S-131
4.
Where the copyright notice contains only the proprietor's surname and his full name appears on the copies, but the full name of another individual with the same surname who is not included as a copyright proprietor on line 1 of the application also appears on the copies in such a position that it might mislead the public as to the identity of the copyright proprietor, we should correspond to ascertain whether the name of the other individual is entitled to be listed on line 1 of the application as a copyright proprietor. If the correspondence reveals that the other individual is also entitled to claim copyright in the work, a new application should be requested with the appropriate explanatory statement given on line 1. In the event the other individual whose name appears on the copy is not entitled to claim copyright in the work, with the exception of works falling in Classes F-K, registration must be refused on the ground that use of the surname alone in the notice under these circumstances fails to adequately identify the copy right proprietor. Registration with a warning letter may be made under these circumstances for works falling in Classes F-K.
In notice:
Smith
On copy:
Jean Smith and John Smith
In appl.
Claimed by John Smith
Practice:
Correspond to ascertain whether Jean Smith is also entitled to claim copy right in the work, in which case a new application should be filed with the statement "Smith, surname of John Smith and Jean Smith" appearing on line 1. If correspondence reveals that "Jean Smith" is not entitled to claim copy right in the work, registration must be refused in classes other than F-K on the ground that use of the surname alone in the notice under these circumstances fails to adequately identify the copyright proprietor. If the work falls in Classes F-K and correspondence has revealed that "Jean Smith" is not entitled to claim copyright in the work,registration should be made with a warning letter.
[1973]
