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Compendium of U.S. Copyright Office Practices, Third Edition

2116.5(E) Based on First Publication

If the work was first published before January 1, 1978, the deposit requirement is one complete copy or phonorecord of the best edition as first published. However, if the work was first published on or after January 1, 1978 the deposit requirement is one complete copy or phonorecord of the work as first published, or one complete copy of the best edition available at the time of registration, along with other identifying material from the work as first published to prove that the work as first published met all statutory requirements to maintain the copyright secured by registration of the unpublished work. If the best edition is not identical to the work as first published see Sections 2116.5[B)[2) and 2116.5(B)(3).

2116.6 Verification of Copyright Notice

Generally, renewal registration of a published work is premised on these facts:

• The full original term of copyright was secured upon first publication with the statutory or U.C.C. notice [or soon thereafter by securing ad interim copyright, during which the work was manufactured and published in the United States with the required copyright notice); and

• Statutory copyright has been maintained uninterrupted through the full original term and into the renewal term, and subsists at the time of renewal registration.

The U.S. Copyright Office requires written verification of these facts by a knowledgeable source. For information about notice requirements under the Copyright Act of 1909, see U.S. Copyright Office, Compendium of U.S. Copyright Office Practices Chs. 4, 8.2, & Supplementary Practice Nos. 18, 19, 27, 29, 35 & 37 [1st ed. 1973), available a t http:/ / copyright.gov/ comp3 / chap2 1 00/ doc/appendixA-noticerequirements.pdf. Regarding the notice requirements for specific classes of works, see Part IV.

2117 Effective Date of Renewal Registration

The effective date of renewal registration is established when all of the elements required for renewal registration are received [filing fees, Form RE, Form RE/Addendum, if necessary, deposit materials, if any), and Form RE identifies the work by title or original registration number, and identifies at least one vested owner. If the initial deposit material is not in an acceptable format, but is accessible for examining purposes and contains all of the copyrightable authorship claimed, the effective date of the renewal registration will not be affected.

PART IV CLASSES OF WORKS AND RELATED REGISTRATION ISSUES

This Part focuses on issues related to renewal claims in specific classes of works. Some issues arise from the original registration record; others arise when published works were not registered for the original term.

Chapter 2100 : 41

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Chapter _00 : 41
12/22/2014