Supplemental Copyright Information
by
The United States Copyright Office
Part 1 out of 3
published by the United States Copyright Office. Each item is
separated by a page break and a string of 5 asterisks (*****).
a. Circular 3: Copyright Notice
b. Circular 15: Renewal of Copyright
c. Circular 15t: Extension of Copyright Terms
d. Circular 22: Highlights of Copyright Amendments
Contained in the Uruguay Round Agreements Act (URAA)
e. WIPO Copyright Treaty
*****
United States Copyright Office
Circular 3
Copyright Notice
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INTRODUCTION
The use of a copyright notice is no longer required under U.S. law,
although it is often beneficial. Because prior law did contain such a
requirement, however, the use of notice is still relevant to the
copyright status of older works.
This circular discusses both the copyright notice provisions as
originally enacted in the 1976 Copyright Act (title 17, U.S. Code),
which took effect January 1, 1978, and the effect of the 1988 Berne
Convention Implementation Act, which amended the copyright law to make
the use of a copyright notice optional on copies of *works published on
and after March 1, 1989*. Specifications for the proper form and
placement of the notice are described in this circular.
Works published before January 1, 1978, are governed by the previous
copyright law. Under that law, if a work was published under the
copyright owner's authority without a proper notice of copyright, all
copyright protection for that work was permanently lost in the United
States.
The Uruguay Round Agreements Act of 1994 (URAA) (PL 103-465) modified
the effect of publication without notice for certain foreign works.
Under this Act, copyright is automatically restored, effective January
1, 1996, for certain foreign works placed into the public domain because
of lack of proper notice or noncompliance with other legal requirements.
Although restoration is automatic, if the copyright owner wishes to
enforce rights against reliance parties (those who, relying on the
public domain status of a work, were already using the work before the
URAA was enacted), he/she must either file with the Copyright Office a
Notice of Intent to Enforce the restored copyright or serve such a
notice on the reliance party.
For more information about the copyright notice under the law in effect
before January 1, 1978, request Circular 96 Section 202.2, "Copyright
Notice", from the Copyright Office. For more information about
restoration of copyright under the URAA, request Circular 38b,
"Highlights of Copyright Amendments Contained in the Uruguay Round
Agreements Act (URAA)."
---------------------------
USE OF THE COPYRIGHT NOTICE
---------------------------
Copyright is a form of protection provided by the laws of the United
States to authors of "original works of authorship." When a work is
published under the authority of the copyright owner (see definition of
"publication" below), a notice of copyright may be placed on all
publicly distributed copies or phonorecords. The use of the notice is
the responsibility of the copyright owner and does not require
permission from, or registration with, the Copyright Office.
Use of the notice may be important because it informs the public that
the work is protected by copyright, identifies the copyright owner, and
shows the year of first publication. Furthermore, in the event that a
work is infringed, if the work carries a proper notice, the court will
not *give any weight to a defendant's interposition of an innocent
infringement defense*--that is, that he or she did not realize that the
work was protected. An innocent infringement defense may result in a
reduction in damages that the copyright owner would otherwise receive.
For works first published on and after March 1, 1989, use of the
copyright notice is optional. Before March 1, 1989, the use of the
notice was mandatory on all published works. Omitting the notice on any
work first published before that date could result in the loss of
copyright protection if corrective steps are not taken within a certain
amount of time. The curative steps are described in this circular under
"Omission of Notice and Errors in Notice."
The Copyright Office does not take a position on whether reprints of
works first published with notice before March 1, 1989, which are
distributed on or after March 1, 1989, must bear the copyright notice.
WHAT IS PUBLICATION?
The 1976 Copyright Act defines publication as "the distribution of
copies or phonorecords of a work to the public by sale or other transfer
of ownership, or by rental, lease, or lending." An offering to
distribute copies or phonorecords to a group of persons for purposes of
further distribution, public performance, or public display also
constitutes publication. The following do not constitute publication:
printing or other reproduction of copies, performing or displaying a
work publicly, or sending copies to the Copyright Office.
COPYRIGHT NOTICE NOT REQUIRED ON UNPUBLISHED WORKS
The copyright notice has never been required on unpublished works.
However, because the dividing line between a preliminary distribution
and actual publication is sometimes difficult to determine, the
copyright owner may wish to place a copyright notice on copies or
phonorecords that leave his or her control to indicate that rights are
claimed.
An appropriate notice for an unpublished work might be: Unpublished work
(C in a circle symbol) 1998 John Doe.
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FORM OF NOTICE
--------------
The form of the copyright notice used for "visually perceptible"
copies--that is, those that can be seen or read, either directly (such
as books) or with the aid of a machine (such as films)--is different
from the form used for phonorecords of sound recordings (such as compact
disks or cassettes).
VISUALLY PERCEPTIBLE COPIES
The notice for visually perceptible copies should contain three
elements. They should appear together or in close proximity on the
copies. The elements are:
1. *The symbol* (the letter C in a circle), or the word "Copyright", or
the abbreviation "Copr."; and
2. *The year of first publication.* If the work is a derivative work or
a compilation incorporating previously published material, the year
date of first publication of the derivative work or compilation is
sufficient. Examples of derivative works are translations or
dramatizations; an example of a compilation is an anthology. The year
may be omitted when a pictorial, graphic, or sculptural work, with
accompanying textual matter, if any, is reproduced in or on greeting
cards, postcards, stationery, jewelry, dolls, toys, or useful
articles; and
3. *The name of the owner of copyright in the work*, or an abbreviation
by which the name can be recognized, or a generally known alternative
designation of the owner.
Example: (C in a circle symbol) 1999 Jane Doe
The "C in a circle" notice is used only on "visually perceptible"
copies. Certain kinds of works, for example, musical, dramatic, and
literary works, may be fixed not in "copies" but by means of sound in an
audio recording. Since audio recordings such as audio tapes and
phonograph disks are "phonorecords" and not "copies", the "C in a
circle" notice is not used to indicate protection of the underlying
musical, dramatic, or literary work that is recorded.
*The United States is a member of the Universal Copyright Convention
(the UCC), which came into force on September 16, 1955. To guarantee
protection for a copyrighted work in all UCC member countries, the
notice must consist of the symbol (C in a circle symbol)(the word
"Copyright" or the abbreviation are not acceptable), the year of
first publication, and the name of the copyright proprietor.
Example: (C in a circle symbol) 1999 John Doe. For information about
international copyright relationships, request Circular 38a,
"International Copyright Relations of the United States."
PHONORECORDS OF SOUND RECORDINGS
The copyright notice for phonorecords embodying a sound recording is
different from that for other works. Sound recordings are defined as
"works that result from the fixation of a series of musical, spoken or
other sounds, but not including the sounds accompanying a motion picture
or other audiovisual work." Copyright in a sound recording protects the
particular series of sounds fixed in the recording against unauthorized
reproduction, revision, and distribution. This copyright is distinct
from copyright of the musical, literary, or dramatic work that may be
recorded on the phonorecord.
Phonorecords may be records (such as LPs and 45s), audio tapes,
cassettes, or disks. The notice should contain the following three
elements appearing together on the phonorecord:
1. *The symbol* (the letter P in a circle); and
2. *The year of first publication* of the sound recording; and
3. *The name of the owner of copyright* in the sound recording, or an
abbreviation by which the name can be recognized, or a generally
known alternative designation of the owner. If the producer of the
sound recording is named on the phonorecord label or container and if
no other name appears in conjunction with the notice, the producer's
name shall be considered a part of the notice. Example: (P in a
circle symbol) 1999 X.Y.Z. Records, Inc.
------------------------------------------------------------------------
CONTRIBUTIONS TO COLLECTIVE WORKS
A "collective work" is one in which a number of contributions that are
separate and independent works in themselves are assembled into a
collective whole. Examples of collective works include periodicals (such
as magazines and journals), encyclopedias, and anthologies.
A single copyright notice applicable to the collective work as a whole
serves to indicate protection for all the contributions in the
collective work, except for advertisements, regardless of the ownership
of copyright in the individual contributions and whether they have been
published previously.
