Copyright Law Boston College Law School February 11, 2003 Formalities

Termination - Generally Post 1978 transfers - 17 U.S.C. § 203 –Can be effective during 5 year period, 35 years from original transfer –Notice between 2 and 10 years from effective date Pre 1978 transfers - 17 U.S.C. § 304(c) –Can be effective during 5 year period after expiration of original 56 year term under 1909 Act or 75 year term under 1976 Act (general rule)

Post 1978 Termination Transfer Termination Window 35 years – 2011 Notice Window 2008 – 2016 Notice Window

Pre 1978 Grants Timing –General rule During five year period after expiration of initial 56 year term –Qualifications During five years after Jan. 1, 1978, if this is later If failed to renew after 56 years, can try again after 75 years, to recapture extra 20 years from 1998 extension

Pre-1978 Transfer st Termination Window 28 yrs Work Published 1960 Transfer st Term End yrs19 yrs 2 nd Term End yrs 76 Act Extension 2035 Bono Act Extension nd Termination Window

Publication and Formalities Topics –Publication –Notice –Deposit –Registration

Formalities Over Time

Publication

Definition –“when by consent of the copyright owner, the original or tangible copies of a work are sold, leased, loaned, given away, or otherwise made available to the general public …” From American Vitagraph v. Levy, 659 F.2d 1023, 1027 (9th Cir. 1981).

Notice

Notice and “Cure” 17 U.S.C. §450(a) –“With respect to copies … publicly distributed [before March 1, 1989], the omission of copyright notice … does not invalidate the copyright in a work if … (2) … reasonable effort is made to add notice to all copies … that are distributed to the public … after the omission has been discovered.

Assignment for Next Class Read VI.A. - Reproduction and Adaptation