  Title: Supplementary Copyright Statutes Author: Library of Congress. Copyright Office. Language: English Produced by George Davis Supplemental Copyright Information As Published by The United States Copyright Office (USCO) a. Circular 3: Copyright Notice b. Circular 15: Renewal of Copyright c. Circular 15t: Extension of Copyright Terms d. Circular 22: Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA) e. WIPO Copyright Treaty ***** United States Copyright Office Circular 3 Copyright Notice ======================================================================== INTRODUCTIONThe use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works. This circular discusses both the copyright notice provisions as originally enacted in the 1976 Copyright Act (title 17, U.S. Code), which took effect January 1, 1978, and the effect of the 1988 Berne Convention Implementation Act, which amended the copyright law to make the use of a copyright notice optional on copies of *works published on and after March 1, 1989*. Specifications for the proper form and placement of the notice are described in this circular. Works published before January 1, 1978, are governed by the previous copyright law. Under that law, if a work was published under the copyright owner's authority without a proper notice of copyright, all copyright protection for that work was permanently lost in the United States. The Uruguay Round Agreements Act of 1994 (URAA) (PL 103-465) modified the effect of publication without notice for certain foreign works. Under this Act, copyright is automatically restored, effective January 1, 1996, for certain foreign works placed into the public domain because of lack of proper notice or noncompliance with other legal requirements. Although restoration is automatic, if the copyright owner wishes to enforce rights against reliance parties (those who, relying on the public domain status of a work, were already using the work before the URAA was enacted), he/she must either file with the Copyright Office a Notice of Intent to Enforce the restored copyright or serve such a notice on the reliance party. For more information about the copyright notice under the law in effect before January 1, 1978, request Circular 96 Section 202.2, "Copyright Notice", from the Copyright Office. For more information about restoration of copyright under the URAA, request Circular 38b, "Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA)." —————————————- USE OF THE COPYRIGHT NOTICE —————————————- Copyright is a form of protection provided by the laws of the United States to authors of "original works of authorship." When a work is published under the authority of the copyright owner (see definition of "publication" below), a notice of copyright may be placed on all publicly distributed copies or phonorecords. The use of the notice is the responsibility of the copyright owner and does not require permission from, or registration with, the Copyright Office. Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper notice, the court will not *give any weight to a defendant's interposition of an innocent infringement defense*—that is, that he or she did not realize that the work was protected. An innocent infringement defense may result in a reduction in damages that the copyright owner would otherwise receive. For works first published on and after March 1, 1989, use of the copyright notice is optional. Before March 1, 1989, the use of the notice was mandatory on all published works. Omitting the notice on any work first published before that date could result in the loss of copyright protection if corrective steps are not taken within a certain amount of time. The curative steps are described in this circular under "Omission of Notice and Errors in Notice." The Copyright Office does not take a position on whether reprints of works first published with notice before March 1, 1989, which are distributed on or after March 1, 1989, must bear the copyright notice. WHAT IS PUBLICATION?The 1976 Copyright Act defines publication as "the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending." An offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display also constitutes publication. The following do not constitute publication: printing or other reproduction of copies, performing or displaying a work publicly, or sending copies to the Copyright Office. COPYRIGHT NOTICE NOT REQUIRED ON UNPUBLISHED WORKSThe copyright notice has never been required on unpublished works. However, because the dividing line between a preliminary distribution and actual publication is sometimes difficult to determine, the copyright owner may wish to place a copyright notice on copies or phonorecords that leave his or her control to indicate that rights are claimed. An appropriate notice for an unpublished work might be: Unpublished work ———————————————————————————————————— FORM OF NOTICE ——————— The form of the copyright notice used for "visually perceptible" copies—that is, those that can be seen or read, either directly (such as books) or with the aid of a machine (such as films)—is different from the form used for phonorecords of sound recordings (such as compact disks or cassettes). VISUALLY PERCEPTIBLE COPIESThe notice for visually perceptible copies should contain three elements. They should appear together or in close proximity on the copies. The elements are: 1. *The symbol* (the letter C in a circle), or the word "Copyright", or the abbreviation "Copr."; and 2. *The year of first publication.