Publishing before 1978: U.S. Copyright Notice

Publishing before 1978: U.S. Copyright Notice

Works First Published Before 1978: the Copyright Notice in the United States

Introduction

In investigating the copyright status of works first published before January 1, 1978, the most important thing to look for is the notice of copyright. As a general rule under the 1909 law, copyright protection was lost permanently if the notice was omitted from the first authorized published edition of a work or if it appeared in the wrong form or position.

The form and position of the copyright notice for various types of works were specified in the copyright statute. Some courts were liberal in overlooking relatively minor departures from the statutory requirements, but a basic failure to comply with the notice
provisions forfeited copyright protection and put the work into the public domain in this country .

This part of the entry follows in Absence of Copyright Notice and Date in the Copyright Notice.

Works Published and Copyrighted Before January 1, 1978

A work published before January 1, 1978, and copyrighted on or after January 1, 1923, may still be protected by copyright in the United States if a valid renewal registration was made during the 28th year of the first term of the copyright. If renewed by registration or under the Copyright Renewal Act of 1992 and if still valid under the Other provisions of the law, the copyright will expire 95 years from the end of the year in which it was first secured.

Therefore, the U. S. copyright in any work published or copyrighted prior to January 1, 1923, has expired by operation of law, and the work has permanently fallen into the public
domain in the United States. For example, on January 1, 1997, copyrights in works first published or copyrighted before January 1, 1922, expired; on January 1, 1998, copyrights in works first published or copyrighted before January 1, 1923, expired.

Unless the copyright law is changed in the future, no works under protection on January 1, 1999, will fall into the public domain in the United States until January 1, 2019.

Works First Published or Copyrighted Between January 1,

1923, and December 31, 1949, But Not Renewed

If a work was first published or copyrighted between January 1, 1923, and December 31, 1949, it is important to determine whether the copyright was renewed during the last (28th) year of the first term of the copyright. This can be done by searching the Copyright Office records or catalogs.

If no renewal registration was made, copyright protection expired permanently at the end of the 28th year from the year date it was first secured.

Works First Published or Copyrighted Between January 1,

1923, and December 31, 1949, and Registered for Renewal

When a valid renewal registration was made and copyright in the work was in its second term on December 31, 1977, the renewal copyright term was extended under the latest
act to 67 years. In these cases, copyright will last for a total of 95 years from the end of the year in which copyright was originally secured.

Works First Published or Copyrighted Between January

1, 1950, and December 31, 1963

If a work was in its first 28-year term of copyright protection on January 1, 1978, it
must have been renewed in a timely fashion to have secured the maximum term of copyright protection. If renewal registration was made during the 28th calendar year of its first term, copyright would endure for 95 years from the end of the year copyright was originally secured. If not renewed, the copyright expired at the end of its 28th calendar year.

Works First Published or Copyrighted Between January 1, 1964, and December 31, 1977

If a work was in its first 28-year term of copyright protection on June 26, 1992, renewal registration is now optional. The term of copyright for works published or copyrighted during this time period has been extended to 95 years by the Copyright Renewal Act
of 1992 and the Sonny Bono Term Extension Act of 1998.

There is no need to make the renewal filing to extend the original 28-year copyright term to the full 95 years.

However, there are several advantages to making a renewal registration during the 28th year of the original term of copyright. If renewal registration is made during the 28th
year of the original term of copyright, the renewal copyright vests in the name of the renewal claimant on the effective date of the renewal registration; the renewal certificate constitutes prima facie evidence as to the validity of the copyright during the renewed and extended term and of the facts stated in the certificate; and, the right to use the derivative
work in the extended term may be affected.

Conclusion

Notes

See Also

About the Author/s and Rewiever/s

Author: admin

References and Further Reading

About the Author/s and Reviewer/s

Author: admin

Mentioned in these Entries

Absence of Copyright Notice, Ad Interim copyright, Copyright Notice, Derivative Works and Copyright, Duration of Copyright Protection in the U.S., Name in the Copyright Notice, Other provisions, country.


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