What is a Copyright Objection?

A copyright objection is when the intellectual property (IP) office identifies issues with your copyright application. This can occur at various stages during the review process. The objection can be based on several factors, such as the originality of the work, ownership, or compliance with registration rules.

Objections may be raised by the copyright office itself or by third parties who believe that the work infringes on their own copyrighted material. If an objection is raised, it is important to respond promptly and correctly to resolve the issue.

How to Respond to a Copyright Objection

If you receive an objection to your copyright registration, it is important to respond swiftly and effectively to resolve the issue. Here are the steps to take:

Step 1: Review the Objection Notice

Carefully read the objection notice issued by the copyright office. The notice will outline the specific reasons why your application has been objected. Understanding the nature of the objection is crucial before you take any action.

Step 2: Address the Issue

Once you have understood the objection, you need to take appropriate action:

• If the objection relates to the lack of originality, gather evidence to show that your work is original.
• If the objection is due to a missing copy of the work, submit the required copy.
• If a third party challenges your ownership, provide evidence of your exclusive authorship (contracts, agreements, etc.).

Step 3: Provide Supporting Documentation

In response to the objection, you may need to submit additional documents or evidence. This could include:

• Proof of authorship (e.g., original drafts, emails, notes).
• Proof that the work was fixed in a tangible medium (e.g., digital files or physical copies).
• Evidence that your work is not a copy of another existing work (e.g., a novelty search or a comparison to the original work).

Step 4: Modify Your Work (If Necessary)

In some cases, you may need to modify your work to make it unique enough to overcome the objection. For example, if your work is too similar to an existing work, you can alter certain aspects of your work to make it more distinctive.

Step 5: File Your Response

Once you have addressed the objection and gathered the necessary evidence, file your response with the copyright office. Make sure to include all supporting documents and information that can clarify or resolve the objection.

Step 6: Await the Final Decision

After submitting your response, the copyright office will review the changes and documentation you’ve provided. They will either:

• Approve your application and register your copyright.
• Issue a final rejection if the objection is upheld.