Ch. 13
13.1.1
13.1.1
13-4
13.1.1
Statutory provisions. (cont'd)
II.
The "notice of use" requirement. "It shall be the duty of the copyright owner, it he uses the musical composition himself for the manufacture of parts of instruments serving to reproduce mechanically the musical work, or licenses others to do so, to file notice thereof, accompanied by a recording fee, in the Copyright Office, and any failure to file such notice shall be a complete defense to any suit, action, or proceeding for any infringement of such copyright." (17 U.S.C. § 1(e).)
III.
The "notice of intention to use" requirement. "Whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this title, he shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the Copyright Office, sending to the Copyright Office a duplicate of such notice;..." (17 U.S.C. § 101(e).)
13.1.2
Copyright Office policy.
I.
The function the Copyright Office performs in recording notices of use is similar to its function in recording assignments and related documents. (See Chapter 12.)
a.
As a rule the Copyright Office makes no effort to evaluate the accuracy of the statements given in a notice of use, but merely records and indexes any notice of use that meets the minimum formal requirements. (See part 13.3.)
b.
In exceptional cases, where it seems clear from the notice of use itself, or from accompanying correspondence, that the notice has been filed under a misconception of the law, the Copyright Office will write, pointing out the possible difficulty.
Examples of common misconceptions concerning notices of use:
(1)
That a notice of use may be filed instead of registering a claim to copyright.
