Copyright: Its History and Its Law Part 52

(2) The _nationality_ of the author of the work.

(3) The _t.i.tle_ of the work.

(4) The name and address of person to whom certificate is to be sent.

(5) In the case of all _published_ works the actual date (year, month, and day) when the work was published.

{Sidenote: Name of author}

{Sidenote: Nationality of author}

30. In addition, it is desirable that the application should state for record the name of the author. If, however, the work is published anonymously or under a pseudonym and it is not desired to place on record the real name of the author, this may be omitted. In the case of works made for hire, the employer may be given as the author. By the nationality of the author is meant citizens.h.i.+p, not race; a person naturalized in the United States should be described as an American. An author, a citizen of a foreign country having no copyright relations with the United States, may secure copyright in this country, if at the time of publication of his work he is a permanent resident of the United States. The fact of such permanent residence in the United States should be expressly stated in the application. Care should be taken that the t.i.tle of the work, the name of the author, and the name of the copyright claimant should be correctly stated in the application, and that they should agree exactly with the same statements made in the work itself.

APPLICATION FORMS

{Sidenote: Application forms}

31. The Copyright Office has issued the following application forms, which will be furnished on request, and should be used when applying for copyright registration:

A1. Book by citizen or resident of the United States.

A1. New ed. New edition of book by citizen or resident of the United States.

A1. for. Book by citizen or resident of a foreign country, but manufactured in the United States.

A2. Edition printed in the United States of a book originally published abroad in the English language.

A3. Book by foreign author in foreign language.

A4. Ad interim. Book published abroad in the English language.

A5. Contribution to a newspaper or periodical.

B1. Periodical. For registration of single issue.

B2. Periodical. General application and deposit.

C. Lecture, sermon, or address.

D1. Published dramatic composition.

D2. Dramatic composition not reproduced for sale.

D3. Dramatico-musical composition.

E1. Published musical composition.

E2. Musical composition not reproduced for sale.

F. Published map.

G. Work of art (painting, drawing, or sculpture); or model or design for a work of art.

H. Reproduction of a work of art.

I. Drawing or plastic work of a scientific or technical character.

J1. Photograph published for sale.

J2. Photograph not reproduced for sale.

K. Print or pictorial ill.u.s.tration.

AFFIDAVIT OF MANUFACTURE

{Sidenote: Affidavit for book}

32. In the case of books by American authors and all books in the English language the application must be accompanied by an affidavit, showing the following facts:

(1) That the copies deposited have been printed from type set within the limits of the United States; or from plates made within the limits of the United States from type set therein; or if the text be produced by lithographic process or photo-engraving process, that such process was wholly performed within the limits of the United States. Stating, in either case, the place and the establishment where such work was done.

(2) That the printing of the text has been performed within the limits of the United States, showing the place and the name of the establishment doing the work.

(3) That the binding of such books has been performed within the limits of the United States, showing the place and the name of the establishment where the work was done. This can be omitted if the work is unbound.

(4) That the completion of the printing of said book was on a stated day, or that the book was published on a given date.

{Sidenote: Date of publication}

Section 62 of the copyright act defines the date of publication as "the earliest date when copies of the first authorized edition _were placed on sale, sold, or publicly distributed_ by the proprietor of the copyright or under his authority."

{Sidenote: Affidavit must be under seal}

33. The affidavit may be made before any officer authorized to administer oaths within the United States who can affix his official seal to the instrument.

{Sidenote: Errors by applicants}

The applicant and the officer administering the oath for such affidavit are specially requested to make sure that the instrument is properly executed, so as to avoid the delay of having it returned for amendment.

Experience shows that among the common errors made by applicants are the following:

Failure to write in the "venue," that is, the name of the county and State, and to make sure that the notary's statement agrees.

Reciting a corporation or partners.h.i.+p as affiant. Oaths can be taken only by individuals.

Failure to state in what capacity the affiant takes the oath, whether as claimant, agent of the claimant, or printer. Where a corporation or firm is the claimant, the affiant should swear as agent.

Failure to state the _exact date_ of publication or completion of printing. The month alone is insufficient.