PART 212—PROTECTION OF VESSEL DESIGNS Authority: 17 U.S.C. chapter 13. Source: 64 FR 36578, July 7, 1999, unless otherwise noted. Editorial Note: Nomenclature changes to part 212 appear at 82 FR 9366, Feb. 6, 2017. § 212.1 Scope. The provisions of this part apply to the protection and registration of original designs of vessels under chapter 13 of title 17, United States Code. Design protection and registration under this part are separate from copyright protection and registration. Copyright registration is governed by the provisions of part 202 of this subchapter. [64 FR 36578, July 7, 1999, as amended at 82 FR 9366, Feb. 6, 2017] § 212.2 Fees. Services related to registration of original designs of vessels are subject to fees prescribed in §§ 201.3(c) and (d). [71 FR 31092, June 1, 2006, as amended at 82 FR 9366, Feb. 6, 2017] § 212.3 Registration of claims for protection of eligible designs. (a) Limitations. (1) An otherwise eligible design made public prior to October 28, 1998; (2) An otherwise eligible design made public on a date more than two years prior to the filing of an application for registration under this section; (3) A design ineligible for any of the reasons set forth in 17 U.S.C. 1302. (b) Required elements of application. (1) Completed Form D-VH; (2) Deposit material identifying the design or designs for which registration is sought; and (3) The appropriate fee. (c) Application by owner of design. (d) Application form. http://www.loc.gov/copyright/forms/formdvh.pdf (e) Deposit material In General. 1/2 (2) Views. i.e. (3) Drawings. 1/2 (ii) The use of broken lines in drawings depicting the design is understood to be for illustrative purposes only and forms no part of the claimed design. Structure that is not part of the design, but that is considered necessary to show the environment in which the design is used, may be represented in the drawing by broken lines. This includes any portion of the vessel in which the design is embodied or applied that is not considered part of the design. When the claimed design is only surface ornamentation to the vessel, the vessel in which it is embodied must be shown in broken lines. (iii) When broken lines are used, they should not intrude upon or cross the depiction of the design and should not be of heavier weight than the lines used in depicting the design. Where a broken line showing of environmental structure must necessarily cross or intrude upon the representation of the design and obscure a clear understanding of the design, such an illustration should be included as a separate figure, in addition to other figures which fully disclose the subject matter of the design. (4) Photographs. 1/2 (f) Multiple claims In general. (2) One application. (3) Multiple applications. (4) Fees. (g) Written declaration. The undersigned, as the applicant or the applicant's duly appointed agent or representative, being hereby warned that willful false statements are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of this application or any resulting registration, hereby declares to the best of his/her knowledge and belief: (1) That the design has been fixed in a useful article; (2) That the design is original and was created by the designer(s), or employer if applicable, named in the application; (3) That those aspects of the design for which registration is sought are not protected by a design patent; (4) That the design has not previously been registered on behalf of the applicant or the applicant's predecessor in title; and (5) That the applicant is the person entitled to protection and to registration under chapter 13 of title 17, United States Code. (h) Priority claims. (1) Identification of the filing date of the foreign application; (2) Identification of the foreign country in which the application was filed; (3) The serial number or any other identifying number of the foreign application; (4) A certified copy of the foreign application; (5) A translation of the foreign application and a statement, signed by the translator, that the translation is accurate, if the foreign application is in a language other than English; and (6) If requested by the Copyright Office, proof that the foreign country in which the prior application was filed extends to designs of owners who are citizens of the United States, or to applications filed under chapter 13 of title 17, United States Code, similar protection to that provided under chapter 13 of title 17, United States Code. (i) Effective date of registration. (j) Publication of registration. http://www.loc.gov/copyright/vessels [64 FR 36578, July 7, 1999, as amended at 72 FR 33692, June 19, 2007; 82 FR 9366, Feb. 6, 2017; 83 FR 66630, Dec. 27, 2018] § 212.4 Affixation and placement of design notice. (a) General. (2) The acceptability of a design notice under these regulations shall depend upon its being legible under normal conditions of use, and affixed in such a manner and position that, when affixed, it may be viewed upon reasonable examination. There is no requirement that a design notice be permanently embossed or engraved into a vessel hull or deck, but it should be affixed in such a manner that, under normal conditions of use, it is not likely to become