Compendium of US Copyright Office Practices (1973)/Chapter 12

US Copyright Office Practices (1973)
by US Copyright Office
Chapter 12
3924045US Copyright Office Practices — Chapter 121973US Copyright Office
Ch. 12

Chapter 12


Assignments and Related Documents

Outline of Topics

Part 12.1
IN GENERAL
Statutory provisions
Copyright Office policy
Substantive contents
Any related instrument
Part 12.2
THE NATURE OF THE DOCUMENT
Kind at instrument submitted
Relation to copyright
Indirect or potential
No registration for work referred to
Relationship not clear
No purpose served
Effort to record what cannot be registered
VI.
Part 12.3
FORMAL SUFFICIENCY OF THE DOCUMENT
In general
"An instrument in writing"
No special form
The actual instrument
Handwritten signature
Illegible document
"Signed by the proprietor of the copyright"
Handwritten' signature of transferor
Apparent inconsistency
Authority to sign
Signature of individual
Identification of parties
Identitication at transferee
Identification of parties (cont'd)
Failure to identify necessary parties
Indexing
One-party documents
Identification of subject matter
Date not required
Failure to identity subject matter
Titles
Outside sources
No titles given
Words of present conveyance
Example
Lacking clear words of present conveyance
Intention manifest
Completeness
In general
Attachments
Incorporation by reference
Part of larger document
Other formal requirements
Freedom from obvious errors
Date of execution
Consular certificate of acknowlegement
Part 12.4
DOCUMENTS AMENDING COPYRIGHT OFFICE RECORDS
In general
Regulation §201.5(a)
Document to correct, amend, or amplify
Abandonments
Statement of abandonment
Conditions
Failure to meet conditions
Annotations
Part 12.4
DOCUMENTS AMENDING COPYRIGHT OFFICE RECORDS(cont'd)
Corrections of errors
Correction of errors in copyright registration
Correction of errors in recorded document
Changes and amplifications
Subsequent or additional information
Annotation
Part 12.5
RECORDATION
In general
Date of recordation
Indexing
Preparation under names and titles
Date of recordation
Changes in unrecorded document
Requests for Copyright Office to change
Returning document for initials
Recording fees
Code, sec. 215
Separate assignments
Titles
Pages

Chapter 12. ASSIGNNENTS AND RELATED DOCUMENTS

Part 12.1 IN GENERAL

12.1.1
Statutory provisions.
I.
A "copyright ... may be assigned, granted, or mortgaged by an instrument in writing signed by the proprietor of the copyright, or may be be­queathed by will." (17 U.S.C. §28).
II.
"Every assignment of copyright shall be recorded in the copyright office within three calendar months after its execution in the United States or within six calendar months after its execution without the limits of the United States, in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, whose assignment has been duly recorded." (17 U.S.C. §30).
12.1.2
Copyright Office policy.
I.
Substantive contents. As a rule, the Copyright Office will not attempt to judge or interpret the substantive contents of an assignment or other document; recordation will be made as long as the formal requirements have been met.
a.
If the document bears a descriptive heading (e.g., "license," "merger," "abandonment," etc.) this information may be included in the index cards, but this is regarded as transcription rather than interpretation.
b.
In exceptional cases, where it is clear that the instrument is invalid or does not accom­plish what was intended, the Copyright Office will reject the document.
Examples:
(1)
A document purporting to be an assignment which is actually a self-serving declaration signed by the "assignee."
(2)
A document purporting to be an abandonment of copyright whioh is signed by someone other than the copyright owner.
II.
Any related instrument. Generally, the Copyright Office does not require recordation of a document but will, upon request, record all formally acceptable assignment or related instrument.
a.

