Chapter 1300
RENEWAL OF COPYRIGHT
Outline of Topics
1301 Background.
1301.01 Works copyrighted before January 1, 1978.
1302 Time limits for renewal.
1302.01 Informal applications.
1303 Computing term for published works.
1303.01 Antedated notice.
1303.02 Postdated notice.
1304 Computing term for unpublished works.
1305 Amendment after deadline.
1306 Date of receipt.
1306.01 Delay in delivery caused by disruption of
postal or other services.
1307 Application received before the renewal year.
1308 Application received after the renewal year.
1309 Original registration.
1309.01 Exception to requirement for original regis-
tration.
1310 Contributions to periodicals and composite works.
1310.01 First publication basis.
1310.02 Separate claims.
1310.03 Identification of composite work.
1310.04 Different claimants.
1310.05 Group registrations.
-1 -
[1984]
Chapter 1300
Renewal of Copyright
Outline of Topics -2 -
1311 Works first published abroad in English.
311.01 Both editions registered.
311.02 Single renewal application.
311.03 Separate applications.
311.04 Installments.
311.05 Foreign edition never registered.
311.06 No U.S. edition.
1312 Renewal claimants: authors and their successors.
1313 Renewal claimants: authors.
313.01 Author still living.
313.02 Author's name not in records of original regis-
tration.
313.03 Term "author" defined for renewal purposes.
1314 Renewal claimants: widows, widowers, and children.
314.01 Single class.
314.02 Definition of widow or widower.
314.03 Definition of children.
1315 Renewal claimants: executors.
1315.01 Qualification.
315.02 Personal right.
.315.03 Intestate.
1316 Renewal claimants: next of kin.
1316.01 Definition.
1316.02 Will but no executor.
1317 Renewal claimants: proprietors.
.317.01 Definition.
.317.02 Derivation of title.
.317.03 Posthumous works.
.317.04 Composite works.
.317.05 Individual contributions.
.317.06 Corporate body.
.317.07 Employer in the case of a work made for hire.
[1984]
Chapter 1300
Renewal of Copyright
Outline of Topics -3 –
1318 Joint renewal claimants.
1318.01 Several claimants, same application.
1318.02 Later application, same work.
1318.03 Adverse claims.
1318.04 Adverse claims: conflicts concerning the author
and the author's successors.
1318.05 Adverse claims: conflicts concerning proprietors,
authors, and authors' successors.
1319 Unacceptable renewal claims.
1319.01 Personal right.
1319.02 Deceased person.
1319.03 Claimants not named, only status given.
1319.04 Claimant fails to qualify.
1319.05 Successors or representatives of claimants.
1319.06 Assignment of renewal interests.
1319.07 Extent of claim.
[1984]
Chapter 1300
RENEWAL OF COPYRIGHT
1301 Background. The copyright law of 1909, as amended,
provided for copyright protection for an initial
term of 28 years, with the possibility of a renewal
term of statutory protection if a claim to renewal
copyright was registered in the Copyright Office
during the last year of the first term. However,
a new copyright statute came into full effect on
January I, 1978; among other things, the new law
makes important changes concerning the length of
copyright protection; for works that are copy-
righted for the first time on or after January I,
1978, it establishes a single copyright term.
Nevertheless, under the new law, works originally
copyrighted before January I, 1978, must still be
renewed in order to obtain the fullest period of
copyright protection allowed by the law for such
works. This chapter is applicable only to those
works.
1301.01 Works copyrighted before January 1, 1978.
Section 304 a of the copyright law provides
that "any copyright, the first term of which is
subsisting on January I, 1978," endures for 28
years from the date it was originally secured,
and that a renewal term of copyright lasting 47
years, can be secured by certain designated
claimants if an application for renewal is made
to the Copyright Office "within one year prior
to the expiration of the original term of copy-
right." The law specifies that all such terms
of copyright run to the end of the calendar
year in which they would otherwise expire. See
17 U.S.C. 305. This not only affects the dura-
tion of copyright; it also affects the time
limits for renewal registration. See section
1302 below.
NOTE: For works that were in their renewal term
of copyright on December 31, 1977, the law auto-
matically extended the copyright to last for a
total of 75 years (a first term of 28 years
plus a renewal term of 47 years) measured from
[1984]
1300-2
1301 Background. (cont'd)
301.01 Works copyrighted before January 1, 1978
(cont'd)
the end of the year in which the copyright was
originally secured: no additional renewal is
necessary for such works.
1302 Time limits for renewal. A copyright may be
renewed for a renewal term of 47 years, provided
that an acceptable application and fee are received
in the Copyright Office or elsewhere in the Library
of Congress during the year immediately preceding
the expiration date of the original term of copy-
right. See 17 U.S.C. 304(a).
* Unless the required application and fee are
received during the prescribed period before the
first term of copyright expires, the copyright
in the work terminates at the expiration of 28
years from the end of the calendar year in which
copyright was originally secured.
* The Copyright Office has no discretion to
extend the renewal time limits.
See 37 C.F.R. 202.17(c)(I).
302.01 Informal applications. Whenever a renewal
applicant has cause to believe that a formal
application for renewal (Form RE) (and in the
case of works in which U.S. copyright subsists
by virtue of section 9(c) of title 17, U.S.C.,
in effect on December 31, 1977, an accompany-
ing affidavit and submission relating to the
subsistence of first-term copyright), if sent
to the Copyright Office by mail, might not be
received in the Copyright Office before expira-
tion of the statutory time limits the appli-
cant may apply for renewal registration by
telegraphic or similar unsigned written
communication. An application made by this
method only will be accepted if:
[1984]
1300-3
1302 Time limits for renewals. (cont'd)
1302.01 Informal applications. (cont'd)
(1) the message is received in the Copyright
Office within the specified time limits:
(2) the applicant adequately identifies
the work involved, the date of first
publication or original registration, the
name and address of the renewal claimant,
and the statutory basis of the renewal
claim:
(3) the fee for renewal registration, if not
already on deposit, is received in the
Copyright Office before the time for
renewal registration has expired: and
(4) a formal application for renewal (Form RE)
(and in the case of works in which u.s.
copyright subsists by virtue of section
9(c) of title 17, U.S.C., in effect on
December 31, 1977, as provided in 37
C.F.R. 202.17(d)(2), an accompanying
affidavit and submission relating to sub-
sistence of the first-term copyright) are
also received in the Copyright Office
before February 1 of the following year.