However, a separate contribution to a collective work may bear its own
notice of copyright, and in some cases, it may be advantageous to
utilize the separate notice. As a practical matter, a separate notice
will inform the public of the identity of the owner of the contribution.
For works first published before March 1, 1989, there may be additional
reasons to use a separate notice. If the owner of the collective work is
not the same as the owner of an individual contribution that does not
bear its own notice, the contribution is considered to bear an erroneous
notice. (For the effects of a notice with the wrong name, see "Error in
Name" on page 5 of this circular.) Additionally, if an individual author
of contributions to a periodical wishes to make a single registration
for a group of contributions published within a 12-month period, each
contribution must carry its own notice. For information on this type of
registration, request Form GR/CP and Information Package 104.
A notice for the collective work will not serve as the notice for
advertisements inserted on behalf of persons other than the copyright
owner of the collective work. These advertisements should each bear a
separate notice in the name of the copyright owner of the advertisement.
------------------------------------------------
PUBLICATIONS INCORPORATING U.S. GOVERNMENT WORKS
Works by the U.S. Government are not eligible for copyright protection.
For works published on and after March 1, 1989, the previous notice
requirement for works consisting primarily of one or more U.S.
Government works has been eliminated. However, use of a notice on such a
work will defeat a claim of innocent infringement as previously
described *provided* the notice also includes a statement that
identifies either those portions of the work in which copyright is
claimed or those portions that constitute U.S. Government material. An
example is: "(C in a circle symbol) 1998 Ann Doe. Copyright claimed in
Chapters 7-10, exclusive of U.S. Government maps."
Copies of works published before March 1, 1989, that consist primarily
of one or more works of the U.S. Government should have a notice and the
identifying statement.
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POSITION OF NOTICE
The copyright notice should be placed on copies or phonorecords in such
a way that it gives reasonable notice of the claim of copyright. The
notice should be permanently legible to an ordinary user of the work
under normal conditions of use and should not be concealed from view
upon reasonable examination. The Copyright Office has issued
regulations, summarized below, concerning the position of the notice and
methods of affixation (37 C.F.R., Part 201). To read the complete
regulations, request Circular 96 Section 201.20, "Methods of Affixation
and Positions of the Copyright Notice on Various Types of Works," or
consult the Code of Federal Regulations in your local library.
The following locations and methods of affixation are examples of
appropriate position of notice. These examples are not exhaustive.
Works Published in Book Form
+ Title page
+ Page immediately following the title page
+ Either side of the front or back cover
+ First or last page of the main body of the work *Single-leaf Works*
+ Front or back
Works Published as Periodicals or Other Serials
+ Any location acceptable for books
+ As part of, or adjacent to, the masthead or on the page containing
the masthead
+ Adjacent to a prominent heading, appearing at or near the front of
the issue, containing the title of the periodical and any
combination of the volume and issue number and date of the issue
Works Published as Separate Contributions to Collective Works
For a separate contribution reproduced on only one page:
+ Under the title or elsewhere on the same page For a separate
contribution reproduced on more than one page:
+ Under a title appearing at or near the beginning of the contribution
+ On the first page of the main body of the contribution
+ Immediately following the end of the contribution
+ On any of the pages where the contribution appears if the
contribution consists of no more than 20 pages, the notice is
reproduced prominently, and the application of the notice to the
particular contribution is clear
Works Reproduced in Machine-Readable Copies
+ With or near the title or at the end of the work, on visually
perceptible printouts
+ At the user's terminal at sign-on
+ On continuous display on the terminal l Reproduced durably on a
gummed or other label securely affixed to the copies or to a
container used as a permanent receptacle for the copies
Motion Pictures and Other Audiovisual Works
A notice embodied in the copies by a photomechanical or electronic
process so that it ordinarily would appear whenever the work is
performed in its entirety may be located:
+ With or near the title
+ With the cast, credits, and similar information
+ At or immediately following the beginning of the work
+ At or immediately preceding the end of the work The notice on works
lasting 60 seconds or less, such as untitled motion pictures or
other audiovisual works, may be located:
+ In all the locations specified above for longer motion pictures; and
+ If the notice is embodied electronically or photo-mechanically, on
the leader of the film or tape immediately preceding the work. For
audiovisual works or motion pictures distributed to the public for
private use, the locations include the above, and in addition:
+ On the permanent housing or container
Pictorial, Graphic, and Sculptural Works
For works embodied in two-dimensional copies, a notice may be affixed
directly, durably, and permanently to:
+ The front or back of the copies;
+ Any backing, mounting, framing, or other material to which the
copies are durably attached, so as to withstand normal use. For
works reproduced in three-dimensional copies, a notice may be
affixed directly, durably, and permanently to:
+ Any visible portion of the work;
+ Any base, mounting, or framing or other material on which the copies
are durably attached.
For works on which it is impractical to affix a notice to the copies
directly or by means of a durable label, a notice is acceptable if it
appears on a tag or durable label attached to the copy so that it will
remain with it as it passes through commerce.
For works reproduced in copies consisting of sheet-like or strip
material bearing multiple or continuous reproductions of the work, such
as fabrics or wallpaper, the notice may be applied:
+ To the reproduction itself;
+ To the margin, selvage, or reverse side of the material at frequent
and regular intervals; or
+ If the material contains neither a selvage nor reverse side, to tags
or labels attached to the copies and to any spools, reels, or
containers housing them in such a way that the notice is visible in
commerce.
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OMISSION OF NOTICE AND ERRORS IN NOTICE
---------------------------------------
The 1976 Copyright Act attempted to ameliorate the strict consequences
of failure to include notice under prior law. It contained provisions
that set out specific corrective steps to cure omissions or errors in
notice. Under these provisions, an applicant had 5 years after
publication to cure omission of notice or certain errors. Although these
provisions are technically still in the law, their impact has been
limited by the Berne amendment making notice optional for all works
published on and after March 1, 1989. There may still be instances, such
as the defense of innocent infringement, where the question of proper
notice may be a factor in assessing damages in infringement actions.
Omission Of Notice
"Omission of notice" is publishing without a notice. In addition, some
errors are considered the same as omission of notice. These are:
+ A notice that does not contain the (the letter C in a circle
symbol), or the word "Copyright" or the abbreviation "Copr." or, if
the work is a sound recording, the symbol P (the letter P in a
circle);
+ A notice dated more than 1 year later than the date of first
publication;
+ A notice without a name or date that could reasonably be considered
part of the notice;
+ A notice that lacks the statement required for works consisting
preponderantly of U.S. Government material; and
+ A notice located so that it does not give reasonable notice of the
claim of copyright.
The omission of notice does not affect the copyright protection, and no
corrective steps are required if the work was published on or after
March 1, 1989. For works published between January 1, 1978, but before
March 1, 1989, no corrective steps are required if:
1. The notice is omitted from no more than a relatively small number of
copies or phonorecords distributed to the public; or
2. The omission violated an express written requirement that the
published copies or phonorecords bear the prescribed notice.
In all other cases of omission in works published before March 1, 1989,
to preserve copyright:
1. The work must have been registered before it was published in any
form or before the omission occurred, or it must have been registered
within 5 years after the date of publication without notice; and
2. The copyright owner must have made a reasonable effort to add the
notice to all copies or phonorecords that were distributed to the
public in the United States after the omission was discovered. If
these corrective steps were not taken, the work went into the public
domain in the United States 5 years after publication. At that time
all U.S. copyright protection was lost and cannot be restored.
Error in Year
If the copyright duration depends on the date of first publication and
the year given in the notice is earlier than the actual publication
date, protection may be shortened by beginning the term on the date in
the notice. (For later date in the notice, see "Omission of Notice.")
Example: A work made for hire is created in 1983 and is first published
in 1988. However, the notice contains the earlier year of 1987. In this
case, the term of copyright protection would be measured from the year
in the notice, and the expiration date would be 2082, 95 years from
1987.
Error in Name
When the person named in the notice is not the owner of copyright, the
error may be corrected by:
1. Registering the work in the name of the true owner;
*or*
2. Recording a document in the Copyright Office executed by the person
named in the notice that shows the correct ownership. Otherwise,
anyone who innocently infringes the copyright and can prove that he
or she was misled by the notice and obtained a transfer or license
from the person named in the notice may have a complete defense
against the infringement.
