13-7
Ch. 13
13.2.2
13.2.2
13.2.2
Works listed should be copyrighted.(cont'd)
II.
(cont'd)
b.
(cont'd)
and action on the application must be deferred because of some defect, action on the notice of use should not be deferred unless there is reason to doubt that registration for the work will be completed.
Examples:
(1)
Where the detect is lack of signature, the notice of use should be recorded without waiting for the new application.
(2)
Where there is a question as to the ownership of the copyright, the notice of use should not be recorded until entry has been made.
III.
Where it is clear or probable that the compositions listed on a notice of use have been published with a copyright notice, the fact that claims to copyright have never been registered will not affect the recordability of the notice. In appropriate cases, however, the necessity for registering a claim may be pointed out to the person submitting the notice, and the case may be referred to the Compliance Section for possible action.
13.2.3
Works listed should be musical compositions.
I.
Recordation of a notice of use should be discouraged where it seems clear that the works listed on the notice are neither musical compositions nor copyrightable works containing music.
Examples:
(1)
Title on notice: "The Poems of Dylan Milkweed, Vol. II".
(1)
Title on notice: "Mario Lasagna Sings! (a Concert Hall Recording, NaXL-7777)."
