Copyright: Its History and Its Law Part 53

Failure to sign the affidavit. The signature should correspond exactly with the name of the affiant stated at the beginning. Corporation or firm names must not appear in this place.

Failure to obtain signature of the notary after swearing to the contents.

Failure to obtain the seal of the notary.

Swearing before an officer not authorized to act in the place stated in the venue.

Variance between names and dates as stated in the affidavit and the application.

The affidavit must never be made before the day of publication.

{Sidenote: By whom affidavit may be made}

34. The affidavit may be made by: (1) The person claiming the copyright; or (2) his duly authorized agent or representative residing in the United States; or (3) the printer who has printed the book.

The person making the affidavit must state in which of the above-mentioned capacities he does so.

{Sidenote: Book in foreign language}

35. In the case of a foreign author applying for a book in a language other than English, no affidavit is required, as such books are not subject to the manufacturing clause.

In the case of a foreign author applying for a book in the English language, the same affidavit must be made as in that of an American author, except where a book is deposited for _ad interim_ protection under section 21. In such cases the affidavit must be filed when the _ad interim_ copyright is sought to be extended to the full term.

The affidavit is only required for BOOKS.

PERIODICALS (FORM B)

{Sidenote: Periodicals}

36. Application should be made in the same manner as for books, depositing two copies, but no affidavit is required.

Separate registration is necessary for each number of the periodical published with a notice of copyright, and can only be made after publication. It is not possible to register the t.i.tle of the periodical in advance of publication.

CONTRIBUTIONS TO PERIODICALS (FORM A5)

{Sidenote: Contributions to periodicals}

37. If special registration is requested for any contribution to a periodical, _one_ copy of the number of the periodical in which the contribution appears should be deposited promptly after publication.

The entire copy should be sent; sending a mere clipping or a page containing the contribution does not comply with the statute.

The date of publication of a periodical is not necessarily the date stated on the t.i.tle-page. The application should state the day on which the issue is "first placed on sale, sold, or publicly distributed,"

which may be earlier or later than the date printed on the t.i.tle-page.

AD INTERIM APPLICATIONS (FORM A4)

{Sidenote: Ad interim copyright}

38. Where a book in the English language has been printed abroad, an _ad interim_ copyright may be secured by depositing in the Copyright Office one complete copy of the foreign edition, with an application containing a request for the reservation and a money order for $1. Such applications should state: (1) Name and nationality of the author; (2) Name and nationality of the copyright claimant; (3) Exact date of original publication abroad.

The deposit must be made within thirty days from publication abroad.

Whenever, within the thirty days' period of _ad interim_ protection, an edition manufactured in the United States is published, and two copies are deposited, the copyright claim therein may be registered the same as any other book (Form A2).

MAILING APPLICATIONS AND COPIES

{Sidenote: Address of mail matter}

39. All mail matter intended for the Copyright Office should be addressed to the "Register of Copyrights, Library of Congress, Was.h.i.+ngton, D. C." No letters dealing with copyright matters should be addressed to individuals in the office.

Copyright matter designed for deposit in the Copyright Office will be transmitted by the postmaster free of charge when requested. The postmaster will also, when requested, give a receipt for matter so delivered to him for transmission.

No franking label is issued by the Copyright Office for this purpose.

FEES

{Sidenote: Copyright fees}

40. The fee required to be paid for copyright registration is $1, except that in case of photographs it is only 50 cents when no certificate of registration is desired.

{Sidenote: Remittances}

All remittances to the Copyright Office should be sent by money order or bank draft. Postage stamps should not be sent for fees or postage.

Checks can not be accepted unless certified. Coin or currency inclosed in letter or packages if sent will be at the remitter's risk.

Publishers may for their own convenience deposit in the Copyright Office a sum of money in advance against which each registration will be charged.

a.s.sIGNMENTS OF COPYRIGHT

{Sidenote: a.s.signments of copyright}

41. When a copyright has been a.s.signed the instrument in writing signed by the proprietor of the copyright may be filed in this office for record within six calendar months after its execution without the limits of the United States or three calendar months within the United States.

After having been recorded the original a.s.signment will be returned to the sender with a sealed certificate of record attached.

{Sidenote: Fee for recording a.s.signment}

42. The fee for recording and certifying an a.s.signment is $1 up to 300 words; $2 from 300 to 1,000 words; and another dollar for each additional thousand words or fraction thereof over 300 words.

{Sidenote: Name of a.s.signee in claim}

43. After the a.s.signment has been duly recorded, the a.s.signee may subst.i.tute his name for that of the a.s.signor in the copyright notice on the work a.s.signed. Such subst.i.tution or transfer of owners.h.i.+p will be indexed in this office upon request, at a cost of 10 cents for each work a.s.signed.