DURATION UNDER 1909
ACT
•1909 Act: initial and
renewal term (like
Statute of Anne).
How long were these
under the 1909 Act?
•Under the Statute of
Anne?
•What is the purpose
of a renewal term?
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These are the lecture slides of Copyright Law. Key important points are: Duration Under Act, Renewal Term, Statute of Anne, Policy of Renewal, Initial and Renewal, Rationale for Renewal Terms, Paternalistic, Independent Rights, Initial Bargain, Administrator
Typology: Slides
2012/2013
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DURATION UNDER 1909
ACT
- 1909 Act: initial and renewal term (like Statute of Anne). How long were these under the 1909 Act?
- Under the Statute of Anne?
- What is the purpose of a renewal term?
POLICY OF RENEWAL
STRUCTURE
- Under 1909 Act both initial and renewal term
were 28 years (Statute of Anne 14 and 14 years)
- Rationale for renewal terms - highly
paternalistic: idea of a renewal term was to give author new independent rights, so author would not suffer from bad initial bargain
- If author dead, benefit statutory beneficiaries:
spouse, kids, executor, administrator – see 304(a)(1)(C)
RENEWALS UNDER 1909
ACT
- How did you renew copyright under the 1909 Act? You had to file a renewal registration within the last year of the copyright term – note that this now only applies to works published with copyright notice prior to 1964 up to end of 1977.
- In 1992, Congress made renewals automatic for all works that were then in their first term. Congress could only reach back 28 years because it could not restore copyright to works in the public domain. –see 304(a)(2)
RENEWALS UNDER 1909
ACT
- Could the author assign his renewal expectancy before renewal vests? See Fred Fisher Music (1943) ; Corcovado (1993) - Yes
- Isn’t this contrary to the purposes of renewal?
Summary
- Limit on author’s right to assign renewal term -
must survive until renewal term vested
- Case law unclear about when in 28th year renewal
term vested – Marascalco For for the assignee of a renewal right to take, the author must survive until at least the beginning of the renewal term-the author's survival at the time of application for renewal is insufficient. Sickler – vesting occurred on registration of renewal certificate.
Vesting of renewal term:
automatic renewal
- Under automatic renewal provisions,
renewal vests on either of 2 dates - when
registration filed or if no registration filed,
at beginning of renewal term. – see
304(a)(2)
WRAP UP: CHANGE IN
DURATION
- What basic change did the 1976 Act
introduce for duration? Why did it change
the law?
DURATION PROVISIONS
- Published and unpublished works created
on or after 1/1/78: s. 302, 305
- Unpublished works created but not
published prior to 1/1/78: s. 303, s 305
- Published works created pre 1/1/78 : s. 304
DURATION: 1978 Act Works
• S. 302
- Works created on of after 1/1/
- What is the general period of duration? LIFE plus 70
- What about joint works? Life of last surviving author plus 70
- What about anonymous works, pseudonymous works and works made for hire? 120 years from creation or 95 years from publication, whichever expires first
- NOTE DIFFERENCE BETWEEN PUBLICATION /CREATION
DURATION WORKS
CREATED BEFORE 1/1/
- S. 303
- Unpublished works created before 1/1/
- What is the copyright term?
- What are special provisions on expiration?
- Why do you think these provisions are in
the Act?
DURATION – WORKS THAT
START UNDER 1909 ACT
- But are still in copyright when 1976 Act
comes into force
- What is the duration for such works? See s.
DURATION – WORKS THAT
START UNDER 1909 ACT
- But are still in copyright when 1976 Act comes into force
- What is the duration for such works? See s. 304
- 1976 Act as amended by Sonny Bono Copyright Term Extension Act extends protection for an additional 39 years –
- 28 initial term + 28 renewal + 39 extension = total possible protection of 95 years
- You can also look at it as 28 initial term + 67 extended renewal term
- See 304(2)(A) and (B) Docsity.com
LIMITS ON ABEND
- Underlying work must have been subject to copyright prior to 1/1/
- Underlying work must have been written outside work for hire relationship
- Renewal term must not have been effectively conveyed - eg author dies prior to vesting of renewal term
- Renewal claimant must timely file renewal application - see s. 304(a)(4)(A)
Termination of transfers
- This applies to 1976 Act
- Why did Congress provide for a right of
termination?
- Note – transfers include non-exclusive and