12-14
Ch. 12
12.3.3
12.3.3
12.3.3
"Signed by the proprietor of the copyright,"
II.
Apparent inconsistency.(cont'd)
b.
If the document has been signed by a legal representative (executor, administrator, trustee, etc.) or attorney-in-fact of an individual, the document will be questioned unless the individual's capacity is specifically stated.
c.
Where there is a reconcilable variance between the signature and the assignor given in the body of the document, the instrument will generally be indexed under the form of the name appearing in the signature.
1.
The document will generally not be indexed under the name of an agent or official of a corporation or other impersonal legal entity, although cross-reference cards under his name may be appropriate in certain cases.
2.
Where the document has been signed by a legal representative or attorney-in-fact, it will be indexed under the name of the person Whom the signer represents, and cross-reference cards may be made under the name of the signer.
d.
As long as the capacity of the individual signer is stated or indicated, his legal authority to sign on behalf of the copyright proprietor will not be questioned.
III
Authority to sign. The Copyright Office will not conduct searches in order to determine whether a document has been signed by the copyright proprietor as shown in its records, nor will it question the authority of a particular person to sign as copyright Proprietor.
a.
In certain cases, where it seems clear from correspondence or other material in the file that the person signing the document is not the copyright proprietor, the Copyright Office may call the discrepancy to the attention of the sender, but will not refuse to record the document if requested.
