Opinion
No. 96 Civ. 3564 (JGK).
July 15, 2005
MEMORANDUM OPINION ORDER
The plaintiff has a filed a Motion for reconsideration of the denial of his March 25, 2005 Motion for an Order pursuant to Federal Rule of Civil Procedure 60(a) and (b) (5) and (b) (6) to correct Form AO 121 so that the Title of the Work is designated "Big Bouquet of Flowers on Marble Table," rather than "Elya Peker." The motion is denied.
The March 25, 2005 Motion sought to correct Form AO 121, allegedly to correct a typographical error in the form — Mr. Peker was listed as the title of the work as well as its author. However, there does not appear to be an error in the title of the work as listed on Form AO 121. The Copyright Registration No. TX 2-763-986 that was referenced in Form AO 121, and which was attached to the Complaint in this action provided by the plaintiff to this Court, lists the title of the work as "Elya Peker." "Elya Peker" is also listed as the author of the work. Therefore, the typographical error appears to have originated with the Certificate of Copyright Registration filed by the plaintiff with the Copyright Office. The Clerk simply copied the Registration certificate provided by the plaintiff. The Clerk correctly did not alter the description of the work as listed in the Copyright Registration provided by the plaintiff. Because the Clerk of the Court did not err in copying the title of the work from the Certificate of Copyright Registration filed by the plaintiff with the Copyright Office, the Court did not err in failing to direct the Clerk to change the title of the work in Form AO 121. If the plaintiff would like the title of the work changed on Form AO 121, the plaintiff should first change the title of the work as it is registered with the Copyright Office.
SO ORDERED.