registrable under copyright law, the applicant may substitute copies when legally permissible and which conform to the requirements of said law.** 9.25 Definite instructions. In every amendment the exact word or words to be stricken out or inserted must be specified, and the precise point indicated where the erasure or insertion is to be made. All such amendments must be on sheets of paper separate from the papers previously filed and written on but one side of the paper.*† 9.26 Jurisdiction after allowance. After allowance, the examiner will exercise jurisdiction over an application only by special authority from the Commissioner. Amendments may be made after the allowance of an application on the recommendation of the examiner, approved by the Commissioner, without withdrawing the case from issue.*+ 9.27 Copies furnished on usual terms. After the completion of the application the office will not return the papers for any purpose whatever. If the applicant has not preserved copies of the papers which he wishes to amend, the office will furnish them on the usual terms.** SUBJECT MATTER OF APPLICATION 9.28 Definition of "print." The word "print," as used in section 3 of the Copyright Act (18 Stat. 79; 17 U.S.C. 63), so far as it relates to registration in the Patent Office, is defined as an artistic and intellectual production designed to be used for an article of manufacture and in some fashion pertaining thereto, but not borne by it; such, for instance, as an advertisement thereof.*t 9.29 Definition of "label." The word "label," as used in this Act, so far as it relates to registration in the Patent Office, is defined as an artistic and intellectual production impressed or stamped directly upon the article of manufacture or upon a slip or piece of paper or other material to be attached in any manner to manufactured articles or to bottles, boxes, and packages containing them, to indicate the article of manufacture.** 9.30 Registration of prints and labels. No print or label can be registered unless it properly belongs to an article of manufacture and is descriptive thereof and is as above defined.*t APPEALS 9.31 Adverse decisions reviewed by Commissioner. An adverse decision by the examiner who has charge of the registration of prints and labels, upon an applicant's right to have a print or label registered, will be reviewed by the Commissioner in person, on appeal, without fee.*t ISSUE, DATE, AND DURATION OF CERTIFICATE 9.32 Issuance. When the requirements of the law and of the rules in this part have been complied with and the office has ad Page 78 **For statutory and source citations, see note to § 9.1. judged a print or label registrable, a certificate will be issued, signed by the Commissioner of Patents under the seal of the Patent Office.*+ 9.33 Duration. A certificate of registration shall remain in force for 28 years from the date of first publication.** 9.34 Renewal. The certificate may be continued for a further term of 28 years upon filing and registering a second application within 1 year prior to the expiration of the term of the original certificate, on payment of the renewal fee of $6, and complying with all other regulations of the statute (35 Stat. 1075; 17 U.S.C. 1–62).*† ASSIGNMENTS 9.35 Requisites and form. Prints and labels are assignable in law by an instrument in writing signed by the proprietor. This should state the names of the assignee and assignor, the title of the print or label assigned, the date of filing the application, or, if registered, the date and number of the certificate, and should be dated.*† 9.36 Payment of fee. After a print or label has been registered, copies thereof may be furnished, when authorized by the Commissioner, upon the payment of the fee.*t 9.37 Official Gazette. The Official Gazette of the Patent Office will contain a list of all the prints and labels registered, with the name and address of the registrant in each case, the title of the print or label, and a statement of the particular goods to which it is to be applied, together with the date of filing the application.** 9.38 Schedule. FEES On filing an application for registration of a print or label.. For each additional 2 pages or less-- For recording every assignment, power of attorney, or other paper not exceeding 6 pages.. For manuscript copies of records, for every 100 words or fraction thereof.. $6.00 . 10 .50 3.00 For each additional trade-mark or application involved in one writing where more than one is so included or involved, additional___. For abstracts of title: 1.00 .50 3.00 For the search, 1 hour or less, and certificate___. Each additional hour or fraction thereof__ 1. 50 For each brief from the digest of assignments of 200 words or less- .50 9.39 Payable to Commissioner. The fee for registration of a print or label is to be paid to the Commissioner of Patents. All **For statutory and source citations, see note to § 9.1. Page 79 money orders and checks should be made payable to the "Commissioner of Patents."