Where appropriate, the Copyright Office may point out the assignment provisions of the

law and suggest the desirability of recording an instrument.
b.
In certain oases, recordation of an assign­ment may be required as a condition of registration in the name of an assignee. (See Chapter 4 (Notioe), Part 4.2.3.I.g.).
Examples:
(1)
Registration for an unpublished work has been made in the name of the assignor; the work has been published unchanged with a notice in the name of the assignor, but with a reference to the assignment (e.g., "Copyright 1954 John Doe; assigned to Richard Roe").
(2)
Registration of an ad interim claim has been made in the name of the assignor; the U.S. edition has been published unchanged with a notice in the name of the assignor, but with a reference to the assignment (e.g., "Copyright 1954 John Doe, assigned to Richard Roe").
c.
In certain oases, recordation of an affidavit or other document may be required as a condi­tion of renewal registration or of annotation of oomp1eted records.
Examples:
(1)
Where a partioular author's name appears nowhere in our records in connection with an entry, and the omission of his name cannot logi­cally be explained, registration of a renewal claim in his name will be made on it documents supporting his authorship are recorded.
(2)
Records of a registration cannot be changed to correct an applicant's error or to supplement the informa­tion given, but may be annotated to refer to a recorded document setting forth the facts.

Part 12.2 TRUE NATURE OF THE DOCUMENT

12.2.1
Kind of instrument submitted. Although the law speaks of only of the recordation assignments (that is, generally, a transfer of complete ownership of a copy­right), the Copyright Office will record any kind of instrument which appears to have some relation to copyright protection.
Examples:
(1)
A license (i.e., an exclusive or non­ exclusive grant of permission to use a Copyrighted work for certain purposes).
(2)
A mortgage.
(3)
A will.
(4)
A court decree, such as a degree of distribution, etc.
(5)
A statement of abandonment of copyright.
(6)
An affidavit (such as a statement with respect to the authorship of a work)
(7)
An agreement or contract (such as an employment agreement).
(8)
A certificate of change of name or of corporate title.
(9)
A certificate or corporate merger.
(10)
A power of attorney.
12.2.2
Relation to copyright. The document need not have a direct relation to a copyright to be recorded, but may be questioned unless some possible direct or indirect relation can be perceived.
I.
Indirect or potential. The relation to a copyright may be indirect or potential.
Examples:
(1)
A bill of sale of a business.
(2)
A birth or death certificate.
(3)
A blanket power of attorney.
II.
No registration for work referred to. A document may be recorded even if the work to which it refers has not been registered for copyright, but registration in such cases may be suggested or requested.
III.
Relationship not clear. Where the relationship between the document to be recorded and copyright is unclear or obscure, recordation may be delayed and the applicant may be asked his purpose in submitting the instrument.
Examples:
(1)
A document consisting of a collection of newspaper clippings referring to a night club performer.
(2)
A bill of lading referring to a ship­ment of motion picture films.
IV.
No purpose served. Where it seems clear that recordation of a document would serve no purpose, recording will be discouraged and, in appropriate cases, refused.
Ch. 12
12.2.2
12-10
12.2.2
Relation to copyright.(cont'd)
V.
Effort to record what cannot be registered. Where it is clear that the applicant is seeking to substitute recording a document for registering a copyright claim, or to assert by recordation a claim for which registration would be refused, the document will be rejected.
VI.
Submitted in error. Where it seems probable that the document has been submitted to the Copyright Office in error, it may be questioned or, in clear cases, returned without recordation.
Examples:
(1)

An assignment of rights in

a trade-mark or patent.
(2)
A document citing a registration number which has no relation to any Copyright Office registration number.

Part 12.3 FORMAL SUFFICIENCY OF THE DOCUMENT

12.3.1
In general. In order to be recorded, a document must generally meet six formal requirements:
1.
It must be "an instrument in writing".
2.
If it purports to be an assignment, it must be "signed by the proprietor of the copyright."
3.
If it purports to be an assignment it must identify the assignor and assignee.
4.
It must adequately identify the copyrighted work or other subject matter with which it deals.
5.
If it purports to be an assignment, it must contain words of present conveyance.
6.
It must be complete by its own terms.
12.3.2
"An instrument in writing."
I.
No special form. The Copyright Office does not provide, suggest, or require any special form for assignments or other types of documents.
II.
The actual instrument. The document to be recorded should be the actual instrument by which the conveyance or other commitment was made.
a.
The original copy (or one of the original copies) should be submitted for recordation.
b.
A typewritten, photostatic, or other copy of the document will be questioned, but may be accepted (with an annotation on the official record) upon the specific request of the sender.
c.
Where the original of the document in question is on file in a public office, a copy certified by the appropriate official will be accepted.
c.
(cont'd)
(1)
Certificate of corporate merger.
(2)
Petition for change of name.
(3)
Court decree.
III.
Handwritten signature. As long as it contains an individual's actual handwritten signature, any type of legible document which meets the other formal requirements will be accepted for recordation.
Examples:
(1)
Handwritten or typewritten original.
(2)
Assignment in the form of a letter.
(3)
Carbon original.
(4)
Mimeographed original.
(5)
Printed original.
IV.
Illegible document. An illegible document, or one which could not be reproduced legibly on microfilm, will not be accepted.
12.3.3
"Signed by the proprietor of the copyright."
I.
Handwritten signature of transferor. As a rule, the document to be recorded should contain the actual handwritten signature of the person or per­sons making the transfer, commitment, or declaration.
a.
An unsigned document is returned for signature before recordation.
b.
If the signature of one of the parties to a two­ party agreement is missing, the lack of the signature will be questioned.
c.

