H. Reproduction of a work of art. 11. Published drawing or plastic work of a scientific or technical character. 12. Unpublished drawing or plastic work of a scientific or technical character. J1. Photograph published for sale. J2. Photograph not reproduced for sale. K. Print or pictorial illustration. L1. Motion-picture photoplay reproduced for sale. L2. Motion-picture photoplay not reproduced for sale. M1. Motion picture, not a photoplay, reproduced for sale. M2. Motion picture, not a photoplay, not reproduced for sale. R. Renewal of a copyright for 28 years. U. Notice of use of music on mechanical instruments. *+ [Sec. 33, as amended May 17, 1938] 201.13 Affidavit of manufacture. 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: (a) 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. (b) 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 where the work was done. (c) That the binding of such book (if bound) has been performed within the limits of the United States, showing the place and the name of the establishment where the work was done. (d) 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 (35 Stat. 1087; 17 U.S.C. 62) defines the date of publication (in the case of a work of which copies are reproduced for sale or distribution) as "the earliest date when copies of the first authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority."* [Sec. 34] 201.14 Making of affidavit. 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. The affiant 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 that among the common errors made by applicants are the following: Failure to write in the "venue"-that is, the name of the county and State-and to make sure that the notary's statement agrees. Reciting a corporation or partnership as affiant. Oaths can be made only by individuals. Failure to state in what capacity the affiant makes 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. Page 8 **For statutory and source citations, see note to § 201.1. 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, or an officer who has no official seal. Variance between names and dates as stated in the affidavit and the application. An affidavit which states the date of publication must never be made before publication has taken place.** [Sec. 35] 201.15 Who may make affidavit. The affidavit may be made by: (a) The person claiming the copyright; or (b) his duly authorized agent or representative residing in the United States; or (c) the printer who has printed the book. The person making the affidavit should state in which of the abovementioned capacities he does so.*t [Sec. 36] 201.16 Affidavit for ad interim term. 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 (35 Stat. 1080; 17 U.S.C. 21). In such cases the affidavit must be filed when the ad interim copyright is sought to be extended to the full term by the publication of an edition printed in the United States. The affidavit is only required for books.*+ [Sec. 37] 201.17 Periodicals (Form B). 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.*+ [Sec. 38] 201.18 Contributions to periodicals (Form A5). If special registration is requested for any contribution to a periodical, one complete 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 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.*t [Sec. 39] **For statutory and source citations, see note to § 201.1. Page 9 201.19 Ad interim applications (Form A4). 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 $2. Such applications should state: (a) Name and nationality of the author; (b) Name, nationality, and address of the copyright claimant; (c) Exact date of original publication abroad. The deposit of the work must be made not later than sixty days after its publication abroad. Whenever, within the four months period of ad interim protection, an authorized edition manufactured in the United States has been published and two copies have thereafter been promptly deposited, the copyright claim therein may be registered the same as any other book (Form A).* [Sec. 40, as amended May 17, 1938] 201.20 Mailing applications and copies. All deposits and other material for the Copyright Office should be addressed to the "Register of Copyrights, Library of Congress, Washington, D. C." Letters dealing with copyright matters should not be addressed to clerks or individuals in the Copyright Office. The copies of works sent to be registered for copyright may be mailed to the Copyright Office free (under section 14 of the copyright law) if directly delivered for that purpose to the postmaster, who will attach his frank label to the parcel. The Copyright Office can not furnish franking labels. The money order (or other remittance) to pay the statutory registration fee is not entitled to free postal transmission according to the ruling of the Post Office Department. This with the application should therefore be forwarded in an envelope, to which letter postage has been affixed, addressed to the Register of Copyrights.*† Sec. 41] 201.21 Fees. The fee required to be paid for copyright registration of a published work is $2, except that in case of photographs it is only $1, when no certificate of registration is desired. All remittances to the Copyright Office should be sent by money order or blank 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 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.*+ [Sec. 42, as amended May 17, 1938] 201.22 Assignment of copyright-(a) Procedure. When a copyright has been assigned the instrument in writing signed by the proprietor of the copyright may be filed in this office for record within 6 calendar months after its execution without the limits of the United States or 3 calendar months within the United States. After having been recorded the original assignment will be returned to the sender with a sealed certificate of record attached. The assignment will be returned by registered mail, if the post-office registration fee (10 cents) is sent for that purpose. Page 10 **For statutory and source citations, see note to § 201.1. (b) Fee. The fee for recording and certifying an assignment is $2 for each copyright office record book page or fraction thereof over one-half page. (c) Substitution of assignee's name. After the assignment has been duly recorded, the assignee may substitute his name for that of the assignor in the copyright notice on the work assigned. Such substitution or transfer of ownership will be indexed in this office upon request at a cost of 10 cents for each work assigned.*+ [Secs. 43-45, as amended May 17, 1938] 201.23 Notice of user of musical compositions. Whenever the owner of the copyright in a musical composition uses such music upon the parts of instruments serving to reproduce it mechanically himself or permits anyone else to do so, he must send a notice of such use by himself or by any other person to the Copyright Office to be recorded. Whenever any person in the absence of a license intends to use a copyright musical composition upon the parts of instruments serving to reproduce the same mechanically, the Act requires that he shall serve notice of such intention upon the copyright proprietor and must also send a duplicate of such notice to the Copyright Office.*+ [Secs. 46-47] 201.24 Application for the renewal of subsisting copyrights(a) Renewal claimants. Application for the renewal of a subsisting copyright may be filed within 1 year prior to the expiration of the existing term by: (1) The author of the work if still living; (2) The widow, widower, or children of the author if the author is not living; (3) The author's executor, if such author, widow, widower, or children be not living; (4) If the author, widow, widower, and children are all dead, and the author left no will, then the next of kin. (5) If the work be a posthumous work or a periodical, cyclopædic or other composite work upon which the copyright was originally secured by the proprietor thereof, or a work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work was made for hire, then the proprietor of such copyright is entitled to the privilege of renewal. (b) Fee. The fee for the recording of the renewal claim is $1. Application for the renewal or extension of copyright can not be recorded in the name of any person not expressly mentioned in section 23 of the Act (35 Stat. 1080; 17 U.S.C. 23).*+ [Secs. 48-50, as amended May 17, 1938] 201.25 Searches. Upon application to the Register of Copyrights search of the records, indexes, or deposits will be made for such information as they may contain relative to copyright claims. Persons desiring searches to be made should state clearly the nature of the work, its title, the name of the claimant of copyright and probable date of entry; in the case of an assignment, the name of the assignor **For statutory and source citations, see note to § 201.1. Page 11 or assignee, or both, and the name of the copyright claimant and the title of the music referred to in case of notice of user. The statutory fee for the searches is $1 for each full hour of time consumed in making such search.*+ [Sec. 51, as amended May 17, 1938] Sec. PART 202-PROCLAMATION COPYRIGHT RELATIONS Sec. 202. 1 Copyright protection to works 202. 4 Protection to foreign citizens of foreign citizens. under treaty proclamation. 202.2 Protection to parts of musical 202. 5 Protection to parts of musical instruments. instruments under treaty proclamation. 202.3 Protection to foreign citizens under Convention. Section 202.1 Copyright protection to works of foreign citizens. The following proclamations extend copyright protection to works of authors who are citizens or subjects of the countries named: Page 12 *For statutory and source citations, see note to § 201.1. |