See 37 C.F.R. 202.17(c)(3).
1303 Computing term for published works. Copyright
for works published before January 1, 1978,
generally began on the date of first publication.
However, under the current Act the original term
does not expire until the end of the last day of
the 28th calendar year measured from the year of
first publication. See 17 U.S.C. 305.
1303.01 Antedated notice. In cases where the year
date in the copyright notice appearing on the
copies as first published was earlier than the
actual date of publication, the original term
of copyright is computed from the last day of
the year given in the notice, and not the date
of publication. The actual date of publication
should be given in the renewal application, and
[1984]
1300-4
Computing term for published works. (cont'd)
1303.01 Antedated notice. (cont'd)
the Copyright Office will add the annotation:
"YEAR DATE IN COPYRIGHT NOTICE: 19 " Claims
to renewal copyright received more than 28
years from the first day in the year given in
the copyright notice will be refused registra-
tion. See also section 1308 below.
1303.02 Postdated notice. If the year date in the
copyright notice appearing on the copies as
published was one year later than the actual
date 0f publication, the original term is
computed for renewal purposes from the year
date 0f publication. No annotation respecting
a postdated notice will be made to the renewal
application.
1304 Computing term for unpublished works. For
unpublished works registered 1n the Copyright
Office before January I, 1978, statutory copyright
began on the date 0f such registration and lasts
for an original term 0f 28 years. Under the new
law the original term does not expire for such
works until the end 0f the last day 0f the 28th
calendar year after registration. The date 0f
registration 0f unpublished works currently
renewable under the new law is the date when the
last element (application, copy, fee) was received
in acceptable form in the Copyright Office.
1305 Amendment after deadline. If an application
that contains a title by which the work may
be identified and a correct statement 0f
either the renewal claimant or basis 0f the
renewal claim is received within the proper
time limits, but correspondence is required,
the claim may be entered after expiration 0f
the original term. However, the Copyright
Office will make a special effort to obtain
a fully acceptable application before the
original term expires.
[1984]
1300-5
1305 Amendment after deadline. (cont'd)
Example:
A renewal application for a work by John Doe
received during the 28th year of the first term
identifies the renewal claimant as executrix,
and the Copyright Office has reason to believe
that the claimant is the surviving spouse, ~.~.,
the renewal application gives Mrs. John Doe, or
the letter of transmittal indicates that she is
the widow of the author. The Copyright Office
will write for a new application setting forth
the proper basis of claim, even though the
statutory renewal period has expired in the
interim.
1306 Date of receipt. The date of actual receipt in
the Copyright Office determines the acceptability
of a renewal application. See 37 C.F.R. 202.17(c).
* Receipt of a renewal application or fee else-
where in the Library of Congress is regarded as
equivalent to receipt in the Copyright Office.
* Mail misdirected or misdelivered to another
Government agency, and delivered to the Copy-
right Office after the deadline will not permit
registration.
* The date of deposit in the mails is not deter-
minative for this purpose.
1306.01 Delay in delivery caused by disruption of postal
or other services. In any case in which the
Register of Copyrights determines, on the basis
of such evidence as the Register may by regula-
tion require, that a deposit, application, fee,
or any other material to be delivered to the
Copyright Office by a particular date, would
have been received in the Copyright Office in
due time except for a general disruption or
suspension of postal or other transportation or
communications services, the actual receipt of
such material in the Copyright Office within
one month after the date on which the Register
determines that the disruption or suspension of
[1984]
1300-6
1306 Date of receipt. (cont'd)
1306.01 Delay in delivery caused by disruption of postal
or other services. (cont'd)
such services has terminated, shall be consid-
ered timely. 17 U.S.C. 709. No regulation has
yet been issued by the Copyright Office under
this provision.
1307 Application received before the renewal year. A
renewal application received at any time before the
beginning of the renewal year will not be accepted.
An entirely new application must be submitted
during the proper year.
1308 Application received after the renewal year. If
an application or fee is received after the renewal
year has expired, the claim will be refused.
* When the applicant filed too late in reasonable
reliance on a record created, or original certi-
ficate issued, by the Copyright Office, or an
official Copyright Office search report, which
contained an error, omission, or patent ambi-
guity with respect to the term, the Copyright
Office will register the renewal claim as a
doubtful case.
* When the Copyright Office records state a date
of publication which has not been questioned or
corrected, renewal registration will not be made
after the 28th year from that date, even when
the renewal applicant asserts that the date was
erroneous. Concerning the procedure for cor-
recting a date of publication, see Chapter 1500:
CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT
RECORDS: SUPPLEMENTARY REGISTRATIONS.
Examples:
1) Where the renewal applicant has relied on a
certificate of original registration which
lacked an annotation showing that the year date
in the copyright notice was antedated, a
renewal application will be accepted during the
28th year measured from the date of publica-
tion.
[1984]
1300-7
1308 Application received after the renewal year.
(cont'd)
Examples: (cont'd)
2) Where the applicant has relied on incorrect
information appearing in the Catalog of Copy-
right Entries as a result of a Copyright Office
error, renewal registration will be made.
