Copyright Basics eBook

This eBook from the Gutenberg Project consists of approximately 29 pages of information about Copyright Basics.

Copyright Basics eBook

This eBook from the Gutenberg Project consists of approximately 29 pages of information about Copyright Basics.

Public Law 102-307 [http://thomas.loc.gov/cgi-bin/bdquery
/z?d102:SN00756:|TOM:/bss/d102query.html|] makes renewal registration optional.  Thus, filing for renewal registration is no longer required in order to extend the original 28- year copyright term to the full 95 years.  However, some benefits accrue from making a renewal registration during the 28th year of the original term.

For more detailed information on renewal of copyright and the copyright term, request “Renewal of Copyright” [http://www.loc.gov/copyright/circs/circ15.pdf] ; “Duration of Copyright” [http://www.loc.gov/copyright/circs/circ15a.pdf]; and “Extension of Copyright Terms” [http://www.loc.gov/copyright/circs/circ15t.pdf].

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TRANSFER OF COPYRIGHT

Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.  Transfer of a right on a nonexclusive basis does not require a written agreement.

A copyright may also be conveyed by 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.

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