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1 specified by section 106, including breaches of contract, breaches 2 of trust, invasion of privacy, defamation, and deceptive trade 3 practices such as passing off and false representation. 4 8 302. Duration of copyright: Works created on or after January 5

1, 1967 6 (a) IN GENERAL.-Copyright in a work created on or after Janu7 ary 1, 1967, subsists from its creation and, except as provided by the 8 following subsections, endures for a term consisting of the life of the 9 author and 50 years after his death. 10

(b) JOINT WORK8.-In the case of a joint work prepared by two 11 or more authors who did not work for hire, the copyright endures 12 for a term consisting of the life of the second of the authors to die 13 and 50 years after his death. 14 (c) ANONYMOUS WORKS, PSEUDONYMOUS WORKS, AND WORKS MADE 15 FOR HIRE.—In the case of an anonymous work, a pseudonymous work, 16 or a work made for hire, the copyright endures for a term of 75 years 17 from the year of its first publication, or a term of 100 years from 18 the year of its creation, whichever expires first. If, before the end 19 of such term, the identity of one or more of the authors of an anony20 mous or pseudonymous work is revealed in the registration or other 21 public records of the Copyright Office, the copyright in such work

endures for the term specified by subsections (a) or (b), based on 23 the life of the author or authors whose identity has been revealed. 24 (d) RECORDS RELATING TO DEATH OF AUTHORS.-Any person having 25 an interest in a copyright may at any time record in the Copyright Of. 26 fice a statement of the date of death of the author of the copyrighted 27 work, or a statement that the author is still living on a particular date 28 The statement shall identify the person filing it, the nature of his inter 29 est, and the source of his information, and shall comply in form and 30 content with requirements that the Register of Copyrights shall pre31 scribe by regulation. The Register shall maintain current records of 32 information relating to the death of authors of copyrighted works, 33 based on such recorded statements and, to the extent he considers prac34 ticable, on data contained in any of the records of the Copyright Office 36

or in other reference sources. 36 (0) PRESUMPTION AS TO AUTHOR'S DEATH.-After a period of 75 37 years from the year of first publication of a work, or a period of 100 38 years from the year of its creation, whichever expires first, any person 39 who obtains from the Copyright Office a certified report that the 40 records provided by subsection (d) disclose nothing to indicate that

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fer under which he claims has been recorded in the Copyright Office, but suit may be instituted after such rècordation on a cause of action that arose before recordation.

(e) PRIORITY BETWEEN CONFLICTING TRANSFERS.—As between two conflicting transfers, the one executed first prevails if it is recorded within two months after its execution in the United States or within four months after its execution abroad, or at any time before recordation of the later transfer. Otherwise the later transfer prevails if recorded first, and if taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, and without notice of the earlier transfer.

(f) PRIORITY BETWEEN CONFLICTING TRANSFER OF OWNERSHIP AND NON-EXCLUSIVE LICENSE.—A non-exclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if:

(1) the license was taken before execution of the transfer; or

(2) the license was taken in good faith before recordation of the transfer and without notice of it.

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CHAPTER 3-DURATION OF COPYRIGHT
Sec.
301. Pre-emption with respect to other laws.
302. Duration of copyright: works created on or after January 1, 1967.
303. Duration of copyright: works created but not published or copyrighted

before January 1, 1967.
304. Duration of copyright: subsisting copyrights.
305. Duration of copyright: terminal date.

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8 301. Pre-emption with respect to other laws

(a) On and after January 1, 1967, all rights in the nature of copyright in works that come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published or unpublished, are governed exclusively by this title. Thereafter, no person is entitled to copyright, literary property rights, or any equivalent legal or equitable right in any such work under the common law or statutes of any State.

(b) Nothing in this title annuls or limits any rights or remedies under the law of any State with respect to:

(1) unpublished material that does not come within the subject matter of copyright as specified by sections 102 and 103;

(2) any cause of action arising from undertakings commenced before Janaury 1, 1967;

(3) activities violating rights that are not equivalent to any of the exclusive rights within the general scope of copyright as

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prior to the expiration of the original term of copyright: And provided further, That in default of the registration of such application for renewal and extension, the copyright in any work shall terminate at the expiration of twenty-eight years from the date copyright was originally secured.