If several assignors are identified in the body of the document, and spaces have been

provided for all their signatures, the docu­ment will be questioned if any of the signa­tures are missing, unless an additional copy of the document containing the missing signatures is submitted for recordation at the same time. With respect to assignors, each such document is indexed only under the partic­ular signatures it contains.
d.
The signature of the assignee is not a require­ment, and lack of the assignee's signature will not be questioned unless the instrument involves mutual undertakings requiring the assignee's signature for its validity.
II.
Apparent inconsistency. When there is an apparent inconsistency between the person named as assignor in the body of an instrument and the person whose signature appears on it, the document is questioned.
a.
If the assignor is a corporation or other imper­sonal legal entity, the capacity of the individ­ual executing the document on behalf of the assignor should be specified.
1.
If the assignor is a corporation, the docu­ment will be questioned unless the individ­ual's capacity is specifically stated, but use of the corporate seal on the document is not required.
2.
If the assignor is an impersonal legal entity other than a corporation, the specific capacity should be stated (e.g., THE JEJUNE PUBLISHING CO., P.N. Grata, President). The capacity is not required, however, if it is clear from the document that the individual is signing on behalf of the assignor (e.g., THE DEPLORABLE MUSIC CO., By Mary Hurrah).
12-14
Ch. 12
12.3.3
12.3.3
"Signed by the proprietor of the copyright,"
II.
Apparent inconsistency.(cont'd)
b.
If the document has been signed by a legal representative (executor, administrator, trustee, etc.) or attorney-in-fact of an individual, the document will be questioned unless the individual's capacity is specifically stated.
c.
Where there is a reconcilable variance between the signature and the assignor given in the body of the document, the instrument will generally be indexed under the form of the name appearing in the signature.
1.
The document will generally not be indexed under the name of an agent or official of a corporation or other impersonal legal entity, although cross-reference cards under his name may be appropriate in certain cases.
2.
Where the document has been signed by a legal representative or attorney-in-fact, it will be indexed under the name of the person Whom the signer represents, and cross-reference cards may be made under the name of the signer.
d.
As long as the capacity of the individual signer is stated or indicated, his legal authority to sign on behalf of the copyright proprietor will not be questioned.
III
Authority to sign. The Copyright Office will not conduct searches in order to determine whether a document has been signed by the copyright proprietor as shown in its records, nor will it question the authority of a particular person to sign as copyright Proprietor.
a.
In certain cases, where it seems clear from correspondence or other material in the file that the person signing the document is not the copyright proprietor, the Copyright Office may call the discrepancy to the attention of the sender, but will not refuse to record the document if requested.
12-15
Ch. 12
12.3.3
12.3.3
"Signed by the proprietor of the copyright."
III.
Authority to sign.(cont'd)
b.
No question will ordinarily be raised in the case of an assignment of copyright in a contri­bution to a periodical signed in the name of the periodical (e.g., Saturday Evening Post rather than that of the publisher (e.g., Curtis Publishing Co.).
IV.
Signature of individual. As a rule, the signature shou1d be the actual handwritten signature of an individual person, and should give the individual's own name rather than that of the person or organi­sation he may represent.
a
A pencil signature is acceptable.
b.
A hand-printed signature is aooeptab1e.
c.
A printed, typewritten, rubber-stamp, or faosimile signature will be questioned.
d.
An illiterate person's mark is aooeptab1e if accompanied by another person's signature attesting to its authenticity.
e.

