Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
In preparing the affidavit, which is necessary for books only, the
applicant should be careful to note the following points, as to which
errors are commonly made. The affidavit should correspond exactly with
the application (as that with the title-page or other data in the work
itself). The affidavit cannot be made till _after_ publication and must
state the exact day of publication or the date of completion, either or
both, which last means not necessarily the completion of printing the
whole edition, but of the deposit copies. The affidavit must be taken
and signed by an individual, not by a corporation, company or firm as
such, and the affiant must state whether he is the claimant, agent of
the claimant, or printer, striking out the other designations. The name
of the printer and binder must be given in the affidavit with city and
state (but not street) address; but this means the printing and binding
establishment and not the individual type-setter or binder. If the book
is not bound but only issued in paper, the word "unbound" should be
written into the affidavit. It is necessary to give the _venue_, that
is, the county and state in which the affidavit is made, and to take the
oath before a notary or other official authorized to take such oath in
that locality (not merely a justice of the peace). The affiant's and
notary's names should be signed exactly as written into the body of the
affidavit, and the seal should correspond exactly with the name of the
official and the _venue_. The signature of the affiant and of the notary
and the seal are all necessary to validate the affidavit. The names and
other writing should be written plainly, and the affiant should make
sure to read the affidavit and compare it with the application and with
the book.
{Sidenote: Forfeiture by false affidavit}
In case of false affidavit, forfeiture of copyright is provided (sec.
17) as follows:
"That any person who, for the purpose of obtaining registration of a
claim to copyright, shall knowingly make a false affidavit as to his
having complied with the above conditions shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine of
not more than one thousand dollars, and all of his rights and privileges
under said copyright shall thereafter be forfeited."
{Sidenote: Exact compliance necessary}
Public-domain text, read in full here on John Shaqi.
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