NG SUBSISTING COPYRIGHTS
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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.
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A CHECKLIST OF POINTS TO REMEMBER
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+ 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 inf
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