unattached or illegible. (b) Elements of a design notice. (1) The words “Protected Design”, the abbreviation “Prot'd Des.”, or the letter “D” within a circle, or the symbol *D*; (2) The year of the date on which protection for the design commenced; and (3) The name of the owner, an abbreviation by which the name can be recognized, or a generally accepted alternative designation of the owner. (c) Distinctive identification. (d) Acceptable locations of notice. (1) In close proximity to the identification number required by 33 CFR 181.23; (2) In close proximity to the driver's console such that it is in plain view from the console; (3) If the vessel is twenty feet in length or less and is governed by 33 CFR 183.21, in close proximity to the capacity marking; and (4) In close proximity to the make and/or model designation of the vessel. [64 FR 36578, July 7, 1999, as amended at 82 FR 9366, Feb. 6, 2017] § 212.5 Recordation of distinctive identification of vessel designer. (a) General. (b) Forms. http://www.loc.gov/copyright/vessels (c) Recording distinctive identifications. (1) The name and address of the owner; (2) A statement of the owner that he/she is entitled to use the distinctive identification; (3) A statement or depiction of the identification; and (4) The recordation fee in the amount prescribed in § 201.3(c) of this chapter. (d) The document should be mailed to the address specified in § 201.1(b)(2) of this chapter. [64 FR 36578, July 7, 1999, as amended at 67 FR 38005, May 31, 2002; 72 FR 33692, June 19, 2007; 82 FR 9366, Feb. 6, 2017] § 212.6 Recordation of transfers and other documents. The conditions prescribed in § 201.4 of this chapter for recordation of transfers of copyright ownership and other documents pertaining to copyright are applicable to the recordation of documents pertaining to the protection of vessel designs under 17 U.S.C. chapter 13. [64 FR 36578, July 7, 1999, as amended at 82 FR 9366, Feb. 6, 2017] § 212.7 Reconsideration procedure for refusals to register. The requirements prescribed in § 202.5 of this chapter for reconsideration of refusals to register copyright claims are applicable to requests to reconsider refusals to register vessel designs under 17 U.S.C. chapter 13, unless otherwise required by this part. [69 FR 77637, Dec. 28, 2004] § 212.8 Correction of errors in certificates of registration. (a) General. (2) For the purposes of this section, a basic registration (3) No correction of the information in a basic registration will be made except pursuant to the provisions of this § 212.8. As an exception, where it is discovered that the record of a vessel design registration contains a clerical or typographical error made by the Copyright Office, the Office will take appropriate measures to rectify its error. Correction will be made only of clerical or typographical errors; errors of a different nature cannot be corrected and there is no procedure to amplify the registration record with additional information. (b) Application for correction of error in certificate. (c) Form and content of application to correct registration. (i) The make and model of the vessel that embodies the registered design; (ii) The registration number of the basic registration; (iii) The year when the basic registration was completed; (iv) The name or names of the designer or designers of the vessel design, and the owner or owners of the vessel design, as they appear in the basic registration; (v) The space number and heading or description of the part of the basic registration where the error occurred; (vi) A transcription of the erroneous information as it appears in the basic registration; (vii) A statement of the correct information as it should have appeared; (viii) If desired, an explanation of the error or its correction; (ix) The name and address: (A) To which the correspondence concerning the application should be sent; and (B) To which the certificate of correction should be mailed; and (x) The certification shall consist of: (A) The typed, printed, or handwritten signature of the owner of the registered design or of the duly authorized agent of such owner (who shall also be identified); (B) The date of the signature and, if the signature is handwritten, the typed or printed name of the person whose signature appears; and (C) A statement that the person signing the application is the owner of the registered design or of the duly authorized agent of such owner, and that the statements made in the application are correct to the best of that person's knowledge. (2) The form prescribed by the Copyright Office for the foregoing purposes is designated “Application to Correct a Design Registration (Form DC)”. Copies of the form are available free upon request to the Public Information Office, Library of Congress, Copyright Office, 101 Independence Avenue SE., Washington, DC 20559-6000 or on the Copyright Office website at http://www.copyright.gov/forms/formdc.pdf. (3) Copies, phonorecords or supporting documents cannot be made part of the record of a corrected certificate of registration and should not be submitted with the application. (d) Fee. [71 FR 46402, Aug. 14, 2006, as amended at 82 FR 9366, Feb. 6, 2017; 83 FR 66630, Dec. 27, 2018]