Ch. 5
5.35
5.35
5-16
5.3.4
Notice in copies.(cont'd)
I.
Works first published in the United States.(cont'd)
a.
If such copies do not bear an appropriate notice, the application will be rejected.
1.
But if there is reason to doubt that the work has been published, the Office may advise the applicant as to publication and the appropriate notice to use if not yet published.
b.
The notice in the deposit copies must be such as presumably appeared in all copies of the published edition. The Office may question, for example, a handwritten notice in the deposit copies of a printed book or a type written notice on a contribution to a printed periodical.
1.
But it will be assumed that a handwritten or typewritten notice on the deposit copies
appeared on all published copies wherever that assumption is plausible; for example, on a mimeographed work or on any work of which only a few copies were published.II.
Works first published abroad. (See topic 8.2.1)
a.
With the exception of works seeking ad interim registration, the copies of works deposited for registration following publication abroad after June 18, 1959 must bear a notice of copyright in the required form and position.
b.
For works by foreign authors published abroad before June 18, 1959, the deposit copies may be accepted even if they do not bear an adequate copyright notice but a warning letter will be sent in such cases.
III.
Unpublished works. The deposit copies of unpublished works need not bear a copyright notice. If an unpublished work bears a notice which would be faulty if used on the work when published, the work may be registered but we will send a cautionary letter.
5.3.5
Domestic manufacture. The deposit copies of a work subject to the manufacturing clause must have been produced in the United States; and the deposit copies of a book subject to the manufacturing clause must be accompanied by an appropriate affidavit of their domestic production. (17 U.S.C. §§ 16 and 17; see also Chapter 6.)
