Lapas attēli
PDF
ePub

89

1 of the fee provided by section 708, record the document and return it 2 with a certificate of recordation. 3 (c) RECORDATION AS CONSTRUOTIVE NOTICE.—Recordation of a docu4 ment in the Copyright Office gives all persons constructive notice of the 5 facts stated in the recorded document, but only if : 6 (1) the document, or material attached to it, specifically identi7 fies the work to which it pertains so that, after the document is in8 dexed by the Register of Copyrights, it would be revealed by a 9 reasonable search under the title or registration number of the 10 work; and 11

(2) registration has been made for the work. 12 (d) REOORDATION AS PREREQUISITE TO INFRINGEMENT SUIT.—No per13 son claiming by virtue of a transfer to be the owner of copyright or 14 of any exclusive right under a copyright is entitled to institute an in15 fringement action under this title until the instrument of transfer 16 under which he claims has been recorded in the Copyright Office, but 17 suit may be instituted after such recordation on a cause of action that 18 arose before recordation. 19 (0) PRIORITY BETWEEN CONFLICTING TRANSFERS.—As between two 20 conflicting transfers, the one executed first prevails if it is recorded, in 21 the manner required to give constructive notice under subsection (c), 22 within one month after its execution in the United States or within two 23 months after its execution abroad, or at any time before recordation in 24 such manner of the later transfer. Otherwise the later transfer prevails 25 if recorded first in such manner, and if taken in good faith, for valu26 able consideration or on the basis of a binding promise to pay royal27 ties, and without notice of the earlier transfer. 28 (f) PRIORITY BETWEEN CONFLICTING TRANSFER OF OWNERSHIP AND 29 NONEXCLUSIVE LICENSE.-A nonexclusive license, whether recorded 30 or not, prevails over a conflicting transfer of copyright ownership if 31 the license is evidenced by a written instrument signed by the owner of 32 the rights licensed or his duly authorized agent, and if: 33

(1) the license was taken before execution of the transfer; or 34 (2) the license was taken in good faith before recordation of 35 the transfer and without notice of it. 36

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, 1975.
303. Duration of copyright: Works created but not published or copyrighted

before January 1, 1975.
304. Duration of copyright: Subsisting copyrights.
805. Duration of copyright: Terminal date.

40

1 8 301. Pre-emption with respect to other laws 2 (a) On and after January 1, 1975, all rights in the nature of copy3 right in works that come within the subject matter of copyright as 4 specified by sections 102 and 103, whether created before or after that 5 date and whether published or unpublished, are governed exclusively 6 by this title. Thereafter, no person is entitled to copyright, literary 7 property rights, or any equivalent legal or equitable right in any such 8 work under the common law or statutes of any State. 9 (b) Nothing in this title annuls or limits any rights or remedies 10 under the common law or statutes of any State with respect to: 11

(1) unpublished material that does not come within the subject 12 matter of copyright as specified by sections 102 and 103, including 13 works of authorship not fixed in any tangible medium of 14 expression; 15 (2) any cause of action arising from undertakings commenced 16 before January 1, 1975; 17

(3) activities violating rights that are not equivalent to any of 18 the exclusive rights within the general scope of copyright as speci19 fied by section 106, including breaches of contract, breaches of 20 trust, invasion of privacy, defamation, and deceptive trade prac21 tices such as passing off and false representation. 22 8 302. Duration of copyright: Works created on or after Janu23

ary 1, 1975 24 (a) IN GENERAL.—Copyright in a work created on or after Janu25 ary 1, 7975, subsists from its creation and, except as provided by the 26 following subsections, endures for a term consisting of the life of 27 the author and fifty years after his death. 28 (b) JOINT WORKS.—In the case of a joint work prepared by two 29 or more authors who did not work for hire, the copyright endures for 30 a term consisting of the life of the last surviving author and fifty 31 years after his death. 32 (c) ANONYMOUS WORKS, PSEUDONYMOUS WORKS, AND WORKS MADE 33 FOR HIRE.—In the case of an anonymous work, a pseudonymous work, 34 or a work made for hire, the copyright endures for a term of seventy35 five years from the year of its first publication, or a term of one 36 hundred years from the year of its creation, whichever expires first. 37 If, before the end of such term, the identity of one or more of the 38 authors of an anonymous or pseudonymous work is revealed in the 39 records of a registration made for that work under subsection (a) 40 or (d) of section 407, or in the records provided by this subsection,

