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

considered to be a "joint work" only as this concept found its way into the Copyright Act of 1976. For a general discussion of joint works, see Chapter 500, Section 505.

Knowledgeable source. For renewal registration purposes, an author of record or original copyright claimant, or a representative of such parties, or a third party having personal knowledge or access to documents relating to the creation and publication of a work, such as an editorial officer of the original publishing house or the producer of a motion picture.

Manufacturing clause. Section 16 of the Copyright Act of 1909 (as revised in 1954] required that most English language books and periodicals be printed and bound in the United States to secure the full original term of copyright. Copyright Act of 1909, amended by Pub. L. No. 83-743, § 9(c), 68 Stat. 1030, 1031 (1954). These works had to be printed from type set by hand or typesetting equipment in the United States or from plates made in the United States, or the lithographic or photoengraving processes had to be performed in the United States and they had to be printed and bound in the United States. The requirement also applied (with exceptions) to separate prints and labels, and to pictorial illustrations first published in books. If such works, or portions of them, were not manufactured in the United States, renewal registration is not possible. As carried into the Copyright Act of 1976, the clause applied only to published English language nondramatic literary material, prohibiting, except under certain conditions, the importation and public distribution in the United States of copies that were not manufactured in the United States or Canada. It no longer had an effect on securing copyright in such works, or the term of copyright. The clause was allowed to expire on June 30, 1986 and was repealed in 2010. See Pub. L. No. 97-215, 96 Stat. 178, 178 (1982); Copyright Cleanup, Clarification, and Corrections Act of 2010, Pub. L. No. 111- 295, § 4(a), 124 Stat. 3180, 3180 (2010). For a general discussion of the manufacturing clause, see Section 2124.

Motion picture. A series of pictures presenting to the eye the illusion of motion, which pictures are projected on a screen or transmitted by means of television or otherwise, and have as their origin a series of connected pictures on film or other recording media. Motion pictures were classified for registration purposes before 1978 as "photoplays" or "other than photoplays." This description grew out of the early silent films, and as late as 1973 the U.S. Copyright Office took no position on whether a copyright in a motion picture covered the integrated soundtrack portion of the work. In 1975, the Office took the position, for registration purposes, that any copyrightable component part of a motion picture soundtrack is considered an integral part of a motion picture. See 37 C.F.R. § 202.15 (1975); Motion Picture Soundtracks, 40 Fed. Reg. 12,500, 12,501 (Mar. 19, 1975).

Multimedia work. A work which combines two or more kinds of authorship in two or more media.

Next of kin. Blood relatives of the author. For renewal registration purposes, one of the statutory classes which may be entitled to claim the renewal copyright. A blood relative may claim as "next of kin" of the deceased author, provided the deceased author was not survived by a widow or widower or child or children and did not leave a will.

Chapter 2100 : 79

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Chapter _00 : 79
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