------------------------------------------------------------------------
MANDATORY DEPOSIT
All works under copyright protection and published in the United
States on or after March 1, 1989, are subject to mandatory deposit
whether published with or without a notice.
Works first published *before* March 1, 1989, are subject to mandatory
deposit if they were published in the United States with notice of
copyright. In general, within 3 months of publication in the United
States, the owner of copyright or of the exclusive right of publication
must deposit two copies (or, in the case of sound recordings, two
phonorecords) of the work in the Copyright Office for the use or
disposition of the Library of Congress.
The Copyright Office has issued regulations exempting certain categories
of works entirely from the mandatory de-posit requirements and reducing
the obligation for other categories. If copyright registration is
sought, the same deposit may be used for the mandatory deposit and for
registration. For further information about mandatory deposit, request
Circular 7d, "Mandatory Deposit of Copies or Phonorecords for the
Library of Congress."
------------------------------------------------------------------------
FOR MORE INFORMATION
Information via the Internet:
Frequently requested circulars, announcements, regulations, other
related materials, and all copyright application forms are available via
the Internet. You may access these via the Copyright Office homepage at
[http://www.loc.gov/copyright].
Information by Fax:
Circulars and other information (but not application forms) are
available from Fax-on-Demand at (202) 707-2600.
Information by telephone:
For information about copyright, call the Public Information Office at
(202) 707-3000. The TTY number is (202) 707-6737. Information
specialists are on duty in the Public Information Office from 8:30 a.m.
to 5:00 p.m. eastern time, Monday through Friday, except federal
holidays. Recorded information is available 24 hours a day. Or, if you
know which application forms and circulars you want, request them from
the Forms and Publications Hotline at (202) 707-9100 24 hours a day.
Leave a recorded message.
Information by regular mail:
Write to:
Library of Congress
Copyright Office
Public Information Office
101 Independence Avenue,
S.E. Washington, D.C. 20559-6000
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REV: June 1999
Format Note:
This electronic version has been altered slightly from the original
printed text for presentation on the World Wide Web. For a copy of the
original circular, consult the pdf version or write to Copyright Office,
101 Independence Avenue S.E., Washington, D.C. 20559-6000.
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04/04/2000
*****
United States Copyright Office
Circular 15
Renewal of Copyright
========================================================================
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IMPORTANT:
+ Public Law 102-307, enacted on June 26, 1992, amended the copyright law
to make renewal automatic and renewal registration optional for works
originally copyrighted between January 1, 1964, and December 31, 1977.
+ While this amendment to the current law makes renewal registration
optional for works copyrighted between January 1, 1964, and December
31, 1977, there are a number of incentives that encourage the filing of
a renewal application, especially during the 28th year of the copyright
term.
+ Public Law 105-298, enacted on October 27, 1998, amended the copyright
law to add 20 years to the copyright term.
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------------------
THE RENEWAL SYSTEM
------------------
Under the 1909 copyright law, works copyrighted in the United States
before January 1, 1978, were subject to a renewal system in which the
term of copyright was divided into two consecutive terms. Renewal
registration, within strict time limits, was required as a condition of
securing the second term and extending the copyright to its maximum
length.
On January 1, 1978, the current copyright law (title 17 of the United
States Code) came into effect in the United States. This law retained the
renewal system for works that were copyrighted before 1978 and were still
in their first terms on January 1, 1978. For these works the statute
provides for a first term of copyright protection lasting for 28 years,
with the possibility for a second term of 47 years. The 1992 amending
legislation automatically secures this second term for works copyrighted
between January 1, 1964, and December 31, 1977.
+ If a copyright originally secured before January 1, 1964, was not
renewed at the proper time, copyright protection expired at the end of
the 28th calendar year of the copyright 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 filing during the original term due
by December 31 of that year. An exception to this rule exists when the
copyright notice in the work contains a year date earlier than the year
date of first publication. In this case, the renewal filing period is
computed from the year date in the copyright notice. For example, a work
published January 20, 1975, contains a copyright notice reading
"Copyright 1974 by Anderson Homes." Compute the 28-year original term
from the year 1974.
To renew a copyright during the original copyright term, the renewal
application and fee must be received in the Copyright Office during the
28th year of the original term of copyright. All terms of original
copyright run through the end of the 28th calendar year making the period
for renewal registration in the original term from December 31 of the
27th year of the copyright through December 31 of the following year.
Note: The Copyright Office does not notify authors or claimants when the
copyrights in their works become eligible for renewal.
=====================
WHO MAY CLAIM RENEWAL
=====================
Renewal copyright may be claimed only by those persons specified in the
law.
A. The following persons may claim renewal in all types of works except
those enumerated in Paragraph B below:
1. The author, if living, may claim as the author.
2. If the author is dead, the widow or widower of the author, or the
child or children of the author, or both, may claim as the widow of the
author or the widower of the author and/or the child of the deceased
author or the children of the deceased author.
3. If there is no surviving widow, widower, or child, and the author left
a will, the author's executors may claim as the executors of the author.
4. If there is no surviving widow, widower, or child, and the author left
no will or the will has been discharged, the next of kin may claim as the
next of kin of the deceased author, there being no will.
B. Only in the case of the following four types of works may the
copyright proprietor (owner) claim renewal:
1. Posthumous work (a work published after the author's death as to which
no copyright assignment or other contract for exploitation has occurred
during the deceased author's lifetime). Renewal may be claimed as
proprietor of copyright in a posthumous work.
2. Periodical, cyclopedic, or other composite work. Renewal may be
claimed as proprietor of copyright in a composite work.
3. Work copyrighted by a corporate body otherwise than as assignee or
licensee of the individual author. Renewal may be claimed as proprietor
of copyright in a work copyrighted by a corporate body otherwise than as
assignee or licensee of the individual author. (This type of claim is
considered appropriate in relatively few cases.)
4. Work copyrighted by an employer for whom such work was made for hire.
Renewal may be claimed as proprietor of copyright in a work made for
hire.
For registration in the 28th year of the original copyright term, the
renewal claimant is the individual(s) or entity who is entitled to claim
renewal copyright on the date the application is filed.
For registration after the 28th year of the original copyright term, the
renewal claimant is the individual(s) or entity who is entitled to claim
renewal copyright on December 31 of the 28th year.
===============================
HOW TO REGISTER A RENEWAL CLAIM
===============================
APPLICATION FORM
Application for renewal registration must be filed on Form RE, which is
supplied by the Copyright Office on request. It is also available from
the Copyright Office Website at http://www.loc.gov/copyright.
RENEWAL FEE
The filing fee for a renewal application is $45*. If several applications
are submitted at the same time, a remittance for the total amount should
accompany them.
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*NOTE: Fees are effective through June 30, 2002. After that date, check
the Copyright Office Website at http://www.loc.gov/copyright or call
(202) 707-3000 for current fee information.
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All remittances should be in the form of drafts (that is, checks, money
orders, or bank drafts) payable to: Register of Copyrights. Do not send
cash. The Copyright Office cannot assume any responsibility for the loss
of currency sent in payment of copyright fees.
Drafts must be redeemable without service or exchange fee through a U.S.
institution, must be payable in U.S. dollars, and must be imprinted with
American Banking Association routing numbers.
If a check received in payment of the filing fee is returned to the
Copyright Office as uncollectible, the Copyright Office will cancel the
registration and will notify the applicant. The fee for processing a
renewal claim is nonrefundable, whether or not renewal registration is
ultimately made.
ORIGINAL AND RENEWAL REGISTRATION DURING THE 28TH YEAR
An original registration can be made only during the first 28-year term
of copyright protection. However, it is possible to make both an original
registration and a renewal registration during the 28th year of the
copyright term. This requires filing the appropriate basic application
form, accompanied by deposit copies and a $30* filing fee, and a Form RE
and a $45* filing fee.
