Ch. 4
4.2.3
4.2.3
4-12
4.2.3
Name of claimant(cont'd)
I.
Identity of claimant(cont'd)
b.
Identity by reference. A notice reading "Copyright 1960 by author" or "by the publisher" may be accepted if the author or publisher is named and identified as such in some position where it will be readily seen. The claim will ordinarily be rejected where more :than one author is named on the work, or where for other reasons the identity of the copyright owner is ambiguous or unclear.
c.
Deceased person.
1.
If the person named in the notice died after the work was published, registration should be made in his name.
2.
When the Office has knowledge that the person named in the notice died within three months before the work was published:
(a)
An application in the name of the estate of the deceased, or in the name of the executor or administrator of his estate as such, may be accepted. Thus, any of the following would be acceptable.
Examples:
(1)
The Estate of A
(2)
The Estate of A, by B, Executor (or Administrator)
(3)
B, Executor (or Administrator) of the Estate of A
(b)
An application in the name of the deceased, or in the name of the publisher, will be rejected. In such cases the possibility of registration in the name of the estate, or of the executor or administrator as such, will be suggested.
(c)
When an application is received in the name of a person claiming as the widow or heir of the deceased, the Office will suggest that a new application be submitted in the name of the appropriate legal representative, pointing out, however, that if no administration of the estate has been or will be had, the application may be filed in the name of the estate.