The signature need not be legible or include the full name of the assignor, as long as the

name is sufficiently identified elsewhere in the document, but initials or a monogram would not generally be regarded as a signature.
12.3.4
Identification of parties.
I.
Identification of transferee. As a rule any docu­ment purporting to transfer a copyright or rights under a copyright (assignments; licenses, mortgages, etc.) should clearly identify the transferee as well as the person making the transfer.
II.
Failure to identify necessary parties. Documents which fail to identify the necessary parties will be questioned, but recordation will not be refused.
Examples:
(1)
"I, John Sohmo, do hereby assign all rights, including copyright, in the work entitled 'How to Burn Toast.'"
(2)
" ..copyright is hereby assigned to Cy Pres, as executor of the author ..." (the author not being identi­tied by name).
III.
Indexing. When a document which tails to identify the necessary parties is recorded, it will be indexed only under the names it contains; no index cards will be prepared under other names furnished in correspondence or elsewhere.
IV.

One-party documents. A document which necessarily involves only one party (e.g., an affidavit, an abandonment, a disclaimer, etc.) will be indexed under the single name involved; where possible, a

descriptive phrase characterizing the document will be transcribed on the index card.
12.3.5
Identification of subject matter.
I.

Date not required. While the document need not include copyright data or bibliographic informa­tion, it should contain a reasonably precise identification of the subject matter with which it

deals.
II.
Failure to identify subject matter. A document which fails to identify its subject matter will be questioned.
Examples:
(1)
"I hereby assign my copyright to the Mercenary Music Co."
(2)

".. copyright in ___________

is hereby assigned ..." (space left blank through oversight)
12-17
Ch. 12
12.3.5
12.3.5
Identification of subject matter.(oont'd)
II.
Failure to identify subject matter.(oont'd)
Examples:(cont'd)
(3)
" ... copyright in OPENING CHORUS is hereby assigned ..." (reference to part of sxore of an operetta mean­ingless when document considered by itself).
III.
Titles. As long as the subject matter is ade­quately identified it need not contain the titles under which the works were registered tor copy­right.
a.

An abbreviated or entirely different title, or a different descriptive phrase, may be

employed.
Examples:
(1)
"1957 Sales Manual " instead of "Fabulous Deals for '57."
(2)
"Style No. 1?3B," instead of "Polka Dots on Parade."
b.
The registration number may be used instead of the title.
c.
A blanket assignment or other transfer, in which no individual titles are given, may be reoorded without question.
Example:
(1)
"... copyrights in all the published works of Prolific C. Hack are hereby assigned ... "
IV
Outside sources. A document will be indexed solely under the titles or other identifying matter it contains; no information from sources outside the' document will be supplied.
V.
No titles given. When a document in which no titles are specified is resorded, the index cards will contain the notation "No titles given."
12.3.6
Words of present conyeyance.
I.

Example. A document purporting to be an assign­ment should contain words to the effect that copy­right is presently being conveyed (e.g., "I,

Horaoe C. Rucksack, do hereby assign, sell, trans­fer, grant, and convey copyright in 'Old Rag, I Love You,' to the Sperryville Literary Society, Inc."
II.
Lacking clear words of present conveyance. Where the applicant obviously wishes to have an assignment recorded, a document which lacks clear words of present conveyance will be questioned.
Examples:
(1)
A letter referring to an "understanding that you will have the assignment re­corded," accompanied by the certificate of registration.
(2)
A letter addressed to the author giving him "permission to seek another publisher and to take whatever steps are necessary to have the copyright transferred to you."
(3)