RENEWAL REGISTRATION WITHOUT ORIGINAL REGISTRATION
A renewal registration may be made without making an original
registration during the 28th year of the original term. A renewal
application Form RE must be filed, accompanied by the Form RE Addendum, a
copy of the work as first published or appropriate identifying material
in accordance with the requirements of 37 CFR 202.20 and 202.21, and the
filing fee. (Request Circular 96 202.17 for further information.)
The information in the Form RE Addendum is necessary to establish that
copyright subsists in the original term which is capable of renewal. The
deposit copy facilitates the examination of the claim to copyright which
is submitted for renewal, and it is available for accession by the
Library of Congress to its collections for the benefit of the nation.
A single $60* fee will be required for a renewal registration using Form
RE and Form RE Addendum. Please contact the Renewals Section in the
Copyright Office for more information. Phone the Renewals Section at
(202) 707-8180 or fax at (202) 707-3849 or write to the Copyright Office
at:
Library of Congress
Copyright Office
Renewals Section, LM-449
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
============
NEW VERSIONS
============
Copyright in a new version of a previously copyrighted work (such as an
arrangement, translation, dramatization, compilation, or work republished
with new matter) covers only the additions, changes, or other new
material appearing for the first time in that version. The copyright
secured in a new version is independent of any copyright protection in
material published or copyrighted earlier, and the only "authors" of a
new version are those who contributed copyrightable matter to it. Thus,
for renewal purposes, the person who wrote the original version upon
which the new work is based cannot be regarded as an "author" of the new
version, unless that person also contributed to the new matter.
=====================================================
CONTRIBUTIONS TO PERIODICALS OR OTHER COMPOSITE WORKS
=====================================================
SEPARATE RENEWAL FOR A SINGLE CONTRIBUTION
Separate renewal registration is possible for a work published as a
contribution to a periodical, serial, or other composite work whether or
not the contribution was copyrighted independently or as part of the
larger work in which it appeared. Except in the cases described in the
next paragraph, each contribution published in a separate issue requires
a separate renewal registration.
RENEWAL FOR A GROUP OF CONTRIBUTIONS
+ Requirements for Group Renewal: A renewal registration using a single
application and $45*, plus $15* for each addendum, (if required) fee
can be made for a group of periodical contributions if all the
following five statutory conditions are met:
1. All the works were written by the same author, who is or was an
individual (not an employee for hire);
2. All of the works were first published as contributions to periodicals
(including newspapers) and were copyrighted on their first publication;
3. The renewal claimant or claimants and the basis of the claim or claims
are the same for all the works;
4. The renewal application and fee are received not less than 27 years
after the 31st day of December of the calendar year in which all the
works were first published; and
5. The renewal application identifies each work separately, including the
periodical containing it and the date of first publication.
+ TIME LIMITS FOR GROUP RENEWALS: To be renewed as a group, all the
contributions must have been first published during the same calendar
year. For example, suppose six contributions by the same author were
published on April 1, 1971; July 1, 1971; November 1, 1971; February 1,
1972; July 1, 1972; and March 1, 1973. The three 1971 copyrights can be
combined and renewed on the same Form RE at any time during 1999; the
two 1972 copyrights can be renewed as a group during 2000; but the 1973
copyright must be renewed by itself in 2001.
==============================
NOTICE OF RENEWAL OF COPYRIGHT
==============================
The Copyright Office is frequently asked whether the notice of copyright
should be changed on copies of a work issued during the renewal term. The
copyright law is silent on this point, and the continued use of the
original form of notice may therefore be considered appropriate. However,
a notice that also refers to the fact of renewal might be regarded as
more informative and, hence, preferable; for example:
Copyright 1972 Bobby Eroica Dupea
Copyright Renewed 1999 by Rayette Depesto
==============================
EFFECTIVE DATE OF REGISTRATION
==============================
A renewal registration is effective on the date the Copyright Office
receives all the required renewal elements in acceptable form, regardless
of how long it then takes to process the application and mail the
certificate of registration. The time the Copyright Office requires to
process an application varies, depending on the amount of material the
Office is receiving. Please keep in mind that it may take a number of
days for mailed material to reach the Copyright Office and for the
certificate of registration to reach the recipient after being mailed by
the Copyright Office.
If you file an application for renewal registration in the Copyright
Office, you will not receive an acknowledgment that your application has
been received, but you can expect:
+ A letter or telephone call from a copyright examiner or other staff
member if further information is needed;
+ A certificate of registration to indicate the renewal has been
registered;
+ If renewal registration cannot be made, a letter explaining why it has
been refused.
If you want to know when the Copyright Office receives your material,
send it by registered or certified mail and request a return receipt from
the U.S. Postal Service. Allow at least 4-6 weeks for the return of your
receipt.
If you need additional application forms for renewal registration, call
(202) 707-9100 anytime, day or night, to record your request on the
Copyright Office Forms and Publications Hotline. Please specify the
number of forms you need.
You may photocopy blank application forms; however, photocopied forms
submitted to the Copyright Office must be clear and legible on a good
grade of 8-1/2 inch by 11 inch white paper suitable for automatic feeding
through a photocopier. The forms should be printed, preferably in black
ink, head-to-head (so that when you turn the sheet over, the top of page
2 is directly behind the top of page 1). FORMS NOT MEETING THESE
REQUIREMENTS WILL BE RETURNED TO THE ORIGINATOR.
If, after reading this circular, you have additional questions about
renewal of copyright, you may call the Renewals Section of the Examining
Division at (202) 707-8180 or fax at (202) 707-3849 or write to the
Copyright Office at this address:
Library of Congress
Copyright Office
Renewals Section, LM-449
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
=======================
FOR FURTHER INFORMATION
=======================
INFORMATION VIA THE INTERNET: Frequently requested circulars,
announcements, regulations, other related materials, and all copyright
application forms are available via the Internet. You may access these
via the Copyright Office homepage at http://www.loc.gov/copyright.
INFORMATION BY FAX: Circulars and other information (but not application
forms) are available by Fax-on-Demand at (202)707-2600.
INFORMATION BY TELEPHONE: For general information about copyright, call
the Copyright Public Information Office at (202)707-3000. The TTY number
is (202)707-6737. Information specialists are on duty from 8:30 a.m. to
5:00 p.m., eastern time, Monday through Friday, except federal holidays.
Recorded information is available 24 hours a day. Or, if you know which
application forms and circulars you want, request them from the Forms and
Publications Hotline at (202)707-9100 24 hours a day. Leave a recorded
message.
Information by regular mail:
Write to:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
----------------------------------------------
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
http://www.loc.gov/copyright
REV: June 1999 -- 15,000
WEB REV: June 1999
U.S. GOVERNMENT PRINTING OFFICE: 1999-454-879/4
*****
United States Copyright Office
Circular 15t
Extension of Copyright Terms
========================================================================
========================
PURPOSE OF THIS CIRCULAR
========================
This circular will inform you of the provisions in the copyright statute
affecting the duration of subsisting copyrights and give you some
information with examples illustrating what these provisions mean. For
works copyrighted for the first time on or after January 1, 1978, the
statutory provisions governing the duration of protection are quite
different and are not included in this circular. For general information
about duration of copyright under the current law, request Circular 15a,
"Duration of Copyright."
=============================================================
EFFECT OF 1976 COPYRIGHT LAW WITH AMENDMENTS OF 1992 AND 1998
=============================================================
The Copyright Act of October 1976 (Public Law 94-553, 90 Stat. 2541,
amending title 17 of the United States Code), effective January 1, 1978,
has been amended to extend the term of copyright on two subsequent
occasions with the passage of the Copyright Amendments Act of 1992
(Public Law 102-307, 10 6 Stat. 266, amending section 304 of title 17 of
the United States Code), and the Sonny Bono Copyright Term Extension Act
of 1998 (Public Law 105-298, 112 Stat. 2827, amending chapter 3 of title
17 of the United States Code).
Public Law 102-307, enacted on June 26, 1992, amended the copyright law
to make renewal automatic and renewal registration optional for works
originally copyrighted between January 1, 1964, and December 31, 1977.
Public Law 105-298, enacted on October 27, 1998, added an additional 20
years to the overall term of copyright protection.
