1. Copyright Law Boston College Law School February 11, 2003 Formalities

2. 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)

3. Post 1978 Termination 19782018198819982008 Transfer Termination Window 35 years 2013 - 2018 2003 – 2011 Notice Window 2008 – 2016 Notice Window

4. 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

5. Pre-1978 Transfer 1960198020002020 1 st Termination Window 28 yrs 2016 - 2021 2040 Work Published 1960 Transfer 1975 1 st Term End 1988 28 yrs19 yrs 2 nd Term End 2016 20 yrs 76 Act Extension 2035 Bono Act Extension 2055 2 nd Termination Window 2035-2040

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

7. Formalities Over Time

8. Publication

9. 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).

10. Notice

11. 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.

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