A letter from an author indicating that "the publisher has agreed to assign the

copyright to me."
(4)
A letter addressed to the Copyright Office, asking the Register of Copyrights to make a transfer of the copyright.
III.
Intention manifest. Where the intention to assign the copyright is manifest from a reading of the docu­ment as a whole, the fact that it is in the form of a letter or is inexactly or vaguely worded will not preclude its recordation.
12.3.7
Completeness.
I
In general. In general, a document will not be recorded unless it is complete by its own terms.
12-19
Ch. 12
12.3.7
12.3.7
Completeness.(cont'd)
II.
Attachments. Except as provided in paragraph d.below, a document which refers to specific attachment. (e.g., "... as enumerated in Schedule A, which is attached hereto and made a part here­ of ...") will be recorded only it the attachments are also submitted for recordation.
a.
Except as provided in paragraph d, below, submission of the attachments will be required even if they are irrelevant to the copyright (e.g., tax-forms, receipted bill) or it they duplicate information already in the records at the Copyright Office (e.g., the original certificate of copyright registration; a copy of the copyrighted work. another document which has already, been recorded).
b.
Except as provided in paragraph d, below, sub­mission of the attachments will be required even if they include a list of titles which would substantially increase the recording fee, and which are irrelevant to the transaction which the applicant is interested in, recording.
c.
Submission of the attachments may be avoided by deleting the reference from the body, of the documents, and the paper may be returned to the applicant for this purposes When suggest­ing this alternative, the Copyright Office will suggest the desirability of having any changes in the executed document initialled by all parties.
d.
In exceptional oases, where the sender asserts that all three of the following factors exist and specifically requests that the document be recorded as submitted, recordation may be made without the attachments (with an annotation of the official record).
1.
The attachment is completely unavailable; and
2.
The attachment is unnecessary to identify the subject matter of the document; and
3.
It would be impossible or wholly impracticable to secure permission from the parties to make any changes in the document.
III.
Incorporation by reference. When the terms of an­other instrument are merely "incorporated by reference" in the document to be recorded, attachment of the other instrument is not required.
Examples:
(1)

"In accordance with the terms of a mutual undertaking previously entered into be­

between the parties on May 29, 1957, which is incorporated by reference herewith, Flyod C. Willoware herby, transfers ..."
IV.
Part of larger document. When document indicates on its tact that it is part of a larger instrument (e.g. where it is marked "Attachment C" or "Exhibit A") the completeness of the document is normally questioned, but recordation will not be refused.
12.3.8
Other formal requirement.
I.
Freedom from obvious errors.
a.

As a rule no attempt is made to verity the facts stated in a document submitted for recordation; titles, registration numbers. authors, dates,

etc, are transcribed without checking their accuracy.
b.

When an obvious error of a material nature is recognised in the ordinary examination of the document, the paper is returned for correction; in such

cases, the Copyright Office will suggest the desirability of having any changes in the executed document initialled by all parties.
Examples
(1)
A document submitted for recordation in 1957 gives a 1958 date of execution.
(2)
The name of the assignor and assignee are accidentally reversed.
(3)
The letter of transmittal refers to one title and the document to an entirely different on.
c.
Names and titles will generally be transcribed on the index cards exactly as they appear in the document, but where there is no question but that a typographical error has been made in the document, the error will be corrected in indexing the document.
Examples:
(1)
"Great Russiand Short Novels"
(2)
"Macame du Barry"
II.
Date of execution.
a.
The document to be recorded need not bear a date although, if it does state a date of execution, this information will be transcribed on the index cards,
b.
While the law provides consequences for failure to record an assignment within three months of its execution (or six months if executed abroad), the Copyright Office will record a document at any time after its execution. However, if the specified recording period is nearing expiration, the Copyright Office may point out the statutory provisions when further correspondence is necessary.
III.
Consular certificate of acknowledgment.
a.
Section 29 of Title 17 provides
"Every assignment of copyright executed in a foreign country shall be acknowledged by the assignor before a consular officer or secretary of legation of the United states authorised by law to administer oaths or perform notarial acts. The certificate of such acknowledgment under the hand and official seal of such con­sular officer or secretary of legation shall be prima facie evidence of the execution of the instrument."
b.

If a document appears to be an assignment which has been executed abroad, and which does not contain a consular certificate of acknowledgment of the assignor's signature, the document will be held and the provisions of section 29 will be called to the attention of the sender.

1.
The document may be returned to the sender, upon request, so that a certificate may be obtained.
2.
The document may be recorded without the certificate (with an annotation on the official record) at the specific request of the sender.
c.

Recordation of foreign documents which are clearly not assignments will be made without

reference to section 29, but where the nature of the document is unclear, the provisions of that section may be xalled to the attention of the sender.
d.
Since the statute refers to acknowledgment of the signature of the assignor, a consular cer­tificate of acknowledgment of the signature of someone other than the assignor will be questioned, and the sender will be given an opportunity to obtain a new certificate.
Example:
(1)
The signature of the assignor has been acknowledged before a notarial officer of the country of execution, and the notary's signature has in turn been certified by a consular officer.

