Supplemental Copyright Information | Page 9

and could not be restored.
---------------------------------------------------------------------- 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