Page:Copyright Office Compendium 3rd Edition - Full.djvu/1021

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Compendium of U.S. Copyright Office Practices, Third Edition

• For an executor named in the author's will: "Executor of the deceased author (name of author)."

• For an administrator c.t.a. (or d.b.n.c.ta.) for the deceased author's estate: "Administrator eta. (or administrator d.b.n.c.ta.) for the estate of the deceased author (name of author)."

• For a next of kin: "Next of kin of the deceased author (author's name), there being no will."

NOTE: In exceptional cases, the U.S. Copyright Office may accept other basis of claim statements for personal works when the statement appears to be accurate and to comply with the intent of the law.

2115.5(E)(2) Proprietary Works

Examples of acceptable statements for proprietary works include:

• If the work is a work made for hire: "Proprietor of copyright in a work made for hire."

• If the work is a composite work: "Proprietor of copyright in a composite work."

• If the work is a posthumous work: "Proprietor of copyright in a posthumous work."

• If the work was created by a corporate body under certain exceptional circumstances: "Proprietor of copyright in a work copyrighted by a corporate body, otherwise than as an assignee or licensee." As discussed in Section 2115.5(C)(2), this basis of claim is appropriate only in very limited circumstances.

NOTE: In exceptional cases, the U.S. Copyright Office may accept other basis of claim statements for proprietary works when the statement appears to be accurate and to comply with the intent of the law. Cadence Industries Corp. v. Ringer, 450 F. Supp. 59, 64 (S.D.N.Y. 1978).

2115.5(E)(3) Statutory Renewal Claimant Is Not Vested Owner

When the renewal copyright vested in a party which acquired the renewal copyright from a statutory renewal claimant as determined by a timely renewal registration, the renewal claim must provide the statutory basis for the claim to the renewal copyright and a statement showing how the vested owner acquired the copyright from the statutory renewal claimant. Examples of acceptable statements are:

• By will (or by intestate succession) of (name of deceased statutory renewal claimant), who was entitled on (effective date of timely renewal registration) to claim the renewal copyright as the (basis of claim statement from

Section 2115.5(E)(1)).

• By assignment or written agreement on (date) from (name of deceased or defunct statutory claimant), entitled on (effective date of timely renewal registration) to

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