41

1 the copyright in the work endures for the term specified by subsections 2 (a) or (b), based on the life of the author or authors whose identity 3 has been revealed. Any person having an interest in the copyright in 4 an anonymous or pseudonymous work may at any time record, in 5 records to be maintained by the Copyright Office for that purpose, a 6 statement identifying one or more authors of the work; the statement 7 shall also identify the person filing it, the nature of his interest, the 8 source of his information, and the particular work affected, and shall 9 comply in form and content with requirements that the Register of 10 Copyrights shall prescribe by regulation. 11 (d) RECORDS RELATING TO DEATH OF AUTHORS.—Any person having 12 an interest in a copyright may at any time record in the Copyright 13 Office a statement of the date of death of the author of the copy14 righted work, or a statement that the author is still living on a par15 ticular date. The statement shall identify the person filing it, the 16 nature of his interest, and the source of his information, and shall 17 comply in form and content with requirements that the Register 18 of Copyrights shall prescribe by regulation. The Register shall 19 maintain current records of information relating to the death of 20 authors of copyrighted works, based on such recorded statements 21 and, to the extent he considers practicable, on data contained in any 22 of the records of the Copyright Office or in other reference sources. 23 (c) PRESUMPTION AS TO AUTHOR'S DEATH.-After a period of 24 seventy-five years from the year of first publication of a work, or a 25 period of one hundred years from the year of its creation, whichever 26 expires first, any person who obtains from the Copyright Office a certi27 fied report that the records provided by subsection (d) disclose nothing 28 to indicate that the author of the work is living, or died less than fifty 29 years before, is entitled to the benefit of a presumption that the author 30 has been dead for at least fifty years. Reliance in good faith upon this 31 presumption shall be a complete defense to any action for infringement 32 under this title. 33 8303. Duration of copyright: Works created but not published or 34

copyrighted before January 1, 1975 Copyright in a work created before January 1, 1975, but not there36 tofore in the public domain or copyright, subsists from January 1, 37 1975, and endures for the term provided by section 302. In no case, 38 however, shall the term of copyright in such a work expire before 39 December 31, 1999; and, if the work is published on or before Decem40 ber 31, 1999, the term of copyright shall not expire before December 31, 41 2024.

351

20-344 0.73 - 4

42

13

1 8304. Duration of copyright: Subsisting copyrights 2 (a) COPYRIGHTS IN THEIR FIRST TERM ON JANUARY 1, 1975.—Any 3 copyright, the first term of which is subsisting on January 1, 1975, 4 shall endure for twenty-eight years from the date it was originally 5 secured : Provided, That in the case of any posthumous work or of any 6 periodical, cyclopedic, or other composite work upon which the copy. 7 right was originally secured by the proprietor thereof, or of any work 8 copyrighted by a corporate body (otherwise than as assignee or licensee 9 of the individual author) or by an employer for whom such work is 10 made for hire, the proprietor of such copyright shall be entitled to a 11 renewal and extension of the copyright in such work for the further 12 term of forty-seven years when application for such renewal and ex

tension shall have been made to Copyright Office and duly regis14 tered therein within one year prior to the expiration of the original 15 term of copyright: And provided further, That in the case of any other 16 copyrighted work, including a contribution by an individual author 17 to a periodical or to a cyclopedic or other composite work, the author 18 of such work, if still living, or the widow, widower, or children of the 19 author, if the author be not living, or if such author, widow, widower, 20 or children be not living, then the author's executors, or in the absence 21 of a will, his next of kin shall be entitled to a renewal and extension of 22 the copyright in such work for a further term of forty-seven years 23 when application for such renewal and extension shall have been made 24 to the Copyright Office and duly registered therein within one year 25 prior to the expiration of the original term of copyright: And pro26 vided further, That in default of the registration of such application 27 for renewal and extension, the copyright in any work shall terminate 28 at the expiration of twenty-eight years from the date copyright was 29 originally secured. 30 (b) COPYRIGHTS IN THEIR RENEWAL TERM OR REGISTERED FOR RE31 NEWAL BEFORE JANUARY 1, 1975.—The duration of any copyright, the 32 renewal term of which is subsisting at any time between December 31, 33 1973, and December 31, 1974, inclusive, or for which renewal registra34 tion is made between December 31, 1973, and December 31, 1974, 35 inclusive, is extended to endure for a term of 75 years from the date 36 copyright was originally secured. 37 (c) TERMINATION OF TRANSFERS AND LICENSES COVERING Ex38 TENDED RENEWAL TERM.-- In the case of any copyright subsisting in 39 either its first renewal term on January 1, 1975, other than a copy40 right in a work made for hire, the exclusive or nonexclusive grant of a

43

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

transfer or license of the renewal copyright or of any right under it, executed before January 1, 1975, by any of the persons designated by the second proviso of subsection (a) of this section, otherwise than by will, is subject to termination under the following condition:

(1) In the case of a grant executed by a person or persons other than the author, termination of the grant may be effected by the surviving person or persons who executed it. In the case of a grant executed by one or more of the authors of the work, termination of the grant may be effected, to the extent of a particular author's share in the ownership of the renewal copyright, by the author who executed it or, if such author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one half of that author's termination interest.

(2) Where an author is dead, his or her termination interest is owned, and may be exercised, by his widow (or her widower) and children or grandchildren as follows:

(A) The widow (or widower) owns the author's entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow (or widower) owns one half of the author's interest;

(B) The author's surviving children, and the surviving children of any dead child of the author, own the author's entire termination interest unless there is a widow (or widower), in which case the ownership of one half of the author's interest is divided among them;

(C) The rights of the author's children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of his children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority of them. (3) Termination of the grant may be effected at any time during a period of five years beginning at the end of fifty-six years from the date copyright was originally secured, or beginning on January 1, 1975, whichever is later.

(4) The termination shall be effected by serving an advance notice in writing upon the grantee or his successor in title. In the case of a grant executed by a person or persons other than the author, the notice shall be signed by all of those entitled to termi

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]
« iepriekšējāTurpināt »