* If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles; and 3. *The name of the owner of copyright in the work*, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. Example: (C in a circle symbol) 1999 Jane Doe The "C in a circle" notice is used only on "visually perceptible" copies. Certain kinds of works, for example, musical, dramatic, and literary works, may be fixed not in "copies" but by means of sound in an audio recording. Since audio recordings such as audio tapes and phonograph disks are "phonorecords" and not "copies", the "C in a circle" notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded. *The United States is a member of the Universal Copyright Convention (the UCC), which came into force on September 16, 1955. To guarantee protection for a copyrighted work in all UCC member countries, the notice must consist of the symbol (C in a circle symbol)(the word "Copyright" or the abbreviation are not acceptable), the year of first publication, and the name of the copyright proprietor. Example: (C in a circle symbol) 1999 John Doe. For information about international copyright relationships, request Circular 38a, "International Copyright Relations of the United States." PHONORECORDS OF SOUND RECORDINGSThe copyright notice for phonorecords embodying a sound recording is different from that for other works. Sound recordings are defined as "works that result from the fixation of a series of musical, spoken or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Copyright in a sound recording protects the particular series of sounds fixed in the recording against unauthorized reproduction, revision, and distribution. This copyright is distinct from copyright of the musical, literary, or dramatic work that may be recorded on the phonorecord. Phonorecords may be records (such as LPs and 45s), audio tapes, cassettes, or disks. The notice should contain the following three elements appearing together on the phonorecord: 1. *The symbol* (the letter P in a circle); and 2. *The year of first publication* of the sound recording; and 3. *The name of the owner of copyright* in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. If the producer of the sound recording is named on the phonorecord label or container and if no other name appears in conjunction with the notice, the producer's name shall be considered a part of the notice. Example: (P in a circle symbol) 1999 X.Y.Z. Records, Inc. ———————————————————————————————————— CONTRIBUTIONS TO COLLECTIVE WORKS A "collective work" is one in which a number of contributions that are separate and independent works in themselves are assembled into a collective whole. Examples of collective works include periodicals (such as magazines and journals), encyclopedias, and anthologies. A single copyright notice applicable to the collective work as a whole serves to indicate protection for all the contributions in the collective work, except for advertisements, regardless of the ownership of copyright in the individual contributions and whether they have been published previously. However, a separate contribution to a collective work may bear its own notice of copyright, and in some cases, it may be advantageous to utilize the separate notice. As a practical matter, a separate notice will inform the public of the identity of the owner of the contribution. For works first published before March 1, 1989, there may be additional reasons to use a separate notice. If the owner of the collective work is not the same as the owner of an individual contribution that does not bear its own notice, the contribution is considered to bear an erroneous notice. (For the effects of a notice with the wrong name, see "Error in Name" on page 5 of this circular.) Additionally, if an individual author of contributions to a periodical wishes to make a single registration for a group of contributions published within a 12-month period, each contribution must carry its own notice. For information on this type of registration, request Form GR/CP and Information Package 104. A notice for the collective work will not serve as the notice for advertisements inserted on behalf of persons other than the copyright owner of the collective work. These advertisements should each bear a separate notice in the name of the copyright owner of the advertisement. ———————————————————————— PUBLICATIONS INCORPORATING U.S. GOVERNMENT WORKS Works by the U.S. Government are not eligible for copyright protection. For works published on and after March 1, 1989, the previous notice requirement for works consisting primarily of one or more U.S. Government works has been eliminated. However, use of a notice on such a work will defeat a claim of innocent infringement as previously described *provided* the notice also includes a statement that identifies either those portions of the work in which copyright is claimed or those portions that constitute U.S. Government material. An example is: "(C in a circle symbol) 1998 Ann Doe. Copyright claimed in Chapters 7-10, exclusive of U.S. Government maps." Copies of works published before March 1, 1989, that consist primarily of one or more works of the U.S. Government should have a notice and the identifying statement. ———————————————————————————————————— POSITION OF NOTICE The copyright notice should be placed on copies or phonorecords in such a way that it gives reasonable notice of the claim of copyright. The notice should be permanently legible to an ordinary user of the work under normal conditions of use and should not be concealed from view upon reasonable examination. The Copyright Office has issued regulations, summarized below, concerning the position of the notice and methods of affixation (37 C.F.R., Part 201). To read the complete regulations, request Circular 96 Section 201.20, "Methods of Affixation and Positions of the Copyright Notice on Various Types of Works," or consult the Code of Federal Regulations in your local library. The following locations and methods of affixation are examples of appropriate position of notice. These examples are not exhaustive. Works Published in Book Form Works Published as Periodicals or Other Serials Works Published as Separate Contributions to Collective Works For a separate contribution reproduced on only one page: Works Reproduced in Machine-Readable Copies Motion Pictures and Other Audiovisual Works A notice embodied in the copies by a photomechanical or electronic Pictorial, Graphic, and Sculptural Works For works embodied in two-dimensional copies, a notice may be affixed For works on which it is impractical to affix a notice to the copies directly or by means of a durable label, a notice is acceptable if it appears on a tag or durable label attached to the copy so that it will remain with it as it passes through commerce. For works reproduced in copies consisting of sheet-like or strip ———————————————————————————————————— OMISSION OF NOTICE AND ERRORS IN NOTICE ———————————————————- The 1976 Copyright Act attempted to ameliorate the strict consequences of failure to include notice under prior law. It contained provisions that set out specific corrective steps to cure omissions or errors in notice. Under these provisions, an applicant had 5 years after publication to cure omission of notice or certain errors. Although