r 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.
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THE EFFECT OF THE 1992 AND THE 1998 AMENDMENTS ON RENEWAL OF COPYRIGHT
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+ 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 decea
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