Ch. 11
11.9.2
11.9.2
11-28
11.9.2
Later application, same work.(cont'd)
III.
Adverse claims(cont'd)
Examples (cont'd):
a.
(cont'd)
2.
When a claim was registered in the name of an author, and his widow now claims, the Office asks the date of the author's death.
(a)
If the date is earlier than that on which the first application was filed, registration is made without further ado.
(b)
If the author was living when registration was made in his name, the widow's claim may also be registered as a doubtful case, despite the principle that renewal rights vest on the date of a valid registration.
b.
Conflicts among first and second proviso claimants (proprietors as against authors and their beneficiaries).
1.
When a claim was registered in the name of an author, and a new application is submitted as "proprietor of copyright in a work made tor hire," the Office requests information concerning the circumstances under which the work was written.
2.
When a claim was registered in the name of one of several authors, and a new application is submitted as "proprietor of copyright in a work made for hire," without restricting the claim to the work of a particular author or authors, the office asks whether the claim covers the material written by the person in whose name registration has already been made.
(a)
If so, registration will be made if the applicant reasserts his claim.
(b)
If not, a new application should be submitted confing the claim to the material written by employees for hire.
