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amended, or orders and regulations thereunder, which was not authorized by an appropriate general or special license issued by the Secretary of the Treasury, the Alien Property Custodian, the Director, Office of Alien Property, or the Attorney General, and in effect at the time such act or transaction was performed, or attempted to be performed.

(b) Nothing in this part shall be deemed to prohibit the performance of any agreement, if such action is authorized at the time performed by the terms of any general or special license issued by the Secretary of the Treasury, the Alien Property Custodian, the Director, Office of Alien Property, or the Attorney General, and in effect at the time such agreement was entered into.

[13 FR. 9512, Dec. 31, 1948, as amended at 17 F.R. 11843, Dec. 31, 1952]

Sec.

PART 510-REPORTS

510.30 Report of royalties due and payable under vested patent rights. 510.46 Report of royalties due and payable under vested interests in trademarks, commercial prints and labels.

510.70 Report of royalties due and payable under vested interests in works subject to copyright.

AUTHORITY: The provisions of this Part 510 issued under sec. 301, 55 Stat. 839; 50 U.S.C. App. 5, E.O. 9193, July 6, 1942, 7 F.R. 5205; 3 CFR, 1943 Cum. Supp., execpt as otherwise noted.

§ 510.30 Report of royalties due and payable under vested patent rights.

(a) In any case in which the Attorney General is entitled to receive royalties under a vested patent, patent application or interest in an agreement with respect to a patent or patent application, any person obligated to pay such royalties shall make payment thereof to the Office of Alien Property, Washington 25, D.C. as they become due. Payments shall be accompanied by reports on Form OAP20, in triplicate.

(b) As used in this section the terms: (1) "Royalty" shall include serial payments under a license, assignment or other agreement; and

(2) "Agreement" shall include, without limitation, any contract of purchase or sale, any contract granting a right to obtain an assignment, any agreement to use or not to use, any license held or granted, any cross-license agreement, any royalty agreement, and any agree

ment as to quantity, price, territorial restrictions or field of use. [19 F.R. 1212, Mar. 4, 1954]

§ 510.46

Report of royalties due and payable under vested interests in trade-marks, commercial prints and labels.

(a) In all cases in which the Attorney General is entitled to receive royalties by virtue of having vested an interest in a trade-mark, whether or not registered in the United States Patent Office, or in any commercial print or label, or right thereunder, or an interest in an agreement with respect to a registered or unregistered trade-mark, commercial print or label, persons obligated to pay such royalties shall make payments thereof to the Office of Alien Property, Washington 25, D.C. Payments shall be accompanied by reports on Form APC-51, in duplicate. Royalties shall be paid within ten days after the date they become due and payable. In making payments:

(1) Federal withholding taxes on such royalties shall not be paid by reporter to the Director of Internal Revenue and the amounts oridinarily withheld for such purposes shall be included in payments to the Office of Alien Property.

(2) Charges specifically authorized by the agreement under which the royalties are payable may be deducted by the reporter. Charges which are incurred subsequent to vesting and which are not specifically authorized by the agreement shall not be deducted unless approved by or for the Director, Office of Alien Property, in writing.

(b) For the purposes of this section the terms:

(1) "Person" shall mean any individual, partnership, association, enterprise, joint-stock company, trust, corporation or any other organization or body politic;

(2) "Interest" shall mean ownership, part ownership, or claim of ownership, in whole or in part, of any trade-mark registration or application for registration thereof, and of any copyright or claim of copyright in any commercial print or label, and any right, license, privilege or property in or to such trademark, commercial print or label, and any right, title and interest in, to or under any contract or any other instrument, and any royalty, share of profits, license fees or other emolument or compensation reserved with respect thereto. Such interest shall also include, without limitation, any interest as described in this

subparagraph which is held or claimed as trustee, agent, representative or nominal proprietor.

(3) "Trade-mark" shall mean any trade-mark, trade name, commercial name, service mark, association mark, collective mark or certification mark, whether a word, name, symbol or device, or combination thereof, used or adapted to be used by any person or persons in connection with the manufacture, sale or offering for sale of goods, wares, merchandise or services, to identify the source or origin thereof and to distinguish such goods, wares, merchandise and services from those of others.