these provisions are technically still in the law, their impact has been limited by the Berne amendment making notice optional for all works published on and after March 1, 1989. There may still be instances, such as the defense of innocent infringement, where the question of proper notice may be a factor in assessing damages in infringement actions. Omission Of Notice "Omission of notice" is publishing without a notice. In addition, some The omission of notice does not affect the copyright protection, and no 1. The notice is omitted from no more than a relatively small number of 2. The omission violated an express written requirement that the In all other cases of omission in works published before March 1, 1989, to preserve copyright: 1. The work must have been registered before it was published in any form or before the omission occurred, or it must have been registered within 5 years after the date of publication without notice; and 2. The copyright owner must have made a reasonable effort to add the notice to all copies or phonorecords that were distributed to the public in the United States after the omission was discovered. If these corrective steps were not taken, the work went into the public domain in the United States 5 years after publication. At that time all U.S. copyright protection was lost and cannot be restored. Error in Year If the copyright duration depends on the date of first publication and the year given in the notice is earlier than the actual publication date, protection may be shortened by beginning the term on the date in the notice. (For later date in the notice, see "Omission of Notice.") Example: A work made for hire is created in 1983 and is first published in 1988. However, the notice contains the earlier year of 1987. In this case, the term of copyright protection would be measured from the year in the notice, and the expiration date would be 2082, 95 years from 1987. Error in Name When the person named in the notice is not the owner of copyright, the error may be corrected by: 1. Registering the work in the name of the true owner; *or* 2. Recording a document in the Copyright Office executed by the person named in the notice that shows the correct ownership. Otherwise, anyone who innocently infringes the copyright and can prove that he or she was misled by the notice and obtained a transfer or license from the person named in the notice may have a complete defense against the infringement. ———————————————————————————————————— MANDATORY DEPOSIT All works under copyright protection and published in the United Works first published *before* March 1, 1989, are subject to mandatory deposit if they were published in the United States with notice of copyright. In general, within 3 months of publication in the United States, the owner of copyright or of the exclusive right of publication must deposit two copies (or, in the case of sound recordings, two phonorecords) of the work in the Copyright Office for the use or disposition of the Library of Congress. The Copyright Office has issued regulations exempting certain categories of works entirely from the mandatory de-posit requirements and reducing the obligation for other categories. If copyright registration is sought, the same deposit may be used for the mandatory deposit and for registration. For further information about mandatory deposit, request Circular 7d, "Mandatory Deposit of Copies or Phonorecords for the Library of Congress." ———————————————————————————————————— FOR MORE INFORMATION Information via the Internet: Frequently requested circulars, announcements, regulations, other related materials, and all copyright application forms are available via the Internet. You may access these via the Copyright Office homepage at [http://www.loc.gov/copyright]. Information by Fax: Circulars and other information (but not application forms) are available from Fax-on-Demand at (202) 707-2600. Information by telephone: For information about copyright, call the Public Information Office at (202) 707-3000. The TTY number is (202) 707-6737. Information specialists are on duty in the Public Information Office from 8:30 a.m. to 5:00 p.m. eastern time, Monday through Friday, except federal holidays. Recorded information is available 24 hours a day. Or, if you know which application forms and circulars you want, request them from the Forms and Publications Hotline at (202) 707-9100 24 hours a day. Leave a recorded message. Information by regular mail: Library of Congress ————————————————————————————————————— REV: June 1999 Format Note: This electronic version has been altered slightly from the original printed text for presentation on the World Wide Web. For a copy of the original circular, consult the pdf version or write to Copyright Office, 101 Independence Avenue S.E., Washington, D.C. 20559-6000. ————————————————————————————————————— 04/04/2000 ***** United States Copyright Office Circular 15 Renewal of Copyright ======================================================================== ————————————————————————————————————- IMPORTANT: + Public Law 102-307, enacted on June 26, 1992, amended the copyright law to make renewal automatic and renewal registration optional for works originally copyrighted between January 1, 1964, and December 31, 1977. + While this amendment to the current law makes renewal registration optional for works copyrighted between January 1, 1964, and December 31, 1977, there are a number of incentives that encourage the filing of a renewal application, especially during the 28th year of the copyright term. + Public Law 105-298, enacted on October 27, 1998, amended the copyright law to add 20 years to the copyright term. ————————————————————————————————————- ————————— THE RENEWAL SYSTEM ————————— Under the 1909 copyright law, works copyrighted in the United States before January 1, 1978, were subject to a renewal system in which the term of copyright was divided into two consecutive terms. Renewal registration, within strict time limits, was required as a condition of securing the second term and extending the copyright to its maximum length. On January 1, 1978, the current copyright law (title 17 of the United States Code) came into effect in the United States. This law retained the renewal system for works that were copyrighted before 1978 and were still in their first terms on January 1, 1978. For these works the statute provides