Loveland, OH asked in Copyright and Intellectual Property for Ohio

Q: Is a copyright on a Sound Recording valid if the entity registering the copyright never existed?

The person who took responsibility for registering the SR Copyright on a CD of original music and was supposed to finalize the legal paper work for the entity that was going to "own" the copyrights didn't actually finish the registration of the business entity to own the copyrights. There is an SR copyright registered to a non existent entity. Is the copyright valid? If so, who owns it?

1 Lawyer Answer
Griffin Klema
Griffin Klema
Answered
  • Intellectual Property Lawyer
  • Tampa, FL

A: Yes, the copyright (i.e. the legal right, not the registration) should still be valid. A copyright registration which includes erroneous information can be corrected. Review the procedures under section 1800 of the copyright office Compendium.

Regarding ownership, a copyright is always initially owned by the creator, unless assigned. Generally, the registration itself doesn't change ownership.

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