Under this act, registration for the original term is not required. When a work was not registered for the original term, a renewal with addendum registration is required to demonstrate that the work as first published complied with all requirements of the Copyright Act of 1909 with respect to the existence, ownership, or duration of the copyright.
2106 Renewal Registration Before Expiration of Original Term Is Optional
Before the Copyright Renewal Act of 1992, renewal registration could only be made during the last year of the original term and was required to extend copyright into the renewal term. Under this act, renewal registration during the last year of the original term is optional. However, to encourage authors and proprietors to continue to do so, the act provides benefits for timely renewal registration.
NOTE: The last day when a timely renewal registration could be received was Tuesday, January 3, 2006, the first day of business following Saturday, December 31, 2005, when the original term ended for works that secured statutory copyright in 1977.
2107 Benefits Secured by Timely Renewal Registration
The Copyright Renewal Act of 1992 provides the following benefits for timely renewal registration:
• The certificate of renewal registration constitutes prima facie evidence as to the validity of the copyright during its renewal term, and of the facts stated in the certificate.
• A derivative work made before the expiration of the original term of copyright under the authority of a grant of a transfer or license of copyright cannot continue to be used under the terms of the grant during the renewal term without the authority of the owner of the renewal copyright.
• The timely renewal registration determined in whom the renewal copyright would vest upon the beginning of the renewal term. For a discussion of this issue, see Section 2115.5(D).
2108 Renewal Registration Is Possible Through Renewal and Extended Terms
An application to register a renewal claim may be filed "within 1 year before the expiration of the original term of copyright" and "at any time during the renewed and extended term." 17 U.S.C. § 304(a)(3)(A).
2109 Benefits of Renewal Term Registration
Renewal term registration does not secure the benefits secured by timely renewal registration; however, such registration is required to proceed with an infringement case when a work was not registered for the original term. It also provides information about the party in whom the renewal copyright vested at the beginning of the renewal term, and may provide information about the current owner of the renewal copyright.
Chapter 2100 : 12
12/22/2014