1309 Original registration. Except as provided in sec-
tion 1309.01 below, copyright in a work will not be
registered for a renewal term unless an original
registration for the work has been made in the
Copyright Office. However, the original and
renewal claims may be submitted simultaneously,
although the renewal claim will be processed only
after a registration number has been assigned to
the application for the original term. Generally,
in examining such applications for first-term
registration, the Copyright Office will apply the
practices existing at the time the work was origi-
nally published in determining registrability. The
current application forms and registration fees
will be required.
NOTE: The Copyright Office may register claims to
renewal even though it might not under its present
policies register the original claim.
1309.01 Exception to requirement for original regis-
tration. An original registration in the
Copyright Office is not a condition precedent
for renewal registration in the case of a work
in which u.s. copyright subsists by virtue of
section 9(c) of title 17, U.S.C., in effect on
December 31, 1977, (which implemented the uni-
versal Copyright Convention), provided, how-
ever, that the application for renewal regis-
tration is accompanied by:
1) An affidavit identified as "Renewal
Affidavit for a U.C.C. Work" and
containing the following informa-
tion:
(A) The date of first publication of
the work:
[1984]
1300-8
Original registration. (cont'd)
1309.01 Exception to requirement for original registration. (cont'd)
1) (cont'd)
(B) The place of first publication of
the work:
(C) The citizenship of the author on the
date of first publication of the work:
(D) The domicile of the author on the date
of first publication of the work:
(E) An averment that, at the time of first
publication, all the copies of the
work published under the authority of
the author or other copyright propri-
etor bore the symbol @ accompanied by
the name of the copyright proprietor
and the year of first publication, and
" that U.S. copyright subsists in the .
work;
(F) The handwritten signature of the renewal
claimant or the duly authorized agent of
the renewal claimant. The signature shall
(I) be accompanied by the printed or type-
written name of the person signing the
affidavit and by the date of the signa-
ture: and (2) shall be immediately
preceded by the following printed or
typewritten statement in accordance with
section 1746 of title 28, U.S.C.: I
certify under penalty of perjury under the
laws of the United States of America that
the foregoing is true and correct.
2) A submission relating to the notice of copy-
right and copyrightable content which shall be,
in descending order of preference, comprised of:
(A) One complete copy of the work as first
published: or
[1984]
1300-9
1309 Original registration. (cont'd)
1309.01 Exception to requirements for original regis-
tration. (cont'd)
2) (cont'd)
(B) (1) A photocopy of the title page of
the work as first published, and
(2) A photocopy of the page of the work
as first published bearing the copyright
notice, and
(3) A specification as to the location,
relative to each other, of the title and
notice pages of the work as first pub-
lished, if the pages are different, and
(4) A brief description of the copy-
rightable content of the work, and
(5) An explanation of the inability to
submit one complete copy of the work as
first published: or
(C) A statement describing the position and
contents of the copyright notice as it
appeared on the work as first published,
and a brief description of the copy-
rightable content. The statement shall
be made and signed in accordance with
paragraph (1)(F) of this section and
shall also include an explanation of
the inability to submit either one
complete copy of the work as first
published or photocopies of the title
and notice of the work as first pub-
lished. See 37 C.F.R. 202.17(d)(2).
1310 Contributions to periodicals and composite works.
The following practices relate to renewal of claims
to copyright in contributions to periodicals and
composite works.
1310.01 First publication basis. In order to be accept-
able, a renewal claim in an individual contri-
bution which was not registered separately must
be based on first publication of the contribution.
[1984]
1300-10
1310 Contributions to periodicals and composite works.
(cont'd)
1310.01 First publication basis. (cont'd)
Example:
A renewal application covering a short story
which appeared in BEST SHORT STORIES, an
anthology of previously published materials,
will not be registered since the short story
was not first published in the anthology.
310.02 Separate claims. Individual renewal copyright
in contributions to periodicals and other com-
posite works may be registered, whether or
not they were separately registered for their
original term of copyright. Where the indivi-
dual contribution was not separately registered,
a claim to copyright in the periodical or other
composite work must have been registered to
serve as a basis for renewal registration of
the individual contribution.
310.03 Identification of composite work. A renewal.
application covering a contribution which was
not registered separately must clearly identify
the periodical or other composite work in which
the contribution appeared. Generally, a com-
posite work is an original publication relating
to a variety of subjects to which a number of
different authors have contributed distinguish-
able and separable selections: in this connection,
see also section 1317.04(a) below.
310.03(a) Facts of original registration required.
The renewal application must contain the
facts of original registration, e.g.,
title of periodical, volume and issue number,
issue date and original registration date,
in addition to the publication date for the
periodical or other work. Where the work
cannot be fully identified from the renewal
application and Copyright Office records,
correspondence may be necessary. All other
statements on the renewal application are
taken at face value unless a patent error
or ambiguity is presented.
[1984]
1300-11
1310 Contributions to periodicals and composite works.
1310.04 Different claimants. A contribution which
was published with a separate copyright notice
should be separately registered for the origi-
nal term of copyright before renewal regis-
tration is made, if the claimant stated in the
notice differs from the claimant given in the
notice on the composite work as a whole. The
Copyright Office requires original registration
as a condition to renewal registration when this
fact is known. When the names in the copyright
notices appearing on the contribution and the
composite work are the same, original regis-
tration for the individual contribution is
optional.
1310.05 Group registrations. A single renewal regis-
tration may be made for a group of works by the
same individual author, all first published as
contributions to periodicals, including news-
papers, upon submission of a single fee and
application, when certain conditions are met.
The "author" here means an individual person
and not an employer in the case of a work made
for hire. Also the class in which the original
registrations were made is immaterial and is
not limited to Class B (Form BB). The above-
mentioned conditions, set forth below, must all
be met:
1) The renewal claimant or claimants, and the
basis of claim or claims under 17 U.S.C.