--2--
+ COPYRIGHTS ALREADY IN THEIR SECOND TERM ON JANYARY 1, 1978: The
duration of the copyright term has automatically been prolonged to
last for a total of 95 years. No further renewal registration is
necessary.
+ COPYRIGHTS IN THEIR FIRST TERM ON JANUARY 1, 1978: Renewal registration
was still necessary to obtain the second term for works copyrighted
between January 1, 1950, and December 31, 1963. Renewal registration is
optional for works copyrighted between January 1, 1964, and December
31, 1977. In both cases, the renewal copyright is longer than the term
in effect before 1978. The renewal term extends the copyright for a
full term of 95 years.
================================================================
COPYRIGHTS IN THEIR SECOND TERM: AUTOMATIC EXTENSION OF DURATION
================================================================
RENEWED COPYRIGHTS AUTOMATICALLY EXTENDED TO MAXIMUM OF 95 YEARS
Under the statute, copyrights that had already been renewed and were in
their second term at any time between December 31, 1976, and December 31,
1977, inclusive, were automatically extended in duration. The total
length of these copyrights is now 95 years from the end of the year in
which they were originally secured.
EXAMPLE: A work that was first copyrighted on April 10, 1923, and
renewed between April 10, 1950, and April 10, 1951, would formerly have
fallen into the public domain after April 10, 1979. The current law
extends this copyright through the end of 2018.
These second-term copyrights cannot be renewed again. Under the law,
their extension to the maximum 95-year term is automatic and requires no
action in the Copyright Office.
A SPECIAL SITUATION:
COPYRIGHTS REGISTERED FOR RENEWAL BETWEEN DECEMBER 31, 1976, AND
DECEMBER 31, 1977
The automatic extension also applied to copyrights that were the subject
of a renewal registration between December 31, 1976, and December 31,
1977, even though their second term was not scheduled to commence until
sometime in 1978.
EXAMPLE: A work was first copyrighted on July 29, 1950, and a renewal
registration was made on September 1, 1977. The second term of
copyright was automatically extended through the end of 2045 without
the need of any further renewal.
ANOTHER SPECIAL SITUATION:
COPYRIGHTS MORE THAN 56 YEARS OLD
The automatic extension applies not only to copyrights less than 56 years
old but also to older copyrights that have previously been extended in
duration under a series of Congressional enactments beginning in 1962.
[1] As in the case of all other copyrights subsisting in their second
term between December 31, 1976, and December 31, 1977, inclusive, these
copyrights will expire at the end of the calendar year in which the 95th
anniversary of the original date of copyright occurs, so long as the
copyright was still in its renewal phase at the time Public Law 105-298
became effective. [2]
EXAMPLE: A work that was first entered for copyright on October 5,
1907, and renewed in 1935, would formerly have fallen into the public
domain after October 5, 1963. The first Act extended the copyright to
December 31, 1965; the second Act extended it to December 31, 1967; the
third Act extended it to December 31, 1968; the fourth Act extended it
to December 31, 1969; the fifth Act extended it to December 31, 1970;
the sixth Act extended it to December 31, 1971; the seventh Act
extended it to December 31, 1972; the eighth Act extended it to
December 31, 1974; the ninth Act extended it to December 31, 1976, and
the Copyright Act of 1976 finally extended the copyright through the
end of 1982 (75 years from the end of the year in which the copyright
was originally secured).
==================================================================
COPYRIGHTS SECURED BETWEEN JANUARY 1, 1950, AND DECEMBER 31, 1963:
RENEWAL WAS NECESSARY
==================================================================
Copyrights whose first 28-year term of copyright was secured between
January 1, 1950, and December 31, 1963, including works protected in
their first term under the Universal Copyright Convention, still had to
be renewed within strict time limits in order to receive the maximum
statutory duration. U.S. adherence to the Berne Convention did not alter
this requirement. Renewal registration had to be made within a year
period beginning on December 31 of the
--3--
27th year of the copyright and running through December 31 of the
following year.
If a valid renewal registration was made at the proper time, the second
term lasts for 67 years. This is 39 years longer than the 28-year renewal
term provided under the 1909 law and makes the two terms of protection
for the renewed copyright last for a total of 95 years. However, if
renewal registration was not made within the statutory time limits, these
copyrights expired at the end of their first terms and protection was
lost permanently.
=================================================================
COPYRIGHTS SECURED BETWEEN JANUARY 1, 1964, AND DECEMBER 31, 1977
=================================================================
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.
==========================================================
OTHER STATUTORY PROVISIONS AFFECTING SUBSISTING COPYRIGHTS
==========================================================
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.
+ Exception: Under the provisions of the Uruguay Round Agreements Act
(URAA), certain foreign works whose U.S. copyright protection had been
lost because of non-compliance with formalities of U.S. law were
restored as of January 1, 1996. Such works may be registered using Form
GATT. For more information, request Circular 38b, "Highlights of
Copyright Amendments Contained in the Uruguay Round Agreements Act
(URAA-GATT)."
+ A work published before January 1, 1964, and originally copyrighted
within the past 75 years may still be protected by copyright if a valid
renewal registration was made during the 28th year of the first term of
the copyright. If renewed and if still valid under the other provisions
of the law, the copyright will now expire 95 years from the end of the
year in which it was first secured. Works published before January 1,
1923, have fallen into the public domain, but works published after
that date could still be protected by copyright if the copyright was
renewed by registration or automatically by law under Public Law
102-307.
=======================
FOR FURTHER INFORMATION
=======================
INFORMATION VIA THE INTERNET: Frequently requested circulars,
announcements, regulations, other related materials, and all copyright
application forms are available via the Internet. You may access these
via the Copyright Office homepage at http://www.loc.gov/copyright.
INFORMATION BY FAX: Circulars and other information (but not application
forms) are available by Fax-on-Demand at (202)707-2600.
INFORMATION BY TELEPHONE: For general information about copyright, call
the Copyright Public Information Office at (202)707-3000. The TTY number
is (202)707-6737. Information specialists are on duty from 8:30 a.m. to
5:00 p.m., eastern time, Monday through Friday, except federal holidays.
Recorded information is available 24 hours a day. Or, if you know which
application forms and circulars you want, request them from the Forms and
Publications Hotline at (202)707-9100 24 hours a day. Leave a recorded
message.
Information by regular mail: Write to:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
--------
ENDNOTES
1 The enactments were Public Laws 87-668, 89-142, 90-141, 90-416,
91-147, 91-555, 92-170, 92-566, and 93-573. Their effect was to extend
the second term of all renewed copyrights scheduled to expire between
September 19, 1962, and December 3, 1976, through the end of 1976.
2 Works published before January 1, 1923, would have fallen into the
public domain at the end of calendar year 1997. Consequently, these works
do not receive the additional 20 years of copyright protection created by
Public Law 105-298.
----------------------------------------------
U.S. GOVERNMENT PRINTING OFFICE: 1999-454-879/5
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
www.loc.gov/copyright
June 1999 -- 15,000
WEB REV: June 1999
*****
United States Copyright Office
Circular 22
How to Investigate the Copyright Status of a Work
========================================================================
IN GENERAL
Methods of Approaching & Copyright Investigation
There are several ways to investigate whether a work is under copyright
protection and, if so, the facts of the copyright. These are the main
ones:
1. Examine a copy of the work for such elements as a copyright notice,
place and date of publication, author and publisher. If the work is a
sound recording, examine the disk, tape cartridge, or cassette in which
the recorded sound is fixed, or the album cover, sleeve, or container in
which the recording is sold.
2. Make a search of the Copyright Office catalogs and other records; or
3. Have the Copyright Office make a search for you.
A Few Words of Caution About Copyright Investigations
Copyright investigations often involve more than one of these methods.
Even if you follow all three approaches, the results may not be
conclusive. Moreover, as explained in this circular, the changes brought
about under the Copyright Act of 1976, the Berne Convention
Implementation Act of 1988, the Copyright Renewal Act of 1992, and the
Sonny Bono Copyright Term Extension Act of 1998 must be considered when
investigating the copyright status of a work.