(4) "Print" shall mean any artistic work subject to copyright under the laws of the United States with or without accompanying text matter, published in a periodical or separately, used in connection with the sale or advertisement of an article or articles of merchandise.

(5) "Label" shall mean any artistic and/or literary work subject to copyright under the laws of the United States impressed or stamped directly upon the article of merchandise or upon a piece of paper or other material to be attached in any manner to articles of merchandise or to bottles, boxes or other containers thereof, to indicate the nature of the goods.

(6) "Royalties" shall include, without limitation, fees, serial or other payments, shares or profits and any and all other emoluments or compensation.

(7) "Agreement" shall include, without limitation, any contract of purchase or sale, any contract granting the right to obtain an assignment, any agreement to use or not to use, any license held or granted any cross-license agreement, any royalty agreement, and any agreement as to quantity, price, territorial restrictions or field of use with respect to any trade-mark, commercial print or label.

[13 F. R. 9516, Dec. 31, 1948, as amended at 19 F. R. 1212, Mar. 4, 1954]

§ 510.70 Report of royalties due and payable under vested interests in works subject to copyright.

(a) In all cases in which the Attorney General is entitled to receive royalties by virtue of having vested an interest in a work subject to copyright, persons obliged to pay such royalties shall make payments thereof to the Office of Alien Property, Washington 25, D.C. Payments shall be accompanied by reports

on Form APC-46, in duplicate. Royalties shall be paid within ten days after the date they become due and payable. In making payments:

(1) Federal withholding taxes on such royalties shall not be paid by reporter to the Director of Internal Revenue and the amounts ordinarily withheld for such purposes shall be included in the payments to the Office of Alien Property.

(2) Commissions and other charges may be deducted if authorized by the agreements under which the royalties are payable. Charges which are incurred subsequent to vesting and which are not authorized by the agreements shall not be deducted unless approved by or for the Director, Office of Alien Property, in writing.

(b) For the purposes of this section: (1) "Person" shall mean any individual, partnership, association or corporation.

(2) "Interest" in a work subject to copyright shall mean: Ownership, part ownership, or claim of ownership, in whole or in part, of any subsisting copyright or claim of copyright, and any right, license, privilege, or property in or to or with respect to such work; and any right, title or interest in, to or under any contract or other instrument, and any royalty, share of profits, license fees, or other emolument or compensation reserved with respect thereto. Such interest shall also include, but not by way of limitation, any interest as described in this subparagraph which is held or claimed as trustee, agent, representative or nominal proprietor.

(3) "Work subject to copyright" shall mean: All the writings of an author within the meaning of the Copyright Act including, but not by way of limitation, literary, artistic, dramatic, musical and dramatico-musical compositions, and any and all versions, adaptations, arrangements, transcriptions, translations, and recordings thereof, whether or not copyright has been obtained thereon in the United States: Provided, however, That such term shall not include commercial prints and labels.

(4) "Royalties" shall be deemed to include, but not by way of limitation, fees, serial or other payments, shares of profits, and any and all other emoluments or compensation.

[13 F.R. 9518, Dec. 31, 1948, as amended at 17 F.R. 11785, Dec. 30, 1952; 19 F.R. 1213, Mar. 4, 1954]

FINDING AIDS

A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually.

Table of CFR Titles and Chapters

Alphabetical List of CFR Subtitles and Chapters
List of CFR Sections Affected

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II Federal Claims Collection Standards (General Accounting Office-Department of Justice)

III Cost Accounting Standards Board

Title 5-Administrative Personnel

I Civil Service Commission

III Office of Management and Budget

V International Organizations Employees Loyalty Board
VI Department of Defense

VII Advisory Commission on Intergovernmental Relations
IX Appalachian Regional Commission

X National Capital Housing Authority

XI United States Soldiers' and Airmen's Home

XII District of Columbia Redevelopment Land Agency

National Commission on Product Safety

XIV Federal Labor Relations Council and Federal Service Impasses

Panel

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