for a first term of copyright protection lasting for 28 years, with the possibility for a second term of 47 years. The 1992 amending legislation automatically secures this second term for works copyrighted between January 1, 1964, and December 31, 1977. + If a copyright originally secured before January 1, 1964, was not ——————————————————————————————————— THE EFFECT OF THE 1992 AND THE 1998 AMENDMENTS ON RENEWAL OF COPYRIGHT ——————————————————————————————————— + WORKS COPYRIGHTED BETWEEN JANUARY 1, 1964, AND DECEMBER 31, 1977, are affected by P.L. 102-307, which automatically secured the second term and made renewal registration optional, and by Public Law 105-298, which added an additional 20 years to the second term of copyright for these works. The term of copyright in works copyrighted between January 1, 1964, and December 31, 1977, is now 95 years. There is no requirement to register a renewal in order to extend the original 28- year copyright term to the full term of 95 years. Although the renewal term is secured automatically, the Copyright Office does not issue a renewal certificate for these works unless a renewal application and fee are received and registered in the Copyright Office. The benefits to making a renewal registration during the 28th year of the original term of copyright are: 1. The renewal copyright vests in the name of the renewal claimant on the effective date of the renewal registration. For example, if a renewal registration is made in the 28th year and the renewal claimant dies following the renewal registration but before the end of the year, the renewal copyright is secured on behalf of that renewal claimant and the 67 years of renewal copyright become a part of that individual's estate. NOTE: If the renewal registration is not made in the 28th year, the renewal copyright will vest on the first day of the renewal term in the party entitled to claim renewal as of December 31 of the 28th year. 2. The Copyright Office issues a renewal certificate, which constitutes prima facie evidence as to the validity of the copyright during the renewed and extended term and of the facts stated in the certificate. 3. The right to use the derivative work in the extended term may be affected. For example, if an author dies before the 28th year of the original term and a statutory renewal claimant registers a renewal within the 28th year, that claimant can terminate an assignment made by the deceased author authorizing the exploitation of a derivative work. If a renewal is not made during the 28th year, a derivative work created during the first term of copyright under a prior grant can continue to be used according to the terms of the grant. Thus, an author or other renewal claimant loses the right to object to the continued use of the derivative work during the second term by failing to make a timely renewal, but any terms in the prior grant concerning payment or use, e.g., a royalty, must continue to be honored. This exception does not apply to a new derivative work, which can only be prepared with the consent of the author or other renewal claimant. A renewal registration made after the 28th year will not confer the benefits mentioned above but will confer other benefits denied to unregistered works. For example, renewal registration establishes a public record of copyright ownership in a work at the time that the renewal was registered. The courts have discretion to determine the evidentiary weight accorded a certificate of renewal registration when registration is made after the 28th year of the copyright term. Renewal registration is a prerequisite to statutory damages and attorney's fees for published works not registered for the original term. In cases where no original registration or renewal registration is made before the expiration of the 28th year, important benefits can still be secured by filing a renewal registration at any time during the renewal term. These benefits would include, for example, statutory damages and attorney's fees in any infringement suit for infringements occurring after the renewal registration is made. Also, it is a requirement to get into court in certain circumstances under section 411 (a), and it creates a public record both to defend against innocent infringers and to facilitate easier licensing of the work. ——————————- RENEWAL FILING PERIOD ——————————- For works copyrighted between January 1, 1964, and December 31,1977, an application for renewal of copyright can be made: + within the last (28th) calendar year of the original term of copyright or + at any time during the renewed and extended term of 67 years. To determine the filing period for renewal during the original term: 1. First, determine the date of original copyright for the work. (In the case of works originally registered in unpublished form, copyright began on the date of registration; for published works, copyright began on the date of first publication with copyright notice.) 2. Then add 28 years to the year the work was originally copyrighted. This will determine the calendar year during which the copyright becomes eligible for renewal with a renewal filing during the original term due by December 31 of that year. An exception to this rule exists when the copyright notice in the work contains a year date earlier than the year date of first publication. In this case, the renewal filing period is computed from the year date in the copyright notice. For example, a work published January 20, 1975, contains a copyright notice reading "Copyright 1974 by Anderson Homes." Compute the 28-year original term from the year 1974. To renew a copyright during the original copyright term, the renewal application and fee must be received in the Copyright Office during the 28th year of the original term of copyright. All terms of original copyright run through the end of the 28th calendar year making the period for renewal registration in the original term from December 31 of the 27th year of the copyright through December 31 of the following year. Note: The Copyright Office does not notify authors or claimants when the copyrights in their works become eligible for renewal. ===================== WHO MAY CLAIM RENEWAL ===================== Renewal copyright may be claimed only by those persons specified in the law. A. The following persons may claim renewal in all types of works except those enumerated in Paragraph B below: 1. The author, if living, may claim as the author. 