Page:Compendium of US Copyright Office Practices, II (1984).pdf/374

1600-8

1605

Formal sufficiency of document.(cont'd)

1605.05

Apparent inconsistency. (cont'd)

1605.05(b)

Document signed by legal representative or attorney-in-fact. If the document has been

signed by a legal representative e.g., executor, administrator, or trustee) or attorney-in-fact of an individual, the document will be questioned unless the individual's capacity is specifically stated.

1605.05(c)

Reconcilable variance between names: indexing. When there is a reconcilable variance between the signature on the document and the name of the transferor appearing in the body of the document, the instrument will generally be indexed under what can be determined to be the fullest form of the legal name. The document will generally not be indexed under the name of an agent or official of a corporation or other impersonal legal entity, although cross­ references under his or her name may be appro­priate in certain cases. Where the document has been signed by a legal representative or

attorney-in-fact, it will be indexed under the name of the person whom the signer represents, and cross-references may be made under the name of the signer.

1605.06

Authority to sign. The Copyright Office does not conduct searches in order to determine whether a document has been signed by the owner of the copy­right as shown in its records; nor will it question the authority of a particular person to sign as copyright owner. However, if the capacity indi­cated in the instrument is not one that would ordinarily entitle the person to bind the organi­zation, the Copyright Office will request clari­fication before completing the processing of the document.

Examples:

1)

A document executed on behalf of a publishing company signed by an attorney purporting to represent the company will not be questioned.

2)

A transfer of copyright in a musical work executed by the publisher's bookkeeper will be questioned.

[1984]