4-13
Ch. 4.
4.2.3
4.2.3
4.2.3
Name of Claimant.(cont'd)
I.
Identity of claimant.(cont'd)
c.
Deceased person.(cont'd)
3
Any case in which the person named in the notice died more than three months before the date of publication will be considered individually on its special facts. Registration (in the name of the estate or of the executor or administrator) may be made in some instances where the use of the deceased's name in a work published more than three months after his death is explained by special circumstances; for example: where the work was sent to the printer before the death occurred and a subsequent change in the notice would not have been feasible, or where the publisher was not informed of the death until after or very shortly before the date of publication.
d.
Estate, executor, or admnistrator. A notice in the name of the estate of a deceased person, or in the name of the executor or administrator of an estate as such, may be accepted for registration in the same
name (e.g., "Estate of John Doe," or "James Smith, Executor of Estate of John Doe"). If the application gives only the name of the executor or administrator without designating him as such (merely "James Smith"), the application will be annotated to show the full form given in the notice.e.
Wrong client. Where the Office is advised that the wrong person is named in the notice (e .g., the printer's name inserted by mistake), an application in the name given in the notice may be accepted with a cautionary letter, if there is some indication that use of the name in the notice was a good faith error, or if tacit authorization may be implied. An application in the name of the rightful claimant not given in the notice will not be accepted. For practices with respect to works first published abroad, see topic 8.2.2.11.
f.
Trustee. Where the notice is in the name of a trustee (e.g., "John Doe, Trustee," or "John Doe, Trustee for James Smith," or "John Doe for the benefit of James Smith"):
