11-19
Ch. 11
11.7.4
11.7.4
11.7.4
Next of kin.(cont'd)
II.
Definitions. (cont'd)
a.
(cont'd)
Example:
An author had two brothers, one of whom died leaving two sons, may the nephews claim renewal equally with the surviving brother?
b.
The Copyright Office will register the claim of any blood relative as "next of kin," regardless of the degree of consanguinity.
c.
The statement of the basis of claim on the renewal application must not consist solely of a statement of relationship, examples: sister, mother, niece, etc. The claim itself should be stated as "next of kin of the deceased author, there being no will," although kinship may be specified parenthetically.
d.
Statements such as "heirs" or "representative of heirs" are not acceptable either as claimants or as bases of claim.
III.
Will, no executor. If the author left a will but no executors exist at the time for renewal, the proper renewal claimant is unclear.
a.
Except in the situation noted in topic 11.7.4.III.c.2., below, the Copyright Office will accept a claim in the names of the next of kin, on the basis of judicial authority.
b.
If it is unclear whether executors still exist, registration may be made in the names of both the executors and the next of kin, on separate applications and for separate fees.
(January 1960)