This circular offers some practical guidance on what to look for if you
are making a copyright investigation. It is important to realize,
however, that this circular contains only general information and that
there are a number of exceptions to the principles outlined here. In many
cases it is important to consult with a copyright attorney before
reaching any conclusions regarding the copyright status of a work.
---------------------------------------------------
HOW TO SEARCH COPYRIGHT OFFICE CATALOGS AND RECORDS
---------------------------------------------------
Catalog of Copyright Entries
The Copyright Office published the Catalog of Copyright Entries (CCE) in
printed format from 1891 through 1978. From 1979 through 1982 the CCE was
issued in microfiche format. The catalog was divided into parts according
to the classes of works registered. Each CCE segment covered all
registrations made during a particular period of time. Renewal
registrations made from 1979 through 1982 are found in Section 8 of the
catalog. Renewals prior to that time were generally listed at the end of
the volume containing the class of work to which they pertained.
A number of libraries throughout the United States maintain copies of the
Catalog, and this may provide a good starting point if you wish to make a
search yourself. There are some cases, however, in which a search of the
Catalog alone will not be sufficient to provide the needed information.
For example:
+ Because the Catalog does not include entries for assignments or other
recorded documents, it cannot be used for searches involving the
ownership of rights.
+ The Catalog entry contains the essential facts concerning a
registration, but it is not a verbatim transcript of the registration
record. It does not contain the address of the copyright claimant.
Effective with registrations made since 1982 when the CCE was
discontinued, the only method of searching outside the Library of
Congress is by using the Internet to access the automated catalog. The
automated catalog contains entries from 1978 to the present. Information
for accessing the catalog via the Internet is provided below.
Individual Searches of Copyright Records
The Copyright Office is located in the Library of Congress James Madison
Memorial Building, 101 Independence Avenue, S.E., Washington, D.C.
20559-6000.
Most Copyright Office records are open to public inspection and searching
from 8:30 a.m. to 5 p.m., eastern time, Monday through Friday, except
federal holidays.
The various records freely available to the public include an extensive
card catalog, an automated catalog containing records from 1978 forward,
record books, and microfilm records of assignments and related documents.
Other records, including correspondence files and deposit copies, are not
open to the public for searching.
However, they may be inspected upon request and payment of a $65 per hour
search fee. [1]
If you wish to do your own searching in the Copyright Office files open
to the public, you will be given assistance in locating the records you
need and in learning procedures for searching. If the Copyright Office
staff actually makes the search for you, a search fee must be charged.
The search will not be done while you wait. In addition, the following
files dating from 1978 forward are now available over the Internet: COHM,
which includes all material except serials and documents; COHD, which
includes documents; and COHS, which includes serials.
The Internet site addresses for the Copyright Office files are:
World Wide Web: www.loc.gov/copyright
Telnet: locis.loc.gov
Access to LOCIS requires Telnet support. If your online service provider
supports Telnet, you can connect to LOCIS through the World Wide Web or
directly by using Telnet.
The Copyright Office does not offer search assistance to users on the
Internet.
---------------------------------
SEARCHING BY THE COPYRIGHT OFFICE
---------------------------------
In General
Upon request, the Copyright Office staff will search its records at the
statutory rate of $65 [1] for each hour or fraction of an hour consumed.
Based on the information you furnish, we will provide an estimate of the
total search fee. If you decide to have the Office staff conduct the
search, you should send the estimated amount with your request. The
Office will then proceed with the search and send you a typewritten
report or, if you prefer, an oral report by telephone. If you request an
oral report, please provide a telephone number where you can be reached
from 8:30 a.m. to 5 p.m., eastern time.
Search reports can be certified on request for an extra fee of $65 per
hour. [1] Certified searches are most frequently requested to meet the
evidentiary requirements of litigation.
Your request and any other correspondence should be addressed to :
Library of Congress
Copyright Office
Reference and Bibliography Section, LM-451
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
Tel: (202) 707-6850
Fax: (202) 252-3485
TTY:(202) 707-6737
What the Fee Does Not Cover
The search fee does not include the cost of additional certificates,
photocopies of deposits, or copies of other Office records. For
information concerning these services, request Circular 6, "Obtaining
Access to and Copies of Copyright Office Records and Deposits."
Information Needed
The more detailed information you can furnish with your request, the less
expensive the search will be. Please provide as much of the following
information as possible:
+ The title of the work, with any possible variants
+ The names of the authors, including possible pseudonyms
+ The name of the probable copyright owner, which may be the publisher or
producer
+ The approximate year when the work was published or registered
+ The type of work involved (book, play, musical composition, sound
recording, photograph, etc.)
+ For a work originally published as a part of a periodical or
collection, the title of that publication and any other information,
such as the volume or issue number, to help identify it
+ The registration number or any other copyright data
Motion pictures are often based on other works such as books or
serialized contributions to periodicals or other composite works. *If
you desire a search for an underlying work or for music from a motion
picture, you must specifically request such a search. You must also
identify the underlying works and music and furnish the specific titles,
authors, and approximate dates of these works.*
Searches Involving Assignments and Other Documents Affecting Copyright
Ownership
For the standard hourly search fee, the Copyright Office staff will
search its indexes covering the records of assignments and other recorded
documents concerning ownership of copyrights. The reports of searches in
these cases will state the facts shown in the Office's indexes of the
recorded documents but will offer no interpretation of the content of the
documents or their legal effect.
-----------------------
LIMITATIONS ON SEARCHES
-----------------------
In determining whether or not to have a search made, you should keep the
following points in mind:
NO SPECIAL LISTS. The Copyright Office does not maintain any listings of
works by subject or any lists of works that are in the public domain.
CONTRIBUTIONS NOT LISTED SEPARATELY IN COPYRIGHT OFFICE RECORDS.
Individual works such as stories, poems, articles, or musical
compositions that were published as contributions to a copyrighted
periodical or collection are usually not listed separately by title in
our records.
NO COMPARISONS. The Copyright Office does not search or compare copies of
works to determine questions of possible infringement or to determine how
much two or more versions of a work have in common.
TITLES AND NAMES NOT COPYRIGHTABLE. Copyright does not protect names and
titles, and our records list many different works identified by the same
or similar titles. Some brand names, trade names, slogans, and phrases
may be entitled to protection under the general rules of law relating to
unfair competition. They may also be entitled to registration under the
provisions of the trademark laws. Questions about the trademark laws
should be addressed to the Commissioner of Patents and Trademarks,
Washington, D.C. 20231. Possible protection of names and titles under
common law principles of unfair competition is a question of state law.
NO LEGAL ADVICE. The Copyright Office cannot express any opinion as to
the legal significance or effect of the facts included in a search
report.
SOME WORDS OF CAUTION
Searches Not Always Conclusive
Searches of the Copyright Office catalogs and records are useful in
helping to determine the copyright status of a work, but they cannot be
regarded as conclusive in all cases. The complete absence of any
information about a work in the Office records does not mean that the
work is unprotected. The following are examples of cases in which
information about a particular work may be incomplete or lacking entirely
in the Copyright Office:
+ Before 1978, unpublished works were entitled to protection under
common law without the need of registration.
+ Works published with notice prior to 1978 may be registered at any
time within the first 28-year term.
+ Works copyrighted between January 1, 1964, and December 31, 1977, are
affected by the Copyright Renewal Act of 1992, which automatically
extends the copyright term and makes renewal registrations optional.
+ For works under copyright protection on or after January 1, 1978,
registration may be made at any time during the term of protection.
Although registration is not required as a condition of copyright
protection, there are certain definite advantages to registration. For
further information, request Circular 1, "Copyright Basics."
+ Since searches are ordinarily limited to registrations that have
already been cataloged, a search report may not cover recent
registrations for which catalog records are not yet available.
+ The information in the search request may not have been complete or
specific enough to identify the work.
+ The work may have been registered under a different title or as part of
a larger work.
Protection in Foreign Countries
Even if you conclude that a work is in the public domain in the United
States, this does not necessarily mean that you are free to use it in
other countries. Every nation has its own laws governing the length and
scope of copyright protection, and these are applicable to uses of the
work within that nation's borders. Thus, the expiration or loss of
copyright protection in the United States may still leave the work fully
protected against unauthorized use in other countries.