Part 12.4 DOCUMENTS AMENDING COPYRIGHT OFFICE RECORDS

12.4.1
In general.
I.
Regulation §201.5(a). The Regulations of the Copy­right Office 37 C.F.R. §201.5(a)) do not permit correction or cancellation of a Copyright Office registration or other record, but provide that "... it shall be within the discretion of the Register of Copyrights to determine if a particular case justi­fies the placing of an annotation upon record for the purpose of clarification, explanation, or indication that there exists elsewhere in the records, indexes or correspondence files of the Office, infor­mation which has reference to the facts as stated in such record."
II.
Document to correct. amend. or amplify. Where an applicant desires to correct, amend, or amplify a completed Copyright Office record, he may submit for recordation a document giving the pertinent information.
12.4.2
Abandonments.
I.
Statement of abandonment. Although there is no provision in the copyright law for abandoning a copy­right, the Copyright Office will record an affidavit or signed statement of abandonment without offering any opinion as to its legal effect.
II.
Conditions. A statement of abandonment should generally meet the following conditions:
a.
It should be signed by the person in whose name the claim was registered, or by his attorney in­ fact or assignee of record.
b.
It should contain clear words of present abandonment.
c.
It should adequately identify the work with which it deals.
d.

If executed abroad, it should preferably be accompanied by a consular certificate of

acknowledgment.
e.

The original certificate of registration should be relinquished to the Copyright

Office at the time of recordation.
III.
Failure to meet conditions. Where a statement does not meet one or more of these conditions, the sender will be informed concerning them but recordation will not be refused.
IV.
Annotations. Following recordation of a statement of abandonment, annotations referring to the volume and page in which it is recorded will be added to the original record of registration and the catalog cards covering the entry.
12.4.3
Correction of errors.
I.
Correction of errors in copyright registration.
a.
Where the record of a copyright registration is alleged to contain an error, not the fault of the Copyright Office, it is possible to record an affidavit or signed statement outlining the error and stating the correct facts.
Examples:
(1)
Incorrect date of publication given.
(2)
Statement of new matter omitted.
(3)
Author's citizenship incorrectly stated.
(4)
Co-author's name omitted.
b.
In certain cases where a Copyright Office action is dependent upon the recordation of such a docu­ment (e.g., where renewal registration in the name of a particular author depends upon recorda­tion of a document attesting to his authorship), it is desirable that the document be in the form of an affidavit signed by the person making the claim, and accompanied by supporting documents or affidavits.
12.4.3
Correction of errors.(cont'd)
I.
Correction of errors in copyright registration.(cont'd)
c.

Following recordation of a document intended to correct an error in a copyright registration, an annotation referring to the volume and page

numbers of the recorded document is added to the entry; the original catalog cards covering the registration are annotated.
II.
Correction of errors in recorded document. Where errors in a recorded document are discovered follow­ing recordation, no changes in the completed record can be made, but the sender may adopt one of three alternatives:
a.
He may submit a completely new document for recordation.
b.
He may have the original document (which has been recorded and returned to him) corrected and recorded again.
c.
He may submit for recordation an affidavit or signed statement describing the error in the previously-recorded document.
12.4.4
Changes and amplifications.
I.
Subsequent or additional information. Where the Copyright Office record in question was not erroneous, but some of the facts have changed, or where the applicant wishes to amplify the facts stated on the record, it is possible to record an affidavit or signed statement describing the change or outlining the additional information.
Examples:
(1)
Change of title.
(2)
Change of maiden name to married name.
(3)
Addition of a pseudonym.
12.4.4
Changes and amplifications.(cont'd)
II.
Annotation. In such cases, cross-reference cards referring to the document are added to the general card catalog.