304(a), is the same for each of the works:
and
2) The works were all copyrighted upon their
first publication, either through a sepa-
rate copyright notice and registration, or
by virtue of a general copyright notice in
the periodical issue as a whole and a claim
to copyright has been registered in the
periodical issue: and
3) The renewal application and fee are received
not more than 28 or less than 27 years after
[1984]
1300-12
Contributions to periodicals and composite works.
(cont'd)
1310.05 Group registrations. (cont'd)
3) (cont’d)
the 31st day of December of the calendar
year in which all of the works were first
published; and
4} The renewal application identifies each
work separately, including the periodical
containing it and its date of first publi-
cation.
See 17 U.S.C. 408(c)(3).
1311 Works first published abroad in English. Under
the Act of 1909, as amended, ad interim copyright
was a short-term copyright available to English-
language books and periodicals which were manu-
factured and first published abroad. It was secured
by registration within six months of first publi-
cation abroad and lasted for a maximum of five
years from the date of publication. Copyright
could be extended to the full 28-year term if a
u.s. edition was manufactured and published within
five years after first publication abroad, and if a
claim to copyright in the U.S. edition was also
registered.
1311.01 Both editions registered. If ad interim and
full-term registrations were both made within
the proper time limits, renewal registration
may be made to cover both editions.
1311.02 Single renewal application. A single renewal
application can be submitted covering both the
ad interim and full-term registrations, regard-
less of whether or not the u.s. edition con-
tained new matter, provided both editions are
eligible for renewal during the same calendar
year. If both editions are included on a single
renewal application, that application must
include information taken from both original
registrations. For the special problem pre-
sented by an antedated notice, see section
1303.01 above.
[1984]
1300-13
1311 Works first published abroad in English. (cont'd)
1311.03 Separate applications. Where separate appli-
cations are submitted, each application must be
filed within the 28th calendar year of the term
of copyright in the particular edition it covers.
The Copyright Office will annotate each appli-
cation to refer to the other edition.
1311.03(a) Late application. If the renewal applica-
tion is received more than 28 years from the
end of the year of first publication abroad,
registration will be refused because the
application was received too late. The
applicant may submit a new application
covering the U.S. edition alone, if that
edition contained new matter, and if the
application was submitted during the
renewal period applicable to the new
matter.
1311.04 Installments. When a work was first published
abroad in serial installments and several sepa-
rate ad interim registrations were made, separate
renewal registrations may be made, even though
the first U.S. edition was published in a single
volume. If the applicant prefers, a single
group registration can be made for installments
first published as contributions to a periodical,
provided the criteria set forth in section 1310.05
have been met.
1311.05 Foreign edition never registered. If the
foreign edition of a work was never registered
ad interim, but the later U.S. edition was
registered, the Copyright Office will accept a
renewal application covering the U.S. edition.
In the case of an application received during
the 28th year measured from the end of the year
of foreign publication, a cautionary letter
will be sent stating that the registration is
of doubtful validity. In the case of an appli-
cation received more than 28 years from the end
of the year of foreign publication, the cau-
tionary letter will explain that renewal regis-
tration covers only the new matter, if any, in
the U.S. edition. A new matter statement will
not be required on the renewal application,
unless a new matter statement appeared on the
original application.
[1984]
1300-14
1311 Works first published abroad in English. (cont'd)
1311.06 No u.s. edition. Where the Copyright Office records fail to reveal that a u.s. edition of a work was ever registered, the Copyright Office will generally refuse registration for a renewal claim based on an ad interim registration, subject to the special provisions in sections 1311.06(a) and 1311.06(b) below. The Copyright Office will, however, correspond in order to determine whether the u.s. edition has been registered, e.g., under a different title.
1311/06(a) Effect of the Universal Copyright Convention(UCC). The UCC came into force with respect to the United States on September 16, 1955. The implementing legislation provides that, upon the corning into force of the Universal Copyright Convention in a foreign state or nation, every book or periodical of a citizen or subject thereof in which ad interim copyright was subsisting on the effective date of said corning into force shall have copyright for 28 years from the date of first publication abroad without the necessity of complying with the further formalities specified. See section 9(c) of the Act of 1909, as amended. Therefore, in such cases the ad interim copyright was extended to the full 28-year term measured from the date of first publication abroad, and such copyrights are renewable in accordance with the general provisions relating to the term for other published works. See section 1303 above. In determining whether renewal registration is possible, the factors to be considered include the following:
1) Citizenship of the author as shown in the Copyright Office records.
2) The effective date of adherence to the UCC by the country of which the author was a citizen.
3) The time between securing ad interim copyright and the effective date of such adherence.
[1984]
1300-15
1311 Works first published abroad in English. (cont'd)
1311.06 No U.S. edition. (cont'd)
1311.06(b) Effect of the current Act. In the case of
any work in which ad interim copyright is
subsisting or is capable of being secured on December 31, 1977, under section 22 of title 17 as it existed on that date, copy
right protection was extended to endure for
the full term or terms provided by section 304 of title 17 of the new law, pursuant to Sec. 107 of Transitional and Supplementary provisions of the current Act. Thus, for works covered by this provision, a renewal claim will be registered even though there was no registration for a U.S. edition.
1312 Renewal claimants: authors and their successors.
In accordance with the copyright law, it is the
author, if living, who is entitled to claim renewal
copyright with respect to all works other than those
enumerated in section 1317 of this chapter. More
over, if the author is dead, it is the copyright
law, rather than the rules of testamentary or intestate succession, that specifies the successive classes of persons entitled to claim renewal copyright. See 17 U.S.C. 304.
1313 Renewal claimants: authors. The author, if living,
may claim renewal, whether the work was published
in the author's true name, a pseudonym, or anonymously.