OTHER CIRCULARS
For further information, request Circular 6, "Obtaining Access to and
Copies of Copyright Office Records and Deposits"; Circular 15, "Renewal
of Copyright"; Circular 15a, "Duration of Copyright"; and Circular 15t,
"Extension of Copyright Terms," from:
Library of Congress
Copyright Office
Publications Section, LM-455
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
You may call the Forms and Publications Hotline (202) 707-9100 at any
time, day or night, to leave a recorded request for forms or circulars.
Requests are filled and mailed promptly.
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IMPACT OF COPYRIGHT ACT ON COPYRIGHT INVESTIGATIONS
---------------------------------------------------
On October 19, 1976, the President signed into law a complete revision of
the copyright law of the United States (title 17 of the United States
Code). Most provisions of this statute came into force on January 1,
1978, superseding the copyright act of 1909. These provisions made
significant changes in the copyright law. Further important changes
resulted from the Berne Convention Implementation Act of 1988, which took
effect March 1, 1989; the Copyright Renewal Act of 1992 (P.L. 102-307)
enacted June 26, 1992, which amended the renewal provisions of the
copyright law; and the Sonny Bono Copyright Term Extension Act of 1998
(P.L. 105-298) enacted October 27, 1998, which extended the term of
copyrights for an additional 20 years.
If you need more information about the provisions of either the 1909 or
the 1976 law, write or call the Copyright Office. For information about
the Berne Convention Implementation Act, request Circular 93, "Highlights
of U.S. Adherence to the Berne Convention." For information about
renewals, request Circular 15, "Renewal of Copyright." For information
about the Sonny Bono Copyright Term Extension Act, request SL-15, "New
Terms for Copyright Protection." Copies of the law are now $14.00 each.
Request "Copyright Law, Circular 92," (stock number is changed to
030-002-00195-1) from:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
Tel: (202) 512-1800
Fax: (202) 512-2250
For copyright investigations, the following points about the impact of
the Copyright Act of 1976, the Berne Convention Implementation Act of
1988, and the Copyright Renewal Act of 1992 should be considered:
A Changed System of Copyright Formalities
Some of the most sweeping changes under the 1976 Copyright Act involve
copyright formalities, that is, the procedural requirements for securing
and maintaining full copyright protection. The old system of formalities
involved copyright notice, deposit and registration, recordation of
transfers and licenses of copyright ownership, and United States
manufacture, among other things. In general, while retaining formalities,
the 1976 law reduced the chances of mistakes, softened the consequences
of errors and omissions, and allowed for the correction of errors.
The Berne Convention Implementation Act of 1988 reduced formalities, most
notably making the addition of the previously mandatory copyright notice
optional. It should be noted that the amended notice requirements are not
retroactive.
The Copyright Renewal Act of 1992, enacted June 26, 1992, automatically
extends the term of copyrights secured between January 1, 1964, and
December 31, 1977, making renewal registration optional. Consult Circular
15, "Renewal of Copyright," for details. For additional information, you
may contact the Renewals Section.
Tel: (202) 707-8180
Fax: (202) 707-3849
Automatic Copyright
Under the present copyright law, copyright exists in original works of
authorship created and fixed in any tangible medium of expression, now
known or later developed, from which they can be perceived, reproduced,
or otherwise communicated, either directly, or indirectly with the aid of
a machine or device. In other words, copyright is an incident of creative
authorship not dependent on statutory formalities. Thus, registration
with the Copyright Office generally is not required, but there are
certain advantages that arise from a timely registration. For further
information on the advantages of registration, write or call the
Copyright Office and request Circular 1, "Copyright Basics."
Copyright Notice
The 1909 Copyright Act and the 1976 Copyright Act as originally enacted
required a notice of copyright on published works. For most works, a
copyright notice consisted of the symbol (C in a circle), the word
"Copyright," or the abbreviation "Copr.," together with the name of the
owner of copyright and the year of first publication. For example: "(C in
a circle symbol) Joan Crane 1994" or "Copyright 1994 by Abraham Adams."
For sound recordings published on or after February 15, 1972, a copyright
notice might read "1994 XYZ Records, Inc." See below for more information
about sound recordings.
For mask works, a copyright notice might read "(C in a circle symbol) SDR
Industries." Request Circular 100, "Federal Statutory Protection for Mask
Works," for more information.
As originally enacted, the 1976 law prescribed that all visually
perceptible published copies of a work, or published phonorecords of a
sound recording, should bear a proper copyright notice. This applies to
such works published before March 1, 1989. After March 1, 1989, notice of
copyright on these works is optional. Adding the notice, however, is
strongly encouraged and, if litigation involving the copyright occurs,
certain advantages exist for publishing a work with notice.
Prior to March 1, 1989, the requirement for the notice applied equally
whether the work was published in the United States or elsewhere by
authority of the copyright owner. Compliance with the statutory notice
requirements was the responsibility of the copyright owner. Unauthorized
publication without the copyright notice, or with a defective notice,
does not affect the validity of the copyright in the work.
Advance permission from, or registration with, the Copyright Office is
not required before placing a copyright notice on copies of the work or
on phonorecords of a sound recording. Moreover, for works first published
on or after January 1, 1978, through February 28, 1989, omission of the
required notice, or use of a defective notice, did not result in
forfeiture or outright loss of copyright protection. Certain omissions
of, or defects in, the notice of copyright, however, could have led to
loss of copyright protection if steps were not taken to correct or cure
the omissions or defects. The Copyright Office has issued a final
regulation (37 CFR 201.20) that suggests various acceptable positions for
the notice of copyright. For further information, write to the Copyright
Office and request Circular 3, "Copyright Notice", and Circular 96,
Section 201.20, "Methods of Affixation and Positions of the Copyright
Notice on Various Types of Works."
Works Already in the Public Domain
Neither the 1976 Copyright Act, the Berne Convention Implementation Act
of 1988, the Copyright Renewal Act of 1992, nor the Sonny Bono Copyright
Term Extension Act of 1998 will restore protection to works that fell
into the public domain before the passage of the laws. However, the North
American Free Trade Agreement Implementation Act (NAFTA) and the Uruguay
Round Agreements Act (URAA) may restore copyright in certain works of
foreign origin that were in the public domain in the United States. Under
the copyright law in effect prior to January 1, 1978, copyright could be
lost in several situations. The most common were publication without the
required notice of copyright, expiration of the first 28-year term
without renewal, or final expiration of the second copyright term. The
Copyright Renewal Act of 1992 automatically renews first term copyrights
secured between January 1, 1964, and December 31, 1977.
Scope of Exclusive Rights Under Copyright
The present law has changed and enlarged in some cases the scope of the
copyright owner's rights. The new rights apply to all uses of a work
subject to protection by copyright after January 1, 1978, regardless of
when the work was created.
--------------------------------
DURATION OF COPYRIGHT PROTECTION
--------------------------------
Works Originally Copyrighted On or After January 1, 1978
A work that is created and fixed in tangible form for the first time on
or after January 1, 1978, is automatically protected from the moment of
its creation and is ordinarily given a term enduring for the author's
life plus an additional 70 years after the author's death. In the case of
"a joint work prepared by two or more authors who did not work for hire,"
the term lasts for 70 years after the last surviving author's death. For
works made for hire and for anonymous and pseudonymous works (unless the
author's identity is revealed in the Copyright Office records), the
duration of copyright will be 95 years from publication or 120 years from
creation, whichever is less. Works created before the 1976 law came into
effect but neither published nor registered for copyright before January
1, 1978, have been automatically brought under the statute and are now
given federal copyright protection. The duration of copyright in these
works will generally be computed in the same way as for new works: the
life-plus-70 or 95/120-year terms will apply. However, all works in this
category are guaranteed at least 25 years of statutory protection.
Works Copyrighted Before January 1, 1978
Under the law in effect before 1978, copyright was secured either on the
date a work was published with notice of copyright or on the date of
registration if the work was registered in unpublished form. In either
case, copyright endured for a first term of 28 years from the date on
which it was secured. During the last (28th) year of the first term, the
copyright was eligible for renewal. The copyright law extends the renewal
term from 28 to 67 years for copyrights in existence on January 1, 1978.