2. If the author is dead, the widow or widower of the author, or the child or children of the author, or both, may claim as the widow of the author or the widower of the author and/or the child of the deceased author or the children of the deceased author. 3. If there is no surviving widow, widower, or child, and the author left a will, the author's executors may claim as the executors of the author. 4. If there is no surviving widow, widower, or child, and the author left no will or the will has been discharged, the next of kin may claim as the next of kin of the deceased author, there being no will. B. Only in the case of the following four types of works may the copyright proprietor (owner) claim renewal: 1. Posthumous work (a work published after the author's death as to which no copyright assignment or other contract for exploitation has occurred during the deceased author's lifetime). Renewal may be claimed as proprietor of copyright in a posthumous work. 2. Periodical, cyclopedic, or other composite work. Renewal may be claimed as proprietor of copyright in a composite work. 3. Work copyrighted by a corporate body otherwise than as assignee or licensee of the individual author. Renewal may be claimed as proprietor of copyright in a work copyrighted by a corporate body otherwise than as assignee or licensee of the individual author. (This type of claim is considered appropriate in relatively few cases.) 4. Work copyrighted by an employer for whom such work was made for hire. Renewal may be claimed as proprietor of copyright in a work made for hire. For registration in the 28th year of the original copyright term, the renewal claimant is the individual(s) or entity who is entitled to claim renewal copyright on the date the application is filed. For registration after the 28th year of the original copyright term, the renewal claimant is the individual(s) or entity who is entitled to claim renewal copyright on December 31 of the 28th year. =============================== HOW TO REGISTER A RENEWAL CLAIM =============================== APPLICATION FORMApplication for renewal registration must be filed on Form RE, which is supplied by the Copyright Office on request. It is also available from the Copyright Office Website at http://www.loc.gov/copyright. RENEWAL FEEThe filing fee for a renewal application is $45*. If several applications are submitted at the same time, a remittance for the total amount should accompany them. ————————————————————————————————————- *NOTE: Fees are effective through June 30, 2002. After that date, check the Copyright Office Website at http://www.loc.gov/copyright or call (202) 707-3000 for current fee information. ————————————————————————————————————- All remittances should be in the form of drafts (that is, checks, money orders, or bank drafts) payable to: Register of Copyrights. Do not send cash. The Copyright Office cannot assume any responsibility for the loss of currency sent in payment of copyright fees. Drafts must be redeemable without service or exchange fee through a U.S. institution, must be payable in U.S. dollars, and must be imprinted with American Banking Association routing numbers. If a check received in payment of the filing fee is returned to the Copyright Office as uncollectible, the Copyright Office will cancel the registration and will notify the applicant. The fee for processing a renewal claim is nonrefundable, whether or not renewal registration is ultimately made. ORIGINAL AND RENEWAL REGISTRATION DURING THE 28TH YEARAn original registration can be made only during the first 28-year term of copyright protection. However, it is possible to make both an original registration and a renewal registration during the 28th year of the copyright term. This requires filing the appropriate basic application form, accompanied by deposit copies and a $30* filing fee, and a Form RE and a $45* filing fee. RENEWAL REGISTRATION WITHOUT ORIGINAL REGISTRATIONA renewal registration may be made without making an original registration during the 28th year of the original term. A renewal application Form RE must be filed, accompanied by the Form RE Addendum, a copy of the work as first published or appropriate identifying material in accordance with the requirements of 37 CFR 202.20 and 202.21, and the filing fee. (Request Circular 96 202.17 for further information.) The information in the Form RE Addendum is necessary to establish that copyright subsists in the original term which is capable of renewal. The deposit copy facilitates the examination of the claim to copyright which is submitted for renewal, and it is available for accession by the Library of Congress to its collections for the benefit of the nation. A single $60* fee will be required for a renewal registration using Form RE and Form RE Addendum. Please contact the Renewals Section in the Copyright Office for more information. Phone the Renewals Section at (202) 707-8180 or fax at (202) 707-3849 or write to the Copyright Office at: Library of Congress ============ NEW VERSIONS ============ Copyright in a new version of a previously copyrighted work (such as an arrangement, translation, dramatization, compilation, or work republished with new matter) covers only the additions, changes, or other new material appearing for the first time in that version. The copyright secured in a new version is independent of any copyright protection in material published or copyrighted earlier, and the only "authors" of a new version are those who contributed copyrightable matter to it. Thus, for renewal purposes, the person who wrote the original version upon which the new work is based cannot be regarded as an "author" of the new version, unless that person also contributed to the new matter. ===================================================== CONTRIBUTIONS TO PERIODICALS OR OTHER COMPOSITE WORKS ===================================================== SEPARATE RENEWAL FOR A SINGLE CONTRIBUTIONSeparate renewal registration is possible for a work published as a contribution to a periodical, serial, or other composite work whether or not the contribution was copyrighted independently or as part of the larger work in which it appeared. Except in the cases described in the next paragraph, each contribution published in a separate issue requires a separate renewal registration. RENEWAL FOR A GROUP OF