1313.01 Author still living. If the author is still living, the renewal application must be filed in the author's own name, even if the author is insane or incompetent.
1313.02 Author's name not in records of original registration. Where an applicant is claiming renewal as the "author," or as any other person entitled to claim renewal if that author is dead, and where that author's name does not appear in the records of the original registration, renewal
registration will generally not be made unless
that name is placed in the Copyright Office records. The copyright Office may suggest
[1984]
1300-16
1313 Renewal claimants: authors. (cont'd)
1313.02 Author’s name not in records of original registration. (cont’d)
that an application for supplementary registration be submitted in order either to correct or
to amplify the information given in the original record. See Chapter 1500: CORRECTIONS AND AMPLIFICATIONS OF COPYRIGHT RECORDS: SUPPLEMENTARY REGISTRATIONS. In any case, and particularly when a supplementary registration is not suitable, a document supporting the authorship may be recorded in the Copyright Office. The renewal application is annotated to reflect the volume and page number of recordation. A supplementary registration or document is not necessary when the nature of the work makes
the omission of the claimant's name natural, e.g., works of multiple authorship, pictorial reproductions, and obviously anonymous works. See also Adverse claims, section 1318.03 below.
1313.03 Term "author" defined for renewal purposes.
The term "author," for renewal purposes, refers to the individual who personally wrote or created "renewable matter" in the work. The term "author" includes editors, compilers, arrangers, translators, illustrators, etc. It does not include employers in the case of works made for hire, publishers, corporations, firms, partnerships, religious orders, fraternal organizations, or
any other impersonal entities.
1314 Renewal claimants: widows, widowers, and children. If the author is dead, the author's surviving spouse and children are entitled to claim renewal. 17 U.S.C. 304.
1314.01 Single class. The widow (widower) and children are regarded as a single class of renewal claimants, and applications from any or all will be accepted without question. See DeSylva v. Ballentine, 351 U.S. 570, 30 C.O.Bull. 245 (1956).
[1984]
1300-17
1314 Renewal claimants: widows, widowers, and children. (cont'd)
1314.02 Definition of widow or widower. The author's widow or widower is the author's surviving spouse under the law of the author's domicile at the time of his or her death, whether or not the spouse has later remarried. 17 U.S.C. 101.
1) A widow (widower) does not lose his (or her) renewal rights upon remarriage.
2) A common-law spouse may also be regarded as the "widow" or "widower" for renewal purposes, if the author is deceased.
3) A divorced spouse is not an acceptable renewal claimant as widow or widower. However, the copyright Office will not inquire into the validity of a marriage or a divorce.
4) The terms "wife of the author," "wife of
the deceased author," "husband of the author," or "husband of the deceased author" are not acceptable bases of claim. The basis of claim must be stated as either "widow" or "widower" of the author.
5) The Copyright Office will request a new application correcting the basis of claim if a widow or widower is claiming renewal as the author's "next of kin" or "executor."
1314.03 Definition of children. A person's "children" are that person's immediate offspring, whether legitimate or not, and any children legally adopted by that person. 17 U.S.C. 101.
1) The copyright Office will register a renewal claim in the name of an illegitimate child, whether paternity has been acknowledged or not.
2) Legally adopted children are acceptable renewal claimants.
3) Stepchildren, as such, are not entitled to claim renewal.
[1984]
1300-18
1314 Renewal claimants: widows, widowers, and children. (cont'd)
1314.03 Definition of children. (cont'd)
4) Grandchildren and other descendants beyond the first degree cannot claim renewal as "the children of the deceased author."
5) The Copyright Office will request a new application giving the correct basis of claim if a child is claiming renewal as the author's "next of kin" or "executor."
1315 Renewal claimants: executors. If the author dies leaving a will, and if no widow, widower, or children are living at the time the renewal application is filed, the author's executor is entitled to claim renewal in his or her own name.
1315.01 Qualification. In order to be regarded as an "executor," a claimant must have been named in the author's will, and presumably must have been qualified in probate proceedings. However, the Copyright Office will not refuse a renewal claim in the name of the the executor, even if the author's will has not been probated. The Copyright Office will accept as an "executor" a claimant described as an "ancillary executor," "substitute executor," "successor executor," or "literary executor." See also section 1316.02 below.
1315.02 Personal right. The right to claim renewal as "executor" is a personal one, and the renewal application must name the individual executor.
1) The author's legatees, as such, have no right to claim renewal in their own names.
2) Renewal rights are claimed by the executors not for their personal benefit, but as fiduciaries for the benefit of the legatees under the author's will. See Miller Music Corp. v. Charles N. Daniels, Inc., 362 U.S. 373, 32 C.O.Bull. 307 (1960).
[1984]
1300-19
1315 Renewal claimants: executors. (cont'd)
1315.02 Personal right. (cont'd)
3) A renewal claim cannot be registered in the name of the "Estate of John Doe," even if executors have not yet been qualified under the author's will.
4) The executor named in the renewal application must be an individual or be a fiduciary organization authorized by law to serve as an executor. A renewal application which does not name as executor an individual or a trust department of a bank will be questioned.
Example:
The renewal application which names a law firm as the renewal claimant in the capacity of executor under the author's will will be questioned because it is unclear whether the law firm is a fiduciary organization authorized by law to serve as executor.
1315.03 Intestate. In no case can the administrator of an intestate author's estate claim renewal.
1316 Renewal claimants: next of kin. If the author is dead and no widow (widower) or children survive the author, and if there is lithe absence of a will, II the author's next of kin are entitled to claim renewal. 17 U.S.C. 304(a}.
