Copyright Basics | Page 9

operation of law and may be
bequeathed by will or pass as personal property by the applicable laws
of intestate succession.
Copyright is a personal property right, and it is subject to the various
state laws and regulations that govern the ownership, inheritance, or
transfer of personal property as well as terms of contracts or conduct of
business. For information about relevant state laws, consult an attorney.
Transfers of copyright are normally made by contract. The Copyright
Office does not have any forms for such transfers. The law does
provide for the recordation in the Copyright Office of transfers of
copyright ownership. Although recordation is not required to make a
valid transfer between the parties, it does provide certain legal
advantages and may be required to validate the transfer as against third
parties. For information on recordation of transfers and other
documents related to copyright, request "Recordation of Transfers and
Other Documents" [http://www.loc.gov/copyright/circs/circ12.pdf].

Termination of Transfers
Under the previous law, the copyright in a work reverted to the author,
if living, or if the author was not living, to other specified beneficiaries,
provided a renewal claim was registered in the 28th year of the original
term.* The present law drops the renewal feature except for works

already in the first term of statutory protection when the present law
took effect. Instead, the present law permits termination of a grant of
rights after 35 years under certain conditions by serving written notice
on the transferee within specified time limits.
*The copyright in works eligible for renewal on or after June 26, 1992,
will vest in the name of the renewal claimant on the effective date of
any renewal registration made during the 28th year of the original term.
Otherwise, the renewal copyright will vest in the party entitled to claim
renewal as of December 31st of the 28th year.
For works already under statutory copyright protection before 1978, the
present law provides a similar right of termination covering the newly
added years that extended the former maximum term of the copyright
from 56 to 95 years. For further information, request Circular 15a
[http://www.loc.gov/copyright/circs/circ15a.pdf] and Circular 15t
[http://www.loc.gov/copyright/circs/circ15t.pdf] .
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INTERNATIONAL COPYRIGHT PROTECTION
There is no such thing as an "international copyright" that will
automatically protect an author's writings throughout the entire world.
Protection against unauthorized use in a particular country depends,
basically, on the national laws of that country. However, most countries
do offer protection to foreign works under certain conditions, and these
conditions have been greatly simplified by international copyright
treaties and conventions. For further information and a list of countries
that maintain copyright relations with the United States, request
"International Copyright Relations of the United States."
[http://www.loc.gov/copyright/circs/circ38a.pdf].
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COPYRIGHT REGISTRATION
In general, copyright registration is a legal formality intended to make a
public record of the basic facts of a particular copyright. However,
registration is not a condition of copyright protection. Even though
registration is not a requirement for protection, the copyright law
provides several inducements or advantages to encourage copyright
owners to make registration. Among these advantages are the
following:
+ Registration establishes a public record of the copyright claim.

+ Before an infringement suit may be filed in court, registration is
necessary for works of U. S. origin.
+ If made before or within 5 years of publication, registration will
establish prima facie evidence in court of the validity of the copyright
and of the facts stated in the certificate.
+ If registration is made within 3 months after publication of the work
or prior to an infringement of the work, statutory damages and
attorney's fees will be available to the copyright owner in court actions.
Otherwise, only an award of actual damages and profits is available to
the copyright owner.
+ Registration allows the owner of the copyright to record the
registration with the U. S. Customs Service for protection against the
importation of infringing copies. For additional information, request
Publication No. 563 "How to Protect Your Intellectual Property Right,"
from: U.S. Customs Service, P.O. Box 7404, Washington, D.C. 20044.
See the U.S. Customs Service Website at [http://www.customs.gov] for
online publications.
Registration may be made at any time within the life of the copyright.
Unlike the law before 1978, when a work has been registered in
unpublished form, it is not necessary to make another registration when
the work becomes published, although the copyright owner may
register the published edition, if desired.
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REGISTRATION PROCEDURES
Original Registration
To register a work, send the following three elements _*in the same
envelope or package*_ to:
Library of Congress Copyright Office 101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
1. A properly completed application form. 2. A nonrefundable filing fee
of $30 (effective through June 30, 2002) for each application.
_NOTE:_ Copyright Office fees are subject to change. For current fees,