CONTRIBUTIONS+ Requirements for Group Renewal: A renewal registration using a single application and $45*, plus $15* for each addendum, (if required) fee can be made for a group of periodical contributions if all the following five statutory conditions are met: 1. All the works were written by the same author, who is or was an individual (not an employee for hire); 2. All of the works were first published as contributions to periodicals (including newspapers) and were copyrighted on their first publication; 3. The renewal claimant or claimants and the basis of the claim or claims are the same for all the works; 4. The renewal application and fee are received not less than 27 years after the 31st day of December of the calendar year in which all the works were first published; and 5. The renewal application identifies each work separately, including the periodical containing it and the date of first publication. + TIME LIMITS FOR GROUP RENEWALS: To be renewed as a group, all the contributions must have been first published during the same calendar year. For example, suppose six contributions by the same author were published on April 1, 1971; July 1, 1971; November 1, 1971; February 1, 1972; July 1, 1972; and March 1, 1973. The three 1971 copyrights can be combined and renewed on the same Form RE at any time during 1999; the two 1972 copyrights can be renewed as a group during 2000; but the 1973 copyright must be renewed by itself in 2001. ============================== NOTICE OF RENEWAL OF COPYRIGHT ============================== The Copyright Office is frequently asked whether the notice of copyright should be changed on copies of a work issued during the renewal term. The copyright law is silent on this point, and the continued use of the original form of notice may therefore be considered appropriate. However, a notice that also refers to the fact of renewal might be regarded as more informative and, hence, preferable; for example: Copyright 1972 Bobby Eroica Dupea ============================== EFFECTIVE DATE OF REGISTRATION ============================== A renewal registration is effective on the date the Copyright Office receives all the required renewal elements in acceptable form, regardless of how long it then takes to process the application and mail the certificate of registration. The time the Copyright Office requires to process an application varies, depending on the amount of material the Office is receiving. Please keep in mind that it may take a number of days for mailed material to reach the Copyright Office and for the certificate of registration to reach the recipient after being mailed by the Copyright Office. If you file an application for renewal registration in the Copyright Office, you will not receive an acknowledgment that your application has been received, but you can expect: + A letter or telephone call from a copyright examiner or other staff + A certificate of registration to indicate the renewal has been + If renewal registration cannot be made, a letter explaining why it has If you want to know when the Copyright Office receives your material, send it by registered or certified mail and request a return receipt from the U.S. Postal Service. Allow at least 4-6 weeks for the return of your receipt. If you need additional application forms for renewal registration, call (202) 707-9100 anytime, day or night, to record your request on the Copyright Office Forms and Publications Hotline. Please specify the number of forms you need. You may photocopy blank application forms; however, photocopied forms submitted to the Copyright Office must be clear and legible on a good grade of 8-1/2 inch by 11 inch white paper suitable for automatic feeding through a photocopier. The forms should be printed, preferably in black ink, head-to-head (so that when you turn the sheet over, the top of page 2 is directly behind the top of page 1). FORMS NOT MEETING THESE REQUIREMENTS WILL BE RETURNED TO THE ORIGINATOR. If, after reading this circular, you have additional questions about Library of Congress ======================= FOR FURTHER INFORMATION ======================= INFORMATION VIA THE INTERNET: Frequently requested circulars, announcements, regulations, other related materials, and all copyright application forms are available via the Internet. You may access these via the Copyright Office homepage at http://www.loc.gov/copyright. INFORMATION BY FAX: Circulars and other information (but not application forms) are available by Fax-on-Demand at (202)707-2600. INFORMATION BY TELEPHONE: For general information about copyright, call the Copyright Public Information Office at (202)707-3000. The TTY number is (202)707-6737. Information specialists are on duty from 8:30 a.m. to 5:00 p.m., eastern time, Monday through Friday, except federal holidays. Recorded information is available 24 hours a day. Or, if you know which application forms and circulars you want, request them from the Forms and Publications Hotline at (202)707-9100 24 hours a day. Leave a recorded message. Information by regular mail: ——————————————————————— Library of Congress Copyright Office 101 Independence Avenue, S.E. Washington, D.C. 20559-6000 http://www.loc.gov/copyright REV: June 1999 — 15,000 ***** United States Copyright Office Circular 15t Extension of Copyright Terms ======================================================================== ======================== PURPOSE OF THIS CIRCULAR ======================== This circular will inform you of the provisions in the copyright statute affecting the duration of subsisting copyrights and give you some information with examples illustrating what these provisions mean. For works copyrighted for the first time on or after January 1, 1978, the statutory provisions governing the duration of protection are quite different and are not included in this circular. For general information about duration of copyright under the current law, request Circular 15a, "Duration of Copyright." ============================================================= EFFECT OF 1976 COPYRIGHT LAW WITH AMENDMENTS OF 1992 AND 1998 ============================================================= The Copyright Act of October 1976 (Public Law 94-553, 90 Stat. 2541, amending title 17 of the United States Code), effective January 1, 1978, has been amended to extend the term of copyright on two subsequent occasions with the passage of the