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.

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= OTHER STATUTORY PROVISIONS AFFECTING SUBSISTING COPYRIGHTS ========================================================== i>

YEAR-END EXPIRATION OF COPYRIGHTTERMS

The 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 GRANTS

For 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
  automatically extended up to a maximum of 95 years without the need for
  further renewal.

+ Copyrights secured between January 1, 1950, and December 31, 1963, had
  to be renewed within a strict 1-year time limit; if not renewed they
  expired at the end of their 28th calendar year.

+ Copyrights secured between January 1, 1964, and December 31, 1977, are
  renewed automatically even if renewal registration is not made; renewal
  registration is optional and if timely made, entitles the claimant to a
  presumption of validity and other advantages.

+ Works in the public domain cannot be protected by copyright.  The 1976
  Act, the 1992 amendment, and the 1998 amendment do not provide a
  procedure for restoring protection for works in which copyright has
  been lost for any reason.