Part 12.5 RECORDATION

12.5.1

In general. The recordation process involves initial examination of documents for formal sufficiency, determination of the recording fee, assigning volume and page numbers, preparation of index cards under the appropriate names, titles, numbers, dates, etc., microfilming, checking the completed microfilm record,

and mailing the recorded document.
12.5.2

Date of recordation. The date of recordation for a particular document is the date the last necessary element (acceptable document and re­quired fee) is received. When a document is returned to the sender for correction, the date it is returned in corrected form is regarded as the date of recordation. When the fee, or part

of the fee, is received after receipt of the document, the date of receipt of the amount making up the total fee is the date of re­cordation.
12.5.3
Indexing
I.
Preparation under names and titles. Index cards covering a recorded document are prepared under the names of the parties and the titles listed in the document. (See items 12.1.2, I.a., 12.3.3, I.c., 12.3.3, II.c., 12.3.4, III., 12.3.4, IV., 12.3 .5, IV., 12.3.5, V., 12.3.8).
II.
Date of recordation. The cards will state the date of recordation, the inclusive volume and page numbers, and (where given in the document) may also include the date of execution, the nature of the document, the names of the authors, the registration number and year date of registration, and descriptive matter following the title (e.g., "(in C sharp minor)").
Ch. 12
12.5.3
12-28
12.5.4
Changes in unrecorded document.
I.
Requests for Copyright Office to change. The Copyright Office will not itself make any changes or corrections in a document submitted for recordation, even when specifically requested or authorized to do so by the copyright owner.
Examples:
(1)
Sender requests Copyright Office change the year date of execution from "1997" to "1957."
(2)
Sender requests Copyright Office to determine registration number and add it to a blank space in the document.
(3)
Sender requests Copyright Office to delete reference to an attachment
II.
Returning document for initials. If the process of recordation has not been started when the request for change or correction is received, the Copyright Office may return the document to the sender, suggesting that amendments should be initialled by the parties.
12.5.5
Recording fees.
I.
Code, sec. 215. Section 215 of 17 U.S.C. pre­scribes the following recording fees:
"For recording every assignment, agreement, power of attorney, or other paper not exceeding six pages, $5; for each additional page or less, 50 cents; for each title over one in the paper recorded, 50 cents additional."
12-29
Ch. 12
12.5.5.
12.5.5
Recording fees.(oont'd)
II.
Separate assignments. A fee is required for each separate assignment or document, even if the, appear on the same page.
III.
Titles. In determining the number of titles in a document, the following considerations are observed:
a.
Every title of oopyrighted or copyrightable works listed in the document is included, but not designations referring to unoopyrightable matter (trademarks, patents, etc.)
b.
The term "title" for this purpose generally denotes "appellation" or "denomination!' rather than "registration," "work," or "oopyright."
1.
Where the same title is repeated more than once in the same document~ it is oounted as only one title, unless the document is too long or complex to make finding of duplicates feasible.
(a)
Duplicate titles are counted as a single "title" for purposes of com­puting the fee, even when different registration numbers or dates are indicated. The same is true in the case of various issues, volumes, chapters, installments,. etc., even when listed separately under differ­ent numbers and dates.
Examples of one title":
(1)

--'.'Ferlin Husky Fan Club News," vol. 1, no. J, June, 1957

--"Ferlin Husky Fan Club News," vol. 1, no. 4, July, 1957
(2)

-"Trapped in the Snack Bar," Installment I

--"Trapped in the Snack Bar," Installment II
(b)
Where the same title is repeated more than once in the same document, but is followed by different descriptive matter, subtitles, names of authors, etc., separate fees will be charged.
Examples:
(1)
--RONDO (Massenet)
--RONDO (Respighi)
(2)
--"Combination Waffle Iron and Pants Presser"
--"Combination Waffle Iron and Pants Presser (side view)"
(3)
--The Romance of Searching"
--"The Romance of Searching," a fantasy by D. F. Queens
(c)
Where a work is listed under alterna­tive titles, or where both old and new titles are indicated, separate fees will be charged.
Examples:
(1)
"Money Isn't Everything," also known as "Who Wants to be a Seven"
(2)
"Jimmie's Cafe," formerly known as "Draw One"
(d)
Where a work is listed under two titles, but the second title is merely a des­criptive subtitle or translation of the first, only one fee will be charged.
Examples:
(1)
"How to Get Ahead in the Govern­ment, or Ten Ways to Get Rid of Your Supervisor"
(2)
"On the Water (Auf Dem Wasser)"
(e)

In cases where, despite separate list­ings of the title, only one fee would

normally be charged, the Copyright Office will make separate index cards under the various listings, upon the speoific request of the sender and payment of separate fifty-cent fees.
IV.
Pages.
a.
In determining the number of pages in a document, each side of a leaf bearing textual matter is regarded as a "page."
b.
A rider is not considered a "page" unless it is more than half the size of the other sheets in the document.