1316.01 Definition. The term "next of kin" refers only to blood relatives of the author.
l) It is not clear whether the term "next of kin" refers only to the living relatives of the nearest degree of consanguinity (defined as the quality or state of being descended from the same ancestor) or whether it also includes the descendants of dead relatives claiming on the theory representation. The Copyright Office
[1984]
1300-20
1316 Renewal claimants: next of kin. (cont'd)
1316.01 Definition. (cont'd)
1) (cont'd)
will register the claim of any blood relative as "next of kin," regardless of the degree of consanguinity.
Example:
Where an author had two brothers, one of whom died leaving two sons, it is unclear whether the nephews may claim renewal equally with the surviving brother.
2) The statement of the basis of claim on the renewal application must not consist solely of a statement of relationship, ~.3.
sister, mother, niece, etc. The claim itself should be stated as "next of kin of the deceased author, there being no will," although kinship may be specified parenthetically.
3) Statements such as "heirs" or "representatives of heirs" are not acceptable either as claimants or as bases of claim.
1316.02 Will but no executor. If the author left a will, but no executor exists at the time for renewal, the proper renewal claimant is unclear.
1) However, on the basis of judicial authority, the copyright Office will accept a claim in the names of the next of kin, except in the situation noted in paragraph 3(c) below.
2) If it is unclear whether executors still exist, registration may be made in the names of both the executors and the next of kin on separate applications and for separate fees.
Example:
The executor himself is unsure whether or not he was actually discharged.
[1984]
1300-21
1316 Renewal claimants: next of kin. (cont'd)
1316.02 Will but no executor. (cont'd)
3) If the author leaves a will which names no executor, or if the person named cannot or will not act as executor, the court may
appoint an "administrator cum testamento annexo" (administrator with the will
annexed; administrator c.t.a) who performs the identical functions of an executor. When the estate has been settled and the executor discharged, or when the executor is removed before the estate is completely administered, the court may appoint an "administrator de bonis non cum testamento annexo (administrator de bonis non with the will annexed; administrator d.b.n.c.t.a.) to deal with
the remaining or after-acquired property under the will.
a) The Copyright Office will register renewal claims in the names of administrator c.t.a. or administrator d.b.n.c.t.a. Except as noted in paragraph (c) below, the Copyright Office will also register renewal claims for the same work in the names of both the next of kin and the administrators c.t.a. or administrators d.b.n.c.t.a. on the basis of separate applications and fees.
b) Where the author's will names an executor who cannot or will not act as executor, or when the estate has been settled and the executor discharged, or when the executor is removed before the estate is completely settled, registration will be made in the names of the author's next of kin, even when the administrators c.t.a. or administrators d.b.n.c.t.a. exist.
c) If the author left a will without naming an executor, and an administrator c.t.a. or administrator d.b.n.c.t.a. is in
existence at the time of renewal registration, an application in the name of the next of kin will be refused on the
[1984]
1300-22
1416 Renewal claimants: next of kin. (cont'd)
1316.02 Will but no executor. (cont'd)
c) (cont'd)
basis of Gibran v. National Committee of Gibran, 255 F.2d 121, 31 C.O.Bull. 249 (2d Cir. 1958): cert. denied,
358 U.S. 828 (1958).
1317 Renewal claimants: proprietors. The copyright act provides that the proprietor of the copyright may claim renewal in certain specified cases.
1317.01 Definition. The term "proprietor" refers to the owner of the copyright on the effective date of the renewal registration.
1317.02 Derivation of title. In order to claim renewal as "proprietor," the claimant must derive his or her title directly or indirectly from the original copyright owner.
1317.03 Posthumous works. If a work is "posthumous" within the meaning of the copyright law, the proprietor is the proper renewal claimant.
Generally, the author's widow, widower, children, executor, or next of kin have no right to claim renewal in a "posthumous work."
1317.03(a) Definition. A work is not considered "posthumous" if it is published during the author's lifetime: but a work is commonly considered "posthumous" if it is first published after the author's death. However, for purposes of section 304(a) of the copyright law, the term "posthumous work" means any work as to which no copyright assignment or other contract for exploitation of the work has occurred during the author's lifetime and which is unpublished at the time of the author's death. See Bartok v. Boosey & Hawkes, Inc., 523 F.2d 941,40 C.O.Bull. 69 (2d Cir. 1975), and H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. 139 (1976): see also 37 C.F.R. 202.l7(b). Thus, under section 304(a) a work is not "posthumous" if it was merely first published after the author's death.
[1984]
1300-23
1317 Renewal claimants: proprietors. (cont'd)
1317.03 Posthumous works. (cont'd)
1317.03(b) proper claimant. Where the work is "posthumous" within the meaning of section 304(a) of the copyright law, the appropriate claimant is the proprietor.
1) Where the applicant asserts that there was neither a contract for exploitation nor an assignment of copyright during the author's lifetime, and the work was unpublished on the date of the author's death, the Copyright Office will make registration in the name of the proprietor.
2) Where the applicant asserts that during the author's lifetime there was a contract for exploitation but no copyright assignment, it is unclear whether or not the work is "posthumous." See S. Rep. No. 94-473, 94th Cong., 1st Sess. 123 (1975). Therefore, registration will be made in the name of the author's widow, widower, children, executor, or next of kin and also in the name of the proprietor, provided separate applications and fees are submitted.
3) Where the applicant asserts that there
was an assignment of the copyright during the author's lifetime, the work is not considered "posthumous," and the Copyright Office will make the renewal registration in the name of the author's widow, widower, children, executor, or next of kin. Registration will not be made in the name of the proprietor.
4) Where the proprietor-applicant asserts that the work is "posthumous" only because the work was first published after the author's death, the Copyright Office will inquire whether during the author's lifetime there was a copyright assignment or other contract for exploitation of the work.
