Ch. 6
6.2.2
6.2.2
6-14.
6.2.3
Affidavit.(cont'd)
II.
As evidence of U. S. manufacture.
a.
A properly completed affidavit showing compliance with the requirements of U. S. manufacture will usually be accepted as establishing such compliance. But if the Office has other information (e.g., from the transmittal letter, or from a brochure accompanying the deposit copies, or from the imprint in the book) indicating that the book was actually manufactured abroad, the accuracy of the affidavit may be questioned.
b.
If the affidavit or other information shows definitely that the requirements of American manufacture have not been complied with, an application on Form A (for a book subject to the manufacturing clause) must be rejected. But in an appropriate case the Office may then suggest ad interim registration (see Chap. 8).
For example: the affidavit and imprint show that the book was printed in Canada.III.
Form of affidavit.
a.
The Office will generally require use of the affidavit form on the back of Application Form A. However, in exceptional cases a separate affidavit
containing the required data may be accepted, in which case the application will be annotated to refer to the affidavit.b.
An incomplete affidavit not signed or notarized will generally be returned to the applicant for completion. If an incomplete affidavit has been signed or notarized, a new affidavit is requested.
IV.
Content. The affidavit form on page 2 of Form A calls for a sworn statement or affirmation of the following facts (17 U.S.C. § 17):
a.
Either that (1) the deposit copies were printed in the U. S. from type set, plates made from type set, or by other process performed in the U. S. or (2) that the text was produced by lithographic or photoengraving process wholly performed in the U. S.
(Note: If the book is mimeographed or typewritten, the form of affidavit on Application Form A may
be revised to state that the copies were "produced" or "mimeographed" or "typed") in the U. S.)