(2) Subsisting copyrights originally registered in the Patent Office prior to July 1, 1940, under section 3 of the act of June 18, 1874, shall be subject to renewal for a further term of forty-seven years in behalf of the proprietor upon application made to the Register of Copyrights within one year prior to the expiration of the original term of twenty-eight years. (b) COPYRIGHTS IN THEIR RENEWAL TERM ON DECEMBER 31, 1965 OR RENEWED BEFORE JANUARY 1, 1967.—The duration of any copyright, the renewal term of which is subsisting on December 31, 1965, or which is renewed between December 31, 1965, and December 31, 1966, inclusive, is extended to endure for a term of 75 years from the date copyright was originally secured.

(c) TERMINATION OF TRANSFERS AND LICENSES COVERING EXTENDED RENEWAL TERM.-In the case of any copyright subsisting in either its first or renewal term on January 1, 1967, other than a copyright in a work made for hire, the exclusive or non-exclusive grant of a transfer or license of the renewal copyright or of any right under it, executed before January 1, 1967, by any of the persons designated by the second proviso of subsection (a)(1) of this section, otherwise than by will, is subject to termination under the following conditions:

(1) Termination of the grant may be effected by the surviving person or persons who executed it. If, in the case of a grant executed by the author, the author is dead, termination may be effected by his widow (or her widower) and children; the children of any dead child of the author succeed to the right of their parent for this purpose.

(2) Termination of the grant may be effected at any time during a period of five years beginning at the end of 56 years from the date copyright was originally secured.

(3) The termination shall be effected by serving an advance notice in writing, signed by all of those entitled to terminate the grant under clause (1) of this subsection, or by their duly authorized agents, upon the grantee or his successor in title.

(A) The notice shall state the effective date of the termination, which shall fall within the five-year period specified

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by clause (2) of this subsection, and the notice shall be served not less than two or more than ten years before that date. A copy of the notice shall be recorded in the Copyright Office before the effective date of termination, as a condition to its taking effect.

(B) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights

shall prescribe by regulation. (4) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant.

(5) Upon the effective date of termination, all rights under this title that were covered by the terminated grant revert to all of those entitled to terminate the grant under clause (1) of this subsection, but with the following limitations:

(A) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.

(B) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons effecting the termination and the original grantee or his successor in title, after the notice of termination has been served as provided by clause (3) of this subsection.

(C) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (3) of this subsection. Where the rights revert to the author's widow and one or more of his children or grandchildren, the widow is entitled to a one-half interest in the reverted rights. The interests of the author's children and grandchildren shall in all cases be divided among them on a per stirpes basis according to the number of his children represented.

(D) Termination of a grant under this subsection shall affect only those rights covered by the grant that arise under

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prior to the expiration of the original term of copyright: And provided further, That in default of the registration of such application for renewal and extension, the copyright in any work shall terminate at the expiration of twenty-eight years from the date copyright was originally secured.

(2) Subsisting copyrights originally registered in the Patent Office prior to July 1, 1940, under section 3 of the act of June 18, 1874, shall be subject to renewal for a further term of forty-seven years in behalf of the proprietor upon application made to the Register of Copyrights within one year prior to the expiration of the original term of twenty-eight years. (b) COPYRIGHTS IN THEIR RENEWAL TERM ON DECEMBER 31, 1965 OR RENEWED BEFORE JANUARY 1, 1967.—The duration of any copyright, the renewal term of which is subsisting on December 31, 1965, or which is renewed between December 31, 1965, and December 31, 1966, inclusive, is extended to endure for a term of 75 years from the date copyright was originally secured.

(c) TERMINATION OF TRANSFERS AND LICENSES COVERING EXTENDED RENEWAL TERM.-In the case of any copyright subsisting in either its first or renewal term on January 1, 1967, other than a copyright in a work made for hire, the exclusive or non-exclusive grant of a transfer or license of the renewal copyright or of any right under it, executed before January 1, 1967, by any of the persons designated by the second proviso of subsection (a) (1) of this section, otherwise than by will, is subject to termination under the following conditions:

(1) Termination of the grant may be effected by the surviving person or persons who executed it. If, in the case of a grant executed by the author, the author is dead, termination may be effected by his widow (or her widower) and children; the children of any dead child of the author succeed to the right of their parent for

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(2) Termination of the grant may be effected at any time during a period of five years beginning at the end of 56 years from the date copyright was originally secured.

(3) The termination shall be effected by serving an advance notice in writing, signed by all of those entitled to terminate the grant under clause (1) of this subsection, or by their duly authorized agents, upon the grantee or his successor in title.

(A) The notice shall state the effective date of the termination, which shall fall within the five-year period specified

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