Copyright Amendments Act of 1992 (Public Law 102-307, 10 6 Stat. 266, amending section 304 of title 17 of the United States Code), and the Sonny Bono Copyright Term Extension Act of 1998 (Public Law 105-298, 112 Stat. 2827, amending chapter 3 of title 17 of the United States Code). Public Law 102-307, enacted on June 26, 1992, amended the copyright law to make renewal automatic and renewal registration optional for works originally copyrighted between January 1, 1964, and December 31, 1977. Public Law 105-298, enacted on October 27, 1998, added an additional 20 years to the overall term of copyright protection. —2— + COPYRIGHTS ALREADY IN THEIR SECOND TERM ON JANYARY 1, 1978: The duration of the copyright term has automatically been prolonged to last for a total of 95 years. No further renewal registration is necessary. + COPYRIGHTS IN THEIR FIRST TERM ON JANUARY 1, 1978: Renewal registration was still necessary to obtain the second term for works copyrighted between January 1, 1950, and December 31, 1963. Renewal registration is optional for works copyrighted between January 1, 1964, and December 31, 1977. In both cases, the renewal copyright is longer than the term in effect before 1978. The renewal term extends the copyright for a full term of 95 years. ================================================================ COPYRIGHTS IN THEIR SECOND TERM: AUTOMATIC EXTENSION OF DURATION ================================================================ RENEWED COPYRIGHTS AUTOMATICALLY EXTENDED TO MAXIMUM OF 95 YEARSUnder the statute, copyrights that had already been renewed and were in their second term at any time between December 31, 1976, and December 31, 1977, inclusive, were automatically extended in duration. The total length of these copyrights is now 95 years from the end of the year in which they were originally secured. EXAMPLE: A work that was first copyrighted on April 10, 1923, and renewed between April 10, 1950, and April 10, 1951, would formerly have fallen into the public domain after April 10, 1979. The current law extends this copyright through the end of 2018. These second-term copyrights cannot be renewed again. Under the law, their extension to the maximum 95-year term is automatic and requires no action in the Copyright Office. A SPECIAL SITUATION: COPYRIGHTS REGISTERED FOR RENEWAL BETWEEN DECEMBER 31, 1976, AND DECEMBER 31, 1977The automatic extension also applied to copyrights that were the subject of a renewal registration between December 31, 1976, and December 31, 1977, even though their second term was not scheduled to commence until sometime in 1978. EXAMPLE: A work was first copyrighted on July 29, 1950, and a renewal ANOTHER SPECIAL SITUATION: COPYRIGHTS MORE THAN 56 YEARS OLDThe automatic extension applies not only to copyrights less than 56 years old but also to older copyrights that have previously been extended in duration under a series of Congressional enactments beginning in 1962. [1] As in the case of all other copyrights subsisting in their second term between December 31, 1976, and December 31, 1977, inclusive, these copyrights will expire at the end of the calendar year in which the 95th anniversary of the original date of copyright occurs, so long as the copyright was still in its renewal phase at the time Public Law 105-298 became effective. [2] EXAMPLE: A work that was first entered for copyright on October 5, 1907, and renewed in 1935, would formerly have fallen into the public domain after October 5, 1963. The first Act extended the copyright to December 31, 1965; the second Act extended it to December 31, 1967; the third Act extended it to December 31, 1968; the fourth Act extended it to December 31, 1969; the fifth Act extended it to December 31, 1970; the sixth Act extended it to December 31, 1971; the seventh Act extended it to December 31, 1972; the eighth Act extended it to December 31, 1974; the ninth Act extended it to December 31, 1976, and the Copyright Act of 1976 finally extended the copyright through the end of 1982 (75 years from the end of the year in which the copyright was originally secured). ================================================================== COPYRIGHTS SECURED BETWEEN JANUARY 1, 1950, AND DECEMBER 31, 1963: RENEWAL WAS NECESSARY ================================================================== Copyrights whose first 28-year term of copyright was secured between January 1, 1950, and December 31, 1963, including works protected in their first term under the Universal Copyright Convention, still had to be renewed within strict time limits in order to receive the maximum statutory duration. U.S. adherence to the Berne Convention did not alter this requirement. Renewal registration had to be made within a year period beginning on December 31 of the —3— 27th year of the copyright and running through December 31 of the following year. If a valid renewal registration was made at the proper time, the second term lasts for 67 years. This is 39 years longer than the 28-year renewal term provided under the 1909 law and makes the two terms of protection for the renewed copyright last for a total of 95 years. However, if renewal registration was not made within the statutory time limits, these copyrights expired at the end of their first terms and protection was lost permanently. ================================================================= COPYRIGHTS SECURED BETWEEN JANUARY 1, 1964, AND DECEMBER 31, 1977 ================================================================= The amendment to the copyright law enacted June 26, 1992, makes renewal registration optional, and the amendment enacted October 27, 1998, further extends the renewal term to 67 years. The copyright is still divided between a 28-year original term and a 67-year renewal term, but the renewal term automatically vests on December 31st of the 28th year. A renewal registration is not required to secure the renewal copyright. Certain benefits accrue to making renewal registrations, and the Copyright Office continues to accept renewal applications. See Circular 15, "Renewal of Copyright," for a discussion of the benefits of making renewal registration. ========================================================== OTHER STATUTORY PROVISIONS AFFECTING SUBSISTING COPYRIGHTS ========================================================== YEAR-END EXPIRATION OF COPYRIGHTTERMSThe law provides that all terms of copyright