[1984]
1300-24
1317 Renewal claimants: proprietors. (cont'd)
1317.03 Posthumous works. (cont'd)
1317.03(b) claimant. (cont'd)
5) Where the work was originally published
as a contribution to a periodical and that contribution was not separately registered, there is doubt under the wording of the renewal provisions of the law as to whether the proprietor of such a "posthumous work" may claim the renewal. In such cases, the copyright Office will accept applications from the proprietor, and also from the author's widow, widower, children, executor, or next of kin, provided separate applications and fees are submitted.
1317.04 Composite works. The proprietor of a periodical, cyclopedic, or other composite work may claim renewal in the work as a whole.
1317.04(a) Definition. Generally, a composite work is an original publication relating to a variety of subjects to which a number of
different authors have contributed distinguishable and separable selections. Thus, a work by a single author consisting of a collection of his writings is not a composite work. Similarly, a work which is the product of joint authorship and common design, or which consists of elements which have been indistinguishably merged into a single entity, cannot be regarded as composite, ~.~., musical compositions, dramas, dramatico-musical works, and motion pictures.
1317.05 Individual contributions. While the proprietor of a composite work may claim renewal in the work as a whole, the author of an individual contribution, or the author's beneficiaries, may also claim renewal in the contribution.
*It is unclear whether the proprietor's claim in the entire work covers everything in the work that is not separately renewed.
[1984]
1300-25
1317 Renewal claimants: proprietors. (cont'd)
1317.05 Individual contributions. (cont'd)
* If a renewal application covering an indi-
vidual contribution is received too late for
registration, the Copyright Office will
inform the applicant of the facts of renewal
registration for the composite work because
the contribution may be protected by the
renewal of the general copyright in the
composite work in which the contribution was
first published.
1317.06 Corporate body. In the case of a "work
copyrighted by a corporate body otherwise than
an assignee or licensee of the author," the
statute gives the proprietor the right to claim
renewal.
1317.06(a) Questionable claim. This basis of claim is
always questioned unless it has been estab-
lished by previous correspondence.
1317.06(b) When not acceptable. This basis of claim is
not acceptable when:
1) The original copyright claimant was not
a corporation.
2) The individual author of an unpublished
work transferred his common-law literary
property, or his right to secure copy-
right, to a corporation.
i) The corporation is regarded as the
author's assignee.
ii) The fact that the corporation also
purchased the author's manuscript
does not change its status as
assignee.
3) The work is posthumous, composite, or was
made for hire.
[1984]
1300-26
1317 Renewal claimants: proprietors. (cont'd)
1317.06 Corporate body. (cont'd)
1317.06(c) Corporate body: special circumstances. In
cases other than those listed in section
1317.06(b) above, registration on this
basis will be strongly discouraged and will
be made only when the applicant indicates
that there were special circumstances under
which the claim might conceivably be said
to apply.
Examples:
1) Works to which the stockholders of a
corporation have contributed indis-
tinguishable parts.
2) Works written or created by members of
a religious order or similar organiza-
tion, when the individual authors never
had a personal property right in the ~
works.
3) Works written by an official or major
stockholder in a corporation, when the
works were written directly for the
corporation and the arrangement did not
amount to employment for hire.
4) Motion pictures, when the applicant
asserts that the work was produced
under special circumstances and was not
copyrighted by an employer for whom the
work was made for hire.
1317.07 Employer in the case of a work made for hire.
The proprietor of the copyright shall be en-
titled to claim renewal in works originally
copyrighted by an employer for whom they were
made for hire. See 17 U.S.C. 304.
[1984]
1300-27
1317 Renewal claimants: proprietors. (cont'd)
1317.07 Employer in the case of a work made for hire.
(cont'd)
1317.07(a) Employer-claimant. Generally, in order
for this basis of claim to be acceptable,
the original copyright claimant must have
secured the copyright by virtue of his
employment of the "author," rather than
through any transfer of rights after the
work was completed.
1317.07(b) Determinations by Copyright Office. The
Copyright Office will generally make no
effort to determine whether or not a par-
ticular agreement constituted employment
for hire.
* A renewal claim as "author" will be
questioned when the original records
of the registration state that the
work was made for hire.
* The claim will be registered if the
individual was listed as "author" by
virtue of being an employer in a work
made for hire.
* A renewal claim as "proprietor of copy-
right in a work made for hire" will be
questioned when the original copyright
claimant was also the only author listed
in the Copyright Office records. The
claim will be refused if the person
listed as "author" on the original
records was not an employee for hire.
However, if an explanation is offered
indicating that the "author" was
employed for hire, and inadvertently or
by agreement with the employer, claimed
copyright in his or her own name, the
proprietor claim will be accepted.
[1984]
1300-28
1317 Renewal claimants: proprietor. (cont'd)
1317.07 Employer in the case of a work made for hire.
(cont'd)
1317.07(c) Work made for hire. In order for this
claim to be applicable, as the Act
explicitly states, the work must have been
copyrighted by the employer for whom the
work was made for hire.
* No provision is made under the literal
terms of the Act for the case in which
the work was made for hire, but the
employer transferred his common-law literary property to a third person
before either publication or registra-
tion as an unpublished work.
* When this situation is presented, the
Copyright Office will register a renewal
claim as "proprietor of copyright in a
work made for hire," but will point out
that the law makes no specific provision
for this situation.
1317.07(d) More than one author. When more than one
author contributed to a work, the renewal
claimant need not specify that all of the
authors were employed for hire.
* If only some of the authors were employed,
this fact should appear on the renewal
application.
* The Copyright Office will accept claims
by authors or their beneficiaries and
proprietors of copyright in a work made
for hire on the same application, pro-
vided that no patent inconsistency is
presented.
1318 Joint renewal claimants. When the author is dead
and there is more than one person in the class of
beneficiaries entitled to renew under the statute,
registration by one claimant secures renewal for
all those who would have been entitled to claim.
