(1) The name and address of the claimant of copyright. (4) The name and address of person to whom certificate is to be sent. (5) In the case of all published works the actual date (year, month, and day) when the work was published. 30. In addition, it is desirable that the application Name of should state for record the name of the author. If, how- author ever, the work is published anonymously or under a pseudonym and it is not desired to place on record the real name of the author, this may be omitted. In the case of works made for hire, the employer may be given as the author. By the nationality of the author is meant citizenship, not Nationality race; a person naturalized in the United States should be of author described as an American. An author, a citizen of a foreign country having no copyright relations with the United States, may secure copyright in this country, if at the time of publication of his work he is a permanent resident of the United States. The fact of such permanent residence in the United States should be expressly stated in the application. Care should be taken that the title of the work, the name of the author, and the name of the copyright claimant should be correctly stated in the application, and that they should agree exactly with the same statements made in the work itself. APPLICATION FORMS 31. The Copyright Office has issued the following appli- Application cation forms, which will be furnished on request, and forms should be used when applying for copyright registration: A1. Book by citizen or resident of the United States. A1. New ed. New edition of book by citizen or resident of the United States. A1. for. Book by citizen or resident of a foreign country, but manufactured in the United States. A2. Edition printed in the United States of a book originally published abroad in the English language. A3. Book by foreign author in foreign language. Affidavit for book A'. Ad interim. Book published abroad in the English language. A. Contribution to a newspaper or periodical. B1. Periodical. For registration of single issue. D1. Published dramatic composition. D2. Dramatic composition not reproduced for sale. E1. Published musical composition. E2. Musical composition not reproduced for sale. G. Work of art (painting, drawing, or sculpture); or model or design for a work of art. H. Reproduction of a work of art. I. Drawing or plastic work of a scientific or technical character. J'. Photograph published for sale. J2. Photograph not reproduced for sale. K. Print or pictorial illustration. AFFIDAVIT OF MANUFACTURE 32. In the case of books by American authors and all books in the English language the application must be accompanied by an affidavit, showing the following facts: (1) That the copies deposited have been printed from type set within the limits of the United States; or from plates made within the limits of the United States from type set therein; or if the text be produced by lithographic process or photo-engraving process, that such process was wholly performed within the limits of the United States. Stating, in either case, the place and the establishment where such work was done. (2) That the printing of the text has been performed within the limits of the United States, showing the place and the name of the establishment doing the work. (3) That the binding of such books has been performed within the limits of the United States, showing the place and the name of the establishment where the work was done. This can be omitted if the work is unbound. (4) That the completion of the printing of said book was on a stated day, or that the book was published on a given date. Section 62 of the copyright act defines the date of pub- Date of lication as "the earliest date when copies of the first publication authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority." 33. The affidavit may be made before any officer authorized to administer oaths within the United States who can affix his official seal to the instrument. Affidavit must be under seal The applicant and the officer administering the oath for such affidavit are specially requested to make sure that the instrument is properly executed, so as to avoid the delay of having it returned for amendment. Experience shows Errors by that among the common errors made by applicants are the applicants following: Failure to write in the "venue," that is, the name of the county and State, and to make sure that the notary's state ment agrees. Reciting a corporation or partnership as affiant. Oaths can be taken only by individuals. Failure to state in what capacity the affiant takes the oath, whether as claimant, agent of the claimant, or printer. Where a corporation or firm is the claimant, the affiant should swear as agent. Failure to state the exact date of publication or completion of printing. The month alone is insufficient. 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. By whom affidavit may be made Book in foreign language Periodicals Contributions to periodicals Variance between names and dates as stated in the affidavit and the application. The affidavit must never be made before the day of publication. 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. 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) 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 title of the periodical in advance of publication. CONTRIBUTIONS TO PERIODICALS (FORM A5) 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 title-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 title-page. AD INTERIM APPLICATIONS (FORM A1) 38. Where a book in the English language has been Ad interim printed abroad, an ad interim copyright may be secured by copyright 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 39. All mail matter intended for the Copyright Office Address of should be addressed to the "Register of Copyrights, Li- mail matter brary of Congress, Washington, 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 40. The fee required to be paid for copyright registra- Copyright tion is $1, except that in case of photographs it is only 50 fees cents when no certificate of registration is desired. |