*t 9.40 Payments in specie, money orders, etc. All money sent by mail, either to or from the Patent Office, will be at the risk of the sender. All payments to the office must be made in specie, Treasury notes, national-bank notes, certified checks, or money orders.** 9.41 Return of fee. Upon refusal of the Commissioner to register the print or label, and on application by the applicant, or his duly authorized agent, the fee may be returned.*+ NOTICE OF COPYRIGHT 9.42 Infringement. It is necessary, in order to maintain an action for infringement of a copyright, that the claim of copyright be printed on each copy of the article protected. The wording of the notice is determined by the copyright statute, section 18 (35 Stat. 1079; 17 U.S.C. 18). Prior to filing the application for copyright the article must be originally published with the statutory notice of copyright.*t NOTE: For forms to be used in preparing applications, see pages 9 to 11, Registration of Prints and Labels, Commissioner of Patents, September 1, 1936. Page 80 *For statutory and source citations, see note to § 9.1. Part CHAPTER II-COPYRIGHT OFFICE LIBRARY OF CONGRESS Part 201 Registration of claims to copy- 202 Proclamation copyright relations. right Bureau of Customs, Department of the Treasury, regulations concerning copyrights: See Customs Duties, 19 CFR 9.17-9.20. Section 201.1 Method of securing copyright. Copyright under the Act of Congress entitled: "An Act to amend and consolidate the Acts respecting copyright," approved March 4, 1909 (35 Stat. 1075; 17 U.S.C. 1-62), is ordinarily secured by printing and publishing a copyrightable work with a notice of claim in the form prescribed by the statute. Registration can be made after such publication, but the statute expressly provides, in certain cases, for registration of manuscript works. [Sec. 1] *88 201.1 to 201.25, inclusive, issued under the authority contained in sec. 53, 35 Stat. 1085; 17 U.S.C. 53. The source of §§ 201.1 to 201.25, inclusive, (except for amendments noted in the text,) is Rules and regulations for the registration of claims to copyright, Library of Congress, Nov. 1926. Page 1 201.2 Who may secure copyright. The persons entitled by the Act to copyright protection for their works are: (a) The author of the work if he is: (1) A citizen of the United States, or (2) An alien author domiciled in the United States at the time of the first publication of his work, or (3) A citizen or subject of any country which grants either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens. The existence of reciprocal copyright conditions is determined by presidential proclamation. (b) The proprietor of a work. The word "proprietor" is here used to indicate a person who derives his title to the work from the author. If the author of the work should be a person who could not himself claim the benefit of the Copyright Act, the proprietor can not claim it. (c) The executors, administrators, or assigns of the abovementioned author or proprietor.*+ [Sec. 2] 201.3 Registration. Promptly after the publication of any work entitled to copyright, the claimant of copyright should register his claim in the Copyright Office. An action for infringement of copyright can not be maintained in court until the provisions with respect to the deposit of copies and registration of such work shall have been complied with. A certificate of registration is issued to the claimant and duplicates thereof may be obtained on payment of the statutory fee of $1.** [Sec. 3, as amended May 17, 1938] 201.4 Subject matter of copyright. (a) The Act provides that no copyright shall subsist in the original text of any work published prior to July 1, 1909, which has not been already copyrighted in the United States, "or in any publication of the United States Government, or any reprint, in whole or in part, thereof" (Sec. 7, 35 Stat. 1077; 17 U.S.C. 7). (b) Section 5 of the Act (35 Stat. 1076; 17 U.S.C. 5) names the thirteen classes of works for which copyright may be secured, as follows: (1) Books. This term includes "composite and cyclopaedic works, directories, gazetteers, and other compilations." and, generally, all printed literary works (except dramatic compositions), whether published in the ordinary shape of a book or pamphlet, or printed as a leaflet, card, or single page. The term "book" as used in the law includes tabulated forms of information, frequently called charts; tables of figures showing the results of mathematical computations, such as logarithmic tables; interest, cost, and wage tables, etc.; single poems, and the words of a song when printed and published without music; descriptions of motion pictures or spectacles; catalogues; circulars or folders containing information in the form of reading matter, and literary contributions to periodicals or newspapers. The term "book" can not be applied to blank books for use in business or in carrying out any system of transacting affairs, such as Page 2 **For statutory and source citations, see note to § 201.1. |