations for the same work. However, after all my hardship with this claim and months of work spent, the first option would be the humane choice. It is best to reserve the form CA for -my- errors that I perceive in the future, please.
Submitted: 10 months ago.
Category: Intellectual Property Law
Expert:  socrateaser replied 10 months ago.
Regarding SR# XXXXX I am requesting consideration by the Register of Copyrights, Ms. Maria Pallante, to cancel the claim in the application state. Mr. John Ashley has previously registered the Copyright Office extensively changed version of my claim, which I never approved of, as the second basic registration for the same work, meaning there are two different versions of the same work with the same registration number VAu 1-106-392. Now Mr. John Ashley has placed SR# 1-755280842, which relates to VAu 1-106-392, back into the application state, requesting I re-apply via form VA and not via my eCO account as I am used to. I do not believe this action to place a registered work back into application state and to request that I re-apply via VA form, is appropriate and it is possibly not allowed by Copyright Office regulation/law, but, at any rate, the claimant is allowed to cancel the claim in the application state, and as the claim is now in the application state, thus I am therefore requesting the cancellation of SR# XXXXX

Comment: You may want to consider requesting that the application for registration be withdrawn, as submitted in error -- rather than canceled. You can acknowledge in your letter that there appears to be no procedure to withdraw an application, but that it is within the Office's authority to void the application upon request of an applicant, prior to final acceptance or rejection, pursuant to the general authority granted by 17 U.S.C. 701(b)(5).

Regarding SR# XXXXX I am requesting consideration by the Register of Copyrights, Ms. Maria Pallante, to please allow the Copyright Office extensively changed version of my claim, VAu 1-116-796, which I never approved of, copy attached, to be the version in public record. This request for consideration includes using the Recordation Document plus my attached Certificate of Correction information in order to correct the Copyright Office extensively changed version of my claim. I would need some time to study the related rules and laws here but I would be willing to do that. This is in order to prevent the Copyright Office from making two basic registrations for the same work and this would prevent the potential Copyright Office liability of this problem as well as the related legal problems and legal and court costs and other fees which could potentially be caused from having two basic registrations for the same work. However, if the aforementioned is not allowed by Copyright Office regulations, please allow my second request, which is for the state of my claim to be removed from the application state in which Mr. Ashley has placed it into and that VAu 1-116-796 simply be left as the state of the claim. Thus the Copyright Office extensively changed version of my claim, VAu 1-116-796, would be active and in the Copyright Office public catalog and left as is and I will eventually make time to fill out a CA form to make corrections. This will also prevent the Copyright Office from making two basic registrations for the same work. However, after all my hardship with this claim and months of work spent, the first option would be the humane choice. It is best to reserve the form CA for -my- errors that I perceive in the future, please.

A: Comment. You're being far too obscure in my view. Your audience doesn't want to read between the lines. The officer wants to know exactly what you want. Describe the two applications, identify exactly what you believe is erroneous, state exactly what you believe will reconcile and discrepancies, and then cite 37 C.F.R. 201.5 and 201.7 as general authority for the changes.

Then, let the officer decide.

Don't name names. This makes things personal. Bureaucrats don't like being put on the spot -- even if it's not really name calling. This is about a substantive change to the registration, not about the person who may have changed it in a manner about which you did not approve. Moreover, if the request lands in that person's lap, he/she will be pissed off at you for bringing him/her back into the mix -- and, that may cause the person to mess with you.

Keep the letter objective.

Hope this helps.
Customer: replied 10 months ago.

I am still smiling! I learned so much! You are right about my obscure brain-- and my sentence structure and choice of language is often poor, I stand corrected-- thank YOU!


 


I rewrote the one paragraph, using your advise and wanted to hear from you once more, if I may:


 


Regarding SR# XXXXX I was notified that this registered claim was also placed back into application state with a request that I re-apply via form VA and not via my eCO account as I am used to. I believe it is erroneous to create two basic registrations for this work when it is not necessary. I am requesting consideration by the Register of Copyrights, Ms. Maria Pallante, either to please

1. Remove this claim from the application state and allow VAu 1-116-796 to be the version in public record. By using the Recordation Document plus my attached Certificate of Correction information in order to correct VAu 1-116-796, this would prevent the Copyright Office from making two basic registrations for the same work and prevent the potential related problems.

2. If the aforementioned is not allowed by Copyright Office regulations, please consider removing my claim from the application state in which it is now placed and that the registered version, VAu 1-116-796, replace the application state. Thus VAu 1-116-796 would be in the Copyright Office public catalog as is and I will eventually make time to fill out a CA form to make corrections. This will also prevent the Copyright Office from making two basic registrations for the same work.

However, if possible, please reserve the form CA for future errors The general authority for these changes is 37 C.F.R. 201.5 and 201.7.

Thank you so very much, indeed! I'm still smiling ear to ear!

Becky

 

Expert:  socrateaser replied 10 months ago.
Much better. Send it.

Hope this helps.
Customer: replied 10 months ago.

Life is good and even better with you. I really needed your professional expertise. Thank you so very much. Have a great Labor Day!!!

Expert:  socrateaser replied 10 months ago.
You're welcome and good luck!
socrateaser, Lawyer
Satisfied Customers: 33369
Experience: Retired (mostly)
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