1300-20
1316
Renewal claimants: next of kin. (cont'd)
1316.01
Definition. (cont'd)
1)
(cont'd)
will register the claim of any blood relative as "next of kin," regardless of the degree of consanguinity.
Example:
Where an author had two brothers, one of whom died leaving two sons, it is unclear whether the nephews may claim renewal equally with the surviving brother.
2)
The statement of the basis of claim on the renewal application must not consist solely of a statement of relationship, e.g. sister, mother, niece, etc. The claim itself should be stated as "next of kin of the deceased author, there being no will," although kinship may be specified parenthetically.
3)
Statements such as "heirs" or "representatives of heirs" are not acceptable either as claimants or as bases of claim.
1316.02
Will but no executor. If the author left a will, but no executor exists at the time for renewal, the proper renewal claimant is unclear.
1)
However, on the basis of judicial authority, the Copyright Office will accept a claim in the names of the next of kin, except in the situation noted in paragraph 3(c) below.
2)
If it is unclear whether executors still exist, registration may be made in the names of both the executors and the next of kin on separate applications and for separate fees.
Example:
The executor himself is unsure whether or not he was actually discharged.
[1984]
