8-13
Ch. 8
8.2.2.
8.2.2.
8.2.2
Form and position of notice.(cont'd)
II.
Name of the copyright proprietor.
(cont'd)(a)
Registration in the name in the notice, with the recordation of an assignment or similar document, will be suggested.
(b)
Registration in the name of the person who owned the right to secure U.S. copyright on the date of first publication will be discouraged, but will not be refused; the application will be annotated to show the name in the notice.
f.
Where the U.S. edition of a work originally registered ad interim contains no new matter, registration will be made in the name in the notice on the American edition. If the name is different from that in which ad interim registration was made, and if no assignment has been recorded, a cautionary letter may be sent.
III.
Date in the notice.
a.
As a rule, the requirements governing the use of the year date in the notice, as outlined in topic 4.2.4, apply equally to works first published in the United States and those first published abroad.
b.
Where the U.S. edition of a work originally registered ad interim contains no new matter, registration will be refused unless the notice contains a year date not more than one year later than the year date of first publication abroad. (37 C.F.R. § 202.2(6)(iii))
IV.
Position of the notice.
a.
A notice that would meet the ordinary position requirements of § 20 (see part 4.3) if the work were first published in the U.S. would be equally acceptable if the work were first published abroad.
b.
Where the author of a work is not a citizen or domiciliary of the U.S., and the author is a citizen of a U.C.C. country or the work was first published in a U.C.C. country, the position requirements are satisfied if the notice is "printed in such manner and location as to give reasonable notice of claim of copyright." Where, in such cases, the notice is a substantial departure from the ordinary requirements of § 20, a cautionary letter may be sent.
Examples:
(1)
Notice on last page of book; accept as "reasonable" but send cautionary letter.
(2)
Notice on page 213 of 650-page book; reject.
