Page:Copyright Office Compendium 3rd Edition - Full.djvu/321

, Third Edition *An application names Cotton Wilson as the author of a play and states that the author died in 2008. The “Estate of Cotton Wilson” is named as the copyright claimant. The registration specialist may register the claim, even if the applicant fails to provide a transfer statement.

620.10(D)(1)(b)&emsp;Partnerships

The U.S. Copyright Office may accept an application if it is clear that the copyright was transferred to an unincorporated partnership by operation of law, even if the does not provide a. Typically, a partnership is an unincorporated business that is owned by two or more individuals. A partnership necessarily requires a written agreement stipulating that the partners are co-owners of any property held by the partnership, and works created by one of the partners are often considered the property of the partnership as a whole. Therefore, if the applicant names an unincorporated partnership as the and it is clear that one or more of the authors is a member of the partnership, the application may be accepted even if the applicant fails to provide a transfer statement.

"Examples:


 * Jerry Bennett submits an online application for a children’s book. Jerry is named as the author of the text and Richard Bennett is named as the author of the artwork. The claimant is named as “Jerry & Richard Bennett, a partnership.” The may register the, even though no transfer statement has been provided.
 * Mary Joseph and Josephine Mansfield are named as co-authors of a musical work. The claimant is identified as “Two for the Road, a Partnership.” A statement on the phonorecord reads “Mary and Josephine Are Two for the Road.” The registration specialist may register the claim, even if a transfer statement is not provided. The statement that appears on the phonorecord may be added to the registration with an  such as: “Regarding : statement on the  reads ‘Mary and Josephine Are Two for the Road.’”"

620.10(D)(1)(c)&emsp;Community Property States

The may accept an application without a  if the author and the author’s spouse are named as co-claimants, and it is clear that the  reside in one of the following community properly states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin. In this situation, the specialist will conclude that the spouse obtained his or her interest in the copyright as community property. Chapter 600 : 189