12-13
Ch. 12
12.3.3
12.3.3
12.3.3
"Signed by the proprietor of the copyright."(cont'd)
I.
Handwritten signature of transferor.(cont'd)
b.
If the signature of one of the parties to a two party agreement is missing, the lack of the signature will be questioned.
c.
If several assignors are identified in the body of the document, and spaces have been
provided for all their signatures, the document will be questioned if any of the signatures are missing, unless an additional copy of the document containing the missing signatures is submitted for recordation at the same time. With respect to assignors, each such document is indexed only under the particular signatures it contains.d.
The signature of the assignee is not a requirement, and lack of the assignee's signature will not be questioned unless the instrument involves mutual undertakings requiring the assignee's signature for its validity.
II.
Apparent inconsistency. When there is an apparent inconsistency between the person named as assignor in the body of an instrument and the person whose signature appears on it, the document is questioned.
a.
If the assignor is a corporation or other impersonal legal entity, the capacity of the individual executing the document on behalf of the assignor should be specified.
1.
If the assignor is a corporation, the document will be questioned unless the individual's capacity is specifically stated, but use of the corporate seal on the document is not required.
2.
If the assignor is an impersonal legal entity other than a corporation, the specific capacity should be stated (e.g., THE JEJUNE PUBLISHING CO., P.N. Grata, President). The capacity is not required, however, if it is clear from the document that the individual is signing on behalf of the assignor (e.g., THE DEPLORABLE MUSIC CO., By Mary Hurrah).
