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The rule of doubt has never been codified in any version of the Copyright Act, and no court has ruled on its application. It was created by the Copyright Office, which has historically interpreted its responsibilities as permitting discretionary registration in cases of doubt. Herbert A. Howell, former Assistant Register of Copyrights, describing the “rule of doubt,” wrote in 1942 that notwithstanding a probable loss of copyright due to failure to satisfy certain complex technical requirements then in effect, “the Copyright Office has always been inclined to give the author the benefit of the doubt, if there be any, and make registration for whatever it may be worth.” The Compendium of Copyright Office Practices II directs examiners to register claims in certain factual and legal situation

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