ts and, to the extent
the Register considers practicable, on data contained in any of the
records of the Copyright Office or in other reference sources.
(e) Presumption as to Author's Death. After a period of 95 years from
the year of first publication of a work, or a period of 120 years from
the year of its creation, whichever expires first, any person who
obtains from the Copyright Office a certified report that the records
provided by subsection (d) disclose nothing to indicate that the author
of the work is living, or died less than 70 years before, is entitled to
the benefit of a presumption that the author has been dead for at least
70 years. Reliance in good faith upon this presumption shall be a
complete defense to any action for infringement under this title.
Section 303. Duration of copyright: Works created but not published or
copyrighted before January 1, 1978 [5]
(a) Copyright in a work created before January 1, 1978, but not
theretofore in the public domain or copyrighted, subsists from January
1, 1978, and endures for the term provided by section 302. In no case,
however, shall the term of copyright in such a work expire before
December 31, 2002; and, if the work is published on or before December
31, 2002, the term of copyright shall not expire before December 31,
2047.
(b) The distribution before January 1, 1978, of a phonorecord shall not
for any purpose constitute a publication of the musical work embodied
therein.
Section 304. Duration of copyright: Subsisting copyrights [6]
(a) Copyrights in Their First Term on January 1, 1978.
(1)(A) Any copyright, in the first term of which is subsisting on
January 1, 1978, shall endure for 28 years from the date it was
originally secured.
(B) In the case of-
(i) any posthumous work or of any periodical, cyclopedic, or other
composite work upon which the copyright was originally secured by the
proprietor thereof, or
(ii) any work copyrighted by a corporate body (otherwise than as
assignee or licensee of the individual author) or by an employer for
whom such work is made for hire,
the proprietor of such copyright shall be entitled to a renewal and
extension of the copyright in such work for the further term of 67
years.
(C) In the case of any other copyrighted work, including a contribution
by an individual author to a periodical or to a cyclopedic or other
composite work-
(i) the author of such work, if the author is still livin
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