[1984]
1300-29
1318 Joint renewal claimants. (cont'd)
1318.01 Several claimants, same application. When
a number of different persons are entitled to
claim renewal in the same work, the copyright
Office will accept their claims on a single
application or on separate applications. It
is not necessary that all possible claimants
join in applying for registration in order to
secure a renewal. If an application for a
work is received after its renewal period
has expired, and a renewal claim has already
been registered in the name of another claimant,
the Copyright Office will correspond and point
out that it is too late for the registration
of this renewal claim, but that registration
has been made in the name of another claimant.
1318. 02 Later application, same work. Once a renewal
registration has been made, the copyright
Office will generally not accept a duplicate
application for renewal registration on behalf
of the same renewal claimant.
1318.03 Adverse claims. When an application is received
that conflicts with a renewal claim which has
already been registered, the copyright Office
will inform the second applicant of the con-
flicting statements contained in the registered
renewal claim, and will request an explanation.
The later claim will be registered without further
question, if the applicant reasserts it and the
claim is not patently invalid. See also Chapter
100: BASIC POLICIES, section 108.06, concerning
adverse claims.
1318.04 Adverse claims: conflicts concerning the author
and the author's successors.
1) When an earlier claim was registered in the
name of an author’s next of kin, and a new
application is submitted in the name of the
executor, the Copyright Office will request
information concerning the existence of a
will.
[1984]
1300-30
1318 Joint claimants. (cont'd)
1318.04 Adverse claims: conflicts concerning the author
and the author's successors. (cont'd)
2) When a renewal claim was registered in the
name of the author, and the widow (widower)
now claims, the Copyright Office will request
the date of the author's death. If the
date is earlier than that on which the
first application was filed, registration
will be made without further correspon-
dence. If the author was living when
registration was made in the author's
name, the widow's (widower's) claim may also
be registered as a doubtful case, despite
the principle that renewal rights vest on
the date of a valid registration.
1318.05 Adverse claims: conflicts concerning propri-
etors, authors, and authors' successors.
1) When a renewal claim was registered in the
name of an individual author, and a new ~
application is submitted as "proprietor .
of copyright in a work made for hire,"
the Copyright Office will request infor-
mation concerning the circumstances under
which the work was written.
2) When a renewal claim was registered in the
name of "a proprietor of copyright in a work
made for hire," and a new application is
submitted in the name of the individual
author, the Copyright Office will request
information concerning the circumstances
under which the work was written.
3) When a renewal claim was registered in the
name of one of several authors, and a new
renewal application is submitted as "pro-
prietor of copyright in a work made for
hire" without restricting the claim to the
work of a particular author or authors, the
Copyright Office will ask whether the claim
covers the material written by the person
[1984]
1300-31
1318 Joint renewal claimants. (cont'd)
1318.05 Adverse claims: conflicts concerning proprietors, authors, and author’s successors. (cont’d)
3) (cont'd)
in whose name registration has already been
made. If so, registration will be made if
the applicant reasserts the claim. If not,
a new application should be submitted con-
fining the claim to the material written
by employees for hire.
4) Where the original claim named an employer
in a work made for hire as the author, and
a renewal application names an individual
author, the Copyright Office will write to
the renewal applicant requesting informa-
tion concerning the circumstances under
which the work was written. If the appli-
cant asserts that the work was not made
for hire, the renewal claim will be
registered on behalf of the author or the
author's statutory heirs.
1319 Unacceptable renewal claims. The following general
principles and practices govern the acceptability
of renewal claims.
1319.01 Personal right. The right to claim renewal
copyright is a personal right.
1319.02 Deceased person. A renewal claim cannot
be registered in the name of a deceased
person. The Copyright Office does not
search to determine whether or not the
renewal claimant is alive. If, however,
the Copyright Office has information
that the claimant died before the
receipt in the Copyright Office of the
renewal application, the Office will
refuse to register the claim as
submitted.
[1984]
1300-32
1319 Unacceptable renewal claims. (cont'd)
1319.03 Claimant not named, only status given.
The renewal right accrues to an indi-
vidual person or firm, and not to a
status. Claims by "the Executor of
James Fitzgerald" or "the executors of
the author" or by "the next of kin of
the author" without specifically
naming the claimant are not accept-
able.
1319.04 claimant fails to qualify. The Copyright
Office cannot register a renewal claim
unless the basis of claim is one that is
acceptable under the statute. If none of
the claimants listed in the statute exists
or can be identified, registration must
be refused.
1319.05 Successors or representatives of claimants.
The successors or representatives of a person
who would have been entitled to claim renewal
41if still living, are unacceptable renewal
claimants. For example, the executor of the
author's widow is an unacceptable renewal
claimant.
1319.06 Assignment of renewal interests. Registra-
tion must be made in the name of the statutory
claimant, even though the statutory claimant
has assigned all of his or her interests in
the renewal term. For example, registration
cannot be made in the names of an "assignee,"
"proprietor," "attorney in fact," or "owner
per agreement."
1319.07 Extent of claim. A renewal claim in a
published work can cover only the material
which was first published in that particular
version of the work.
1319.07(a) Later version. The original author of a
published work cannot claim renewal in a
later version of that work unless that
author contributed to the new matter on
which copyright in the later version was
[1984]
1300-33
1319 Unacceptable renewal claims. (cont'd)
1319.07 Extent of claim. (cont'd)
1319.07(a) Later version. (cont'd)
claimed. For example, where it appears
from the record that an author's original
composition was published before an
arrangement of it by another person, a
renewal claim in the arrangement by the
author, based on his original composi-
tion, is unacceptable.
1319.07(b) Revised published version. Where an
author's original unpublished work was
first published with an arrangement or
other new matter by another person, the
author's claim to renewal in the pub-
lished work may be accepted.
[END OF CHAPTER 1300]
[1984]