However, for works copyrighted prior to January 1, 1964, the copyright
still must have been renewed in the 28th calendar year to receive the
67-year period of added protection. The amending legislation enacted June
26, 1992, automatically extends this second term for works first
copyrighted between January 1, 1964, and December 31, 1977. For more
detailed information on the copyright term, write or call the Copyright
Office and request Circular 15a, "Duration of Copyright," and Circular
15t, "Extension of Copyright Terms."
-------------------------------------------------------
WORKS FIRST PUBLISHED BEFORE 1978: THE COPYRIGHT NOTICE
-------------------------------------------------------
GENERAL INFORMATION ABOUT THE COPYRIGHT NOTICE
In investigating the copyright status of works first published before
January 1, 1978, the most important thing to look for is the notice of
copyright. As a general rule under the previous law, copyright protection
was lost permanently if the notice was omitted from the first authorized
published edition of a work or if it appeared in the wrong form or
position. The form and position of the copyright notice for various types
of works were specified in the copyright statute. Some courts were
liberal in overlooking relatively minor departures from the statutory
requirements, but a basic failure to comply with the notice provisions
forfeited copyright protection and put the work into the public domain in
this country.
ABSENCE OF COPYRIGHT NOTICE
For works first published before 1978, the complete absence of a
copyright notice from a published copy generally indicates that the work
is not protected by copyright. For works first published before March 1,
1989, the copyright notice is mandatory, but omission could have been
cured by registration before or within 5 years of publication and by
adding the notice to copies published in the United States after
discovery of the omission. Some works may contain a notice, others may
not. The absence of a notice in works published on or after March 1,
1989, does not necessarily indicate that the work is in the public
domain.
UNPUBLISHED WORKS. No notice of copyright was required on the copies of
any unpublished work. The concept of "publication" is very technical, and
it was possible for a number of copies lacking a copyright notice to be
reproduced and distributed without affecting copyright protection.
FOREIGN EDITIONS. In the case of works seeking ad interim copyright [2],
copies of a copyrighted work were exempted from the notice requirements
if they were first published outside the United States. Some copies of
these foreign editions could find their way into the United States
without impairing the copyright.
ACCIDENTAL OMISSION. The 1909 statute preserved copyright protection if
the notice was omitted by accident or mistake from a "particular copy or
copies." Unauthorized Publication. A valid copyright was not secured if
someone deleted the notice and/or published the work without
authorization from the copyright owner.
SOUND RECORDINGS. Reproductions of sound recordings usually contain two
different types of creative works: the underlying musical, dramatic, or
literary work that is being performed or read and the fixation of the
actual sounds embodying the performance or reading. For protection of
the underlying musical or literary work embodied in a recording, it is
not necessary that a copyright notice covering this material appear on
the phonograph records or tapes on which the recording is reproduced. As
noted above, a special notice is required for protection of the recording
of a series of musical, spoken, or other sounds that were fixed on or
after February 15, 1972. Sound recordings fixed before February 15, 1972,
are not eligible for federal copyright protection. The Sound Recording
Act of 1971, the present copyright law, and the Berne Convention
Implementation Act of 1988 cannot be applied or be construed to provide
any retroactive protection for sound recordings fixed before February 15,
1972. Such works, however, may be protected by various state laws or
doctrines of common law.
THE DATE IN THE COPYRIGHT NOTICE
If you find a copyright notice, the date it contains may be important in
determining the copyright status of the work. In general, the notice on
works published before 1978 must include the year in which copyright was
secured by publication or, if the work was first registered for copyright
in unpublished form, the year in which registration was made. There are
two main exceptions to this rule.
1. For pictorial, graphic, or sculptural works (Classes F through K under
the 1909 law), the law permitted omission of the year date in the
notice.
2. For "new versions" of previously published or copyrighted works, the
notice was not usually required to include more than the year of first
publication of the new version itself. This is explained further under
"Derivative Works" below.
The year in the notice usually (though not always) indicated when the
copyright began. It is, therefore, significant in determining whether a
copyright is still in effect; or, if the copyright has not yet run its
course, the year date will help in deciding when the copyright is
scheduled to expire. For further information about the duration of
copyright, request Circular 15a, "Duration of Copyright." In evaluating
the meaning of the date in a notice, you should keep the following points
in mind:
WORKS PUBLISHED AND COPYRIGHTED BEFORE JANUARY 1, 1978: A work published
before January 1, 1978, and copyrighted within the past 75 years may
still be protected by copyright in the United States if a valid renewal
registration was made during the 28th year of the first term of the
copyright. If renewed by registration or under the Copyright Renewal Act
of 1992 and if still valid under the other provisions of the law, the
copyright will expire 95 years from the end of the year in which it was
first secured.
Therefore, the U.S. copyright in any work published or copyrighted prior
to January 1, 1923, has expired by operation of law, and the work has
permanently fallen into the public domain in the United States. For
example, on January 1, 1997, copyrights in works first published or
copyrighted before January 1, 1922, have expired; on January 1, 1998,
copyrights in works first published or copyrighted before January 1,
1923, have expired. Unless the copyright law is changed again, no works
under protection on January 1, 1999 will fall into the public domain in
the United States until January 1, 2019.
WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1923, AND
DECEMBER 31, 1949, BUT NOT RENEWED: If a work was first published or
copyrighted between January 1, 1923, and December 31, 1949, it is
important to determine whether the copyright was renewed during the last
(28th) year of the first term of the copyright. This can be done by
searching the Copyright Office records or catalogs as explained
previously. If no renewal registration was made, copyright protection
expired permanently at the end of the 28th year of the year date it was
first secured.
WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1923, AND
DECEMBER 31, 1949, AND REGISTERED FOR RENEWAL: When a valid renewal
registration was made and copyright in the work was in its second term on
December 31, 1977, the renewal copyright term was extended under the
latest act to 67 years. In these cases, copyright will last for a total
of 95 years from the end of the year in which copyright was originally
secured. Example: Copyright in a work first published in 1925 and renewed
in 1953 will expire on December 31, 2020.
WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1950, AND
DECEMBER 31, 1963: If a work was in its first 28-year term of copyright
protection on January 1, 1978, it must have been renewed in a timely
fashion to have secured the maximum term of copyright protection. If
renewal registration was made during the 28th calendar year of its first
term, copyright would endure for 95 years from the end of the year
copyright was originally secured. If not renewed, the copyright expired
at the end of its 28th calendar year.
WORKS FIRST PUBLISHED OR COPYRIGHTED BETWEEN JANUARY 1, 1964, AND
DECEMBER 31, 1977: If a work was in its first 28-year term of copyright
protection on June 26, 1992, renewal registration is now optional. The
term of copyright for works published or copyrighted during this time
period has been extended to 95 years by the Copyright Renewal Act of 1992
and the Sonny Bono Term Extension Act of 1998. There is no need to make
the renewal filing to extend the original 28-year copyright term to the
full 95 years.
However, there are several advantages to making a renewal registration
during the 28th year of the original term of copyright. If renewal
registration is made during the 28th year of the original term of
copyright, the renewal copyright vests in the name of the renewal
claimant on the effective date of the renewal registration; the renewal
certificate 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; and, the right to use the derivative work in the
extended term may be affected. Request Circular 15, "Renewal of
Copyright," for further information.
UNPUBLISHED, UNREGISTERED WORKS: Before 1978, if a work had been neither
"published" in the legal sense nor registered in the Copyright Office, it
was subject to perpetual protection under the common law. On January 1,
1978, all works of this kind, subject to protection by copyright, were
automatically brought under the federal copyright statute. The duration
of copyright for these works can vary, but none of them will expire
before December 31, 2002.
DERIVATIVE WORKS
In examining a copy (or a record, disk, or tape) for copyright
information, it is important to determine whether that particular version
of the work is an original edition of the work or a "new version." New
versions include musical arrangements, adaptations, revised or newly
edited editions, translations, dramatizations, abridgments, compilations,
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