Page:Compendium of US Copyright Office Practices (1973).pdf/485

S-129

No. 37

THE USE OF A SURNAME ONLY IN COPYRIGHT NOTICE

Generally the presence of only the surname of the copyright owner in the notice of copyright is sufficient for registra­tion purposes, unless the names of one or more other individuals with the same surname appear in a position on the copy that might mislead the public as to the identity of the copyright proprietor.

In those instances where the general practice is followed and registration is made, a cautionary letter should be sent to the applicant explaining that while registration is being made, one purpose of the copyright notice is to identify the copyright proprietor, and that the use of the surname only in the notice may be of doubtful validity.

The following hypothetical cases illustrate this general rule, and set out the practices to be followed in each case.

1.

Where the copyright notice contains only the proprietor's surname and the copies do not bear the full name of any individual with that surname placed in such a position that it might mislead the public as to the identity of the copyright proprietor, we should register the claim with a warning letter and an annotation showing that only the surname appears in the notice.

In notice:

Smith

On copy:

No full name with the surname Smith

In appl.:

Claimed by John Smith

Practice:

Register with a warning letter and an annotation showing that only the sur­name appears in the notice. Where it is necessary that we request an application, our letter should instruct the applicant to state the relationship

[1973]