sed
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.

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RENEWAL FILING PERIOD
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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case of works originally registered in unpublished form, copyright began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 d