12-21
Ch. 12
12.3.8
12.3.8
12.3.8
Other formal requirements.(cont'd)
I.
Freedom from obvious errors.(cont'd)
e.
(cont'd)
Examples:
(1)
"Great Russiand Short Novels"
(2)
"Macame du Barry"
II.
Date of execution.
a.
The document to be recorded need not bear a date although, if it does state a date of execution, this information will be transcribed on the index cards,
b.
While the law provides consequences for failure to record an assignment within three months of its execution (or six months if executed abroad), the Copyright Office will record a document at any time after its execution. However, if the specified recording period is nearing expiration, the Copyright Office may point out the statutory provisions when further correspondence is necessary.
III.
Consular certificate of acknowledgment.
a.
Section 29 of Title 17 provides
"Every assignment of copyright executed in a foreign country shall be acknowledged by the assignor before a consular officer or secretary of legation of the United states authorised by law to administer oaths or perform notarial acts. The certificate of such acknowledgment under the hand and official seal of such consular officer or secretary of legation shall be prima facie evidence of the execution of the instrument."
b.
If a document appears to be an assignment which has been executed abroad, and which does not contain a consular certificate of acknowledgment of the assignor's signature, the document will be