will run through the end of the calendar year in which they would otherwise expire. This affects the duration of all copyrights, including those subsisting in either their first or second term in January 1, 1978. For works eligible for renewal registration, the renewal filing period begins on December 31st of the 27th year of the copyright term and ends on December 31st of the 28th year of the copyright term. TERMINATION OF GRANTSFor works already under statutory copyright on January 1, 1978, the law also contains special provisions allowing the termination of any grant of rights made by an author and covering any part of the period (usually 39 years) that has now been added to the end of the renewal copyright. This right to reclaim ownership of all or any part of the extended term is optional. It can be exercised only by certain persons (the author, or specified heirs of the author), and it must be exercised in accordance with prescribed conditions and within strict time limits. ================================= A CHECKLIST OF POINTS TO REMEMBER ================================= + Copyrights already in their second term on January 1, 1978, have been + Copyrights secured between January 1, 1950, and December 31, 1963, had + Copyrights secured between January 1, 1964, and December 31, 1977, are + Works in the public domain cannot be protected by copyright. The 1976 + Exception: Under the provisions of the Uruguay Round Agreements Act + A work published before January 1, 1964, and originally copyrighted within the past 75 years may still be protected by copyright if a valid renewal registration was made during the 28th year of the first term of the copyright. If renewed and if still valid under the other provisions of the law, the copyright will now expire 95 years from the end of the year in which it was first secured. Works published before January 1, 1923, have fallen into the public domain, but works published after that date could still be protected by copyright if the copyright was renewed by registration or automatically by law under Public Law 102-307. ======================= FOR FURTHER INFORMATION ======================= INFORMATION VIA THE INTERNET: Frequently requested circulars, announcements, regulations, other related materials, and all copyright application forms are available via the Internet. You may access these via the Copyright Office homepage at http://www.loc.gov/copyright. INFORMATION BY FAX: Circulars and other information (but not application forms) are available by Fax-on-Demand at (202)707-2600. INFORMATION BY TELEPHONE: For general information about copyright, call the Copyright Public Information Office at (202)707-3000. The TTY number is (202)707-6737. Information specialists are on duty from 8:30 a.m. to 5:00 p.m., eastern time, Monday through Friday, except federal holidays. Recorded information is available 24 hours a day. Or, if you know which application forms and circulars you want, request them from the Forms and Publications Hotline at (202)707-9100 24 hours a day. Leave a recorded message. Information by regular mail: Write to: Library of Congress ———— ENDNOTES 1 The enactments were Public Laws 87-668, 89-142, 90-141, 90-416, 91-147, 91-555, 92-170, 92-566, and 93-573. Their effect was to extend the second term of all renewed copyrights scheduled to expire between September 19, 1962, and December 3, 1976, through the end of 1976. 2 Works published before January 1, 1923, would have fallen into the public domain at the end of calendar year 1997. Consequently, these works do not receive the additional 20 years of copyright protection created by Public Law 105-298. ——————————————————————— U.S. GOVERNMENT PRINTING OFFICE: 1999-454-879/5 Library of Congress Copyright Office 101 Independence Avenue, S.E. Washington, D.C. 20559-6000 www.loc.gov/copyright June 1999 — 15,000 ***** United States Copyright Office Circular 22 How to Investigate the Copyright Status of a Work ======================================================================== IN GENERALMethods of Approaching & Copyright Investigation There are several ways to investigate whether a work is under copyright protection and, if so, the facts of the copyright. These are the main ones: 1. Examine a copy of the work for such elements as a copyright notice, place and date of publication, author and publisher. If the work is a sound recording, examine the disk, tape cartridge, or cassette in which the recorded sound is fixed, or the album cover, sleeve, or container in which the recording is sold. 2. Make a search of the Copyright Office catalogs and other records; or 3. Have the Copyright Office make a search for you. A Few Words of Caution About Copyright Investigations Copyright investigations often involve more than one of these methods. Even if you follow all three approaches, the results may not be conclusive. Moreover, as explained in this circular, the changes brought about under the Copyright Act of 1976, the Berne Convention Implementation Act of 1988, the Copyright Renewal Act of 1992, and the Sonny Bono Copyright Term Extension Act of 1998 must be considered when investigating the copyright status of a work. This circular offers some practical guidance on what to look for if you are making a copyright investigation. It is important to realize, however, that this circular contains only general information and that there are a number of exceptions to the principles outlined here. In many cases it is important to consult with a copyright attorney before reaching any conclusions regarding the copyright status of a work. —————————————————————————- HOW TO SEARCH COPYRIGHT OFFICE CATALOGS AND RECORDS —————————————————————————- Catalog of Copyright Entries The Copyright Office published the Catalog of Copyright Entries (CCE) in printed format from 1891 through 1978. From 1979 through 1982 the CCE was issued in microfiche format. The catalog was divided into parts according to the classes of works registered. Each CCE segment covered all registrations made during a particular period of time. Renewal registrations made from 1979 through 1982 are found in Section 8 of the catalog. Renewals prior to that time were generally listed at the end of the volume containing the class of work to which they pertained. A number of libraries throughout the United States maintain copies of the |
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