Page:Copyright Office Compendium 3rd Edition - Full.djvu/1129

, Third Edition • A signature consisting of initials or a monogram.

• A photocopy, facsimile, or other reproduction of a signature that is not accompanied by a sworn certification or an official certification concerning the authenticity of the signed document.

2309.10(B) Date of Execution

When signing a transfer or other document pertaining to copyright, parties are encouraged to provide the month, day, and year that the document was executed. As discussed in Sections 2309.3(B) and 2309.3(C), recordation may establish priority in the event of a conflicting transfer involving a particular work, depending on the date that the document was executed and recorded with the U.S. Copyright Office.

If the document specifies the precise month, day, and year that it was executed, then as discussed in Section 2306.6, the recordation specialist will include that information in the online public record. If the date of execution appears to be incomplete, the specialist will include whatever month, day, and/or year that is specified in the document.

If the document does not specify a date of execution, the specialist will record the document with an annotation, such as: "No date given."

2309.10(C) Photocopies or Other Reproductions of a Signed Document

The Office may record a legible photocopy or other legible facsimile reproduction of a signed document, provided that the remitter submits a sworn certification or an official certification stating that the reproduction is a true copy of the signed document.

These options are discussed in Sections 2309.10(C)(1) through 2309.10(C)(4) below.

2309.10(C)(1) What Is a Sworn Certification?

A sworn certification is defined as:

• "An affidavit under the official seal of any officer authorized to administer oaths within the United States, or"

• "[I]f the original is located outside of the United States, [an affidavit] under the official seal of any diplomatic or consular officer of the United States or of a person authorized to administer oaths whose authority is proved by the certificate of such an officer, or"

• "A statement in accordance with section 1746 of title 28 of the United States Code." 37C.F.R.§201.4(a)(3)(i).

2309.10(C)(2) Requirements for a Sworn Certification

As a general rule, a sworn certification may be used to verify that a photocopy or other reproduction of a signed document is a true copy of the original.

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